Article 19p. 19

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

SECTION 55. Disposition of Miscellaneous Bureau

Receipts . — In the absence of special provision, money

collected for property sold or service rendered, and all

other

receipts

or

earnings

of

bureaus,

offices,

and

agencies not derived from taxation, shall accrue to the

general

unappropriated

funds

of

the

National

Government.

SECTION 56. Printing of Studies and Researches . —

With the approval of the Secretary, a bureau, office, or

agency may print its studies, researches and similar

materials for distribution at cost to the public. The

Secretary may authorize the printing or reprinting of the

said materials by private persons for sale to the public

upon payment of such royalties as may be fixed by him,

which shall accrue to the general fund.

CHAPTER 13 Contracts

SECTION 57. Conveyances and Contracts to which

the Government is a Party . — Any deed, instrument or

contract conveying the title to real estate or to any other

property the value of which does not exceed fifty million

pesos (P50,000,000) awarded through public bidding,

and five million pesos (P5,000,000) awarded through

negotiation,

shall

be

executed

and

signed

by

the

respective Secretary on behalf of the Government of the

Philippines. Where the value of the property exceeds the

aforesaid ceilings, such deed, instrument or contract shall

be

executed

and

signed

by

the

President

of

the

Philippines on behalf of the Government.

SECTION 58. Ceiling for Infrastructure Contracts . —

The following shall be the ceilings for all civil works,

construction

and

other

contracts

for

infrastructure

projects, including supply contracts for said projects,

awarded through public bidding or through negotiation,

which may be approved by the Secretaries of Public

Works

and

Highways,

Transportation

and

Communications,

Local

Government

with

respect to

Rural Road Improvement Project, and governing boards

of government-owned or controlled corporations:

Awarded

through

Public

Bidding

Awarded

through

Negotiation

a. Secretary of Public

Works and Highways

P100 Mil.

P10 Mil.

b. Secretary of

Transportation and

Communications

100 Mil.

10 Mil.

c. Secretary of Local

Government with

respect to the Rural

Road Improvement

Project

100 Mil.

2 Mil.

d. Government Boards of

Infrastructure

Corporations (National

Power Corporation,

National Irrigation

Administration,

Metropolitan

Waterworks and

Sewerage System,

National Housing

Authority, Philippine

Port Authority, National

Electrification

Administration, Export

Processing Zone

Authority, Philippine

National Railways, Local

Water Utilities

50 Mil.

5 Mil.

Administration, Light

Rail Transit Authority

and Philippine National

Oil Company)

e.

Governing Boards of

Non-Infrastructure

Corporations

7.5 Mil.

1 Mil.

Save as provided for above, the approval ceilings

assigned

to

the

departments/agencies

involved

in

national infrastructure and construction projects shall

remain at the levels provided in existing laws, rules and

regulations.

SECTION 59. Contracts for Approval by the President .

—

Contracts

for

infrastructure

projects,

including

contracts for the supply of materials and equipment to be

used in said projects, which involve amounts above the

ceilings

provided

in

the

preceding section shall be

approved by the President: Provided , That the President

may,

when

conditions

so

warrant,

and

upon

recommendation

of

the

National

Economic

and

Development Authority, revise the aforesaid ceilings of

approving authority.

SECTION 60. Approval of Consultancy Contracts . —

All purely consultancy contracts relating to infrastructure

projects, regardless of amount, shall be approved by the

Secretaries concerned, in accordance with the Guidelines

on the Hiring of Consultants to be promulgated by the

National Economic and Development Authority: Provided ,

That the National Economic and Development Authority

shall be furnished by the departments, agencies or

government

corporations

concerned,

copies

of

all

consultancy contracts entered into by them involving an

amount in excess of P1 million for monitoring purposes.

SECTION 61. Delegation of Authority to Governing

Boards of Government Corporations . — The Secretaries

are authorized to delegate to the governing boards of

government-owned or controlled corporations which are

attached to or are under the administrative supervision of

their respective departments, the authority to approve

contracts for infrastructure projects entered into by said

corporations involving amounts which are beyond the

ceiling

provided

for

government

corporations

under

Section 57 hereof but which are within the approving

authority of the Secretaries under the said Section. In the

case of government corporations which are attached to

or under the Office of the President, the delegation shall

be made by the Executive Secretary.

SECTION 62. Public Bidding of Contracts ; Exceptions .

— As a general rule, contracts for infrastructure projects

shall be awarded after open public bidding to bidders

who submit the lowest responsive/evaluated bids. Open

Public Bidding shall be conducted among prequalified

contractors

in

accordance

with

laws,

rules

and

regulations not inconsistent with the provisions of this

Chapter.

The

award

of

such

contracts

through

negotiation shall only be allowed by the Secretary or

Governing Board of the Corporation concerned within the

limits as stated in Section 57 hereof in the following cases:

a.

In

times

of

emergencies

arising

from natural

calamities

where

immediate

action

is

necessary

to

prevent imminent loss of life or property, in which case,

direct

negotiation

or

simplified

bidding

may

be

undertaken;

b. Failure to award the contract after competitive

public bidding for valid cause or causes, in which case,

simplified bidding may be undertaken; and

c. Where the construction project covered by the

contract is adjacent or contiguous to an on-going project

and it could be economically prosecuted by the same

contractor, in which case, direct negotiation may be

undertaken with the said contractor at the same unit

prices and contract conditions, less mobilization costs,

provided that he has no negative slippage and has

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