CONSULTATION SERVICES

Generally, consultation services are when a Client calls

upon the Architect to give oral or written advice and
direction, to attend conferences, to make evaluations and
appraisals regarding a contemplated project and similar
activities, the Architect renders valuable inputs whether or
not the Client pursues the project.

FOREWORD
March 20, 1980, President Ferdinand E. Marcos,
recognizing the role of the members of accredited
professional organizations (APOs). Then, Philippine
Federation of Professional Associations (PFPA) together
with the Professional Regulation Commission (PRC)
initiated the preparation of a document entitled Standard
Guidelines on Consultancy/Consulting Services. The said
document provides the Filipino professionals to accelerate
their contribution to national Development. Three decades
later, it has become urgent to revisit this document for there
was an issue about the influx of foreign consultants
(FCs) and other people claiming themselves as
“consultants'' even without the adequate skills required
for rendering competent services. It emphasizes the need
for utilizing qualified Filipino professionals in the
comprehensive development of our country.

RATIONALE
The Government of the Republic of the Philippines
regularly selects the services of professional
consultants to achieve maximum efficiency, economy and
expediency in the preparation of the whole project
activities. This is to strengthen the national capability of
local expertise, which in turn generates conditions for
increased nationally-evolved scientific and technological
knowledge. For foreign consultants, it is often justified
on the grounds of technology transfer, which means the
assumption that the particular kind of technology
involved is not yet available in this country or is inadequate
in relation to the need for it.

OBJECTIVES
Professional Consulting Architects (PCAs) must first
be registered and licensed Architects (RLAs). The
standards and parameters, to which PCAs who offer and/or
make their services available, are adhered to in order to
develop and nurture the competencies, credibility and
integrity of PCAs in their respective fields/areas of
specialization.

DECLARATION OF POLICY
The practice of all professions in the Philippines
shall be limited to Filipino citizens, save in cases
prescribed by law.

SCOPE OF PROFESSIONAL ARCHITECTURAL CONSULTING SERVICES

(PACS)
The scope of professional architectural consulting
services (PACS) is defined and determined in accordance with
the charter, by-laws, policies, rules and regulations of the
Commission and the Board through the IAPOA to which a
professional consulting architect (PCA) belongs as a member in
good standing. It includes, but shall noy be limited to the
following:

● Program / project conceptualization and development.

● Rendering the technical advice, consultation and/or
counseling.
 ● teaching, lecturing, coaching, mentoring.
● research and development (R&D)
● Documentation
● Conduct of pre-investment/pre - feasibility and
feasibility studies.
● Marketing and promotional studies.
● Construction
● Capital Investment Programming

QUALIFICATIONS OF PROFESSIONAL CONSULTING ARCHITECTS (PCAs)

-Must be a citizen of the Philippines who is a duly
registered and licensed Architect (RLA), a holder of a valid
identification (ID) card-license issued by the Commission and
a member in good standing of the IAPOA.
- Must have the minimum years of active and relevant
professional training and experience in the chosen field/s of
specialization as may be determined by the IAPOA and the
PRBoA/ Commission.
- Endorsed and certified by the IAPOA as a member in good
standing.
- Has never been convicted of any criminal or
administrative offense related to deliberate wrongdoing.

SELECTION OF PROFESSIONAL CONSULTING ARCHITECTS (PCAs)

Clients shall consider the following criteria or general
guidelines in the selection of Professional Consulting
Architects (PCAs):
● The Professional Consulting Architect (PCA) is competent,
capable and with integrity;
● Only duly-qualified Filipino professional consulting
Architects (FPCAs) shall render architectural consulting
services in areas or fields of architectural
specialization performed by members of the CBNE, except
 where no qualified FPCA is available. Under the said
circumstances, where a non - FPCA i.e. a FA or FC is
engaged, a minimum of two (2) Filipino RLAs in the same
area or field of architectural specialization shall be
employed as understudies; and

● For Government projects, the selection of PCAs shall be

in accordance with the relevant provisions of R. A. No.
9184, otherwise known as the Government Procurement
Reform Act (GPRA) of 2003

MANNER OF PROVIDING PROFESSIONAL ARCHITECTURAL CONSULTING

SERVICES (PACS)
A Professional Consulting Architect (PCA) may
provide services directly or indirectly to the Client in
the manner prescribed, suggested or promulgated by the
Commission/Board through the IAPOA

COMPENSATION OF PACS
The computation of the compensation of fees for
professional architectural consulting services (PACS) shall
depend on the type of services to be rendered and the
conditions under which they are to be performed.
● Per Diem or Hourly Basis
● Retainer
● Salary cost times a multiplier, plus direct cost or
reimbursable expenses
● Fixed/Lump Sum payment
● Percentage of total project cost

SEAL AND USE OF SEAL UNDER PACS

Professional Consulting Architect (PCA) shall sign
and affix his professional license number and the seal
duly-approved by the Commission/ PRBoA and/or the IAPOA
on all architectural documents as outputs, prepared by
him, or under his/her direct supervision, if and only
if the CA shall also act as the Architect -of-record
(Aor), in which case he must assume all the
attendant/pertinent professional responsibilities and civil
liabilities for the project.

INTELLECTUAL PROPERTY RIGHTS FOR PACS

All architectural documentary outputs and materials
delivered or rendered by a professional consulting
Architect (PCA) shall be protected under Secs. 20 (4) and 33
of R.A.bNo. 9266 and its 2004 IRR, whether such
outputs and materials are executed or not. No person
without the written consent of the professional consulting
Architect (PCA) or author of said architectural documents
and/or materials shall duplicate or make copies of said
documents for use in the repetition of and for other
projects, whether executed partly or in its entirety.

PROFESSIONAL RESPONSIBILITY AND CIVIL LIABILITY FOR PACS

- Any individual, partner, firm/corporation/consortium, or
a joint venture which engages in the practice of professional
architectural consulting services (PACS) is legally
responsible. i.e., professionally accountable before the
State and civilly liable before the State, the general public,
and the Client for the conduct and performance of their
services to their clients, whether in the Government, private
sector civil society, or the international community (with
projects on Philippine soil).

- Where applicable, a Professional Consulting Architect

(PCA)
must secure a Professional Liability Insurance Policy,
professional indemnity insurance, or equivalent in bond form
commensurate with the magnitude and scope of project
involvement with the corresponding compensation. Such cost
shall form part of the total project cost chargeable to the
Client.

APPLICABILITY
This Standard of Professional Practice (SPP) for
Professional Architectural Consulting Services (PACS) shall
be adopted by the IAPOA, which shall, after that, formulate
the covering guidelines and Manual of Procedure (MoP).

ALTERNATIVE DISPUTE RESOLUTION(ADR)

In case of any dispute arising from the
implementation of these IRR and related derivative
regulations, the same shall be resolved by modes of
alternative dispute resolution (ADR) mandated under R.A. No.
9285 (the ADR Act of 2004 and its IRR) before it is referred
to a competent court. The ADR modes must include negotiation,
conciliation, mediation, and arbitration. An ADR clause
must, therefore, form part of all PCAS agreements.

PENALTY CLAUSE AND SANCTION

Any individual, partner, firm/corporation/
consortium who/which engages in professional
architectural consulting services (PACS), but are not
qualified in accordance with the provisions prescribed by
law, particularly under R.A. No. 9266 (The Architecture Act
of 2004) and its IRR, shall be subject to sanction/s
by the appropriate public or private entities, without
prejudice to the filing of appropriate criminal, civil
administrative or special complaints pursuant to existing
laws.

ARCHITECTURAL CONSULTANCY AGREEMENT

ARCHITECT CONSULTING AGREEMENT

This Architect Consulting Agreement (the “Agreement”) is

entered into on [MM/DD/YYYY] by and between [CLIENT NAME] (the
“Client”) and [ARCHITECT NAME] (the “Architect”).

1. SERVICES. The Client hereby engages the Architect to

provide design consulting services (the “Services”) as
described as follows: [DESCRIBE SERVICES]. Any images or
further context shall be attached hereto.

2. PAYMENT. The Client shall pay the Architect $[PAYMENT] for

the Services. The fee shall be paid as follows: [PAYMENT
SCHEDULE].

3. INTELLECTUAL PROPERTY. All intellectual property rights in

the Services and documents created or provided by the
Architect shall be owned by the Client. The Architect shall
not use such intellectual property for any purpose other than
providing the Services to the Client.

4. CONFIDENTIALITY. The Architect shall keep all information

relating to the Client and its business confidential.

5. REPRESENTATIONS AND WARRANTIES. The Architect represents

and warrants that it has the knowledge and experience to
perform the Services in a professional and workmanlike manner
and in accordance with the standards generally accepted in the
profession.
6. TERMINATION. The Agreement may be terminated by either
party upon [#] days’ written notice.

7. GOVERNING LAW. This Agreement shall be governed by the laws

of [STATE].

IN WITNESS WHEREOF, the parties have executed this Agreement

as of the date first set forth above.

_______________________
[CLIENT NAME]

_______________________
[ARCHITECT NAME]

EXAMPLE
PROJECT:Contract For The Consultancy Services For The
Construction Of Academic Building II - PHILIPPINE SCIENCE HIGH
SCHOOL : SOCCSKSARGEN REGION CAMPUS (PSHS - SRC), Brgy.
Paraiso, Koronadal City
OWNER: DR. Chuchi P. Garganera, Camp Director
CONSULTANT ARCHITECT: AR. Michael T. Ang
ARTICLE I- Documents Comprising The Contract
The following documents shall be deemed as integral part
of this CONTRACT
1. Terms of Reference for the detailed design
2. PROJECTS Analyses, Plans and all Final Drawings
3. PROJECTS Technical Proposal of the CONSULTANT
herein
4. PROJECTS Summary Cost Estimate
5. CONSULTANT's Personnel and Manning Schedule
6. Schedule of Bidding for PROJECTS
7. Computation of CONSULTANT's Fees
 8. Bid Document
ARTICLE II-Scope
Phase I: Schematic Design Phase
Phase II: Design development Phase
Phase III: Contract Documents Phase
Phase IV: Construction Phase
ARTICLE III- Other Responsibilities Of The Consultant
ARTICLE IV - Responsibilities Of The Owner
ARTICLE V - Submittals
a. Three (3) sets of the Inception Report.
b. Three (3) sets of the Preliminary Planning and Design
Report'
c. Three (3) sets of colored perspective. Size: 8" x
14.5" on 20" x 30" illustration board.
d. Seven (7) sets of the Final Report including all
supporting analyses, complete construction or working
drawings, general conditions and comprehensive specifications
as required;
e. Original copies of the Final Plan and other documents
(Construction and Completion).

ARTICLE VI - Consultant's Fees And Manner Of Payment

-Five Hundred Ninety-Eight Thousand Eighty Pesos Only
(PHP 598,080.00).

a. Schematic Design Service(Lump-sum fee)

b. Design Development services (Lump-sum fee)
c. Construction Bidding service (Lump-sum fee)
d. Completion of the construction report (Lump-sum fee)
e. Acceptance of the Buildings and submission of reports
(Lump-sum fee)

ARTICLE VII - PERFORMANCE BOND

The CONSULTANT shall put up a Performance Bond equivalent
to 5% (Cash/manager's Check)) or 30% SureLy Bond of the
contract price in favor of the OWNER.
ARTICLE VIII - MISCELLANEOUS SERVICES
ARTICLE IX - SUB.CONTRACT
ARTICLE X - PROTECTION OF INTELLECTUAL PROPERTY
- Republic Act 545
ARTICLE XI- SUCCESSORS AND ASSIGNS
ARTICLE XII - WARRANTY
The CONSULTANT and his engineers and consultants involved
in this PROJECT bind themselves under the provision of Article
1723 of the New Civil Code with respect to the liability for
damages if, within fifteen (15) years from the completion of
the structure, the same should collapse by reason of defect in
these plans and specifications due to defect on the ground.

ARTICLE XIII-TAXES
The CONSULTANT hereby assumes the payment of all taxes
that may be due by reason of this contract. In accordance with
the provisions of the National Internal Revenue Code,
withholding taxes shall be deducted from all payments due the
CONSULTANT under this contract.
ARTICLE XIV - PROHIBITED INTEREST
ARTICLE XV - SETTLEMENT OF DISPUTES
ARTICLE XVI- EFFECTIVITY
This contract shall become effective and binding on the
date of receipt by the CONSULTANT of the written Notice to
Proceed to be issued by the OWNER within ten (10) days from
the date of this Contract.