MODULE IV

Variation Orders maybe issued by the procuring entity to cover any increase/decrease in quantities,  including the introduction of new work items that are not included in the original contract or  reclassification of work items that are either due to change of plans, design or alignment to suit actual  filed conditions resulting in disparity between the preconstruction plans used for purposes of bidding and the “as-staked plans” or construction drawings prepared after a joint survey by the contractor  and the Government after award of the contract, provided that the cumulative amount of the positive  or additive Variation Order does not exceed _____________.

No extension of contract time shall be granted to the contractor:

 

i. Due to ordinary unfavorable weather conditions

ii. Due to inexcusable failure or negligence of contractor to provide the required equipment, supplies or materials.

iii. When the reason given to support the request for extension was already considered in the determination of the original contract time during the conduct of detailed engineering and in the preparation of the contract documents as agreed upon by the parties before contract perfection

iv. Road Right of Way Problem

Under no circumstances shall a contractor proceed to commence work under any Change Order or Extra Work Order unless it has been approved by the Head of the Procuring Entity or his duly authorized representative. However, under any of the following conditions, the procuring entity’s representative/Project Engineer may, subject to the availability of funds and within the limits of his delegated authority, allow the immediate start of work under any Change Order or Extra Work Order:

 

i. In the event of an emergency where the prosecution of the work is urgent to avoid detriment to public service, or damage to life and/or property; and/or

ii. When time is of the essence;

 

Provided, however, that such approval is valid on work done up to the point where the cumulative increase in value of work on the project which has not yet been duly fully approved does not exceed ____ of the adjusted original contract price;

 

Provided, further, that immediately after the start of work, the corresponding Change Order or Extra Work Order shall be prepared and submitted for approval in accordance with the above rules herein set. Payments for works satisfactorily accomplished on any Change Order or Extra Work Order may be made only after approval of the same by the Head of the Procuring Entity or his duly authorized representative.

 

Provided, finally, that for a Change Order or Extra Work Order involving a cumulative amount exceeding ____ of the original contract price, no work thereon may be commenced unless said Change Order or Extra Work Order has been approved

The contractor or its duly authorized representative shall have the right to suspend work operation on any or all projects/activities along the critical path of activities after fifteen (15) calendar days from date of receipt of written notice from the contractor to the district engineer/regional director/consultant or equivalent official, as the case may be, due to the following:

 

i. There exist right-of-way problems

ii. Requisite construction plans which must be owner-furnished are not issued to the contractor.

iii. Peace and order conditions make it extremely dangerous, if not possible, to work.

iv. There is failure on the part of the procuring entity to deliver government-furnished materials and equipment as stipulated in the contract.

v. Delay in the payment of contractor's claim for progress billing beyond forty-five (45) calendar days