NPM No. 131-2015

Requesting Entity: Manila International Airport Authority (MIAA)

Issues Concern: Additional Payment for Extension of Contract for Consulting Services



Whether payment of additional compensation for extended services of consultants due to causes out of their control, such as inclement weather among others, is allowed under procurement rules.

Section 2 of Annex "F" of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 expressly provides that all consultancy contracts shall be fixed price contracts and any extension of contract time shall not involve any additional cost. x x x. Section 2 of Annex "F" is clear and does not provide any exceptions to the fixed price contract concept. Hence, following the principle of verba legis or plain meaning rule, where a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without any attempt to interpret.