Triggers for Contract Amount Readjustment
- Readjustment may occur if the Government imposes, abolishes, or modifies taxes, customs duties, licenses, fees, or other similar charges.
- Changes in laws affecting labor conditions such as permissible working hours or wages, which impact construction costs, also trigger readjustment.
- Crucially, any abnormal or extraordinary increase or decrease in construction material costs beyond either party's control justifies contract adjustment.
Composition and Role of the Adjustment Committee
- A specialized Committee is created to determine the appropriate readjustment of the contract amount.
- Committee membership includes:
- Chairman: Secretary of Public Works, Transportation and Communications.
- Co-Chairman: Secretary of Public Highways.
- Members: Representative from the National Economic and Development Authority (NEDA), the head of the Bureau or Agency concerned, and a Commission on Audit representative.
- The Committee's role is to assess applications and make fair adjustments to contract amounts based on submitted evidence.
Procedural Requirements for Seeking Adjustment
- The party requesting contract readjustment must apply in writing.
- The application must specify the reasons justifying the change.
- It must include detailed data and computations to accurately determine the adjusted amount.
- No adjustment consideration is allowed for projects behind schedule unless a valid extension of time has been granted.
Repeal of Conflicting Laws and Immediate Effectivity
- All laws, decrees, orders, and regulations inconsistent with this decree are repealed or modified accordingly.
- The decree took effect immediately upon issuance.
Legal and Policy Implications
- Ensures fairness by allowing contract price adjustments responsive to economic realities, especially sudden material cost escalations.
- Enhances coordination of economic and fiscal policies affecting public works contracts through revised committee membership.
- Protects contractors from undue financial burdens while maintaining government oversight and accountability through designated committee members and procedural safeguards.