Question & AnswerQ&A (Republic Act No. 8150)
The short title of Republic Act No. 8150 is the "Public Works and Highways Infrastructure Program Act of 1995."
The declared policy of the State is to promote a just and dynamic social order ensuring national prosperity, independence, and freedom from poverty by providing adequate social services, full employment, improved living standards, comprehensive rural development, with infrastructure given utmost priority as a catalyst for development.
Priority is given to roads leading to planned growth centers with economic potential, regional industrial and tourist centers, national ports and airports, principal agricultural production areas, regional and provincial capitals and major urban areas, and roads strategically important for emergencies.
The Department of Public Works and Highways (DPWH) is primarily responsible for the implementation of the infrastructure projects, except as provided in Section 5 for local government units.
Local government units may implement projects upon request by members of Congress and if they have the capability to do so, covering local roads and other public works.
Projects must be programmed annually by the DPWH within the approved expenditure ceiling, in consultation with the Senate and House oversight committees, considering policy and priorities set forth in the Act.
Engineering and administrative overhead expenses must not exceed 4% of the amount actually released for the project, with possible reductions as the total project cost increases.
All projects must be awarded by competitive public bidding to the lowest evaluated bid most advantageous to the government, except as otherwise provided in Sections 10 and 11.
Such projects can be done by administration or force account by the agency concerned unless otherwise authorized by the President.
Negotiated contracts are allowed in emergencies, failure to award after bidding with valid cause, contract termination, projects adjacent to ongoing ones with no delay, projects in areas with peace and order problems, or when authorized by the President in the national interest.
The Secretary must submit an annual accomplishment report to the President, Senate President, and House Speaker detailing appropriations, work accomplished, remaining work, and recommendations for additional funding.
Other parts of the Act not affected by the declaration shall continue to be in full force and effect as per the separability clause.
The Act took effect fifteen days after its complete publication in at least two national newspapers of general circulation.