CCWI reminds DPWH contractors, officials, on DO 115

On Apr 25, 2022

Crime and Corruption Watch International (CCWI) chair, Carlo Batalla (left), fields a question from the press as one of the panelists during a media forum at the National Press Club of the Philippines (NPC), along with National Youth Commission (NYC) chair, Victor del Rosario, Atty. Manuel Luna, commissioner of the Presidential Anti-Corruption Commission (PACC) and NPC president, Paul M. Gutierrez (stock photo).

THE Crime and Corruption Watch International (CCWI) headed by Carlo Batalla, to strictly implement Department Order (DO) 115, series of 2021, which was among the first orders to be signed by Secretary Roger Mercado, on his assumption to the post last year.

In the order that Mercado approved last November 29, 2021, he noted that a “considerable number of completed contracts, although issued with the ‘certificate of completion’ (COC), are yet to be issued the ‘certificate of final acceptance’ (CFA).

“Review of regional reports revealed that the failure to issue the CFA is due primarily to the apparent neglect and seeming refusal of contractors to submit the necessary warranty bond in compliance with the salient provisions of RA 9184 (Procurement Law) and DO 99, series of 2015,” Mercado said.

DO 99 refers to the requirements that DPWH contractors must submit so they can be issued the COC and the certificate of acceptance for infrastructure projects.

Mercado further noted that in another department order, DO 88, series of 2012, the DPWH sought to impose sanctions on contractors who failed to submit the warranty bond, which is a requirement for the issuance of the CFA.

Erstwhile DPWH secretary, Mark Villar handing over the department’s flag to his successor, former Southern Leyte representative, Roger Mercado, during a simple ceremony at the DPWH main office in Manila last year (stock photo).

To put everything in order, DO 115 directed “all DPWH implementing offices nationwide” that:

“Non-submission of warranty certificates should be ground for the disqualification of contractors during the post-qualification process of their currently bid-out projects.”

DPWH offices are also instructed to make sure that projects without CFAs should be reflected on the contractor’s information profile.

Mercado further directed that a computer link or connection between the PCMA and the contractor’s information profile must be established to enable the implementing agency to immediately know if the bidding contractor still has pending or unsubmitted requirements which can be ground for a contractor’s disqualification to bid in any DPWH project.

Finally, Mercado directed the DPWH implementing offices that during the bidding (procurement) process, the contractor must be made to submit at least the authenticated copies of the CFAs of completed projects prior to the issuance of the ‘notice of award.’

As an accredited anti-corruption watchdog at the DPWH, Batalla said they would ensure that all bidding participants and concerned public works officials are compliant with the directive of Mercado.

Mercado, former representative of Southern Leyte, was appointed acting public works secretary by Pres. Duterte last October 12, 2021, after Secretary Mark Villar resigned to run for the Senate.