Batas Pambansa Bilang 132
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BATAS PAMBANSA BILANG. 132
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Since 19.07.98.
MGA BATAS PAMBANSA
| BATAS PAMBANSA BLG. 132 - AN ACT
APPROPRIATING FUNDS FOR PUBLIC WORKS, HIGHWAYS, TRANSPORTATION AND
COMMUNICATIONS PROJECTS AND FOR OTHER PURPOSES |
| Section 1.Appropriation of Funds. – The following sums, or so much thereof as may
be necessary are hereby appropriated out of the General Fund in the
National Treasury not otherwise appropriated in any subsequent General
Appropriations Act, including the proceeds of bond issues and/or loans
and grants from local or foreign institutions, to implement public
works, highways, transportation and communication projects of the
National Government for the years beginning 1982, as prescribed
hereunder: TITLE A HIGHWAYS For the construction, improvement, rehabilitation, reconstruction, and/or completion of the following highways projects, including detailed engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. National Capital Region P300,000,000 1. Metro Manila Major Roads300,000,000 Region I 370,000,000 1. Rosario-Laoag Road 180,000,000 2. Ilocos Norte Rural Development Project, Road Component 40,000,000 3. Baguio-Bontoc Banawe- Lubugan 150,000,000 Region II P70,000,000 1. Dugo Jet-San Vicente Road70,000,000 Region IV P550,000,000 1. Palawan Integrated Rural Development Project, Road Component 200,000,000 2. Mindoro Integrated Rural Development Project, Road Component 350,000,000 Region V P120,000,000 1. Bicol River Basin, Road Component 120,000,000 Region VI 80,000,000 1. Antique-Aklan Road Component 80,000,000 Region VII P100,000,000 1. Bohol Integrated Development Project, Road Component 50,000,000 2. Various Roads Projects, Cebu 30,000,000 3. Various Roads Projects, Negros Oriental 10,000,000 4. Various Roads Projects, Siquijor 10,000,000 Region VIII P500,000,000 1. West Leyte Road Improvement Project, including four (4) supplementary road sections in Northwest Leyte 300,000,000 2. Samar Integrated Rural Development Project 200,000,000 Region IX P200,000,000 1. Zamboanga del Sur Integrated Development Project, Road Component 170,000,000 2. For various Road Projects in the islands of Basilan, Sulu and Tawi-Tawi 30,000,000 Region X P90,000,000 Region XI 90,000,000 Inter-Regional P2,930,000,000 1. Laoag-Allacapan Road 170,000,000 2. Junction Narvacan, Ilocos Sur Abra Kalinga Road 180,000,000 3. Southern Philippine Development Authority, Road Component (a) Malabang Marawi Road 130,000,000 (b) Ganassi-Tubod Road 100,000,000 (c) Lake Lanao Circumferential Road 130,000,000 (d) Molundo-Wao-Banisilan Linbungan-Carmen Road 330,000,000 (e) Dipolog Zamboanga Coastal Road 600,000,000 (f) Cotabato-Zamboanga Coastal Road 500,000,000 (g) Cotabato City General Santos Road (South Cotabato Coastal Road) 180,000,000 (h) Surigao del Norte-Surigao del Sur-Davao Oriental Coastal Road 410,000,000 4. Dalton Pass 200,000,000 Nationwide P4,560,000,000 1. Philippine Rail Road Project 130,000,000 2. Luzon Road Project 300,000,000 3. Philippine Island Road Project 400,000,000 4. Major Bridges 600,000,000 5. Urban Road and Related Project 200,000,000 6. Bliss Project, Road Component 80,000,000 7. Pambansang Bagong Nayon Project 50,000,000 8. Traffic Safety Devices and Road Signs 70,000,000 9. Detailed Engineering of Various Roads/Bridges 100,000,000 10. Development of Roads and Bridges 200,000,000 11. Various National Roads and Bridges 500,000,000 12. Local and Rural Roads and Bridges 500,000,000 13. Construction of Area Base Shops 600,000,000 14. Slum Improvement and Resettlement Project 100,000,000 15. Restoration and Improvement Project 530,000,000 16. Ferry Services 200,000,000 Total, Title A P9,960,000,000 TITLE B RAILWAYS For the construction of the following projects, including engineering and acquisition of sites, equipment, materials, supplies and service to be used directly for the projects. National Capital Region P800,000,000 1. Light Rail Transit System 800,000,000 NCR and other Regions 1. Repair, Maintenance and Improvement of Rolling Stocks, Tracks and other Facilities including Rehabilitation of the South and North Main Lines and the Commuter Service P2,120,000,000 Total, Title B P2,290,000,000 TITLE C PORTS For the construction, dredging, improvement, provision, rehabilitation, reconstruction and/or completion of port projects, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. C. – 1. Fishing Ports Region I P76,000,000 1. Sual Fishing Port, Pangasinan P76,000,000 Region IV P36,000,000 1. Lucena Fishing Port 36,000,000 Region V P44,000,000 1. Camaligan Fishing Port, Camarines Sur 44,000,000 Region VI P139,000,000 1. Iloilo Fishing Port 139,000,000 Region IX P177,000,000 1. Zamboanga Fishing Port 177,000,000 Total, Title C-1 P472,000,000 C – 2. Commercial Ports Region I P11,000,000 Region II 10,000,000 Region III 13,000,000 Region IV 23,000,000 Region V 16,000,000 Region VI 25,000,000 Region VII 17,000,000 Region VIII 29,000,000 Region IX 18,000,000 Region X 21,000,000 Region XI 20,000,000 Region XII 4,000,000 Nationwide 20,000,000 Total Title C-2 P237,000,000 Grand Total Title C P709,000,000 TITLE D AIRPORTS AND AIR NAVIGATIONAL FACILITIES For the construction, improvement, rehabilitation, reconstruction, and/or completion of the following airports and air navigational facility projects, including feasibility and detailed engineering studies, acquisition of sites, equipment, materials, supplies, and services to be used directly for the projects. Region I P10,600,000 Region II 33,500,000 Region III 3,400,000 Region IV 363,580,000 Region V 13,170,000 Region VI 31,500,000 Region VII 566,750,000 Region VIII 34,100,000 Region IX 553,900,000 Region X 17,000,000 Region XI 219,500,000 Region XII 23,000,000 National Capital Region (NCR) 695,000,000 Various Air Navigational Aids Projects 380,000,000 Total, Title D P2,945,000,000 TITLE E IRRIGATION For the construction, improvement, provision, rehabilitation, reconstruction and/or completion of irrigation systems, including engineering, and acquisition of sites, equipment, materials, supplies, and services to be used directly for the projects. Region I P65,000,000 1. National Irrigation System Improvement Project, Regionwide 49,000,000 2. Various Irrigation System and Projects, Regionwide 16,000,000 Region II P516,000,000 3. Cagayan Integrated Agricultural Development Project (Irrigation Component), Cagayan 22,000,000 4. San Pablo-Cabagan Irrigation Project Isabela 17,000,000 5. Watershed Management and Soil Erosion Control Project, Regionwide 312,000,000 6. Nationwide Irrigation Systems Improvement Project, RegionwideP145,000,000 7. Various Irrigation Systems and Projects, Regionwide 20,000,000 Region III P155,000,000 8. Tarlac Irrigation Systems Improvement Project 19,000,000 9. Central Luzon Ground Water Irrigation Project 77,000,000 10. Upper Pampanga River Irrigation Systems, San Antonio Extension and Completion of Drainage Facilities 18,000,000 11. Bay to River Irrigation Project Zambales 21,000,000 12. Various Irrigation Systems and Projects, Regionwide 20,000,000 Region IV P418,000,000 13. Amro-Pinamacan Irrigation Project, Aurora 54,000,000 14. Laguna de Bay Development Project (Irrigation Component), Laguna, Rizal and Cavite 05,000,000 15. Lumintao River Irrigation Project, Mindoro Occidental 7,000,000 16. Amnay River Irrigation Project, Mindoro Occidental 41,000,000 17. National Irrigation System Improvement Project, Regionwide 41,000,000 18. Various Irrigation Systems and, Projects, Regionwide 20,000,000 Region V P475,000,000 19. Naga-Calabanga Irrigation Project, Camarines Sur 350,000,000 20. San Francisco River Irrigation Project, Albay 41,000,000 21. Virac-Calolbon Irrigation Project, Catanduanes 15,000,000 22. National Irrigation Systems Improvement Project, Regionwide 69,000,000 Region VI P165,000,000 23. Binalbangan River Irrigation Project, Negros Occidental 36,000,000 24. National Irrigation Systems Improvement Project, Regionwide 129,000,000 Region VII P276,000,000 25. Bohol Irrigation Project (Wahig- Pamacsalan Reservoir Project) 258,000,000 26. Bayawan River Irrigation Project, Negros Occidental 18,000,000 Region VIII P116,000,000 27. National Irrigation System Improvement Project, Regionwide 116,000,000 Region IX P165,000,000 28. Sibuguey River Irrigation Project, Zamboanga del Sur 30,000,000 29. National Irrigation Systems Improvement Project, Regionwide 135,000,000 Region X P219,000,000 30. Agusan del Sur Irrigation Project, (Bunawan-Salvacion) 10,000,000 31. Agusan II Irrigation Project Agusan del Sur and Agusan del Norte 56,000,000 32. Bukidnon Irrigation Project 153,000,000 Region XI P529,000,000 33. Davao del Norte Irrigation Project, II Libunganon and Lasang 95,000,000 34. Davao del Norte III, Hijo, Manat, Kipaliku, Tugunay, and Libuganon 337,000,000 35. Allah River Irrigation Project, South Cotabato 41,000,000 36. National Irrigation Systems Improvement Project, Regionwide 46,000,000 37. Various Irrigation Systems and Projects, Regionwide 10,000,000 Region XII P148,000,000 38. Rugnan River Irrigation Project, Lanao del Sur 11,000,000 39. National Irrigation Systems Improvement Project, Regionwide 137,000,000 Nationwide P1,409,000,000 40. Mindanao Irrigation Study III 20,000,000 41. Philippine Rural Infrastructure Project II (Communal Irrigation Development Package Project) 384,000,000 42. Rehabilitation and Agricultural Institutional Development Project 85,000,000 43. Investigation and Survey of Proposed Irrigation Projects, including Feasibility Studies 70,000,000 44. Various Irrigation Systems and Projects 800,000,000 45. Mini-Hydros on National Irrigation Systems 50,000,000 Total, Title E P4,656,000,000 TITLE F FLOOD CONTROL AND DRAINAGE For the construction, dredging, improvement, rehabilitation, reconstruction and/or completion of flood control and drainage projects, including engineering, and acquisition of sites, equipment, materials, supplies, and services to be used directly for the projects. National Capital Region P121,000,000 1. Dagat-Dagatan Lagoon Reclamation and Flood Control Project 121,000,000 Region I P89,000,000 2. Abra River Control Project 21,000,000 3. Mabini River Control Project 25,000,000 4. Aringay River Control Project Aringay, Tubao, and Pugo, La Union19,000,000 5. Tagamusing River Control Project Binalonan and Manaoag, Pangasinan14,000,000 6. Bontoc (Chico) River Control Project, Mountain Province 10,000,000 Region II P80,000,000 7. Cagayan Integrated Area Development Project (Flood Control Component) 30,000,000 8. Tuguegarao Drainage Systems, Cagayan 10,000,000 9. Pinacanawan River Controk, Cagayan 10,000,000 10. Chico River Control Project, Kalinga Apayao 10,000,000 11. Calanasan River Control Project, Kalinga Apayao 10,000,000 12. Ifugao River Control Project Ifugao 10,000,000 Region III P166,000,000 13. Pampanga River Control System, Pampanga, Bulacan, Nueva Ecija and Tarlac 29,000,000 14. Maculcol River Control Project, San Felipe and San Narciso, Zambales 50,000,000 15. Quintanguil River Control Project, Arayat and Magalang, Pampanga 12,000,000 16. Abacan River Control Project, Angeles and Mexico, Pampanga28,000,000 17. Batacan River Control Project San Clemente, Tarlac 15,000,000 18. Camiling River Control Project, Camiling and Mayantoc, Tarlac15,000,000 19. Dredging and Improvement of Major Rivers in Bataan and Bulacan17,000,000 Region IV P87,000,000 20. Magsawang Tubig River Control Project, Naujan, Oriental Mindoro 16,000,000 21. Cavite Flood Control and Drainage Project, Kawit and Noveleta, Cavite 20,000,000 22. Laguna Lake Development Project, Flood Control Component 41,000,000 23. Balanak River Control Project, Pagsanjan, Laguna 10,000,000 Region V P20,000,000 24. Daet River Control Project, Camarines Norte 10,000,000 25. Sorsogon Schistosomiasis Control and Related Projects 10,000,000 Region VI P84,000,000 26. Aklan River Control Project, Banga, Libacao, Lezo, Numancia, Malinao, Aklan 8,000,000 27. Jalsur River Control Project, Calinog, Iloilo 8,000,000 28. Dumangas-Zarraga-Leganes Flood Control Project, Iloilo 8,000,000 29. Iloilo City Drainage System 8,000,000 30. Kalibo Drainage System, Aklan 8,000,000 31. San Carlos City Drainage System 8,000,000 32. Regionwide 36,000,000 Region VII P65,000,000 33. Siaton River Control Project, Negros Occidental 10,000,000 34. Cebu City Drainage System 11,000,000 35. Bacong River Control Project, Negros Oriental 11,000,000 36. Dumaguete City Drainage System 10,000,000 37. Tumogong River Control Project, Bais City 13,000,000 38. Inabanga River Control Project, Inabanga, Bohol 10,000,000 Region VIII P54,000,000 39. Saba Basin Schistosomiasis Control and Related Projects, Leyte 10,000,000 40. Tacloban City Drainage System 14,000,000 41. Ormoc City Drainage System 10,000,000 42. Subang Dacu River Control Project, Southern Leyte 10,000,000 43. Regional Government Center Drainage System, Palo, Leyte 10,000,000 Region IX P20,000,000 44. Dipolog River Control Project 10,000,000 45. Polanco River Control Project, Zamboanga del Norte 10,000,000 Region X 82,000,000 46. Lake Mainit Drainage, Jabonga and Tubay, Agusan del Norte20,000,000 47. Tugulbo River Control Project, Tugulbo, Agusan del Norte 12,000,000 48. Mambayaoan River Control Project, Balingasag, Misamis Oriental 10,000,000 49. Cabadbaran River Control Project, Agusan del Norte 10,000,000 50. Tubay River Control Project, Agusan del Norte 10,000,000 51. Usogon River Control Project, Bonifacio, Misamis Occidental 10,000,000 52. Lawayan River Control Project, Oroquieta City 10,000,000 Region XI P122,000,000 53. Upper Agusan River Control Project, Davao del Norte 60,000,000 54. Tago River Control Project, Surigao del Sur 22,000,000 55. Davao City Drainage System10,000,000 56. Nabanturan River Control Project, Davao del Norte 10,000,000 57. Glan River Control Project, South Cotabato 10,000,000 58. Sta Cruz and Padada River Control Project, Davao del Sur 10,000,000 Region XII P30,000,000 59. Marawi City Drainage System 10,000,000 60. Cotabato City Drainage System 10,000,000 61. Iligan City Flood Control and Drainage System 10,000,000 Nationwide P1,038,000,000 62. Pampanga, Bicol, and Cotabato Rivers System Dredging Project 185,000,000 63. Schistosomiasis Flood Control and Related Projects 53,000,000 64. Various Flood Control and Drainage and Related ProjectsP800,000,000 Total, Title F P2,058,000,000 TITLE G SHORE PROTECTION For the construction, improvement, provision, rehabilitation, reconstruction and/or completion of shore protection projects, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. National Capital Region P5,000,000 Region I 8,000,000 Region II 6,000,000 Region III 5,000,000 Region IV 6,000,000 Region V 6,000,000 Region VI 8,000,000 Region VII 7,000,000 Region VIII 9,000,000 Region IX 6,000,000 Region X 9,000,000 Region XI 6,000,000 Region XII 6,000,000 Nationwide 20,000,000 Total, Title G P107,000,000 TITLE H TELECOMMUNICATIONS For the construction, improvement, provision, rehabilitation, reconstruction, and/or completion of telecommunications projects, including feasibility and detailed engineering studies, acquisition of sites, equipment, materials, supplies, and services to be used directly for the projects. National Capital Region (NCR) P13,500,000 Development of Telecommunications Training Institute 13,500,000 Region I and II P388,100,000 Rural Telecommunications Development Project 388,100,000 Regions III and IV P375,000,000 Rural Telecommunications Development Project 375,000,000 Regions V P194,700,000 Rural Telecommunications Development Project 194,700,000 Regions VI and VII P2,055,000,000 Rural Telecommunications Development Project 2,055,000,000 Regions VIII P540,000,000 Rural Telecommunications Development Project 540,000,000 Regions IX, X, XI, & XII P3,382,600,000 Rural Telecommunications Development Project 3,382,600,000 Nationwide P651,000,000 Improvement and Development of National and Regional Telecommunications Network 651,000,000 Total, Title H P7,600,000,000 TITLE I POSTS For the construction, improvement, provision, rehabilitation, reconstruction and/or completion of postal facilities, including detailed engineering studies, acquisition of sites, equipment, materials, supplies, and services to be used directly for the projects. National Capital Region P49,600,000 1. Bureau of Post Building 39,600,000 2. National Post Training Center 10,000,000 Various Post Offices/Distribution Centers P170,600,000 Region I 16,000,000 Region II 9,000,000 Region III. 16,000,000 Region IV 16,000,000 Region V 9,000,000 Region VI 12,000,000 Region VII 15,000,000 Region VIII 10,600,000 Region IX 10,000,000 Region X 10,000,000 Region XI 12,000,000 Region XII 10,000,000 National Capital Region (NCR) 25,000,000 Total, Title I P220,200,000 TITLE J FEASIBILITY STUDIES AND ENGINEERING ACTIVITIES For the conduct of feasibility studies and investigation surveys, preparation of plans and designs, and other engineering activities for infrastructure projects. Nationwide P500,000,000 1. Public Works and Highways 300,000,000 2. Transportation and Communications 200,000,000 Total, Title J P500,000,000 TITLE K RIGHTS-OF-WAY For the acquisition of rights-of-way necessary for the implementation of public works projects. Nationwide P600,000,000 1. Public Works and Highways 400,000,000 2. Transportation and Communications 200,000,000 Total, Title K P600,000,000 TITLE L MISCELLANEOUS PUBLIC WORKS For the construction, improvement, provision, rehabilitation and reconstruction of various miscellaneous public works projects, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. Nationwide Various Projects P300,000,000 Total, Title L P300,000,000 Sec. 2. Detailed Plans and Programs of Work. – Prior to the actual construction, improvement, rehabilitation and/or reconstruction of the projects covered in whole or in part by appropriations in this Act, and except as otherwise provided in Sec. 3 of this Act, approval of detailed engineering plans and programs of work by the Minister of Public Works and Highways, or in the case of telecommunications projects by the Minister of Transportation and Communications, shall be obtained for every project with an estimated cost greater than P1,000,000; by the line Bureau of the Agency Head or, in the case of staff bureaus by the Ministry Head concerned, for every project with an estimated cost greater than P500,000 but not more than P1,000,000; by the Regional Director concerned for every project with an estimated cost greater than P200,000 but not more than P500,000; and by the District or City Engineer concerned for every project with an estimated cost of P200,000 or less. The program of work shall include, among other things, estimates of the work items, quantities and cost, a PERT/CPM (Program Evaluation Review Technique/Critical Path Method) network of the project activities, and monthly cash flows. The program of work shall cover at least a usable portion of the project and no construction shall be started for portions of the project that are less than usable; except projects requiring stage construction, in which case continuity of construction up to the completion of a usable portion shall be assured. Once the program of work is approved, it shall serve as the basis for the implementation of the project and the corresponding expenditure of funds. No project shall be divided into smaller portions for the purpose of circumventing the provisions of this Section. Sec. 3. Implementation of Postal, Airport and Air Navigation Projects. – In the implementation of postal, airport and air navigation projects covered in whole or in part by appropriations in this Act, the Ministry of Transportation and Communications shall be responsible for the project location, space planning, and programming of funds, subject to existing laws, rules and regulations. The funds for the projects shall be released to the Ministry of Transportation and Communications and sub-allotted to the Ministry of Public Works and Highways, as implementing agency. The Ministry of Public Works and Highways shall undertake the detailed engineering, including the preparation and approval of detailed plans and program or work, and the construction of the project by contract or by administration, in accordance with the provision of this Act, subject to prior consultation with the Ministry of Transportation and Communications, and provided that any expenses for direct project management to be charged to the project funds by the Ministry of Public Works and Highways shall not exceed five per centum (5%) the project cost. Sec. 4. Local Labor. – In the implementation of projects covered by appropriations in this Act, the required unskilled labor shall be procured, where available, from the sitio, barangay, poblacion, municipality or city where the project is located, and, for this purpose, a certification from the City or Municipal Mayor of Barangay Captain, as the case may be, shall be secured as to the availability of the unskilled labor. Skilled labor shall be procured, where available, from within the province when the project is located. Specialized skilled labor may be procured outside the province where the project is located. Sec. 5. Labor-Intensive Methods. – Whenever technically and economically feasible, labor-intensive methods shall be used in the prosecution of the projects authorized in this Act; Provided, That (a) the estimated financial cost of each project done by labor-intensive methods does not exceed the cost of the best alternative construction methods defined by the agency concerned by more than ten per centum (10%), (b) the estimated duration of the project done by the labor-intensive methods does not exceed the duration of the best alternative method defined by the agency concerned by more than fifty per centum (50%) and (c) the employment of workers in the projects will not unduly impair the labor requirements of agricultural production in consultation with the Barangay Captain concerned: Provided, finally, That before any such project is prosecuted, the agency concerned shall prepare at least two alternative methods of construction based on the same plans and structural standards, one being labor-intensive together with a comparative evaluation of projected financial and economic costs, employment generation, and technical quality; such comparison shall be the basis for selecting the most advantageous construction techniques to be employed in terms of the criteria aforestated. The Director or City Engineer concerned shall certify in the program of work that he has maximized the use of labor-intensive methods in accordance with the foregoing criteria. The purchase of hand tools and other work implements for labor-intensive methods may be charged against project funds not exceeding five per centum (5%) of the estimated project cost. These implements may be turned over to the laborers with the payments therefor deductible from their wages on reasonable installments during the duration of their employment in the project. The agencies concerned shall refer to and take into consideration the relevant studies of the Ministry of Public Works and Highways for the identification of project work items or activities for labor-intensive methods of construction. Sec. 6. Pre-Construction Activities. – In the implementation of the work, a general plan of operation shall be prepared to indicate the methods and the procedures to be followed. This plan will cover and organize all relevant fields of study, delineation of responsibilities for undertaking each phase, specifying or analyzing all analytical procedures and resources to be required for conducting the studies. Sec. 7. Purchases of Materials and Supplies. – The Minister of Public Works and Highways, or in the case of telecommunications projects, the Minister of Transportation and Communications, is authorized, subject to bidding and auditing requirements, to procure the necessary materials and supplies for the construction, reconstruction, improvement, repair and/or rehabilitation of any project covered by appropriations in this Act. When these materials and supplies are obtainable locally in the province or city where the project is located, the same may be procured by the District or City Engineer or, in the case of special projects, the Project Manager, without prior authority from the Minister of Public Works and Highways, or, in the case of telecommunications, the Minister of Transportation and Communications, subject to bidding and auditing requirements. No surcharge shall be imposed for the service of procuring such materials and supplies. The expenditures for each material shall not exceed the estimated cost of the same as stated in the approved program of work. Sec. 8. Prosecution of Projects by Administration. – Any project covered by appropriations in this Act with a cost of P500,000 or less, based on the approved program of work under Sec. 2 hereof, may be done by administration or force account by the Ministry, bureau or agency concerned without benefit of public bidding. Every project with a cost of more than P500,000 shall be advertised for public bidding: Provided, That subject to the guidelines to be jointly promulgated by the Minister of Public Works and Highways and the Minister of Transportation and Communications, preference shall be given to qualified bidders within the region where the proposed project shall be constructed. If there are acceptable bids for such project, the project may be prosecuted by administration by the bureau or agency concerned after securing the approval of the Minister of Public Works and Highways or, in the case of a telecommunications project, by the Minister of Transportation and Communications, if the project cost is P5,000,000 or less; and the approval of the President, upon recommendation of the Ministry of Public Works and Highways or, in the case of telecommunications project, the Minister of Transportation and Communications, if the project cost is more than P5,000,000. Sec. 9. Negotiated Contracts. – Pursuant to the general policy of undertaking projects by contract after public bidding, no project covered by appropriations in this Act shall be prosecuted by negotiated contract except: (a) in case where the public bidding has failed to produce bids acceptable to the bureau or agency concerned; or (b) in case of urgent necessity or emergency or danger to life and property; or (c) in case of a project under contract, in which case the agency concerned may negotiate with the contractor of the on-going contract less credit for mobilization, except in cases of extraordinary inflation or state of recession declared by the Government: Provided, That no negative slippage exceeding ten per centum (10%) is incurred by the contractor in any of his on-going projects: Provided, further, That the additional work is within his contracting capabilities. Authority to negotiate contracts for projects under these exceptional cases shall be subject to prior approval by the Minister of Public Works and Highways or, in the case of telecommunications projects, by the Minister of Transportation and Communications, if the project cost is P5,000,000 or less; and to approval by the President, upon recommendation of the Minister of Public Works and Highways or, in the case of telecommunications projects, of the Minister of Transportation and Communications, if the project cost is more than P5,000,000. Sec. 10. Engineering and Administrative Overhead. – Appropriations in this Act shall be used solely for project implementation which may include direct engineering and administrative overhead expenditure incidental thereto. These expenditures shall be reflected in the program of work for the project concerned as provided for in Sec. 2 of this Act and shall not exceed five per centum (5%) of the amount actually released for the project. The expenditures shall be reduced to the extent of any personnel and other services that are already supported by regular appropriations of the agencies concerned. Sec. 11. Allocation of Nationwide and Regionwide Lumpsum Appropriations. – The nationwide and regionwide lump-sum appropriations authorized in this Act shall be allocated as equitably as possible to specific projects and areas in the various provinces, cities and municipalities within the region concerned, on the basis of the conformance of such project to the national and/or regional plans, the degree of need for such infrastructure project taking into account the size and developmental potentials of the area, population, rates of unemployment, employment and/or underemployment; Provided, That regions, provinces, cities and municipalities that are not covered by specific appropriations in this Act shall be given priority in the allocation of such nationwide and regionwide appropriations. Sec. 12. Reports. – The Minister of Public Works and Highways and the Minister of Transportation and Communications shall submit quarterly accomplishment reports to the President, the Prime Minister, the National Economic and Development Authority, the Ministry of the Budget, the Batasang Pambansa through the Speaker, and the Chairman of the Regional Development Council of the region where the project is undertaken. At the end of the calendar year, the Minister of Public Works and Highways and the Minister of Transportation and Communications shall submit their annual accomplishment reports which shall include the appropriations released as of the end of the calendar year, the extent of the work accomplished, further works to be done to complete the program of broad categories of public works and public highways projects, and recommendations, if any, for transfer of appropriations or changes of program to be incorporated in the succeeding appropriations measure, to the President, the Prime Minister, the National Economic and Development Authority, the Ministry of the Budget and the Batasang Pambansa through the Speaker. Sec. 13. Separability. – If any provision of this Act is declared unconstitutional, the remaining provisions shall remain in force. Sec. 14. Effectivity. – This Act shall take effect immediately upon approval. Approved: September 11, 1981. (C.B. No. 48) |
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Since 19.07.98.
