NPM 119-2013

Requesting Entity: Bases Conversion and Development Authority (BCDA)

Issues Concern: Additional Deliverables in an Existing Design Consultancy Contract



Whether BCDA could revise and include additional deliverables to its existing design consultancy contract.

BCDA may revise the existing design contract to include additional deliverables, provided, however, that such revision will entail no additional payment or cost on the part of the procuring entity.

Section 61.1 of the revised Implementing Rules and Regulations (IRR) of Republic Act No. (RA) 9184 provide that all bid prices shall be considered as fixed prices, and therefore not subject to price adjustment and escalation during the contract implementation. Moreover, Section 2 of Annex "F" of the IRR of RA 9184 reiterates the principle that all consultancy contracts shall be fixed price contracts and any extension of contract time shall not involve any additional cost. Lastly, Clause 55.6 of the General Conditions of Contract of the Philippine Bidding Documents for the Procurement of Consulting Services provides that no additional payment for variation order, if any, shall be allowed for the consultancy contract.