Time Extension Manual Final Copy - PPTX Revised 4132015

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SUSPENSION/RESUMPTION/

EXTENSION OF CONTRACT TIME


Suspension/Resumption/Extension of Contract Time
PRESENTATION OUTLINE
I. Introduction
A. DPWH Quality Policy
B. BOC Quality Policy
II. Definition of Terms
A. Time Suspension
B. Resumption Order
C. Time Extension
D. Time Adjustment
E. Liquidated Damages
III. Procedures for Evaluation
A. Analysis/Process Flow
B. Document Examination
C. Quantification
IV. References
A. Revised IRR of R.A 9184
B. Department Order No. 54, Series of 2011
C. Department Order No. 52, Series of 2012
D. Department Order No. 57, Series of 2012
E. Department Order No. 69, Series of 2013
F. Department Order No. 95, Series of 2013
G. Conditions of Contract
H. FDIC
I. Item 10 of the DPWH Standards Specifications 1988, Volume 1 – Prospective Bidders
Responsibility
Suspension/Resumption/Extension of Contract Time
PRESENTATION OUTLINE

V. Requirements /Checklist of documents per D.O. No. 52 Series of 2012


VII. Sample Problems
VIII. Levels of Authority
IX. Forms used in the issuance of Suspension/Resumption/Extension of Contract
Time
A. Suspension Order Form
B. Resume Order Form
C. Monthly Time Suspension Report
D. Monthly Weather Chart
E. Executive Summary
X. Additional References
XI. Sample Problems on Delayed Payments & Liquidated Damages
XII. Panel Discussion (Observations/Issues and Concerns)
INTRODUCTION
The DPWH Quality Policy
We, at DPWH, commit to provide quality, safe, and environment-
friendly public infrastructure facilities that will improve the life of
every Filipino.
We commit to comply with all requirements and continue to
strive for improving effectiveness and efficiency in serving the
public.
We endeavor to implement the RIGHT PROJECTS at the RIGHT
COST determined through transparent and competitive bidding;
with the RIGHT QUALITY, according to international standards;
delivered RIGHT ON TIME through close monitoring of project
implementation; and carried out by the RIGHT PEOPLE who are
competent and committed to uphold the values of
PROFESSIONALISM, EXCELLENCE, INTEGRITY, PUBLIC
SERVICE and TEAMWORK.
The Bureau of Construction Quality Policy
We at the Bureau of Construction in partnership with the business and
public sectors commit to provide technical services on construction
related works for infrastructure projects and facilities in accordance with
the Bureau of Construction’s functions which are in line with the DPWH
commitment to provide quality, safe and environment-friendly public
infrastructure facilities that will improve the life of every Filipino.

We also commit to strive for improving effectiveness and efficiency in


serving the public through RIGHT COST, RIGHT CONSTRUCTION
METHODOLOGY, DELIVERED RIGHT ON TIME, AND PROPER
MONITORING OF INFRASTRUCTURE PROJECT.

Further, we commit ourselves to continually work for customer’s


satisfaction and uphold the values of professionalism, excellence,
integrity, public service and teamwork.
DEFINITION OF TERMS
DEFINITION OF TERMS
In a government construction contract, variation in contract duration may be sorted
into three categories: the so called time suspension, time extension and time
adjustment. Each category is defined or described as follows:

Contract Time Suspension -It is the temporary work stoppage, wholly or partly by
written order for such period as may be deemed necessary, due to the particular
circumstances enumerated in the applicable clause of the General Conditions of
Contract, and such conditions as provided under Section 9 of R.A. 9184. (The
suspension of the running of the Contract time upon request by the Contractor or at
the instance of the Government due to valid causes)

Time Extension- It is the incorporation of additional contract time into the approved
construction schedule brought about by circumstances deemed worthy of
consideration, such as those provided in Section 10 of R.A. 9184
DEFINITION OF TERMS
Resumption Order– an order to continue work activity relative to a Contract Time
Suspension.

Liquidated Damages – is a payment or penalty when the contractor refuses or fails to


satisfactorily complete the work within the specified contract time, plus any time extension
duly granted and is hereby in default under the contract.
EVALATION PROCEDURES
EVALATION PROCEDURES
Brief Overview of the Evaluation Process:

1. Documents Examination- evaluation of documents should be in


accordance with the following:

a. Completeness of supporting documents as per Checklist provided in


D.O. 52, Series of 2012 and/or other necessary documents to serve as
proof in the requested suspension/extension of time.
b. The claim should be properly presented, justified and must comply to
applicable provisions of the contract, construction laws and rules and
relevant issuances of the department (R.A. 9184, FIDIC, D.O. 54, series
2012, D.O. 52, Series 2012, D.O. 57 Series 2012, D.O. 69 Series 2013
and D.O. 95 Series 2013)
c. Authenticity of all supporting documents to include acquired
documents from other offices such as letter of conformity of
contractor’s bondsman, PNP certifications with confirmation by the
DILG, etc.
EVALATION PROCEDURES

2. Quantification- The quantification of the proposed


contract time suspension/extension is a combination of
mathematical and graphical analysis.
REFERENCES
A. Revised IRR of R.A 9184
B. Department Order No. 54, Series of 2011
C. Department Order No. 52, Series of 2012
D. Department Order No. 57, Series of 2012
E. Department Order No. 69, Series of 2013
F. Department Order No. 95, Series of 2013
G. FIDIC Conditions of Contract
H. Conditions of Contract
I. Item 10 of the DPWH Standards Specifications 1988,
Volume 1 – Prospective Bidders Responsibility
SECTIONS OF IRR OF RA 9184 – REVISED IMPLEMENTING RULES
AND REGULATIONS ANNEX E

 SECTION 9 – SUSPENSION OF WORK

9.1 The procuring entity shall have the authority to suspend


the work wholly or partly by written order for such period
as may be deemed necessary, due to force majeure or
any fortuitous events or for failure on the part of the
contractor to correct bad conditions which are unsafe
for workers or for the general public, to carry out
valid orders given by the procuring entity or to
perform any provisions of the contract, or due to
adjustment of plans to suit field conditions as found
necessary during construction. The contractor shall
immediately comply with such order to suspend the work
wholly or partly.
SECTIONS OF IRR OF RA 9184 – REVISED IMPLEMENTING RULES
AND REGULATIONS ANNEX E

9.2 The contractor or its duly authorized representative shall have


the right to suspend work operation on any or all
projects/activities along the critical path of activities after
fifteen (15) calendar days from date of receipt of written
notice from the contractor to the district engineer/regional
director/consultant or equivalent official, as the case may
be, due to the following:

a. There exist right-of-way problems which prohibit the


contractor from performing work in accordance with the
approved construction schedule.
b. Requisite construction plans which must be owner-
furnished are nor issued to the contractor precluding any
work called for by such plan.
SECTIONS OF IRR OF RA 9184 – REVISED IMPLEMENTING RULES
AND REGULATIONS ANNEX E

c. Peace and order conditions make it extremely


dangerous, if not possible, to work. However, this
condition must be certified in writing by the
Philippine National Police (PNP) station which has
responsibility over the affected area and confirmed by
the Department of Interior and Local Government
(DILG) Regional Director.

d. There is failure on the part of the procuring entity to


deliver government-furnished materials and
equipment as stipulated in the contract.
SECTIONS OF IRR OF RA 9184 – REVISED IMPLEMENTING RULES
AND REGULATIONS ANNEX E

e. Delay in the payment of contractor’s claim for progress


billing beyond forty-five (45) calendar days from the time
the contractor’s claim has been certified to by the
procuring entity’s authorized representative that the
documents are complete unless there are justifiable reasons
thereof which shall be communicated in writing to the
contractor.

9.3. In case of total suspension, or suspension of activities along the


critical path, which is not due to any fault of the contractor, the
elapsed time between the effective order of suspending
operation and the order to resume work shall be allowed
the contractor by adjusting the contract time accordingly.
SECTIONS OF IRR OF RA 9184 – REVISED IMPLEMENTING RULES
AND REGULATIONS ANNEX E
 SECTION 10 – EXTENSION OF CONTRACT TIME

10.1 Should the amount of additional work of any kind or other


special circumstances of any kind whatsoever occur such as to
fairly entitle the contractor to an extension of contract time,
the procuring entity shall determine the amount of such
extension;

Provided that the procuring entity is not bound to take into


account any claim for an extension of time unless the
contractor has, prior to the expiration of the contract time and
within thirty (30) calendar days after such work has been
commenced or after the circumstances leading to such claim
have arisen, delivered to the procuring entity notices in order
that it could have investigated them at that time.
SECTIONS OF IRR OF RA 9184 – REVISED IMPLEMENTING RULES
AND REGULATIONS ANNEX E

Failure to provide such notice shall constitute a waiver by the


contractor of any claim. Upon receipt of full and detailed
particulars, the procuring entity shall examine the facts and extent
of the delay and shall extend the contract time completing the
contract work when, in the procuring entity’s opinion, the findings
of facts justify an extension.
SECTIONS OF IRR OF RA 9184 – REVISED IMPLEMENTING RULES
AND REGULATIONS ANNEX E

10.2 No extension of contract time shall be granted the


contractor due to (a) ordinary unfavorable weather
conditions and (b) inexcusable failure or negligence of
contractor to provide the required equipment, supplies or
materials.

10.3 Extension of contract time may be granted only when the


affected activities fall within the critical path of the
PERT/CPM network.

10.4 No extension of contract time shall be granted when the reason


given to support the request for extension was already
considered in the determination of the original contract time
during the conduct of detailed engineering and in the
preparation of the contract documents as agreed upon by the
parties before contract perfection.
SECTIONS OF IRR OF RA 9184 – REVISED IMPLEMENTING RULES
AND REGULATIONS ANNEX E

10.5 Extension of contract time shall be granted for rainy/unworkable


days considered unfavorable for the prosecution of the works at the
site, based on the actual conditions obtained at the site, in excess of
the number of rainy/unworkable days pre-determined by the
government in relation to the original contract time during the
conduct of detailed engineering and in the preparation of the
contract documents as agreed upon by the parties before contract
perfection, and/or for equivalent period of delay due to major calamities
such as exceptionally destructive typhoons, floods and earthquakes, and
epidemics, and for causes such as non-delivery on time of materials,
working drawings, or written information to be furnished by the procuring
entity, non-acquisition of permit to enter private properties within the
right-of-way resulting in complete paralyzation of construction activities,
and other meritorious causes as determined by the Government’s
authorized Engineer and approved by the procuring entity.
SECTIONS OF IRR OF RA 9184 – REVISED
IMPLEMENTING RULES AND REGULATIONS ANNEX E

Shortage of construction materials, general labor strikes, and peace and


order problems that disrupt construction operations though no fault of the
contractor may be considered as additional grounds for extension of
contract time provided they are publicly felt and certified by appropriate
government agencies such as DTI, DOLE, DILG, and DND, among others.

The written consent of bondsmen must be attached to any request of the


contractor for extension of contract time and submitted to the procuring
entity for consideration and the validity of the performance security shall
be correspondingly extended. (Annex “D”)
Department Order No. 52 series of 2012
In line with the Department’s thrust to fast track the completion of projects
and to be transparent in its operations, all offices involved in the processing
of documents in the procurement and implementation of local and foreign-
assisted civil works projects undertaken by Project Management Offices
(PMOs), Bureaus and Regional Offices shall utilize the Document Tracking
System (DoTS). The following civil works documents are covered by the
system:

1. As-Built Plans
2. Detailed Engineering Design Plans (Preliminary Plans/Final Plans)
3. As-Staked/Revised Plans
4. Specifications
5. Programs of Work (POW)
6. Approved Budget of Contract (ABC)
7. Resolution of Award
8. Special Allotment Release Order (SARO)
9. Contract
10. Pre-Clearance for Variation Order/Negotiated Procurement/Supplemental
Agreement
Department Order No. 52 series of 2012
11. Change Order/Extra Work Order
12. Final Variation Order
13. Negotiated Contract
14.Contract Time Extension/Suspension
15. PERT/CPM
16. Memorandum of Agreement (MOA)/Memorandum of Understanding (MOU)
17. Performance Bond/Surety Bond/Letter of Credit/Bank Guarantee/CARl/Credit
Line Certificate
18. IROW Payment
19. IROW Payment with RAP
20. Advance Payment
21. First Progress Payment
22. Interim Progress Payment
23. Final Progress Payment
24. Release of Retention
25. Price Escalation Payment
Department Order No. 52 series of 2012
Processing cycle starts in the preparation of these documents until the
signing of the approving official.

All documents covered shall be registered in the DoTS. Consequently,


all requesting offices shall submit their DoTS documents to the concerned DoTS
Center which shall register the document into the DoTS and forward the same to
the concerned processing office. All contractors/consultants/ROs/PMOs are
advised to inform their respective Liaison Officers of this submission procedure
and documents without the DoTS header will be returned to the requesting
office without action. In the flow of documents from one
implementing/processing office to another, the one sending the document is
responsible in ensuring that the said document is received by the concerned
receiving office.

The processing of documents within the Central Office shall be


undertaken by the concerned. offices in accordance with the activity and
prescribed time contained in Annex A and with the implementing guidelines
contained in Annex B.
Department Order No. 52 series of 2012
Regional documents to be processed within the Central Office shall be undertaken
by the concerned offices in accordance with the activity and prescribed time contained in
Annex C and with the implementing guidelines contained in Annex D.

Regional Directors shall create a Regional DoTS Center wherein regional


transactions will be registered. Regional Offices shall observe the prescribed time contained
in Annex E and the implementing procedures contained in Annex F. The Regional DoTS
Center is responsible for returning incomplete documents to the contractors.

The checklist of required supporting documents and attachments for the DoTS is
contained in Annex G.

The Memorandum dated 19 January 2004 which provides for "Additional


Guidelines on the Imposition of Administrative Sanctions on Erring DPWH Officials and
Employees Involved in Project Implementation and Processing of Project Documents"
(Annex H) shall be strictly observed in the implementation of the DoTS.

The DoTS Evaluation Committee created under Special Order No. 70, Series of
2007, is hereby authorized to make necessary changes in the annexes hereof in coordination
with the implementing offices.

This Order supersedes Department Order No. 67 Series of 2011 and takes effect
immediately.
DPWH Standards Specifications 1988, Volume 1
– Prospective Bidders Responsibility
Item 10 – It shall be the sole responsibility of the prospective Bidder to
determine and to satisfy himself by such means as he considers
necessary or desirable as to all matters pertaining to the project,
including the location and the nature of work; climatic conditions;
geological conditions at the site; transportation and
communication facilities; the requirement and the availability of
materials, labor, water, electric power and roads; the location and
extent of aggregate sources; and other factors that may affect the
cost, duration and execution of work. The prospective Bidder by
the act of submitting his Bid acknowledges that he has inspected
the site and determined the general characteristics of the project
and the conditions stated above.

The Government shall not assume any responsibility regarding


erroneous interpretations or conclusions by the prospective Bidder
out of the data furnished by the Government.
CHECKLIST OF REQUIREMENTS AS PER
D.O. NO.52, SERIES OF 2012
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES
OF 2012
1. General Requirements-the Implementing Office must submit the following necessary
documents duly signed by the proper authorities concerned in support of the request for
contract time extension/suspension based from D.O. No. 52, series of 2012-
Implementation of the Document Tracking System (DoTS) for Civil Works Projects:

Executive Summary It should contain the summarized


information on the subject document, such
Address to the Approving as : Type of request, project name and
Official location, action recommended contractor,
implementing office, reviewing office,
reasons for time suspension/ extension
contractual data, project status and
remarks..
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES
OF 2012
1. General Requirements-the Implementing Office must submit the following necessary
documents duly signed by the proper authorities concerned in support of the request for
contract time extension/suspension based from D.O. No. 52, series of 2012-
Implementation of the Document Tracking System (DoTS) for Civil Works Projects:

Endorsement of the It should contain the recommendation for the


Implementing Office request for contract time extension and the
reason why its approval is necessary for the
project.
Letter of the Contractor It should cite the reason, justification and basis
of the request.
It should provide the computation and
breakdown of the total number of calendar days
of time extension/suspension being requested.
Project Engineer’s Report It should contain the history of the things that
happened that lead to the request for contract
time extension by the contractor.
It should also contain the Project Engineer’s
evaluation and recommendation of the request.
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES OF 2012

Initial evaluation of the It should contain their findings, comments and


Consultants recommendation based on the evaluation of the
subject request for contact time extension of
the contractor.
It should contain their computation of the
proposed time extension/suspension.
It should indicate the respective periods
covered and specific dates of occurrence of the
issued suspension/resume orders.
Contractual Data It should include the latest Physical Status of the
project.
It is included as information in the Executive
Summary to be submitted for approval of the
Secretary.
Suspension and Resume It should include those previously issued and
Orders that of the Suspension and Resume Order
corresponding to the requested contract time
extension.
It should be duly approved by the appropriate
official.
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES OF 2012
Straight Line Diagram It graphically shows the date of occurrence of specific
dates such as the date of contract affectivity,
expiration date and other vital data of the project
such as approved variation orders, approved time
suspensions/extensions, if there’s any.
It also shows the date of the suspension/resume
orders or affected time period subject of the request
for contract time extension.
Variation Order and Time This will give information as to what previous contract
Suspension/Extension, if there’s modifications have been incorporated into the
any original contract.
It should be duly approved by the appropriate official.
This will support the information as reflected in the
Straight Line Diagram to be likewise submitted.
Summary of Previously Approved It should contain the corresponding periods covered
Time Extension(s), if any and dates of occurrence.
It should be duly signed by the appropriate official.
Variation Order and Time This will give information as to what previous contract
Suspension/Extension, if there’s modifications have been incorporated into the
any original contract.
It should be duly approved by the appropriate official.
This will support the information as reflected in the
Straight Line Diagram to be likewise submitted.
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES OF 2012

Summary of Previously Approved It should contain the corresponding periods covered


Time Extension(s), if any and dates of occurrence.
It should be duly signed by the appropriate official.
Original Contract and Notice to This will give information as to what guidelines shall
Commence be used as references in the administration of the
contract.
This will like validate the given information as to the
original contract cost and duration.
This will also validate the date given for the effectivity
of the contract.
Construction Schedule It should be the latest approved PERT/CPM Diagram,
Bar chart, S-Curve and Cash Flow Schedule.
This will give information to validate what activities
were affected during the period of delay and if such
activities are in the critical path.
Sworn Contractor’s Quit Claim It may be in the form of an affidavit or a sworn
(Annex “E”) statement to be executed by the contractor pertinent
to the request for contract time extension.
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES OF 2012

Attached sample Bond It should contain the written consent of the


Conformity of the Bondsman bondsmen to the extension of contract time.
It will in effect, extend the validity of the
performance security.
Project Logbook Official entry in the Project Logbook will
validate the given information to support the
request for contract time extension. Only a
certified true copy of the pages corresponding
to the inclusive dates of the affected period of
delay is required to be submitted.
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES OF 2012

2. Additional Documentary Requirements for Specific Conditions- The


Contractor / Implementing Office / Consultant must submit the following
necessary documents duly signed by the proper authorities concerned in
support for the request for contract time extension/suspension:
a. Due to rainy/unworkable days considered unfavorable for the
prosecution of the work at the site

Certification from PAGASA It should include Monthly Weather Report showing


the daily mm. of rainfall that occurred based on
observation. (Annex “F”)
It should be issued by the nearest observation station.
It should be duly signed by the appropriate official.
Pictures/Photographs It should show that the site is unworkable.
It should be sufficient to cover the affected stretch of
the project. It is suggested to be presented pasted in
coupon bonds with captions and with corresponding
location and station limits.
Project Weather Chart It should be in the DPWH standard format.
The weather observation must be taken at least every
three hours.
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES OF 2012

Monthly Suspension Report It should contain the daily activities and status
of site workability.
It should be duly signed by the appropriate
official.
Breakdown of Pre- It should be as provided in the approved
determined original contract.
rainy/unworkable days A certified true copy of the pages of contract
document containing such information may
be submitted to support such information
(COPA, Proposal Book or Appendix to Bid).
Certification from the It should indicate the balance of pre-
Implementing Office/ determined rainy/unworkable days.
Consultant It certifies that the pre-determined
rainy/unworkable days, as provided in the
contract, has yet to be utilized or has already
been exhausted, based on previously
approved time suspension(s)/extension(s)
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES OF 2012
b. Due to Road Right-of-Way Problem
Pictures/Photographs It should show the part of the project site with RROW problem. It
must be clear taken pictures and must be sufficient to cover all of
the affected part.
It is suggested to be presented pasted in coupon bonds with
captions and with corresponding location and station limits.
Payment vouchers for It should be certified as true copy of the original payment
RROW acquisition vouchers for RROW acquisition.
It should be duly countersigned by the appropriate official.
Permit to Enter It should be certified as true copy of the original Permit to Enter. It
must be duly signed with conformity of the affected stakeholders.

The date should be within the date of the issuance of the resume
order/affected dates.
Parcellary Plans It should be a certified as true copy of the original Parcellary Plan
showing the affected location.

It should show the names of the affected stakeholders


corresponding to the names in the Permit to Enter.
It should be duly signed by the appropriate official.
Straight-line Diagram It should show the affected lots and improvements viz a viz, the
affected works.
It should be color-coded to easily distinguish the affected portion.
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES OF 2012

c. Due to Peace and Order Condition

Certification from PNP Certification should be from the concerned


police station or provincial office duly signed by
the commanding officer. Certification should be
confirmed by the local DILG office.
It must contain the inclusive affected periods.

d. Due to Delay in Payment of Contractor’s Claim for Progress Billings

Written notice from It is addressed to the Implementing Office or Consultants.


the contractor It should contain the intention of the Contractor to suspend the
work due to the delay in the payment of the progress billings.
Contractor’s Order to It is an order to their employees to stop the work.
suspend Work The Implementing Office/Consultants is copy furnished of such
notice.
Monthly Progress It is prepared and submitted by the Contractor every month in
Report accordance with the contract.
The specific report on the month corresponding to the affected
period is the ones to be submitted.
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES OF 2012
d. Due to Delay in Payment of Contractor’s Claim for Progress Billings
Certificate from the Its date of issue is the reckoning basis of the reglamentary period.
Implementing Office It certifies that the documents for the progress billings submitted
is complete and approve for payment.
Payment Vouchers and A certified true copy of the original must be submitted.
Progress Billings The dates appearing are used as basis in the validation of the
request for contract time extension.
Certification from the Certification from the bank that payments from the Progress
Accounting Division or Billings were received.
Certification from the It should be duly countersigned by the appropriate official.
Bank
Computation of It should contain the computation of the recommended time
Allowable Time extension by the Implementing Office/Consultants.
Extension It should consider the contract documents in the computation
including the designated reglamentary period.
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES OF 2012

e. Due to Inaccessibility of Project


Pictures/Photographs It should show that the project site is inaccessible.
It should be clear taken pictures and must be sufficient to cover all
of the affected parts.
It is suggested to be presented pasted in coupon bonds with
captions and with corresponding location and station limits.
Location Plan It should show the Project site as a whole and its inaccessibility to
the existing road network.
It should be clear and easy to understand.
It should be duly signed by the appropriate official.
f. Due to Obstruction
Pictures/Photographs It should show the obstructive utility before, during and after its
removal.
It should be clear taken pictures and must be sufficient to cover all
of the affected parts.
It is suggested to be presented pasted in coupon bonds with
captions and with corresponding location and station limits.
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES OF 2012
f. Due to Obstruction
Straight Line Diagram It should show the location of the obstructive utility in relation to
the project.
Color coding is suggested for easy understanding.
It should be duly countersigned by the appropriate official.
Permits issued, Any official documents derived pertinent to the coordination
communication letters, undertaken with the concerned utility office may help in the
minutes of meeting and validation of the request for contract time extension.
other documentary A certified true copy of the original may be submitted.
support
g. Due to Failure of the Government to provide necessary
Construction Plans/Drawings
Communication Any official documents derived pertinent to the
letters, Minutes of coordination undertaken relative to the occurrence of the
the Meetings and delay may help in the validation of the request for contract
other documentary time extension.
support A certified true copy of the original may be submitted
Straight Line It should show the location of the works in the project
Diagram affected by the absence of the Construction
Plans/Drawings.
Color coding is suggested for easy understanding.
It should be duly countersigned by the appropriate official
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES OF 2012
h. Due to non-availability of Construction Materials

Certification from DTI It should be issued by the local DTI Office that the required
materials are not available in the market.
A certified true copy of the original may be submitted.
Straight Line It should show the affected part of the work in view of the
Diagram unavailability of construction materials.
Color coding is suggested for easy understanding.
It should be duly countersigned by the appropriate official.

i. Due to effect of Force Majeure


a. Certification from Implementing Office that force Majeure have occurred.
b. Photos showing effect of force majeure on the project
c. Narrative account of force majeure with complete attachment
CHECKLIST OF REQUIREMENTS AS PER D.O. NO.52, SERIES OF 2012
F. Procedural Flow – the following is the procedural flow of documents for the
processing of Contract Time Extension / Suspension in the DPWH Central Office
based from D.O. No. 52, series of 2012 – Implementation of the Document Tracking
System (DoTs) for Civil Works Projects:

Prescribed Time
Activity Office

Prepare, review and endorse Construction Division 7


Recommend approval Assistant Regional Director 1
Approved Regional Director 1
Total 9
LEVELS OF AUTHORITY TO ISSUE/
APPROVED S.O./R.O./T.E. FOR THE
PROJECT
Levels of Authority to Issue/Approved
S.O./R.O./T.E. for the Project
• D.O. No. 54, dated October 20, 2011-the level of approval of DPWH
authority to approved time suspension/ resumption/extension for locally
funded projects

District Regional Assistant Undersecretary Secretary


Office Office Secretary for Operations
for Operations

Up to 15 c.d. Up to 30 Above 30 Above 60 Above 90


c.d. up to 60 c.d. up to 90 c.d. c.d.
Levels of Authority to Issue/Approved
S.O./R.O./T.E. for the Project
• D.O. No. 57, dated August 14, 2012 -Amendment to D.O. 54 s. 2011
:Revised limit of responsibilities of concerned DPWH Offices and Officials in
the Approval of Time Suspension/Resumption of Locally-Funded Civil Works
Projects.

Approval of Contract Time Suspension/Resumption Order

District Regional Assistant Undersecretary Secretary


Office Office Secretary for Operations
for Operations
Up to 30 c.d. Above 30 Above 60 Above 90 Above 120
U to 60 c.d. U to 90 c.d. U to 120 c.d. c.d.
Levels of Authority to Issue/Approved
S.O./R.O./T.E. for the Project
• D.O. No. 69, dated July 23, 2013 -Amendment to D.O. 57 s. 2012 on the
Approval of Time Suspension/Resumption and Time Extension.

Approval of Time Suspension/Resumption and Time Extension

District Regional Assistant Undersecretary Secretary


Office Office Secretary for Operations
for Operations
Up to 30 c.d. Above 30 Above 60 Above 90 Above 120
U to 60 c.d. U to 90 c.d. U to 120 c.d. c.d.
Levels of Authority to Issue/Approved
S.O./R.O./T.E. for the Project
 D.O. No. 95 series of 2013- Reissuance of D.O. No. 9, S. 2011 Re: Conduct of
Pre-Procurement, Procurement and Implementation Activities for DPWH
Foreign-Assisted Civil Works Projects.

UPMO CENTRAL OFFICE


Recommendation Time Extension and Review/Recommendation of Time
Time Suspension/Resumption Extension, Time Suspension/Resumption
(BOD/BOC)
Approve Time Extension and Time
Suspension/ Resumption up to 6
months, aggregated (Undersecretary
for UPMO Operations)
Approve Time Extension and Time
Suspension/ Resumption of more
than 6 months, aggregated
(Secretary)
STANDARD FORMS USED IN THE ISSUANCE OF TIME
SUSPENSION/EXTENSION AND RESUME ORDER
SUSPENSION ORDER NO. ___
(S.O./R.O. up to 30 c.d.)

Name of Project : _________________________________________________


Location : _________________________________________________
Date : _________________________________________________

TO :

(Name and Address of Contractor)


____________________________
____________________________
____________________________
____________________________

You are hereby directed to suspend construction operations effective


(date) due to (state the reason of the cause of work suspension).

Contract Time including extension --------------- ____ calendar days


Original Contract Time --------------- ____ calendar days
Contract Time extension granted --------------- ____ calendar days
T.E. (V.O.) -------- ____ c.d.
T.E. (S.O. 1) -------- ____ c.d.
T.E. (S.O. 2) -------- ____ c.d.
Days used to date --------------- ____ calendar days
Days remaining --------------- ____ calendar days

Please acknowledge receipt of this order by dating, signing and


returning the three (3) of the attached copies. The fourth copy is for your
file.

__________________
Project Engineer
RECOMMENDING APPROVAL: APPROVED:

_______________________________ _______________________________
Assistant District Engineer District Engineer

I hereby acknowledge receipt of the above notice.

DATE: _________________________
________________________
(Contractor)
By:
________________________
Authorized Representative
SUSPENSION ORDER NO. ___
(S.O./R.O. above 30 up to 60 c.d.)

Name of Project : _________________________________________________


Location : _________________________________________________
Date : _________________________________________________

TO :

(Name and Address of Contractor)


____________________________
____________________________
____________________________

You are hereby directed to suspend construction operations effective


(date) due to (state the reason of the cause of work suspension).

Contract Time including extension --------------- ____ calendar days


Original Contract Time --------------- ____ calendar days
Contract Time extension granted --------------- ____ calendar days
T.E. (V.O.) -------- ____ c.d.
T.E. (S.O. 1) -------- ____ c.d.
T.E. (S.O. 2) -------- ____ c.d.
Days used to date --------------- ____ calendar days
Days remaining --------------- ____ calendar days

Please acknowledge receipt of this order by dating, signing and


returning the three (3) of the attached copies. The fourth copy is for your
file.

__________________
Project Engineer
RECOMMENDING APPROVAL: APPROVED:

_______________________________ _______________________________
District Engineer Regional Director

I hereby acknowledge receipt of the above notice.

DATE: _________________________
________________________
(Contractor)
By:
________________________
SUSPENSION ORDER NO. ___
(S.O./R.O. above 60 up to 90 c.d.)

Name of Project : _________________________________________________


Location : _________________________________________________
Date : _________________________________________________

TO :

(Name and Address of Contractor)


____________________________
____________________________
____________________________

You are hereby directed to suspend construction operations effective


(date) due to (state the reason of the cause of work suspension).

Contract Time including extension --------------- ____ calendar days


Original Contract Time --------------- ____ calendar days
Contract Time extension granted --------------- ____ calendar days
T.E. (V.O.) -------- ____ c.d.
T.E. (S.O. 1) -------- ____ c.d.
T.E. (S.O. 2) -------- ____ c.d.
Days used to date --------------- ____ calendar days
Days remaining --------------- ____ calendar days

Please acknowledge receipt of this order by dating, signing and


returning the three (3) of the attached copies. The fourth copy is for your
file.

__________________
Project Engineer
RECOMMENDING APPROVAL:

______________________________
District Engineer (If D.E.O. project)

APPROVED:

_______________________________ _______________________________
Regional Director Assistant Secretary for Operations

I hereby acknowledge receipt of the above notice.

DATE: _________________________
________________________
(Contractor)
By:
________________________
Authorized Representative
SUSPENSION ORDER NO. ___
(S.O./R.O. above 90 up to 120 c.d.)

Name of Project : _________________________________________________


Location : _________________________________________________
Date : _________________________________________________

TO :

(Name and Address of Contractor)


____________________________
____________________________
____________________________

You are hereby directed to suspend construction operations effective


(date) due to (state the reason of the cause of work suspension).

Contract Time including extension --------------- ____ calendar days


Original Contract Time --------------- ____ calendar days
Contract Time extension granted --------------- ____ calendar days
T.E. (V.O.) -------- ____ c.d.
T.E. (S.O. 1) -------- ____ c.d.
T.E. (S.O. 2) -------- ____ c.d.
Days used to date --------------- ____ calendar days
Days remaining --------------- ____ calendar days

Please acknowledge receipt of this order by dating, signing and


returning the three (3) of the attached copies. The fourth copy is for your
file.

__________________
Project Engineer
RECOMMENDING APPROVAL:

______________________________
District Engineer (If D.E.O. project)

APPROVED:

_____________________________ _______________________________
Regional Director Undersecretary for Operations

I hereby acknowledge receipt of the above notice.

DATE: _________________________
________________________
(Contractor)
By:
________________________
Authorized Representative
SUSPENSION ORDER NO. ___
(S.O./R.O. above 120 c.d.)

Name of Project : _________________________________________________


Location : _________________________________________________
Date : _________________________________________________

TO :

(Name and Address of Contractor)


____________________________
____________________________
____________________________

You are hereby directed to suspend construction operations effective


(date) due to (state the reason of the cause of work suspension).

Contract Time including extension --------------- ____ calendar days


Original Contract Time --------------- ____ calendar days
Contract Time extension granted --------------- ____ calendar days
T.E. (V.O.) -------- ____ c.d.
T.E. (S.O. 1) -------- ____ c.d.
T.E. (S.O. 2) -------- ____ c.d.
Days used to date --------------- ____ calendar days
Days remaining --------------- ____ calendar days

Please acknowledge receipt of this order by dating, signing and


returning the three (3) of the attached copies. The fourth copy is for your
file.

__________________
Project Engineer
RECOMMENDING APPROVAL:

______________________________
District Engineer (If D.E.O. project)
APPROVED:

____________________ ___________________ ___________________


Regional Director Undersecretary Secretary
for Operations

I hereby acknowledge receipt of the above notice.

DATE: _______________________
________________________
(Contractor)
By:
________________________
Authorized Representative
SUSPENSION ORDER
SUSPENSION ORDER NO. ___
(S.O./R.O. above 90 up to 120 c.d.)

Name of Project : _______________________________________________


Location : _______________________________________________
Date : _______________________________________________

TO :

(Name and Address of Contractor)


________________________
________________________
________________________
________________________

You are hereby directed to suspend construction operations effective


(date) due to (state the reason of the cause of work suspension).

Please acknowledge receipt of this order by dating, signing and


returning the three (3) of the attached copies. The fourth copy is for your
file.

__________________
Project Engineer
NOTED:

__________________
District Engineer

RECOMMENDING APPROVAL: APPROVED:

____________________________ ______________________________
Regional Director Undersecretary for Operations

I hereby acknowledge receipt of the above notice.

DATE: _________________________

_______________________
(Contractor)
By:
________________________
Authorized Representative
MONTHLY TIME SUSPENSION REPORT MONTHLY TIME SUSPENSION REPORT
for the month of _____________

Name/Location of Project:
Name of Contractor:
TIME
DATE WEATHER REMARKS SUSPENSION
RECOMMENDED
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
TOTAL SUSPENSION OF TIME RECOMMENDED THIS MONTH
TOTAL SUSPENSION OF TIME RECOMMENDED PREVIOUSLY
GRAND TOTAL TO DATE
TOTAL PREDETERMINED UNWORKABLE RAINY DAYS
TOTAL NUMBER OF UNWORKABLE RAINY DAYS CONSIDERED FOR TIME EXTENSION
ORIGINAL CONTRACT TIME (Calendar Days)
DATE OF EFFECTIVITY OF CONTRACT
ORIGINAL EXPIRY DATE
REVISED EXPIRY DATE due to approved Variation Orders
REVISED EXPIRY DATE due to previously approved Time Extensions
REVISED EXPIRY DATE DUE TO THIS SUSPENSION/ EXTENSION
PERCENT TIME ELAPSED

Prepared by: Checked by: Concurred by:

Resident Engineer Project Engineer Project Manager


(DPWH) (DPWH) (Contractor)

Submitted by: RECOMMENDING APPROVAL:

Head, Const. Sect./ Div./ADE/DE ADE/DE/ARD/RD/APD

Note: This document is part of the APPROVED:


supporting documents for approval
of Time Extension as agreed
DE/RD/PD
during the DPWH Engineers
Construction Meeting.
Reference No. _____________
Date: ____________________

EXECUTIVE SUMMARY
(CONTRACT TIME EXTENSION/SUSPENSION)

FOR : Hon. Rogelio L. Singson


Secretary

THRU : U/Sec. Rafael C. Yabut, for Operations


: U/Sec. Raul C. Asis, for Technical Services

x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-
x-x-

1. Subject: Request for Contract Time Extension/Suspension for (Project/Location)


________________________________________________________________________

______________________________________________________________________________
2. Action Recommended: ___________________________________________________________
3. Implementing Office : ____________________________________________________________
______________________________________________________________________________
4. Reviewing Offices: _______________________________________________________________
______________________________________________________________________________
5. Reasons for Time Suspension/Extension :__________________________________________
______________________________________________________________________________
______________________________________________________________________________
6. Contractor : ____________________________________________________________________
7. Contractual Data:
:________________________________________________________________
8. Effect of Cost: __________________________________________________________________
9. Physical Status : _________________________________________________________________
10. Remarks : ______________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

WALTER R. OCAMPO
Director IV
Bureau of Construction
Monthly weather chart
EXECUTIVE SUMMARY
Additional References
MINUTES OF Construction Engineers’ Meeting held at Puerto
Princesa City, Palawan March 20, 2014
IV. Construction Engineers’ Meeting held at Puerto Princesa City, Palawan
March 20, 2014

IV.A.a Time of Submission for approval


There is Suspension Order which are already beyond the limit of the implementing
offices submitted for approval to the Central Office very late, in some cases after six
months of the effectivity of suspension order.

A Suspension Order should be issued on/or before its effectivity date and should be
forwarded for approval to the DPWH authorized approving official within one (1) week
from its issuance.

If a Suspension Order issued by the implementing office reach already the limit of their
authority and still cannot be resumed which requires further suspension, a request for
continuous suspension shall be made within one (1) week for approval of the succeeding
authorized DPWH officials in accordance with D.O. No. 59, Series of 0213.

IV.A.b Format and Signatory


Some Suspension Order/Resume Order not in proper format and signatory, it should be
issued by the Project Engineer, recommended and approved by the DPWH Authorized
Officials in accordance with D.O. No. 69, Series of 2013. Forms should conform to the
proposed Standard Form for Suspension Order/Resume Order that was agreed during
previous Construction Engineers Meeting.
MINUTES OF Construction Engineers’ Meeting held at Puerto
Princesa City, Palawan March 20, 2014
IV.A.d Predetermined Unworkable Days
In the request for contract time extension particularly for reasons due to rainy days,
the implementing office shall provide information as to the inclusion/non-inclusion of
predetermined unworkable rainy days in the establishment of the project contract
duration, for reference/consideration in the evaluation of the appropriate number of
days that can be granted.

Granting of additional time extension due to rainy/unworkable days over and above
the original estimated time shall be processed for approval only after the total
number of predetermined rainy/unworkable days has been fully utilized.

IV.A.e Issuance of Suspension/Resume Order due to Rainy Days


It was observed that issuance of suspension orders/resume orders for approval at
the Central Office due to intermittent rainy days are found voluminous which is not
practical.
As agreed during the previous Construction Engineers Meeting, for simplification and
practicality a Monthly Time Suspension Report duly approved by the Head,
Implementing Office concern is already acceptable in lieu of suspension/resumption
order to support the request for corresponding contract time extension for approval
to the authorized DPWH officials, provided all the other required supporting
documents per D.O. No. 52, Series of 2012 is complied.
SAMPLE 1

contractor: bct trading & construction


(Bad weather)
PROJECT PROFILE ORIGINAL
Contractual data
Original Contract Amount P 98,938,207.93
Revised Contract Amount due to V.O.
P 108,779,204.85
No. 1
Original Contract Duration 142 C. D.
Original Effectivity of Contract August 15, 2013
Original Contract Expiry Date January 3, 2014
Revised Contract Duration due to 60 C.D.
Approved V.O. No. 1
Revised Expiry Date due to Approved March 4, 2014
V. O. No. 1
Approved Time Extension No. 1 60 C.D.
Revised Expiry Date due to T. E. No. 1 May 3, 2014
This Proposed T.E. No. 2 230 C. D.
As Requested by the I.O.
Revised contract expiry, if approved December 19, 2014
STRAIGHT LINE DIAGRAM
REVISED REVISED EXPIRY
EXPIRY DUE DUE TO approved
REVISED EXPIRY
ORIGINAL EXPIRY TO V.O. NO. 1 T.E. NO. 1 MAY 3,
NTP DUE TO T.E. NO. 2
JAN 3, 2014 MARCH 4, 2014 2014
AUG 15, 2013 DEC, 2014

90 CALENDAR DAYS 60 C.D. 60 C.D. 230 C.D.

SEPT 4, 2013 –
OCT 25, 2013
S.O./RO NO. 1
FEB 1- 14, 2014 APRIL 7- 20, MAY 12-26, 2014 JUNE 1-SEPT
NOV 5, 2013 – S.O./R.O. NO. 2014 S.O./R.O. S.O./R.O. NO. 30, 2014 S.O.
NOV 13, 2013 5 NO. 7 8 NO. 9
S.O./RO NO. 2
NOV 15, 2013 – JAN 17-23, 2014 MAR 10-24,
JAN 3, 2014 S.O./R.O. NO. 2014 S.O./R.O.
S.O./RO NO. 3 4 NO. 6
APPROVED T.E. NO. 1

51 + 9 = 52 + 7 + 14 + 15 + 14 + 15 + 113 = 230
60
SUSPENDED

S.O. 1- 9 DUE TO BAD WEATHER RESUME


analysis
EXECUTIVE SUMMARY

The contractor, BCT TRADING & CONSTRUCTION, in his letters dated May
12, 2014, May 27, 2014, June 10, 2014 and October 1, 2014 requested for
approval of Suspension Order Nos. 8 & 9/ Resume Order No. 8 & 9 and
Time Extension No. 2 equivalent to One Hundred Twenty Eight (128)
calendar days due to unworkable site condition brought about by Low
Pressure Area and Typhoons that hit the locality. However, the suspended
period covering Suspension/ Resume Order Nos. 3 to 7 equivalent to One
Hundred Two (102) calendar days had no approved time extension. Hence
it was included in this request for contract time extension covering a total
time extension of 230 calendar days for approval of Secretary broken down
as follows:
ANALYSIS
S. O./R. O./T.E. CALENDAR DAYS REMARKS
S. O. No. 1 / R. O. No. 1 S. O. / R. O. No. 1 Approved
51 C. D.
(Sept. 4, 2013 – Oct. 25, 2013) by the Regional Director
Time Extension due to V.O. No. Approved by the Regional
60 C.D.
1 Director
S. O. No. 2 / R. O. No. 2 S. O. / R. O. No. 2 Approved
9 C. D.
(Nov. 5, 2013 – Nov. 13, 2013) by the Regional Director
Time Extension No. 1 due to Approved by the Regional
60 C. D
SO/RO No. 1 & 2 Director
S. O. No. 3 / R. O. No. 3 S. O. / R. O. No. 3 duly
(Nov. 15, 2013 – Jan. 3, 2014) 52 C. D. approved by Usec. Romeo S.
Momo
S. O. No. 4 / R. O. No. 4 S. O. / R. O. No. 4 duly
(Jan. 17, 2014 – Jan. 23, 2014) 7 C. D. approved by Usec. Romeo S.
Momo
S. O. No. 5 / R. O. No. 5 S. O. / R. O. No. 5 duly
(Feb. 1, 2014 – Feb. 14, 2014) 14 C. D. approved by Usec. Romeo S.
Momo
ANALYSIS
S. O./R. O./T.E. CALENDAR DAYS REMARKS
S. O. No. 6 / R. O. No. 6 S. O. / R. O. No. 6 duly
(Mar. 10, 2013 – Mar. 24, 2014) 15 C. D. approved by Usec. Romeo S.
Momo
S. O. No. 7 / R. O. No. 7 S. O. / R. O. No. 7 duly
(Apr. 7, 2014 – Apr. 20, 2014) 14 C. D. approved by Usec. Romeo S.
Momo
S. O. No. 8 / R. O. No. 8 S. O. / R. O. No. 8 For
(May 12, 2014 – May 26, 2014) 15 C. D. Approval by Secretary
Rogelio L. Singson
S. O. No. 9 / R. O. No. 9 S. O. / R. O. No. 9 For
(June 1, 2014 – Sept. 30, 2014 113 C. D. Approval by Secretary
Rogelio L. Singson
SUB-TOTAL 230 C. D.
For approval of Sec.
Total Time Extension No. 2 230 C. D.
Rogelio L. Singson
analysis
The Regional Director per his 2nd Undated Executive Summary stated that the
Contract Time Suspension/Resumption and Time Extension No. 2 is being
requested based on the provisions of Sub-Sections 9.3 & 10.5 of Annex E of the
Revised IRR of R.A. 9184 and Clause 47.3 (V. O. No. 1 covers January 3, 2014
to March 4, 2014) (Time Extension No. 1 for SO/RO No. 1 & 2 covers
September to November 2013) of the General Conditions of Contract, to quote
“In case of total suspension or suspension of activities along the critical path
which is not due to any fault of the contractor, the Procuring Entity shall adjust
the contract time for the elapsed time between the effective order of
suspending operation and the order to resume work”… and “Extension of
contract time shall be granted for rainy/unworkable days considered
unfavorable for the prosecution of the works at the site, based on the actual
conditions obtained at the site in excess of the number of rainy / unworkable
days pre-determined by the government in relation to the original contract
time… and other meritorious causes as determined by the government
authorized Engineer and approved by Procuring Entity”, unquote.
This road project was certified that no pre-determined rainy/unworkable days
were incorporated in the computation of contract duration per Certification
issued by DOMINIC G. SERRANO, Construction Division, Chief of DPWH-Region
IVB.
analysis
Physical Accomplishment as of December 31, 2014
Schedule Physical Accomplishment : 100.00%
Actual Accomplishment : 100.00%

Remarks

This request for approval of Suspension/Resume Order Nos. 8 & 9 / Time Extension
No. 2 was originally forwarded by the Implementing Office per Memorandum dated
December 22, 2014 addressed to Secretary Rogelio L. Singson and was returned by
BOC per memorandum dated January 27, 2015 due to necessary lacking documents.
Per compliance the request was submitted addressed to BOC Director Walter R.
Ocampo on February 12, 2015 with attached additional documents.

On the basis of the latest submitted documents as enumerated in the herein Checklist,
this Office found the request meritorious since it is beyond the control of the
contractor the delayed implementation of the project caused by bad weather condition
in the project area, and it is in accordance with the provisions as prescribed under
Sub-section 9.3 & 10.5 as cited above as well as Sub-section 9.1 and 10.3 of the
Annex E of Revised IRR of R.A. 9184, to quote
analysis
Sub-Section 9.1 The procuring entity shall have the authority to suspend the
work wholly partly by written such period as may be deemed necessary, due to
force majeure or any fortuitous events… the contractor shall immediately
comply with such order to suspend the work wholly or partly.

Section 10.3 Extension of contract time may be granted only when the affected
activities fall within the critical path of the PERT/CPM network.

The requested Time Extension equivalent to Two Hundred Eight (230) calendar days
were computed based on the Project Weather Chart duly signed by the Project
Engineer, Monthly Weather Report from PAGASA and Monthly Suspension Report. The
request for approval of Suspension /Resume Order Nos. 3 to 9 equivalent to Two
Hundred Thirty (230) calendar days covering the period from November 15, 2013 to
September 30, 2014 was reduced to Two Hundred Eight (208) calendar days
considering the minimum amount of rainfall data from PAGASA of 7.5mm and the
accomplishment of 4.73% for the month of July 2014.
analysis
ANALYSIS
ANALYSIS
S. O./R. O./T.E. CALENDAR DAYS REMARKS
S. O. No. 1 / R. O. No. 1 S. O. / R. O. No. 1 Approved
51 C. D.
(Sept. 4, 2013 – Oct. 25, 2013) by the Regional Director
Time Extension due to V.O. No. Approved by the Regional
60 C.D.
1 Director
S. O. No. 2 / R. O. No. 2 S. O. / R. O. No. 2 Approved
9 C. D.
(Nov. 5, 2013 – Nov. 13, 2013) by the Regional Director
Time Extension No. 1 due to Approved by the Regional
60 C. D
SO/RO No. 1 & 2 Director
S. O. No. 3 / R. O. No. 3 S. O. / R. O. No. 3 duly
(Nov. 15, 2013 – Jan. 3, 2014) 52 C. D. approved by Usec. Romeo S.
Momo
S. O. No. 4 / R. O. No. 4 S. O. / R. O. No. 4 duly
(Jan. 17, 2014 – Jan. 23, 2014) 7 C. D. approved by Usec. Romeo S.
Momo
S. O. No. 5 / R. O. No. 5 S. O. / R. O. No. 5 duly
(Feb. 1, 2014 – Feb. 14, 2014) 14 C. D. approved by Usec. Romeo S.
Momo
ANALYSIS

S. O./R. O./T.E. CALENDAR DAYS REMARKS


S. O. No. 6 / R. O. No. 6 S. O. / R. O. No. 6 duly
(Mar. 10, 2013 – Mar. 24, 2014) 15 C. D. approved by Usec. Romeo S.
Momo
S. O. No. 7 / R. O. No. 7 S. O. / R. O. No. 7 duly
(Apr. 7, 2014 – Apr. 20, 2014) 14 C. D. approved by Usec. Romeo S.
Momo
S. O. No. 8 / R. O. No. 8 S. O. / R. O. No. 8 For
(May 12, 2014 – May 26, 2014) 15 C. D. Approval by Secretary
Rogelio L. Singson
S. O. No. 9 / R. O. No. 9 S. O. / R. O. No. 9 For
(June 1, 2014 – Sept. 30, 2014 91 C. D. Approval by Secretary
Rogelio L. Singson
For approval of Sec.
Total Time Extension No. 2 208 C. D.
Rogelio L. Singson
ANALYSIS
Based on the approved PERT/CPM Network Diagram (Annex
“3.18”), the Items of Work affected by the suspension of work and
within the critical path of the project are as follows: Surplus
Common Excavation, Sub-grade Preparation, Aggregate Sub-base
Course, PCCP, Aggregate Surface Course.

In view of the foregoing, the request for approval of Suspension


Order Nos. 8 & 9 / Resume Order No. 8 & 9 and corresponding Time
Extension No. 2 including Time Extension for S.O. No. 3-7 equivalent
to Two Hundred Thirty (230) calendar days was reduced to two
Hundred Eight (208) calendar days is respectfully recommended for
the Secretary’s consideration and approval, pursuant to D.O. No. 69,
Series of 2013, subject however to the condition that the
contractor will not file any monetary claim by virtue of the
time extension and the written consent of bondsmen must
be submitted and the validity of the performance security
shall be correspondingly extended.
Additional Sample Computations
CONTRACTOR: SUPREME ABF CONSTRUCTION &
CONSTRUCTION SUPPLY CO., INC.
CONTRACTUAL DATA
PROJECT PROFILE ORIGINAL

Original Contract Amount P 49,628,305.54


Original Contract Duration 180 C. D.
Original Effectivity of Contract May 31, 2013
Original Contract Expiry Date November 26, 2013
Approved Time Extension No. 1 90 C.D.
Revised Expiry Date due to Approved February 24, 2014
T.E. No. 1
Approved Time Extension No. 2 90 C.D.
Revised Expiry Date due to Approved March 26, 2014
T.E. No. 2
This Proposed T.E. No. 3 141 C. D.
As Requested by the I.O.
Revised contract expiry, if approved September 16, 2014
STRAIGHT LINE DIAGRAM
REVISED
REVISED EXIRY PROPOSED
EXIRY REVISED APR 7, 2014 EXIRY
EXIRY
NTP NOV 26, 2013 EXIRY AUG 14,
MAY 31,
FEB 24, 2014
MAR 26, 2014 2014
2013 RECOMMEND
90 C.D. 30 C.D. T.E. 3
APPROVED T.E. 1
APPROVE 12 C.D.
DUE TO S.O./R.O 1-
22 D T.E. 2 141 C.D. PROPOSED T.E.

90 DAYS SUSPENDED
S.O. 1-22 (INTERMITTENT) MAR 14-29, 2014 APRIL 14- SEP 30, 2014
(INTERMITTENT 12 DAYS SUSPENDED 129 DAYS SUSPENDED
) (INTERMITTENT) (INTERMITTENT)
JUNE 15, 2013 R.O. 22
DEC 1, 2013
141 DAYS SUSPENDED (INTERMITTENT)
END OF
START OF
SUSPENSIO
SUSPENSIO
N
N DEC 7, 2013
FEB 23, 2014
PROJECT COMPLETED AS OF
SEPT16 2014
ACTUAL ACCOMPLISHMENT:
100%
30 DAYS SUSPENDED
(INTERMITTENT)
MONTHLY SUSPENSION REPORT

PMD REPORT AS OF ARPIL


2014
ACTUAL ACCOMPLISHMENT:
82.20%
ANALYSIS AND RECOMMENDATION
EXECUTIVE SUMMARY
The request for Contract Time Extension No. 3 was returned to the
Implementing Office with comments and observations as per Memorandum
of the BOC Director dated February 2, 2015 (Annex “3.3”). In response with
the said Memorandum, Regional Director Reynaldo S. Tamayo, CESO IV
forwarded a Memorandum dated February 24, 2015 (Annex “3.4”) stating
that the project site is roughly 161.00km from the PAGASA based in Cotabato
City and it is mountainous with an estimated elevation above sea level
equivalent to roughly 800m where often times the project site experienced
heavy rainfall although the recorded data in PAGASA is only rain shower.
Hence, dates with less than 7.5mm rainfall data are considered based on the
actual unworkable site condition.
Based on the review made by this Office, the requested Contract Time Extension
No. 3 with one hundred forty one (141) calendar days was reduced to twelve (12)
calendar days since only time suspension until the approved revised expiry date
of March 26, 2014 was considered. Therefore, only the suspended period for the
month of March 2014 was considered with a new revised expiry date of April 7,
2014. The proposed time suspension from April 13, 2014 to September 30, 2014
were already beyond the expiry date hence, were not considered.

• Note: Although this proposed Time Extension is found to be meritorious


and in order, the following are our comments/findings and observations,
to wit:
This proposed Contract Time Extension No. 3, if approved, will have a
revised expiry date of April 7, 2014 wherein the planned/revised
accomplishment of the project should be 100%. However, based on the
Status Report of the Project Monitoring Division (PMD), the actual
accomplishment of the contractor as of April 30, 2014 was only 82.20%. The
project was declared 100% completed only on September 16, 2014. Pursuant
to Sub-sections 8.1 and 8.4 of Annex “E” of the Revised IRR of R.A. 9184, to
quote:
Section 8.1 – “Where the contractor refuses or fails to satisfactory
complete the work within the specified contract time, plus any
time extension duly granted and is hereby in default under the
contract, the contractor shall pay the procuring entity for
liquidated damages, and not by way of penalty, an amount as
provided in the conditions of contract, equal to at least one
tenth (1/10) of one (1) percent of the cost of the unperformed of the
works for every day of delay.

Section 8.4 – “In case the delay in the completion of the work
exceed a time duration equivalent to ten percent (10 %) of the
specified contract time plus any time extension duly granted to
the contractor, the procuring entity concerned may rescind the
contract, forfeit the contactor’s performance security and
takeover the prosecution of the project or award the same to a
qualified contractor through negotiated contract.”
Therefore the contractor shall pay the corresponding liquidated damages as
computed in the amount of P1,431,081.82 (see attached BOC computation of
Liquidated Damages) but not to exceed 1/10 of the total contract cost
equivalent
Liquidated Damages =(1/10) x 1% ( Balance of work * contract amount) x ( No. of days extended)
Liquidated Damages =(1/10) x 1% ( 100%-82.2%)(49,628,305.54) x (162 days (from Apr 7 – Sep 16, 2014))
Liquidated Damages =(1/10) x 1% ( 17.8% x 49,628,305.54) x (162)

Total Liquidated Damages = P 1,431,081.82

The total contract duration of the project including this proposed time
extension is 312 calendar days on the revised expiry date of April 7, 2014. As
provided above, the project should have been rescinded after 1/10 of the total
duration or 1/10 (312) or 32 calendar days from its expiry date which is April 7,
2014 and forfeit the contractor’s performance security and takeover
prosecution of the project or award the same to a qualified contractor through
negotiated contract. The Implementing Office should explain why the project
was not rescinded on May 9, 2014 and did not forfeit the performance security.
On the basis of the submitted documents, indicated in the checklist (Annex
“3.24”), this Office found the request for Contract Time Extension No. 2
meritorious because it is not the fault of the contractor and beyond the control of
the Implementing Office that the bad weather condition occured in the project
site and hampered the activities within the critical path of the project. Also, it is
in accordance with the above mentioned provisions of Sub-Sections 9.1, 9.3, 10.3
and 10.5 Annex “E” of the Revised IRR of R.A. 9184 as mentioned above and
recommends approval of twelve (12) calendar days contract time extension,
broken down as follows:
S.O./R.O./T.E. Covered Period Remarks
S.O./R.O. Nos. 1-22 June 15, 2013 to Nov 30, 2013 (intermittent) due to bad
90 C.D. weather condition
with Time Extension No. 1
Dec 7, 2013 to Feb 23, 2014 (intermittent)
Time Extension No. 2
due to bad weather condition
duly approved by 30 C.D.
U/Sec Romeo S. Momo
Mar 14, 2014 to Mar 29, 2014 (intermittent) due to bad
Total T.E. No. 3, if approved
weather
As Recommended by I.O. 141 C.D.
For approval of Sec. Rogelio L. Singson
As Recommended by BOC 12 C.D.
Based on the approved PERT/CPM Network Diagram, the Items of Work affected
by Time Extension No. 2 that fall within the critical path are Reflectorized
Thermoplastic Pavement Markings and Demobilization. The request for contract
time extension was submitted to cover up the period for affected activities that
impeded the operation for the entire project affecting the completion expiry date
of the whole project contract.

In view of the above premises, the request for Contract Time Extension No. 2
equivalent to twelve (12) calendar days is respectfully recommended pursuant to
D.O. No. 69, Series of 2013 for the Secretary’s consideration and approval, subject
however to the condition that the contractor will not file any monetary
claim by virtue of the time extension and the written consent of bondsmen
must be submitted and the validity of the performance security shall be
correspondingly extended.
Sample No. 3
Time Extension due to Unfavorable Weather Condition

1. Contractual Data:

Name of Project : CP-IV, Calape-Buenavista Section Bohol


Circumferential Road
Location : Province of Bohol, Philippines
Original Contract Cost : : P279,596,873.80
Original Contract Duration : 730 cal. days
Contractor : F.T. SANCHEZ/SOCCOR (J.V.)
Contract Effectivity Date : 01 February 1997
Contract Expiry Date : 31 January 1999

2. Action Requested :

Approval of time suspension request due to ordinary rainy/inclement weather condition covering the
period from 21 January 1998 to 20 April 1998 (selective) or a total of 34 cal. days.

3. Given Conditions:
a) The predetermined unworkable days of 160 cal. days considered during the estimation of
contract time has been fully utilized as of 30 November 1997 as certified by the Project
Engineer (Government).
b) All supporting documents are hereto attached.
c) There were no previously approved time suspension/extension.
4. Evaluation:

Period covered by the suspension: 21 January 1998 to April 20, 1998:


January 22,26,30,31 - 4 cal. days
February 01,02,03,09,10,12,16,17,18,18,23,26 - 12 cal. days
March 02,03,04,05,15,16,17,26,28 - 9 cal. days
April 03,04,05,07,08,09,12,18,20 - 9 cal. days
34 cal. days

Determine the actual working days which became unworkable due to weather condition.
January 22,26,30,31 - 4 cal. days
February 01,02,03,09,10,12,16,17,18,18,23,26 - 11 cal. days
March 02,03,04,05,15,16,17,26,28 - 8 cal. days
April 03,04,05,07,08,09,12,18,20 - 6 cal. days
29 cal. days

Conversion from the working days to calendar days (W.D. to C.D.) from the proposed
time extension to consider sundays and holidays:

1999
February 24 W.D. 28 C.D.
March 5 W.D. Say 5 C.D.
-------- ---------
28 W.D. 33 C.D.
Period covered by the proposed time extension in lieu of
work suspension from February 22 to April 20, 1998
(intermittent) is February 1, 1999 to March 5,1999.

Therefore the total number of days recommended for


contract time extension is 33 calendar days due to
rainy/unworkable days, thus revises the expiry date of the
contract from January 31, 1999 to March 5, 1999.
ISSUES AND CONCERNS IN THE PROCESSING OF
REQUEST FOR CONTRACT TIME SUSPENSION /
EXTENSION
ISSUES AND CONCERNS IN THE PROCESSING OF REQUEST FOR
CONTRACT TIME SUSPENSION / EXTENSION
1. Incomplete supporting documents or Documents should contain the following :
incomplete information contained in 1. Reckoning dates e.g. effectivity and
the submitted supporting documents terminal dates.
2. Reasons how the circumstances affected
the scheduled activities.
3. If necessary, attach additional documents
or proof /photograph.

2. Inconsistent/baseless information Provide complete details of the circumstances.


contained in documents (i.e. verbal Discuss the logic.
instructions) If possible, attach sketches or photographs.

3. Delayed request Request should be made within the reasonable


time after occurrence of the circumstances so
that the Implementing Office can investigate..
The request should be within 30 calendar days
after occurrence of the circumstances.

4. Unauthenticated documents All supporting documents shall be original


copies , certified true copy of the original
bearing signature, printed name and dated by
the issuing officer or Xerox copy bearing the
above mentioned information.
ISSUES AND CONCERNS IN THE PROCESSING OF REQUEST FOR
CONTRACT TIME SUSPENSION / EXTENSION
5. Request for suspension submitted The request for suspension beyond the
beyond revised expiry date. contract expiry date cannot be given due
consideration. The contract will be subjected to
LIQUIDATED DAMAGES.

6. Performance Bond is not Co-Terminus Amend the Performance Bond to be Co-


with the completion of the project Terminus with the completion of the project.
and no conformity of the Bondsman . Also attach conformity of Bondsman due to
time extension

7. Premature Total Suspension. There are other workable items that the
contractor can work on before total
suspension.

8. The project is suspended, however The equivalent duration for the accomplished
the contractor is continuously works shall be deducted to the requested time
working on the project. extension
PANEL DISCUSSION
(Observations/Issues and Concerns)
THANK YOU.

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