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Republic of the Philippines

Government Procurement Policy Board

RESOLUTION NO. 28 – 2014

REQUEST OF DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH)

RELATIVE TO CONSTRUCTION SAFETY AND HEALTH PROGRAM

WHEREAS, under Section 63(a) of Republic Act (RA) No. 9184 and its revised
Implementing Rules and Regulations (IRR), the Government Procurement Policy Board (GPPB)
is mandated to protect national interest in all matters affecting public procurement, having due
regard to the country’s regional and international obligations;

WHEREAS, Article 162 of Presidential Decree 442, otherwise known as the Labor Code
of the Philippines, provides that the Secretary of Labor and Employment shall, by appropriate
orders, set and enforce mandatory occupational safety and health standards to eliminate or reduce
occupational safety and health hazards in all workplaces and institute new, and update existing,
programs to ensure safe and healthful working conditions in all places of employment;

WHEREAS, Department of Labor and Employment (DOLE) Department Order (DO)

No. 13 Series of 1998, dated 23 July 1998, entitled Guidelines Governing Occupational Safety
and Health in the Construction Industry was issued to implement the mandate of Article 162 of
the Labor Code of the Philippines and requires that every construction project shall have a
suitable Construction Safety and Health Program (CSHP);

WHEREAS, Section 37.2.3(g) of the IRR of RA 9184 provides that the CSHP approved
by the DOLE shall form part of the contract between the winning bidder and the Procuring
Entity;

WHEREAS, on 29 September 2014, the Government Procurement Policy Board –

Technical Support Office (GPPB-TSO) received from the Honorable Rogelio L. Singson,
Secretary of Department of Public Works and Highways (DPWH), a proposal to amend the
provisions of Section 37.2.3(g) of the IRR of RA 9184 by excluding an approved CSHP as part
of contract documents, and instead, recognizing this as a requirement in claiming initial progress
payment under Section 5, Progress Payment of Annex E of the revised IRR of RA 9184;

WHEREAS, DPWH reasoned that an approved CSHP is more of a requirement in

contract implementation rather than in contract perfection, and allowing its submission at a later
time will provide the winning bidder a longer period to secure a CSHP duly approved by the
DOLE;

WHEREAS, meantime that the request is being resolved, Secretary Singson issued
DPWH DO No. 98 Series of 2014, dated 17 September 2014, allowing the contractor to submit
only a copy of the CSHP duly received by the DOLE prior to contract approval, provided that the
approved CSHP should be submitted during contract implementation stage but not later than the
date the contractor files claim for advance payment or first progress billing;

WHEREAS, during the initial review of the GPPB-TSO, the following documents
pertaining to the approval of CSHP were evaluated:

1. DPWH DO No. 56 Series of 2005, dated 20 April 2005, entitled Guidelines for the
Implementation of DOLE DO No. 13 Series of 1998 on Occupational Safety and
Health in Construction Industry, which provides that CSHP shall be in accordance
with DOLE DO No. 13 Series of 1998 and the winning bidder shall submit the same
for approval of the DPWH, subject to concurrence by DOLE-BWC;

2. Joint Administrative Order No. 1 Series of 2011, dated 29 April 2011, issued by
DOLE, DPWH, Department of Trade and Industry-Construction Manpower
Development Foundation-Philippine Constructors Association Board, (DTI-CMDF-
PCAB), Department of the Interior and Local Government (DILG) and Professional
Regulation Commission (PRC), and promulgated pursuant to the Inter-Agency
Memorandum of Agreement on 07 April 2011, which provides that the DOLE
Regional Offices shall approve/disapprove the proposed CSHP submitted by the
contractor within five (5) days upon receipt of the complete requirements;

3. DOLE Administrative Order No. 152 Series of 2011, dated 26 April 2011, which
decentralized the approval of CSHP to DOLE Regional Offices by providing that the
evaluation and approval of application for CSHP of a specific construction project
shall be within the jurisdiction of the concerned DOLE Regional Offices; and

4. DOLE Memorandum, dated 17 July 2014, which prescribes the procedure in the
evaluation of CHSP of contractors engaged by DPWH pursuant to DPWH DO No. 56
Series of 2005 and restates the preliminary authority of DPWH to approve the CSHP
of its winning contactors, subject to review and concurrence of DOLE Regional
Office, and reminding the DOLE Regional Offices to strictly observe the prescribed
five-day process cycle time.
 WHEREAS, during the Joint GPPB and IATWG Meeting held on 31 October 2014, the
GPPB deferred resolution on the matter and instead agreed to set a meeting with the
representatives of DPWH, DOLE, and GPPB-TSO to discuss the matter further;

WHEREAS, on 18 November 2014, the GPPB-TSO met with the representatives from
DPWH and DOLE to discuss the request of DPWH in relation to the approval of CSHP;

WHEREAS, DPWH DO No. 98 Series of 2014 was superseded by DPWH DO No. 129
Series of 2014, which authorizes the DPWH Heads of the Procuring Entity (HOPEs) to approve
CSHP of winning bidders pursuant to DPWH DO No. 56 Series 2005, subject to the concurrence
of the DOLE and allowing the use of such approved CSHP duly received by the DOLE as basis
for the processing and approval of contract, but no claims by the contractor (advance payment or
first billing) shall be processed and paid without the submission of the approved CSHP duly
concurred by the DOLE;

WHEREAS, after due deliberation and careful review, taking note of the request of
DPWH vis-a-vis the mandate of the Labor Code of the Philippines and the existing
administrative issuances that will facilitate the approval of CSHP by DOLE, the members of the
GPPB, during the Joint GPPB and IATWG Meeting on 5 December 2014, resolved to maintain
the current provisions of Section 37.2.3(g) of the IRR of RA 9184;

NOW, THEREFORE, for and in view of all the foregoing, WE, the Members of the
GOVERNMENT PROCUREMENT POLICY BOARD, by virtue of the powers vested on US
by law and other executive issuances, hereby RESOLVE to confirm, adopt, and approve, as WE
hereby confirm, adopt, and approve the following:

1. MAINTAIN the current provision of Section 37.2.3 of the IRR of RA 9184 which
includes Construction Safety and Health Program approved by DOLE as part of
contract documents; and

2. RECOGNIZE the administrative issuances of DPWH and DOLE, which allows the
DPWH to have preliminary authority to approve the Construction Safety and Health
Program (CSHP) of the winning bidder to be concurred in by DOLE, without
prejudice to similar arrangements that may be entered into between DOLE and other
government agencies, subject to the necessary capacity building mechanisms relative
to the approval of the CSHP.

This Resolution shall take effect immediately.

APPROVED this 5th day of December 2014 at Pasig City, Philippines

(Sgd.)
__________________________________ ___________________________________
DEPARTMENT OF BUDGET AND NATIONAL ECONOMIC AND
MANAGEMENT DEVELOPMENT AUTHORITY

(Sgd.)
__________________________________ ___________________________________
DEPARTMENT OF EDUCATION DEPARTMENT OF ENERGY

(Sgd.)
__________________________________ ____________________________________
DEPARTMENT OF FINANCE DEPARTMENT OF HEALTH

(Sgd.)
__________________________________ ___________________________________
DEPARTMENT OF THE INTERIOR DEPARTMENT OF NATIONAL
AND LOCAL GOVERNMENT DEFENSE

(Sgd.)
__________________________________ ___________________________________
DEPARTMENT OF PUBLIC WORKS DEPARTMENT OF SCIENCE AND
AND HIGHWAYS TECHNOLOGY

(Sgd.)
__________________________________ ___________________________________
DEPARTMENT OF TRADE DEPARTMENT OF TRANSPORTATION
AND INDUSTRY AND COMMUNICATIONS

(Sgd.)
__________________________________
PRIVATE SECTOR REPRESENTATIVE

Attested by:

(Sgd.)
__________________________________
DENNIS S. SANTIAGO
Board Secretary, GPPB
Executive Director, GPPB-TSO