Question & AnswerQ&A (DPWH DEPARTMENT ORDER NO. 51)
The mandatory minimum percentage of unskilled labor to be recruited from the locality (barangay) where the project is undertaken is 50%.
The City Mayor or Municipal Mayor concerned has the authority to certify the readiness, willingness, and ability of the unskilled laborers from the barangay.
If the requirement is not met from the locality's residents, the deficiency shall be recruited from the unemployed bona fide residents of neighboring barangays of the city/municipality where the project is undertaken.
A mandatory minimum of 30% of the skilled labor requirement must be recruited from the locality where the project is undertaken.
The labor requirement should be recruited proportionately from the localities traversed by the project.
The DPWH Implementing Office shall advise the concerned City/Municipal Mayor or Governor of the project and labor requirements, request a list of able, qualified, and willing laborers, and submit this list to the contractor upon contract award before the Notice to Proceed is issued.
The contractor has the option to employ the labor requirements but preferably from the barangay or locality where the project is located.
There must be a provision for strict compliance with RA 6685 and the penalty clause should be included in the Conditions of the Contract.
The contractor must cause the posting of the "Notice of Labor Requirements" in conspicuous areas such as the municipal hall, churches, and project site to notify local residents of the need for laborers.
Labor applicants may be required to present identification papers such as Voter's ID, Residence Certificate, or certification from the Barangay Captain or any member of the Barangay Council that they are bona fide and actual residents of the locality where the project is undertaken.
The District, Provincial, or City/Municipal Engineer concerned is responsible for counter-checking the "Certificate of Compliance" before effecting payment.
They apply to all contracts for infrastructure projects of the national, provincial, city, and municipal government.
If still not satisfied, the deficiency shall be recruited from the unemployed bona fide residents of the province where the project is undertaken as certified by the Governor.