Recognition of Civic Organization in the Prosecution of Community Improvement Projects.
Section 7
SEC. 7. Recognition of Civic Organization in the Prosecution of Community Improvement Projects.—Whenever the appropriation amounting to not more than fifteen thousand pesos for any project authorized in this and other Public Works Acts is released and made available for expenditure, wholly or partly, such project may be undertaken by administration or by negotiated contract by Civic Organization and Barrio Council, the provisions of listing laws or regulations to the contrary notwithstanding. When any such project does not require complicated of construction or highly specialized techniques, it shall be turned over to the Municipal Council for. execution preferably to be undertaken by the Barrio Council of the barrio where the project is located or awarded through a negotiated contract without the approval of the department head to the most concerned civic organization in the locality which has filed an application therefor in the manner herein provided. The application for undertaking such work shall be filed by the organization concerned with the District Engineer or his official counterpart, as the case may be, specifying, among other things the barrio-management program of work or the payment to be received for the work. After evaluating the offers and the terms proposed by the Barrio Council and/or the civic organization by comparing them with the corresponding program of work and estimate, the work on the project may be turned over to the Barrio Council for prosecution or awarded by the official concerned to the applicant civic organization through a negotiated contract for an amount not to exceed ninety percent of the cost of the work as originally estimated and programmed pursuant to Section five of this Act. In case two or more civic organizations offer to undertake the project, the official concerned shall award the contract to the organization offering the lowest quotation, determined by sealed bidding to be opened in the municipal building of the municipality where the project is located within ten days, but not earlier than seven days, after notice of such bidding is posted on the public Bulletin Board of said municipality: Provided, That in pre-qualifying bidders and awarding contracts, no bid nor performance bonds will be required: Provided, further, That the provisions of existing law to the contrary notwithstanding, the civic organization or Barrio Council undertaking any work mentioned in this Section shall be exempt from all taxes and impost relating thereto. The authority of the District Engineer or his official counterpart to undertake any work in the manner herein provided for shall be deemed to have been duly secured upon receipt by the Provincial or City Auditor of the official advice to the head of the bureau or office concerned to so prosecute the work. Under no circumstance shall the provisions of this section be construed to deprive the District Engineer or his official counterpart, as the case may be, of his supervisory control over any of the projects referred to in this section nor to relieve him of any responsibility, administrative or otherwise, for any defect in procedure, control or technical surveillance, resulting in waste of money, destruction of, or damage to, property or lowering of engineering standards. In cases where the work is prosecuted by administration of the Barrio Council through negotiated contract with a civic organization, the District Engineer, or his counterpart, may not charge against the fund of the project any expense for inspection by him or his assistant but he may designate as his representative and assign to the project as worker-inspector any competent craftsman whose compensation and travel expenses for the duration of the assignment shall be chargeable against the funds of the project but not against the contract and shall not exceed two percent of the Barrio Council estimate or of the contract price. The District Engineer, or his official counterpart, may make any other suitable arrangement to enable him to maintain supervisory control over the project without however exceeding the compensation limitation herein imposed.