Final MC LGSF-AM Implementation Guidelines
Final MC LGSF-AM Implementation Guidelines
Date: ________________
1.0 BACKGROUND
Part of the F.Y. 2018 Local Government Support Fund (LGSF) is the Assistance to
Municipalities (AM) Program, which seeks to equitably assist all municipalities in the
delivery of basic services by providing financial subsidy to municipalities for the
implementation of their priority programs and projects.
2.0 PURPOSE
This Memorandum Circular is being issued to prescribe the general policies and
procedures in the implementation of the AM Program and ensure that all concerned
are able to abide by the prescribed processes and be accountable for the overall
implementation of the Program.
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Government Support Fund (LGSF) under the R.A. No. 10964 otherwise known as
F.Y. 2018 General Appropriations Act (GAA).
4.0 COVERAGE OF THE PROGRAM
The Program covers 1,373 municipalities specified in the F.Y. 2018 GAA, R.A. No.
10964. As provided in the second paragraph of Section 2 - Assistance to
Municipalities of the Special Provisions of the LGSF under the F.Y. 2018 GAA, page
585, the projects to be funded under the Program were culled out from the Local
Development Investment Plans (LDIPs) of municipalities and shall be limited to:
For purposes of this Memorandum Circular, the following terminologies are used and
defined as follows:
5.5 End-user – Refers to the project beneficiary/ies (i.e. barangay/s, etc.) who
will be the signatory/ies on the Certificate of Acceptance (Annex L-2) for
project implemented By Administration.
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Section 62.2 of the 2016 RIRR of R.A. No. 9184
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5.6 Evacuation Center – Refers to a place designed and constructed to protect
people living in the locality during an emergency, especially during natural
disasters such as typhoons, flooding, and earthquake.
5.9 Geo-resistivity Study - Refers to a field survey that locates and identifies
areas that have groundwater potential.
5.10 Inspectorate Team – Refers to the LGU Monitoring Team that is tasked,
among others, to conduct punch-listing prior the issuance of the Certificate of
Completion and Acceptance (Annex L-1 if implemented By Contract or Annex
L-2 if implemented By Administration) and Certificate of Final Acceptance
(Annex O).
5.11 Local Access Roads and Bridges – Refers to local roads, specifically
municipal and barangay roads and its bridge components that enhances the
connectivity of the LGU road network. These provide constituents with better
access to basic services, or support the economic and commercial growth of
the LGU by improving the mobility of products, goods, and services.
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5.15 Notice of Cash Allocation (NCA) – Refers to the Cash authority issued by
the DBM to Central, Regional through the authorized government servicing
banks of the Modified Disbursement Scheme (MDS), to cover the cash
requirements of the agencies.
5.19 Period of Warranty2 – Refers to the one (1) year Defects Liability Period
within which the Contractor guarantees the quality of work he/she had
contracted and completed as defined in the DPWH D.O. 99 Series 2015. It
shall commence upon issuance of the Certificate of Completion and
Acceptance as defined in Section 5.2 of this Guidelines and ends after the
issuance of the Certificate of Final Acceptance as defined in Section 5.3 of
this Guidelines. In addition to the regular repairs done by the Contractor
during the Period of Warranty, at least two (2) weeks before its expiry date,
the project shall again be inspected by the Inspectorate Team to determine
any defects thereon. All discovered defects, if any, shall be repaired by the
Contractor (if project is implemented By Contract) or by the LGU (if project is
implemented By Administration) to the satisfaction of the Inspectorate Team
after which the Certificate of Final Acceptance shall be issued to the
Contractor by the LGU and/or by the End-user.
5.20 Potable Water – Refers to the water that has passed the Potability
Test/Water Quality Test.
5.21 Potability Test/ Water Quality Test - Refers to the physical, chemical,
and bacteriological examinations of water from newly-constructed systems or
sources before and during construction, before they are operated and opened
for public use, and a regular periodic conduct of the same after completion as
part of the project sustainability.
5.22 Projects – Refers to the projects culled out from the LDIPs of municipalities
and shall be limited to: (i) local access roads; (ii) local bridges; (iii) potable
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Section 62.2.2 of the 2016 RIRR of R.A. No. 9184
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water system projects; (iv) evacuation centers and disaster risk reduction-
related equipment; (v) small water impounding projects; (vi) rain water
catchment facilities; (vii) sanitation and health facilities; and (viii) municipal
drug rehabilitation facilities, as provided in the second paragraph of Section
2-Assistance to Municipalities of the Special Provisions of the LGSF under the
F.Y. 2018 GAA, page 585.
5.27 Regional Hubs (RHubs) – Refers to the Regional WATSAN Hubs composed
of higher educational institutions (university/college), water districts, private
sectors, and NGOs, that will assist the DILG in capacity building of the
Municipalities.
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5.32 Warranty Security – Refers to the financial instrument submitted by the
Contractor/Supplier/Municipality concerned in the form of cash, letter of
credit, bank guarantees, surety bond callable on demand, to guarantee
against structural defects/failures in the case of works, or against
manufacturing defects in the case of goods, during the applicable Period of
Warranty after project acceptance, the posting of which shall be consistent
with the relevant provisions of the R.A. 9184 and its Revised IRR.
5.34 WATSAN (iWaSH) Council – Refers to the local oversight body on Water
Supply, Sanitation and Hygiene (iWaSH/WATSAN) matters of the whole
locality. It also serves as governance and coordination body for the
implementation of iWaSH at the local level.
6.1 Fund
6.2.1 In case the project cost exceeds the national subsidy and shall be
deposited into the trust account used for the implementation of the AM
projects.
6.3.1 The release of funds under the AM Program shall be subject to the
compliance of the concerned municipalities with the following
conditions vis-a-vis based on the assessment, to wit:
6.3.2 The deadline for compliance with the requirements shall be until 30
June 2018. Funds for the non-compliant Municipalities shall no
longer be released.
6.3.3 The DILG, through the OPMO, shall consolidate the list of the
municipalities that have complied with the conditions for fund release
under Items 6.3.1 and 6.3.2 hereof.
6.3.4 The DILG shall endorse to the DBM the list of municipalities eligible
for fund release and the projects to be funded and their corresponding
cost (per project).
6.4.1 Consistent with Section 7 of the Special Provisions and Section 90 (c)
of the General Provisions of the FY 2018 GAA, R.A. No.10964, the
funds shall be released directly by the BTr to the beneficiary LGU
through AGSBs. The amount released to the Municipalities shall be
recorded as Trust Fund to be used for the specified purpose.
Moreover, the Municipality shall maintain a separate subsidiary ledger
for each project to record each transaction.
6.4.2 Within 15 days after receipt of the fund, the beneficiary LGU thru the
Municipal Treasurer shall confirm with the DILG-RO through DILG-PO
and concerned MLGOO that the funds have been recorded as Trust
Fund using the template shown under Annex A (Municipality’s
Confirmation on the Receipt of 2018 AM Fund) hereof.
6.4.3 The Municipality shall exclusively utilize the fund (a portion of the
fund mentioned in Section 6.1 and Section 6.2.1 of this Guidelines)
for the implementation of the project for its intended purpose, in
accordance with the existing government budgeting, procurement,
accounting and auditing laws, rules and regulations.
6.4.4 The Municipality may use the difference between the Approved
Budget for the Contract and Contract Award Price to finance Variation
Orders for the same project, subject to Section 6.5.3.9 of this MC.
Variation Order mentioned herein strictly refers to the Variation
Orders as defined and as allowed in Item 1, Annex E, of the 2016
Revised Implementing Rules and Regulations for R.A. No. 9184.
Otherwise known as the “Government Procurement Reform Act”.
6.4.5.2 The Municipality shall revert to the BTr the unutilized funds
after the completion of the projects as recognized by the
Municipal Accountant within the year after the Final
Payment.
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6.4.5.3 The DILG may demand LGUs to revert the fund subsidy for
specific project which has continually digressed conformance
to any or all of the monitoring parameters (Annex R) set by
the DILG and/or pursuant to applicable Sections of R.A. No.
10964.
6.5.1.1 Within two (2) months after receipt of funds, except for
Potable Water System Projects which will be three (3)
months, the Municipality shall submit to DILG-RO through
DILG-PO and concerned MLGOO the following:
1. The DED and the POW have been prepared and approved
in accordance with the NG standards and relevant
provisions of the R.A. No. 10964 (FY 2018 GAA) (refer to
Annex G) and other applicable laws and issuances.
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In case that the Municipality resorted to Design and Build
(D&B) scheme, the provision of the Section 7 of Annex G
of the 2016 Revised IRR of R.A. No. 9184 shall be
included in the Certification in lieu of the DED and POW.
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2. For Sanitation Toilet and Hygiene Facilities
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actual terrain/project site cannot
accommodate the abovementioned design
due to justifiable cause (i.e. due to
environmentally critical sections, excessive
earthworks, extensive damage to private
properties, etc.). In such cases, the
Municipality shall provide justification
stating the reason and details of
adjustment made in the design and
inclusion of engineering mitigation
measures (i.e. additional safety signs,
warning signs, etc.) included in the DED,
signed by the Municipal Engineer and
approved by the LCE. The document shall
be attached to the approved DED.
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The design and site location are compliant with the
requirements of “Evacuation Centers”, Volume I-A,
Special Provisions No. 7 of the FY 2018 GAA under the
DILG:
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1.2 For Rescue Equipment
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k. Pursuant to paragraph 4 (ii) of Section 2 of the Special
Provisions under the Local Government Support Fund of
the F.Y. 2018 GAA, a duly accredited CSO representative
who is a signatory to the Municipality’s list of priority
projects may actively participate to sit as observer in the
Bids and Awards Committee (BAC), which will undertake
the procurement activities for the implementation of AM
projects. The CSO duly accredited by the Municipality is
in addition to the identified observer under Section 13 of
R.A. No. 9184 and its 2016 Revised IRR.
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c) Verify and check the quality of workmanship of the
Contractor as against the approved plans, specifications,
and programs of work and National Standards;
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e. Rainwater Collection Facilities pursuant to R.A. 6716
6.5.3.6 Consistent with R.A. No. 6685 dated 12 December 1988, the
Municipality shall hire or ensure that the Contractor hires at
least fifty percent (50%) of the unskilled and at least thirty
percent (30%) of the skilled labor requirements from the
available bona fide residents in the municipality where the
subproject is located. The Municipality shall ensure that the
following are strictly observed: (1) adoption of the standard
labor salary rate, (2) adoption of rotation process, as
possible, to accommodate as many community members in
the labor force, (3) transparency in the criteria for selection,
and (4) prioritization of those from the community with no
current employment and are abled.
a. Negative slippage of 5%
6.5.3.11 In case the Contractor fails to complete the work within the
specified contract duration and any approved time
extension, the Municipality shall impose liquidated damages
in accordance with Annex E of the 2016 Revised IRR of R.A.
No. 9184.
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6.5.3.13 In accordance with Annex E of the 2016 Revised IRR of R.A.
9184, the Municipality shall conduct preliminary inspection
(punch-listing) upon reaching 95% physical
accomplishment. Immediately after the preliminary
inspection, the Municipality shall provide a punch-list to the
contractor in preparation for the final turnover of the
project. Said punch-list will contain, among others, the
remaining works, work deficiencies for necessary
corrections, and the specific duration/time to fully complete
the project considering the approved remaining contract
time. This, however, shall not preclude the procuring
entity's claim for liquidated damages.
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c. Actual implementation/construction is in accordance with
the approved Plans and Technical Specifications
6.5.5.2 The Municipality shall invite the presence of DILG (PO / RO)
during major activities such as, but not limited to the
following:
a. Well drilling
c. Pipe laying
d. Leakage/hydro testing/commissioning
7.2 Municipalities
7.1.1 The LCE and the concerned local officials shall be responsible and
accountable for the proper disbursement and utilization of the funds
provided, for ensuring the timeliness and quality of works in the
implementation of the projects which shall be in accordance with the
approved design, plans, and specifications consistent with the relevant
provisions of applicable laws, circulars, and issuances.
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7.1.3 The specific responsibilities of the Municipality are stipulated in the
applicable provisions of this Guidelines.
7.3 DILG
7.3.1.1 Oversight
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b. Develop and maintain database of conducted Capacity
Development Interventions
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The RO shall take the lead in the progress monitoring and evaluation
and is responsible in overseeing the implementation of the program at
the regional level to ensure efficiency and effectiveness.
i. Implementation timelines;
i. Implementation timelines;
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7.3.2.5 The Municipal Local Government Operations Officer (MLGOO)
shall:
7.3.1 After the project monitoring/validation, the DILG shall ensure the
issuance of Aide Memoire (Annex I). Municipality’s non-compliance
with the recommended corrective actions during project
implementation is indicated in the aide memoire and any deviation of
the provision of this Guidelines. The following actions shall be
undertaken:
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7.4.1.3 If no action has been initiated by the concerned Municipality
after fifteen (15) calendars days after the receipt of First
Warning Letter (Annex U-1), the MLGOO shall notify the PD
of the Municipality’s non-action, and subsequently the PD
shall notify the LGU by sending Second Warning Letter
(Annex U-2), requiring the concerned LGU to provide
justifications and actions within fifteen (15) calendar days to
address their non-compliance.
7.4.1 Pursuant to Section 2 of the F.Y. 2018 GAA Special Provisions, duly
accredited Civil Society Organizations and citizens may actively
participate in the implementation by way of:
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Any interested party may send their feedback, complaints,
comments and suggestions including geo-tagged photos to
the contact information indicated in the community and
project billboard and to the to the SubayBAYAN and any
other portal that will be developed for the purpose.
8.1 Projects not implemented in accordance with the provisions of this Guidelines
including all other applicable laws but not limited to the following:
8.1.2 R.A. No. 9485 “An act to improve efficiency in the delivery of
government service to the public by reducing bureaucratic red tape,
preventing graft and corruption, and providing penalties therefor”
8.1.3 R.A. No. 9184 “The Government Procurement Reform Act and its
Revised Implementing Rules and Regulations”
8.1.4 Section 43, Chapter 5 and Section 80, Chapter 7, Book VI of E.O. No.
292
All provisions of existing issuance that are inconsistent with this Memorandum
Circular are hereby repealed/amended accordingly.
11.0 ANNEXES
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Annex B–1 Notarized LGU Certification for Local Access Roads / Bridges /
Footbridges Projects
Annex B–2 Notarized LGU Certification for Potable Water System Projects
Annex B–5 Notarized LGU Certification for Small Water Impounding Projects
Annex B–7 Notarized LGU Certification for Rain Water Catchment Facility
Projects
Annex B–8 Notarized LGU Certification for Sanitary Toilet and Hygiene
Facility
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Annex U–3 Warning Letter No. 3
12.0 EFFECTIVITY
This Circular shall take effect immediately upon posting in the DILG website.
EDUARDO M. AÑO
Officer-In-Charge, DILG
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