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3_PD_R8_Time-Variance-_-August-16-2023
3_PD_R8_Time-Variance-_-August-16-2023
BUREAU OF CONSTRUCTION
PROJECT
DOCUMENTATION
SEMINAR
TIME VARIANCE
August 16, 2023 Presented by: JANINE C. DE PABLO
1:00 PM – 3:30 PM Engineer II, Price Escalation Review Section
Claims Review Division, Bureau of Construction
OUTLINE OF
PRESENTATION
LEGAL BASIS
Department
Orders/
Issuances
Contract Special
Conditions
(DO 42 s. Agreement of Contract
2020)
RA 9184
(Annex E of
the Revised
IRR)
TIME VARIANCE
For Foreign-Funded
For Locally-Funded
Projects/ Central Office
Projects
Implemented Projects
30 cd
30 cd 30 cd
April May June July August September October November
30 cd 60 cd 30 cd
Expiry Date
Effectivity Revised Expiry Date
CTE No. 1
(Due to WSO/WRO 1)
Revised Expiry Date
CTE No. 2
(Due to VO No. 1)
Revised Expiry Date
CTE No. 2
(Due to WSO/WRO 2)
WSO 1 – DE
WRO 1 – DE
CTE 1 – DE
CTE 2 – DE
WSO No. 1 WSO No. 2 WSO 2 – DE
WRO 2 – DE
WRO No. 1 MTSR WRO No. 2 CTE 2 – DE
(June & July CTE 3 – RD
– 30 cd) MTSR (Oct) CTE 4 – RD
25 cd
30 cd 30 cd unworkable
Force Majeure/
Fortuitous Events Correct bad conditions which are
unsafe for workers or general
public
Inaccessibility to
Permits Obstruction
the Project Site
WSO
Standard Forms
WSO
Conditions for issuing Continuation of Work Suspension Order
(CWSO)
60 cd
Issuance Date
WSO
Conditions for issuing CWSO
30 cd 30 cd
Original Expiry
Effectivity
Date
(June 1) Compliant with the (August 30)
timeframe
Date of Approval of MTSR: July 10
Contractor’s Request
MTSR for the Month
for CTE covering
of July: Unworkable
June and July =
Days = 10 cd
August 25
Original Expiry
Effectivity June = Not Compliant Date
(June 1) July = Compliant (August 30)
MTSR for the Month
Date of Approval of
of June: Unworkable
MTSR: August 10
Days = 15 cd
Contractor’s Request
MTSR for the Month
for CTE covering
of July: Unworkable
June and July =
Days = 10 cd
August 25
Original Expiry
Effectivity June = Not Compliant Date
(June 1) July = Compliant (August 30)
MTSR for the Month
Date of Approval of
of July: Unworkable
MTSR: August 25
Days = 15 cd
Contractor’s Request
MTSR for the Month
for CTE covering
of July: Unworkable
June and July =
Days = 10 cd
September 2
Original Expiry
Effectivity June = Not Compliant Date
(June 1) July = Not Compliant (August 30)
Illustration: Non-inclusion of MTSR in determining the cumulative suspended days
Proper application of the Pre-
Determined Unworkable Days
Assumption: The project has a pre-determined unworkable
days due to unfavorable weather condition of 30 days,
equally distributed at 5 days per month.
Month Pre-Determined Actual Remarks
Month
Unworkable Days for CTE
June 5 June 30 No
July 5 July 15 Yes
August 5 August 10 Yes
September 5 September 5 No
October 10 Yes
October 5
November
November 5 Total
Total 30 calendar days
MTSR
Standard Forms
WSO
Conditions for Issuing WSO
Delivery of
Notices by
the
Contractor
to the I.O.
Within 30 c.d. after such work has been
commenced or after the circumstances
leading to such claim have arisen
CTE
The contractor has, prior to the expiration of the contract time and
within thirty (30) calendar days after such work has been
commenced or after the circumstances leading to such claim have
arisen, delivered to the procuring entity notices in order that it could have
investigated them at that time.
Condition 1 = Complied
Original Expiry
Effectivity
Date
(April 1) Condition 2 = Complied (June 30)
CTE
The contractor has, prior to the expiration of the contract time and
within thirty (30) calendar days after such work has been
commenced or after the circumstances leading to such claim have
arisen, delivered to the procuring entity notices in order that it could have
investigated them at that time.
Original Expiry
Effectivity
Date
(April 1)
(June 30)
CTE
The contractor has, prior to the expiration of the contract time and
within thirty (30) calendar days after such work has been
commenced or after the circumstances leading to such claim have
arisen, delivered to the procuring entity notices in order that it could have
investigated them at that time.
Original Expiry
Effectivity
Date Projected
(April 1)
(May 31) Revised
Expiry Date
CTE
Conditions for Granting CTE
the reason given to support the request for extension was already
considered in the determination of the original contract time during the
conduct of detailed engineering and in the preparation of the contract
documents as agreed upon by the parties before contract perfection.
Extension of contract time may be granted only when the affected activities
fall within the critical path of the PERT/CPM network.
CTE
Conditions for Granting CTE
Non-delivery on time of
materials, working drawings Non-acquisition of Permit
or written information to be to enter private properties
furnished by the P.E. within RROW.
Shortage of
Major Materials,
Calamities labor strikes,
peace and
order
conditions
Extension Other
Rainy/
Unworkable
of Contract Meritorious
Causes
days Time
CTE
Conditions for Granting CTE
Within 30 c.d.
(locally funded)
Section 11 Annex E of the revised IRR of
R.A. 9184 Within 28 c.d.
(foreign assisted)
(LGU Permit)
CTE
Within prescribed
time of DoTS
Section 10.1
(Sec. 11.1)
The I.O. shall act Annex E of the
revised IRR of
R.A. 9184
Section 5.a of
R.A. 6713
(15 c.d.)
CTE
V.O.
I. General Requirements
may be applicable to all conditions (Road Right-of-Way Problem,
Rainy / Unworkable Days, Peace and Order, etc.)
Contractor’s Letterhead
Date should be on
or before the
effectivity of
suspension
Duly received /
stamped by IO
Specify the
request
Duly signed by
contractor /
representative
Straight Line Diagram showing the critical activities affected (indicate the project limits /
stations) (WSO/CTE)
Contractor DPWH-PE
Document should be duly prepared and signed by the Reflect the proposed suspension as well as contract
contractor / representative and should be checked / effectivity, expiry, and other vital dates of the project
verified and signed by DPWH-PE (wso, wro, cte)
Sample Document
Straight Line Diagram showing the contract effectivity, contract expiry and other vital dates of
the project (WSO/CTE)
Name of
project
Duly
signed
by both
parties
Copy of latest approved PDM Network Diagram Bar Chart prior to the request for Work
Suspension Order (WSO/CTE)
W.S.O. No. 1: 60 cd
Sworn Contractor’s Quit Claim (for CTE)
Duly Notarized
Conformity of Contractor’s Bondsman (CTE)
• Letterhead
• Contains
legal basis
• Narrative
report of the
request
Executive Summary (WRO)
• Letterhead
• Contains legal
basis
• Narrative report of
the request
IO’s Letterhead
Date
Approving authority
Subject
Narrative
Legal Basis
Project / Consultant Engineer’s Report relative to the request (WSO/CTE/WRO)
Legal Basis
Recommendation of DPWH - PE
Signature of DPWH - PE
IO’s Letterhead
Recommendation
PROJECT Taken from the point of view as the overall Duly signed by DPWH-PE
ENGINEER’S in charge to the project, it is a written
REPORT narrative regarding the occurrence of an
event leading to such claim (W.S.O., C.T.E.,
R.O.), based on facts / evidences, including
his stand / recommendation on the request,
subject to applicable laws and issuances.
EVALUATION / Taken from the point of view as the Head of DEO Implemented Projects:
RECOMMENDATION the Implementing Unit, it is a written
For approval of RD: to be signed by DE.
OF THE evaluation of the request and contains
IMPLEMENTING justification as well as recommendation from For approval of DE: to be signed by the Chief (Const./Maintenance/Planning)
OFFICE WITH the Head of I.U. as to why the request may
JUSTIFICATION FOR or may not be recommended for approval, RO Implemented Projects:
THE REQUESTED based on facts / evidences, subject to
W.S.O./R.O./C.T.E. applicable laws and issuances. For approval of Asec/Usec/Sec: to be signed by RD.
IO’s Letterhead
Date
Action recommended
Contract Details
Source of Fund
Complete Contractual Data (WSO/CTE/WRO)
Signature of DPWH - PE
IO’s Letterhead
CHRONOLOGY OF EVENTS
Document should be duly
prepared and signed by
the DPWH – Project
Engineer and should be
checked / verified and
signed by the Head of
Implementing Unit
Additional Supporting Documents for Specific
Conditions
Due to rainy / unworkable days
considered unfavorable for the
prosecution of works at the
project site
I. To be submitted by the
Contractor
Certification / Monthly Weather Report from PAGASA
Certification / Monthly Weather Report from PAGASA
Geotagged Pictures (with caption i.e., location/station, etc.) showing that the site is affected
by unfavorable weather condition
Contractor’s Letterhead
ROAD RIGHT-OF-WAY Involves private lots / Parcellary Survey, Geotagged Pictures, List
properties (i.e., the project of affected lots with station limits, Permit to
will traverse an agricultural Enter, Certification from Brgy. Chairman,
land) Relevant documents such as permit issued,
communication letters, minutes of the
meeting, etc.
OBSTRUCTIONS Involves public utilities Structures Mapping, Geotagged Pictures,
(i.e., utility posts, List of affected utilities with station limits,
telecommunication lines, Letters from affected public utilities,
water lines, etc.,) Relevant documents such as permit issued,
communication letters, minutes of the
meeting, etc.
INACCESIBILITY TO Involves blockades that Sketch Map / Plan of the project showing
THE PROJECT SITE makes the project site inaccessibility, Geotagged Pictures, Relevant
inaccessible (i.e., road / documents such as permit issued,
bridge collapse leading to communication letters, minutes of the
the project site) meeting, etc.
REASON DEFINITION KEY DOCUMENTS / REQUIREMENTS
PEACE and Involves certain situation Certification from the PNP station commander concerned and confirmed by the
ORDER which is unsafe for the DILG Regional Director concerned that peace and order condition in the area is
CONDITION workers to report to work already stable, Proof / Evidence of peace and order situation (Geotagged
(military operations in the pictures / Police Report / Project Engineers Incident Report), Geotagged Pictures,
area, burning of Relevant documents such as permit issued, communication letters, minutes of
equipment, etc.) the meeting, etc.
PERMITS Involves delay in the Duly accomplished application form, Application letter from the contractor duly
(DENR, processing of necessary received by concerned agency / department, Proof of necessary payments
MMDA, LGU, permits to be secured by made, Duly signed necessary permit, Relevant documents such as permit issued,
etc.) concerned agencies / communication letters, minutes of the meeting, etc.
department
NON- Involves shortage / Geotagged pictures showing the affected portion / structures of the project due
AVAILABILITY scarcity of necessary to non-availability of Construction Materials, Certification from DTI and the
OF CONST. materials to be used in suppliers that the required materials specified in the plans and / or substitute
MATERIALS construction materials are not available in the market, Certification from the Implementing
Office that Non-availability of Construction Materials has occurred, Certification
from the Other Suppliers that the Materials is unavailable, Certification from the
Implementing Office stating the distance / location of the nearest available
supplier of the said materials and its cost
REASON DEFINITION KEY DOCUMENTS / REQUIREMENTS
REVISION OF Involves delay due to Approved Original and Revised Plans showing the changes made, Relevant
PLANS necessary changes to be documents such as permit issued, communication letters, minutes of the
made to suit actual field meeting, etc.
condition or to cater
needs of end-users
How do we evaluate the
documents as per DO
102 S. 2022?
DO 102 S. 2022 Areas to be Audited
COMPLETENESS
APPROPRIATENESS CONFORMANCE
DPWH – REGION VIII
PROJECT
DOCUMENTATION
SEMINAR