REQUIRING COMPLIANCE WITH COMPETITIVE BIDDING REGULATIONS AND ADOPTION OF UNIFORM GENERAL TERMS AND CONDITIONS IN CASE OF CERTAIN GOVERNMENT AND PRIVATE CONTRACTS.

WHEREAS, for the implementation of the Government’ s
priority, industrial programs, competitive bidding is essential to ensure hat
only the most suitable and cost efficient industrial plant and technology are
acquired and that the foreign exchange reserves of the Philippines are prudently
utilized in the acquisition of such plants and technology and not diverted to
authorized or illegal uses;

WHEREAS, uniform general terms and conditions of contracts,
carefully designed for the optimum protection of the interests |f the owner of
the project, should be very useful means for the coordinated and efficient
implementation of the Government’s priority industrial programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Republic of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree as part of the law of the land the
following:

SECTION 1. All contracts, with a total value exceeding $5
million, proposed to be entered into by the Government for the design,
procurement or manufacture, installation, testing and commissioning of
industrial plants, or any part thereof, shall be awarded only after compliance
with competitive bidding regulations to be issued and promulgated by the
Ministry of Industry, after approval of the President of the Philippines.

SEC. 2. All contracts referred to in Section 1 hereof hall,
in addition, incorporate as integral parts thereof uniform general terms and
conditions designed to secure optimum protection of the interests of the
Government as owner of the industrial project concerned, and the realization of
such project in the most efficient and economical way possible. Such general
terms and conditions may, however, be modified on a contract-to-contract basis
by the addition of such particular terms and conditions as may be reasonably
necessary in the light of the specific features of an individual industrial
project and the financial and commercial circumstances surrounding such project.
The Ministry of Industry shall issue and promulgate, with the approval of the
President of the Philippines, one or more sets of uniform general terms and
conditions to be incorporated in differing prevailing types of contracts
including, without limitation, lump sum turnkey contracts with or without an
escalable loca1 currency component, and cost-plus contracts.

SEC. 3. For purposes of this Decree, “Government” shall mean
the Government of the Republic of the Philippines, but shall include ministries,
bureaus, offices, commissions, agencies or instrumentalities thereof, and
government-owned or controlled corporations as well as subsidiaries or
affiliates thereof, whether exercising proprietary or govermental functions or
otherwise, and whether acting on their own or in joint venture with the private
sector.

SEC. 4. The provisions of this Decree shall apply not only
to contracts to be entered into by the Government, but also to contracts to be
entered into by private persons or Entities where financing or financial
guarantees for the projects concerned are obtained from the Government.

SEC. 5. All contracts which are subject to the Provisions of
this Decree, but which are entered into without Compliance with competitive
bidding regulations in effect, or without incorporating; the applicable general
terms and conditions, shall be disapproved by responsible officials, and if such
contracts are nonetheless approved by such government officials, shall be
unforceable as against the Government, or the local private contracting party,
as the case may be, without prejudice to the application of penalties provided
by law against the responsible government officials.

SEC. 6. All provisions of existing laws, decrees, order;
letter of instructions, administrative issuances, rules or regulations
inconsistent with the provisions of this Decree are hereby repealed or modified
accordingly.

SEC. 7. This Decree shall take effect ten (10) days after
the publication in the Official Gazette or in a newspaper of general circulation
in Metropolitan Manila, whichever comes earlier, of (a) the competitive bidding
regulations referred to in Section 1 hereof; and (b) with respect to the
particular type or types of contracts concerned, the uniform general terms and
conditions of contract referred to in Section 2 hereof.

Done in the City of Manila, this 11th day of January, in the year of Our Lord
nineteen hundred and eighty-one”.

			(Sgd.) FERDINAND E. MARCOS President of the Philippines
	By the President:
	(Sgd.) JOAQUIN T. VENUS, JR.
		Deputy Presidential Executive Assistant