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PROHIBITIONS & EXEMPTIONS FOR DPWH

PROJECTS IN RE: 2016 NATIONAL ELECTIONS


PROHIBITION :
(based on Comelec Resolution No. 9981 dated August 18, 2015)

MARCH 25 TO MAY 8, 2015 ELECTION BAN PERIOD for:


1. Construction of public works, delivery of materials for public works and issuance of
treasury warrant or similar devises for a future undertaking chargeable against public
funds.
2. Release, disbursement or expenditures of public funds.
THEREFORE
NO notices of award, whether through public bidding or any of the alternative modes of
procurement, may be issued for public works during this election ban period.
CLARIFICATION
While public bidding for public works may be conducted, the procuring entity should withhold
the issuance of the Notice of Award within said period.

MARCH 25 TO MAY 08, 2015


(Election Ban Period)
EXEMPTION:
(Note: No Comelec Resolution issuance yet for 2016 National Elections but this is
based on the guidelines of Comelec Resolution No. 9585 dated December 18, 2012
for the 2013 Elections)

Procurement for any of the following public works is ALLOWED subject to


COMELECs reportorial requirements:
1. Maintenance works
2. Contract entered into or awarded before election ban
3. Preparatory works
4. Emergency works
5. Ongoing projects
6. Similar projects under foreign agreements

MARCH 25 TO MAY 08, 2015


(Election Ban Period)
Maintenance Works:

Maintenance of existing and/or completed public works


projects; provided that NO additional laborers shall be
employed.

Only the average number of laborers or employees


employed during the six (6) month period immediately prior
to March 25, 2015 shall be permitted to work during such
time.

MARCH 25 TO MAY 08, 2015


(Election Ban Period)
Contract entered into or awarded before
election ban:
Notices of award, whether through public bidding or any
of the alternative modes of procurement, issued before
March 25, 2015.
PROVIDED that such award was reported to the COMELEC.

MARCH 25 TO MAY 08, 2015


(Election Ban Period)
Preparatory Works:
Payment for the usual cost of preparation for working
drawings, specifications, bills of materials, estimates, and
other procedures preparatory to actual construction.
This includes the purchase of materials and equipment
and all incidental expenses for wages of watchmen and
other laborers employed for such work in the central
office and filed storehouses before March 25, 2015.

MARCH 25 TO MAY 08, 2015


(Election Ban Period)
Emergency Works:
Emergency works necessitated by the occurrence of
a public calamity, but such work shall be limited to
the restoration of the damaged facility.

MARCH 25 TO MAY 08, 2015


(Election Ban Period)
Ongoing Projects:
Ongoing public works commenced before March 25,
2015,
PROVIDED that such project was reported to the
COMELEC

REPORTORIAL REQUIREMENTS
for the EXEMPTION from the
Election
Ban
Period
On or before March 25, 2015, the Head of the Procuring Entity SHALL submit to
the COMELEC in MANILA through its regional election directors/provincial
election supervisors/election officers the following documents:
1. Certified List of ALL ongoing public works projects commenced before March
25, 2015 with the attached certified true copies of the Notices of Award,
Contracts and Notices to Proceed;
2. Certified List of similar ongoing projects under foreign agreements
commenced before March 25, 2015; and
3. Certified List of ALL public works to be undertaken by contract through public
bidding held or by negotiated contract that are AWARDED before March 26,
2015 together with the attached certified true copies of the Board Resolution
for the issuance of Award and Notices of Award.

REPORTORIAL REQUIREMENTS
for the EXEMPTION from the
Election
Ban
Period
CLARIFICATION:
1. The Board Resolution for the Issuance of Award must
clearly state that the procurement was done through
PUBLIC BIDDING or NEGOTIATED PROCUREMENT.
2. Work undertaken by administration or the so-called
takay or pacquiao system shall not be considered as
work by contract.
3. If there are no projects to be requested for exemption such
as an ongoing project or awarded project, please indicate
this in the cover / transmittal letter to COMELEC.

PENALTY FOR NON-COMPLIANCE


Any violation shall constitute an ELECTION
OFFENSE
and
shall
be
punishable
by
imprisonment of not less than
one (1) year but not more than six (6)
years, among other penalties provided for by
law.