Requesting Entity: Provincial Local Government Unit of Ifugao - CAR
Issues Concern: Design and Build Infrastructure Project
Clarification on the seemingly contradictory provisions on the submission and evaluation of detailed engineering requirements provided in Section 17.6 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184 and Section 8 of Annex "G" of the IRR of RA 9184.
Under regular circumstances, detailed engineering investigations, surveys and designs are conducted by the Procuring Entity or the duly authorized representative. Therefore, this condition must be completed first by the concerned government agency so that interested bidders are apprised of the project requirements. The exception to this rule is when the project involves a design and build scheme wherein bidders are expected to provide the design of the infrastructure project and construct the same. In this situation, the responsibility of developing the detailed engineering requirements is transferred to the bidders. As such, the second paragraph of Section 17.6 provides bidders the option to submit the detailed engineering requirements as part of its bid.
x xx Section 17.6 allows bidders the option to submit the detailed engineering requirements as part of their bids; and Annex "G" of the IRR clarifies that in case the bidder opts not to submit the detailed engineering requirements as part of its bid, it must do so upon award of the design and build contract.
[T]here is no conflict between Section 17.6 of the IRR of RA 9184 and Section 8 of Annex "G" of the same IRR. Section 17.6 of the IRR provides the general rule and the exception thereto as regards submission of detailed engineering requirements.