Department of Public Works and Highways(DPWH)

I would like to clarify the contradiction in the prescription of Paragraph 2 and Paragraph 4 of Sub-section 3.2 of Annex E of the Revised IRR of RA 9184. Paragraph 2 provides that approval of the unapproved Variation Order (exceptional cases) is valid as long as it does not exceed 5% of the "adjusted original contract price" whereas Paragraph 4 provides that a Variation Order involving a cumulative amount exceeding 5% of the "original contract price" cannot be commenced unless it is duly approved. These provisions will result in different limits for the same prohibition.

August 17, 2022

Dear Aljon,

Greetings!

Thank you for your request dated Aug 16, 2022 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for Revised IRR of RA 9184.

Response to your request

While our aim is to provide information whenever possible, please be informed that the nature of this transaction is not under the Freedom of Information (FOI). However, we have already referred your concern to the Procurement Service of this Department with transaction no. EM-CFMC-20223750 for their immediate and appropriate action. You may follow up your concern at the Citizens Feedback Management Section thru Hotline 165-02.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to DPWH Manuel Bonoan. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,
Andro Santiago
FOI Officer