Requesting Entity: Province of Compostela Valley
Issues Concern: Variation Orders in Light of Republic Act 9184 and its Implementing Rules and Regulations Part A
Whether or not the provisions of Republic Act 9184 (R.A. 9184) and its Implementing Rules and Regulations Part A (IRR-A) on Variation Orders apply to contracts awarded prior to its effectivity.
In view of the above-quoted provision (Section 77, IRR-A, R.A. 9184), it is apparent that notwithstanding the passage of R.A. 9184 and its IRR-A prior procurement laws, rules and regulations still govern the procurement and implementation of certain government contracts, if the advertisement or invitation for bids were issued prior to the effectivity of R.A. 9184 or its IRR-A.
Accordingly, prior to the effectivity of R.A. 9184 and its IRR-A, the implementation of infrastructure projects were governed by Presidential Decree 1594 (“P.D. 1594”) and its Implementing Rules and Regulations (“IRR”). As such, considering the facts and representations, we are of the opinion that your Province may apply the provisions of P.D. 1594 and its IRR for the implementation of variation orders necessary for the completion of the said project.