DO - 039 - s2024 Time Variance New DO
DO - 039 - s2024 Time Variance New DO
DO - 039 - s2024 Time Variance New DO
19DWA
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS 03 .\q. roll
OFFICE OF TIIE SECRETARY
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&^00„0 "L\,I,l^S
MAR 1 8 2024
In view of this, there is a need to revise certain provisions incorporated on the department orders
/ issuances issued effective during the COVID-19 pandemic, in order to be appropriate/applicable
in this post pandemic era.
I. LEGAL BASES
• Annex "E" of the 2016 Revised lmplementing Rules and Regulations (IRR) of Republic
Act (RA) No. 9184 for locally funded projects, or latest issuance
The authority to issue WSO and CTE, including the determination of the inclusive period
necessary for the said Orders pursuant to Sections 10.1 and 11.5 of the 2016 Revised
lmplementing Rules and Regulations of Republic Act No. 9184, or latest issuance, is
hereby delegated as follows:
©Website: https://www.dpwh.gov.ph
Qgrel. NO(s).: 5304-3000 / (02) 165-02
|lv -01021
Department Order No. jEL Series of 2024
Approval of Work Suspension Order, Work Resumption Order, and Contract Time Extension for Civil Works Projects
Page 2 of 9
The approval of the request for WR0 is hereby delegated to the Head of the Implementing
Office (10).
Consistent with the Cash Budgeting System, approval of requests for Contract Time
Extension for locally funded projects, may be allowed within the delegated authority of
the concerned DPWH Official, provided that the Revised Expiry Date should not go beyond
the validity period of the funds for the project and the processing of the billing documents
as well as the disbursement of funds for the project will also be taken into consideration.
The above-stated officials shall issue the corresponding Orders within the time prescribed
in the DOTS.
The preparation of the desired WSO, WRO and CTE shall remain with the concerned DPWH
PE. The DPWH PE shall ensure that all supporting documents are submitted pursuant to
the prevailing Department Order (D.O.) for DOTS. Likewise, all approved CTEs shall be
submitted to the Bureau of Construction for updating of construction schedule in the
PCMA.
The DPWH .PE shall use the format prescribed in the most current policy regarding the
standard forms in Project Implementation, in preparing said WSO, WRO and CTE, as may
be deemed applicable.
1. For locally-funded projects, a wso directing the contractorto suspend the contract
work wholly or partly, for such period as may be necessary, shall be issued for
the following reasons:
Department order No. JEL, Series of 2024
Approval of Work Suspension Order, Work Resumption Order, and Contract Time Extension for Civil Works Projects
Page 3 of 9
a. Force majeure or any fortuitous event that has taken place, which inflicts
extensive damage and/or makes it difficult to proceed with the work, such
as a devastating earthquake or flood, or
b. Failure on the part of the Contractor to correct bad conditions which are
unsafe for workers or for the general public, or
c. Failure of the Contractor to carry out valid orders given by the procuring
entity or to perform any provisions of the contract, or
3. Considering that a certificate of site availability was issued by the 10 prior to the
start of the project, WSO due to ROW problem shall not be issued right at the
start of contract effectivity.
Page 4 of 9
The MTSR shall indicate the said unworkable days and grant contract time extension
upon approval by the Head of the 10, provided that proper and complete
documentation is compliant with the checklist in the DOTS for Civil Works.
The DPWH PE or PE's Representative shall prepare the MTSR, using the format in the
most current policy regarding the standard forms in Project Implementation, for
approval by the Head of the 10. MTSR for the current month should be prepared and
approved in the succeeding month. The Project Logbook, Weather Chart and
Geotagged pictures should be attached in the approval of MTSR in order to verify the
workable and unworkable days.
A certification stating the distance of the PAG-ASA weather station from the project
site should be issued by the DPWH Project Engineer. If the 10 finds it reasonable that
the distance causes the inconsistency of the data from PAG-ASA Monthly Weather
Report and Project Weather Chart, the number of attached Geotagged pictures should
be at least 50% of the determined number of unworkable days.
Page 5 of 9
For locally-funded projects, if the reason for the suspension was not resolved within
the period provided in the WSO, the herein delegated authority shall issue, within 5
days before the lapsed of the WSO, a CWSO directing the continuance of the
suspension of work under the contract.
The authority of the District Engineer and UPMO Project Director/ Bureau Director in
issuing a CWSO shall take into consideration the number of days provided in the
WSO. In case the cumulative number of days provided in both WSO and CWSO
exceed their authority provided in item 11 hereof, the CWSO must be approved by the
Regional Director or the Undersecretary for UPMO Operations/ Technical Services, as
the case may be.
E. Slowdown of work
Slowdown of work occurs when there are unworkable activities along the critical path,
which is not due to any fault of the Contractor, or limited output of the contractor
due to circumstances at the project site which are not the fault of the contractor or
beyond his control, but will not cause to total suspension of the project, a derivation
of the delay should be provided based on the schedule of the affected activities along
the critical path.
The Contractor should inform the 10 of the delay in the implementation of the project
thru a letter indicating the reason based on the grounds stated in Section IV(A)
hereof. A derivation should be prepared by the Contractor's PE and checked/reviewed
by the DPWH PE using the format in Annex A hereof, for approval by the Head of
the 10.
The derivation of slowdown of work should be done monthly, if there exist a ground
for suspension which affects the critical activities of the project, and to be approved
in the succeeding month. The Project Logbook, Geotagged pictures, Justification from
the contractor regarding the slowdown of work duly acknowledged, checked and
verified by the DPWH Project Engineer, latest approved construction schedule, and
other supporting documents as per the most current policy regarding the Document
Tracking System (DOTS), should be attached in the approval of the derivation in order
to verify the delay in the implementation of the project.
Upon the resolution of the cause or reason for the issuance Of WSO or CWSO, the DPWH PE
even without a request from the Contractor, shall prepare a WRO - using the prescribed
format in the most current policy regarding the standard forms in Project Implementation,
directing the Contractor to resume work under the contract, subject to the approval of the
Head of the 10, and to the requirements of the DOTS for Civil Works checklist and
prescri bed timeframe.
Department Order No. JEL Series of 2024
Approval of Work Suspension Order, Work Resumption Order, and Contract lime Extension for Civil Works Projects
Page 6 of 9
A. Application
3. The request for CTE due to approved wso, Monthly lime suspension Report due
to intermittent rainy/unworkable days and other reasons, shall be labeled in
consecutive order (e.g., CTE No. 1, CTE No. 2, etc.), based from the order of
occurrence of circumstances leading to such claim for CTE. /Refer fo f*amp/e 2/
4. The CTE corresponding to the WSO may be approved by the official with whom
the authority has been delegated even prior the issuance of WRO, provided that
the CWSO has been approved. The WRO shall be issued by the 10, regardless of
the cumulative period of the WS0 and CWSO. /Refer fo &/e i/
5. The CTE corresponding to slowdown of work may be approved by the official with
whom the authority has been delegated even without an approved WSO provided
that the cause of the delay of the implementation of the project is within the
grounds stated in Section IV(A) hereof, Likewise, corresponding derivation of the
delay should be provided and documentary requirements due to meritorious
circumstances should be complied.
6, The 10 shall act on each claim for Contract lime Extension from Contractors
including investigations of the circumstances and justifications, if any, and
disposition-i.e., approval/ disapproval/ reduction/ modification/ recommendation -
within the prescribed time under the DOTS of each office, Section 11.1 Annex E of
the Revised IRR of RA 9184, Section 20.1 of FIDIC, Section 5.a of RA 6713 (within
15 calendar days), or any other applicable guidelines prescribed by the
institution (for foreign funded).
APprovalofworksuspensionorder,WorkResumptionorder,andcon?:ap:rtTTme:tfr:::,#°.fo#£%rr!%S::o::::
Page 7 of 9
7. The DPWH PE shall prepare the prescribed form for Contract lime Extension
pursuant to the most current poliey regarding the standard forms in Project
Implementation.
1. The request for Contract lime Extension may be considered valid if the two (2)
conditions were both complied:
• Condition 1 -The request was made prior to the expiration of the contract
time, and
• Condition 2 - The request was made within thirty (30) calendar days for
locally funded projects (Sec. 11.1, Annex E, RIRR of RA 9184), or within
twenty-eight (28) cd for foreign funded projects (Clause 20.2.1, FIDIC Second
Edition, 2017), after work operations has resumed or after the circumstances
leading to such claim had arisen. /Refer fo &/e 4J
3. The request for CTE shall be submitted to the approving official to be supported
with complete and proper documents in accordance with the checklist in DOTS
for Civil Works. Otherwise, the said request shall be denied.
APprovalofworksuspensionorder,WorkResumptionorder,andcon=:apfrtTTme:tfr:::ioNn°.foi##r!%S::o;gis
Page 8 of 9
1. The 10 shall act on each claim for Contract lime Extension from Contractors
including investigations of the circumstances and justifications, if any, and
disposition-i.e., approval/ disapproval/ reduction/ modification/ recommendation -
within the prescribed time under the DOTS of each office, Section 11, Annex E of
the Revised IRR of RA 9184, Section 20.1 of FIDIC and Section 5.a of RA 6713
(within 15 calendar days).
1. All Offices concerned in the preparation, review, evaluation and approval of all
requests relative hereto, shall observe the timeframe stipulated in Annex 8 of this
issuance.
2. Any personnel/official of the DPWH who will take more than fifteen (15) days to
submit its recommendation or decision on any request covered under this order, shall
be held administratively liable.
Relative to the provisions of the D.0. on the Document Tracking System (DOTS), all requests of
the Contractor shall be duly registered in the DOTS and duly recorded in the ReceMng Logbook
of the 10 (Records Section/DOTS Center). Likewise, the /effer ne74/esf of the Contractor should
be stamped with "Aere/Wed" by the 10 indicating therein the date and time it was received.
The Head of Implementing Office shall submit within thirty (30) calendar days upon the approval
of CTE, a certified true copy of the approved CTE and corresponding revised construction schedule
together with all supporting documents as per DOTS, to the Bureau of Construction for the eventual
approval of the revised schedule in the PCMA.
Department Order No. ±8. Series of 2024
Approval of Work Suspension Order, Work Resumption Order, and Contract Time Extension for Civil Works Projects
Page 9 of 9
Failure of the concerned DPWH personnel to implement the provisions of this Order shall, after due
process, make them liable to the penalties prescribed for violation of reasonable office rules and
regulations in Rule 10, Schedule of Penalties of the Revised Rules on Administrative Cases in the
Civil Services dated December 2011.
This Order supersedes D.O. No. 42 Series of 2020 and shall take effect immediately.
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Annex a
Investigation, Preparation,
Request shall be submitted dy the
Endorsement and Review/Approval by the
Contractor within 30 days after it
Recommendation by the UPMO Cluster
became aware Of the circumstance
Consuhant and Project Engineer
For example, in the following straight line diagram (Example-1), the designation for the work
suspension order due to obstruction should be WSO No. 2 even though it succeeded the
unworkable intermittent period due to rainy/unworkable days. In Examplel, WsO No. 2 (due to
obstruction) shall be approved by the District Engineer.
Example 1
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Raled E»lryFraquowiCTEto.idLJ,to
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WsO-NI.1
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Note: For illustration purposes, 1 month = 30 cd and the 10 is a District Engineering Office (DEO).
EXAMPLE 2
I c„".I I
-fl£J,.dLJeto
uso&
WRO
RED.
dbe tD
Fth. 1 M4, 31 to.I 1 Ito. 2 (20 ed)20cd
30ed soed 30cd
bbrunry M,rch Aprl, I thy Jurl® duly Arugust sgivt- I
T 30ed
t 30ed
unullyTIITbSuaFm.ho
|W¥mfroi2
I #rs#il VO No 1 wro NO. 2
VELi:oral I July 1
ReportmR)un-able=(20ed)
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EXAMPLE 3
CTE No. I may be Issued try the D.£` if I.W.S.0. No. 1(a} is
already approved by the RD
C'W.S.0.
NO. |la)
EIAMPL.E 4
Note: For request for crE due to rainy/unworkable days: since issuanee of wso and
WRO is nat necessary, the reckoning date for this case was the last day in the
covered period, as rchected on the Monthly lime Suspension Report.
(Receipt Of the letter Of the contractor)
For Example 4(8):
Note: For request for CTE due to rainy/unworkable days: since issuance of wso and
WRO is not necessary, the reckoning date for this case was the last day in the
covered period, as reflected on the Monthly Time Suspension Report.
For Example 4(C):
Note: For request for CTE due to rainy/unworkable days: since issuance of wso and
WRO is not necessary, the reckoning date for this case was the last day in the
covered period, as reflected on the Monthly nine Suspension Report.
For Example (D):
Note: For request for CTE due to rainy/unworkable days: s.ince issuance of WSO and
WRO is not necessary, the reckoning date for this case was the last day in the
covered period, as reflected on the Monthly nine Suspension Report.
For Example 4(E):
Condition 1 - although the request was made beyond the expiry date, this is an
exceptional case, since the problem that caused the issuance of W.S.O.
No. 1 was not yet resolved at the time of expiry, and was only resolved
on April 15, 2023, as per W.R.O. No. 1, hence, this condition is considered
complied.
Condition 2 - 25 c.d. after issuance Of W.R.O. No. 1 (complied)
Note: For request for CTE due to rainy/unworkable days: this .Is not applicable. Since
rainy/unworkable days occur intermittently, there is no way that MTSR will go
beyond expiry date. If the prtyect is nearing its expiry date, it should be cut short
(last day on the MTSR should be prior to or at the expiry date) in order to
accommodate condition nos. 1 and 2.
For Example 4(F):
Condition 1 - although the request was made beyond the expiry date, this is an
exceptional case, since the problem that caused the issuance of W.S.O.
No. 1 was not yet resolved at the time of expiry, and was only resolved
on April 15, 2023, as per W.R.O. No. 1, hence, this condition is considered
complied-
Note: For request for CTE due to rainy/unworkable days: this is nat applicable. Since
rainy/unworkable days occur intermittently, there is no way that MTSR will go
beyond expiry date. If the project is nearing its expiry date, it should be cut short
(last. day on the MTSR should be prior to or at the expiry date) in order to
accommodate condition nos. 1 and 2.