„7.

18 D"tt
Republic of the Philippines
Oq.49.us
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
OFFICE OF THE SECRETARY
Bonifacio Drive, Port Area Manila
&AlcoHG "L\Hl.^S

SEP 22 Z023

DEPARTMENT ORDER SUBJECT: Standardized Guidelines /

Procedures in processing Request
for Work Suspension Order and
No. 117 Contract Time Extension due to
Series of 2023 Pending Issuance of Permits to be
tl q`q5`a8 issued by Local Government Units
and other Concerned Government
Agencies (MMDA, DENR, etc.)

In line with the President Marcos Administration's ``Build, Better, More" Program, the DPWH is
committed in providing and managing quality infrastructure facilities and services responsive
to the needs of the Filipino people in the pursuit of national development objectives. However,
it has been observed based on available data that one of the causes of delay during project
implementation is due to pending / delayed issuance of permits to be issued by Local
Government Units (LGU) and other concerned Government Agencies, wherein securing such
permit went beyond the prescribed processing time as indicated in their respective Citizen's
Charter, which has a detrimental effect in the implem`entation of DPWH Infrastructure
projects.

This Order aims to establish guidelines / procedures in the preparation and evaluation of
request for Work Suspension Order and Contract lime Extension due to pending / delayed
issuance of LGU and other concerned Government Agency Permits. It also aims to assist
technical staff of Implementing Offices to achieve a more efficient and objective process of
evaluation as well as to reconcile current evaluation practices with the existing technical
references.

1. LEGAL BASES

1.1. Annex "E" of the Revised Implementing Rules and Regulations (IRR) of Republic
Act (RA) No. 9184 for locally funded projects.

1.2. Federation International des Ingenieurs-Conseils (FIDIC), General conditions of

Contract and Conditions of Particular Application, or any other guidelines for
foreign assisted projects

2. DEFINITION OF TERMS

2.1. Work suspension order (WSO) -a written order issued by the DPWH project
Engineer/Engineer's Representative and approved by the concerned authorized
DPWH officials to the Contractor to suspend the contract work wholly or partly for
such period as may be deemed necessary.

2.2. Work Resumption order (WRO) -a written order issued by the DPWH project
Engineer/Engineer's Representative and approved by the concerned Head of the

Website : https ://www.dpwh. gov.ph

Tel. No(s).: 5304-3000 / (02) 165-02
 DEPARTMENT ORDER NO. |!L SERIES 2023
irANDARDlzED GulDELINEs ; pROcEDUREs IN pROcEsslNG REQUEST FOR WORK suspENsloN ORDER AND
CONTRACT TIME EXTENSION DUE TO PENDING ISSUANCE 0F PERMITS TO BE ISSUED BY LOCAL
GOVERNMENT UNITS AND OTHER CONCERNED GOVERNMENT AGENCIES (MMDA, DENR, ETC.)
Page 2 of 7

10 to the Contractor to resume construction operation covered by a previous WSO,

after the cause of or reason for the work suspension has been resolved,

2.3. ContractTime Extension (CTE) -a written authority issued by the Io granting

the contractor additional time beyond the approved completion date in order to
carry out additional work or on account of other special circumstances that warrant
such additional contract time.

2.4. Citizen's Charter -isa document of commitments made by a Government

organization to the citizen / client groups in respect of the services / schemes
being provided to them or to be provided to them.

2.5. Anti-Red Tape Authority (ARTA) -Section 17 of RA No.11032 provides for

the creation of the ARTA, the government agency mandated to administer and
implement the said law and its Implementing Rules and Regulations (IRR), and to
monitor and ensure compliance with the national poliey on anti-red tape and ease
of doing business in the country.

3. GUIDELINES / PROCEDURES IN THE APPLICATION OF NECESSARY PERMITS

3.1. The application for the necessary permits should be filed by the contractor or his
duly authorized representative(s) within fifteen (15) calendar days after the
effectivity of the contract or from the occurrence of any activity that requires LGU
and other necessary permits (excavation, etc.). After fifteen (15) calendar days
had lapsed and no application was filed, the request for work suspension due to
delayed / pending issuance of said permit may be approved. Should the contractor
request for CTE in lieu of work suspension, any corresponding delay in the
application shall be deducted from the CTE to be granted.

3,2. In filing an application for the necessary permit, the contractor should see to it
that all documentary requirements as contained in the Citizen's Charter of the
concerned LGU / other Government Agency should be provided / completed and
all necessary forms should be filled up / accomplished, including any payment
thereto, indicating the date as to when the application was filed, duly received by
the authorized personnel of the concerned LGU / other Government Ageney. If the
documents were returned to the contractor for its sole default due to incomplete
supporting documents, the corresponding delayed time should be attributable to
the contractor and should not be considered for CTE.

3.3. The concerned Io MUST assign a liaison officer (from the contractor) to the LGU
or other concerned agencies who will coordinate and closely monitor / follow up
the actions to any request made thereto, provided that said follow up should be
made at least once a week. All follow ups should be made official, and duly
received by the concerned LGU / other Government Agency. Should the contractor
finds difflculty in the application for permits, the contractor should immediately
notify in writing the 10 of the same.

3.4. If, after the lapse of the prescribed processing time as indicated in the concerned

:€yus'sr:cnkdo::hdefrr:£vtehr:TaetnetoAfgtehnec¥::rE':Lifon`s-#ao:etrh:ns¢a:ffserof¥hee`:}pY'::k#
 DEPARTMENT ORDER NO, |JL SERIES 2023
STANDARDIZED GUIDELINES / PROCEDURES IN PROCESSING REQUEST FOR WORK SUSPENSION ORDER AND
CONTRACT TIME EXTENSION DUE TO PENDING ISSUANCE OF PERMITS TO BE ISSUED BY LOCAL
GOVERNMENT UNITS AND OTHER CONCERNED GOVERNMENT AGENCIES (MMDA, DENR, FTC.)
Page 3 of 7

was made, and no action(s)/development(s) has been given, the concerned Head
of the 10 [Unified Project Management Office (UPMO), Bureau, Regional Office
(RO) and District Engineering Office (DEO)] shall file a complaint regarding the
situation, through the ARTA (website:www.arta.gov.ph)(e-mail :
complaints@arta.gov.ph).

3.5. If, after the lapse offifteen (15) working days from the date of acknowledgement
of ARTA of the formal complaint filed by the concerned Head of the 10 (UPMO,
Bureau, RO and DEO), the said concerned Head of the 10 (UPMO, Bureau, RO and
DEO) should submit his / her report directly to the DPWH Secretary, informing him
about the situation, citing Chronology of Events from the date of application of
Permit to the concerned LGU / other Government Agency up to the filing of formal
complaint to the ARTA.

3.6. Upon receiving the report from the concerned Head of the lo (UPMO, Bureau, RO
and DEO), the DPWH Secretary should forward a letter to the ARTA informing
them about the situation, and request for the issuance / release of the said permit,
through their intervention.

4. DOCUMENTARY REQUIREMENTS AND TIMELINES IN THE PROCESSING OF

NECESSARY PERMITS

4.1. LGu PERMIT

The documentary requirements as well as the timelines in the processing of

necessary LGU Permit varies according to the Citizen's Charter of each City /
Municipality and the type of permit (building, excavation, etc.) to be requested.

4.2. MMDA PERMIT

Please refer to Annex A (requirements, process flow) for the documentary

requirements and timelines in the processing of necessary MMDA Permit.

4.3. DENR PERMIT

Please refer to Annex 8 (requirements, process flow) for the documentary

requirements and timelines in the processing of necessary DENR Permit.

4.4. OTHER GOVERNMENT AGENCY

please refer to the agency's Citizen's Charter. An example of Citizen's Charter is

attached as Annex C.

5. REQUEST FOR WORK SuSPENSION, WORK RESUMPTION AND CONTRACT TIME

EXTENSION DUE TO DELAYED / PENDING ISSUANCE OF LGU AND OTHER
CONCERNED GOVERNMENT AGENCIES' PERMIT (MMDA, DENR, ETC.)

The preparation of the desired WSO, WRO and CTE shall remain with the concerned DPWH
Project Engineer. He shall ensure that all supporting documents are submitted. The
documentary requirements for the request for WSO, WRO and CTE due to pending /

¢
 DEPARTMENT ORDER NO. |JL SERIES 2023
STANDARDIZED GUIDELINES / PROCEDURES IN PROCESSING REQUEST FOR WORK SUSPENSION ORDER AND
CONTRACT TIME EXTENSION DUE T0 PENDING ISSUANCE OF PERMITS TO BE ISSUED BY LOCAL
GOVERNMENT UNITS AND OTHER CONCERNED GOVERNMENT AGENCIES (MMDA, DENR, FTC.)
Page 4 of 7

delayed issuance of LGU and other Government Agency Permit are provided in DO 11
series of 2021 (or as amended) and the additional documents not stated therein are as
follows:

WSO

a. Letter request of the contractor for wso

b. Straight Line Diagram showing the critical activities affected

c. Straight Line Diagram showing the contract effectivity, expiry and other vital
dates of the project

d. Previously approved wso / CTE / WRO

e. Certified True copy of original contract

f. Copy of latest approved project Evaluation ReviewTechnique (PERT) / Critical

Path Method (CPM) Network Diagram Bar Chart or Precedence Diagram
Method (PDM)

9. Application letter / form duly accomplished by the contractor with date as to

when the said application was made, duly received by concerned LGU / other
Government Agency

h. Executive summary

i. Proposed suspension order in standard format per existing DO

j. Project/Consultant Engineer's Report

k. Evaluation / Recommendation with justification from the 10 / Consultant of

the requested WSO

I. Complete contractual Data

in. Letters, follow up letters or minutes of the meetings and other

communications made between the contractor, 10 and the concerned LGU /
other Government Agency

n. Chronology of Events showing the'efforts made in the application of such

permit

o. Concerned LGU's / other Government Agency's citizen's charter

p. Official Receipt / Proof of payment/s made to the LGU / other Government

Agenay

q. Report to the Secretary informing the non-issuance of LGU / other

Government Agency, if applicable
 DEPARTMENT ORDER NO. ||L SERIES 2023
STANDARDIZED GUIDELINES / PROCEDURES IN PROCESSING REQUEST FOR WORK SUSPENSION ORDER AND
CONTRACT TIME EXTENSION DUE TO PENDING ISSUANCE 0F PERMITS TO BE ISSUED BY LOCAL
GOVERNMENT UNITS AND OTHER CONCERNED GOVERNMENT AGENCIES (MMDA, DENR, ETC.)
Page 5 of 7

r. Document containing the receipt of the complaint to the ARTA, if applicable

CTE

a. Letter request of the contractor for CTE

b. Approved suspension and Resume orders

c. Straight Line Diagram showing the critical activities affected

d. Straight Line Diagram showing the contract effectivity, expiry and other
vital dates of the project

e. Previously approved CTE

f. Certified True copy of original contract

9. Copy of latest approved PERT/CPM Network Diagram Bar Chart or PDM

h. Sworn contractor's Quit claim

i. Conformity of contractor's Bondsman for the Time Extension

j. Application letter / form duly accomplished by the contractor with date as to

when the said application was made, duly received by concerned LGU / other
Government Agency

k. Copy of approved LGU / other Government Agency Permit with date of

issuance

I. Executive summary

in. Project/Consultant Engineer's Report

n. Evaluation/Recommendation with justification from the Io / Consultant of the

requested Time Extension

o. Complete contractual Data

p. Chronology of Events showing the efforts made in the application of such

permit

q. Letters, follow up letters or minutes of the meetings and other

communications made between the contractor, 10 and the concerned LGU /
other Government Agency

r. Concerned LGU's / other Government Agency's citizen's charter

s. Proof of payments made with the LGU / other Government Agency

 DEPARTMENT ORDER NO. JIL SERIES 2023
STANDARDIZED GUIDELINES / PROCEDURES IN PROCESSING REQUEST FOR WORK SUSPENSION ORDER AND
CONTRACT TIME EXTENSION DUE TO PENDING ISSUANCE OF PERMITS TO BE ISSUED BY LOCAL
GOVERNMENT UNITS AND OTHER CONCERNED GOVERNMENT AGENCIES (MMDA, DENR, ETC.)
Page 6 of 7

t. Report to the Secretary informing the non-issuance of LGU / other

Government Agency Permit, if applicable

u. Proof/ document confirming the receipt of complaint to the ARTA

WRO

a. Letter request of the contractor for WRO

b. Approved suspension order

c. Certified True copy of original contract

d. Executive summary

e. Copy of the proposed Resume Order in accordance with Format per existing
department order

f, Project / Consultant Engineer's Report

9. Complete contractual Data

h. Copy of approved LGU / other Government Agency permit with date of

issuance

6. DELEGATED AUTHORITY

The delegated authority in the approval of WSO, WRO, and CTE should be in accordance
with the provisions of D.O. No. 42 series of 2020, as shown hereunder, unless otherwise
revoked/amended:

For WSO and CTE:

Item Ill of D.O. No. 42 series of 2020 -Delegated Authority

A. For locally funded projects:

ADDrovina Official Cumulative Inclusive Period

-up to 60 calendar days (c.d.)
District Engineer
-beyond 60 c.d.
Regional Director

8. For central/UPMO projects:

ADDrovina Official Cumulative Inclusive Period

-up to 120 c.d.
UPMO Cluster Director/ Bureau
- beyond 120 c.d,
Undersecretary for Technical Services/
UPMO Operations

LZ
 DEPARTMENT ORDER NO. JJL SERIES 2023
STANDARDIZED GUIDELINES / PROCEDURES IN PROCESSING REQUEST FOR WORK SUSPENSION ORDER AND
cONTRAor TIME EXTENsloN DUE TO PENDING IssuANCE oF pERMITs To BE IssuED By LOcAL
GOVERNMENT UNITS AND OTHER CONCERNED GOVERNMENT AGENCIES (MMDA, DENR, ETC.)
Page 7 of 7

For WRO:

Approval for all WROs should be within the authority of the Head of the IOs.

Relative to the provisions of the D.O. on the Document Tracking System (DOTS), all requests
of the contractor shall be duly registered in the DOTS and duly recorded in the Receiving
Logbook of the 10 (Records Section/DOTS Center). Likewise, the /effEr nequesf of the
contractor should be stamped with "Aece/Wed" by the 10 indicating therein the date and time
it was received.

Failure of the concerned DPWH personnel to implement the provisions of this Order shall, after
due process, make them liable to the penalties prescribed for violation of reasonable office rules
and regulation in Rule 10, Administrative Offenses and Penalties of the 2017 Rules on
Administrative Cases in the Civil Service dated 03 July 2017.

This Order shall take effect immediately and amends any previous issuances to the contrary.

6.1,2. AMD/MLC

Department Of Public Works and Hlghways

Offlco of the Secretary

111111111111111111'111111111111111111

WIN3W02267