QuestionsQuestions (DPWH CIRCULAR NO. 88)
It states that the amended IRR provisions apply to all contracts for infrastructure and other construction projects of all government agencies (including GOCCs and other instrumentalities) that will be bid out after the amended IRR’s effectivity.
The amended IRR applies to contracts bid out after ten (10) days from the dissemination of the amended IRR by NEDA/INFRACOM; the DPWH circular further treats dissemination completion on 15 March 1990, implying effectivity starting 16 March 1990.
The cutoff is 15 March 1990. Contracts bid out after 15 March 1990 (starting 16 March 1990) are governed by the amended IRR; those bid out before apply the previous IRR.
Because the IRR itself specifies application to contracts bid out after the stipulated effectivity date, while explicitly providing that earlier contracts continue under the previous IRR.
The previous IRR applies, because it was bid out before the effectivity of the amended IRR.
The amended IRR applies, because bidding occurred after 15 March 1990 (starting 16 March 1990).
It provides that the amended IRR “shall apply” to all such contracts bid out after the effectivity date.
It states that for contracts bid out before the effectivity date, “the previous implementing rules and regulations shall apply.”
It excludes lump sum “pakyaw” contracts; the amended IRR “shall not apply” to them.
No. The text expressly states that the amended IRR shall not apply to lump sum “pakyaw” contracts.
It means DPWH Circular No. 88 overrides and replaces the earlier DPWH issuance on the same topic, and it controls over conflicting issuances.
It implies dissemination is the legal trigger for computing the ten (10)-day period leading to effectivity, so the dissemination date (and completion date) is crucial to determining which IRR governs.
To translate the IRR’s “ten (10) days from dissemination” rule into a practical bidding cutoff date, thereby establishing when amended IRR governs contracts.
They might argue for inclusion under amended IRR if effectivity is interpreted differently; however, the circular’s reasoning uses 15 March as the last day for previous IRR, making a stronger reading that 15 March follows the previous IRR (unless proven otherwise by official effectivity computations).
It includes all government agencies, including government-owned or controlled corporations and other instrumentalities, within the scope of the IRR’s applicability.
It makes the controlling event the bidding stage/date, not the time the contract is signed or executed.