DAR MEMORANDUM CIRCULAR NO. 15, S. 2013, August 22, 2013

REVISED GUIDELINES AND PROCEDURES GOVERNING LAND SURVEY BY CONTRACT

National Administrative Register August 22, 2013
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This circular governing the implementation of survey by contract of
lands covered under the Comprehensive Agrarian Reform Program (CARP) is
hereby issued:

I. COVERAGE

These guidelines shall apply to the survey of lands covered under
the Comprehensive Agrarian Reform Program (CARP) for implementation by
contract including, but not limited to survey works such as subdivision,
segregation and perimeter land use mapping.

II. POLICY STATEMENTS

2.1
Forest reserves, communal
forests, or other government civil or military reservations are excluded
from the scope of Department of Agrarian Reform (DAR) survey projects.
Any survey undertaken within these reservations shall not be paid for by
the Department.
   
2.2
As a general rule, only those landholdings
that are within the coverage of CARP pursuant to RA 6657, as amended by
RA 9700 and covered by approved Requisition for Survey Services (RSS)
pursuant to Memorandum Circular No. 1, Series of 2008[1] and Administrative Order No. 7, Series of 2011[2]
shall be moduled and bidded to survey contractors. However, in case the
DARPO concerned is having difficulty in the research of technical data
needed in the correction of defective technical descriptions, a survey
project module composed of landholdings with this problem may be bidded
but at a higher cost parameter to account for additional expenses that
would be incurred in research.
   
2.3
The bidding of DAR survey projects shall be
in accordance with R.A. 9184 also known as “The Government Procurement
Reform Act of 2003” and its Implementing Rules and Regulations.

III. GUIDELINES AND PROCEDURES

3.1 Preparation of Survey Project Module
     
 
3.1.1
In accordance with
section B.1.4 of MC No. 1, Series of 2008, and Sections II.D.1 and
II.D.2 of the Operations Manual of AO No. 7, s. 2011, survey project
module which consists of landholdings with approved RSS shall be
prepared taking into consideration the provincial LTI programs and
targets pursuant to RA 9700. Separate survey modules shall be prepared
for new lands and collective CLOAs.
     
 
3.1.2
To effect facility and economy
in the survey operations, each survey module as much as possible shall
be limited to land holdings which are adjacent to each other, or located
in the same barangay or within the same municipality.
   
3.2
Calculation of Approved Budget for the Contract (ABC)
     
 
3.2.1
The DAR Provincial Geodetic
Engineer and the DAR Regional Geodetic Engineer shall prepare separate
estimates of the cost of the survey project module. The average of the
provincial and regional estimates shall be recommended to the Provincial
Agrarian Reform Officer (PARO) as the Approved Budget for the Contract
(ABC) for a particular survey project module. In case the DAR Provincial
Office (DARPO) has no Geodetic Engineer, one of its engineers involved
in survey implementation can prepare the provincial estimate.
     
 
3.2.2
In addition to activity
costing, factors such as project location, accessibility and
availability of transport, nature of terrain and other factors that may
affect field operations shall be included in estimation of the ABC.
     
 
3.2.3
The cost of survey contract
shall be computed using the form presented in Annex A and the contract
duration shall be determined based on the parameters enumerated in Annex
B.
     
 
3.2.4
The proposed budget once
approved by the PARO shall be adopted as the Approved Budget for the
Contract (ABC) for that particular survey project module. The ABC shall
at all times be within the allocated Provincial budget for surveys.
   
3.3
Bids and Awards Committee
   
 
The DARPO Bids and
Awards Committee (BAC) shall assist the PARO in the procurement of
services of survey contractor with functions and responsibilities in
accordance with Article V of RA 9184. The Regional Geodetic Engineer
shall be a mandatory member of the BAC in the bidding of survey
projects.

IV. QUALIFICATIONS AND DISQUALIFICATIONS OF
PARTICIPANTS/SURVEY CONTRACTORS

4.1
Participation in public bidding
for CARP Survey Projects shall be open to all duly registered and
licensed Geodetic Engineers (G. E.) as well as Corporations,
Partnerships, Joint Venture Arrangements and Cooperatives authorized to
engage in the business of land surveying and mapping.
   
4.2
The following are grounds for disqualification from participation in the public bidding of CARP Survey Projects:
     
4.2.1
For Individual GE Contractor
       
a.
One presently employed in the government service.
b.
One who has been declared as a
contractor of not in good standing by the DENR, DAR, NIA, LRA, or other
government agencies contracting survey projects.
c.
One whose CARP survey contract has been
abandoned, rescinded or terminated due to his/her/its fault or
negligence as determined by the PARO. Abandonment means the deliberate
intention on the part of the GE not to continue executing the project in
accordance with the contract without valid reasons.
d.
One who refused or failed to complete
correction work within the required time limit. However, a Geodetic
Engineer who submitted the corrected work beyond the time limit
required, but such work was approved by the Regional Technical Director
concerned before the bidding, may still be allowed to participate.
     
4.2.2
Partnerships, Corporations,
Joint Venture Arrangements and Cooperatives falling under the category
of GE contractor enumerated under Section 4.2.1 above are also
disqualified to participate in the bidding of CARP Survey Projects.
   
4.3
The qualifications/disqualifications criteria enumerated above may be included in the bidding documents.

V. BIDDING DOCUMENTS

Bidding documents shall be made available to all prospective
bidders at the DARPO on the date specified in the Invitation to Apply
for Eligibility and to Bid (IAEB) upon submission of Letter of Intent
and payment of a non-refundable fee of One Thousand Pesos (Php1,000.00).

VI. EXECUTION OF WORK

6.1
Research and Pre-survey Verification
     
6.1.1
As soon as the Contractor receives the
notice of award, he/she shall immediately conduct research work in areas
where the technical documents could not be provided by the DAR.
     
6.1.2
After the research, in order to
ascertain the workability of the lots included in the awarded module,
the Contractor shall conduct presurvey verification which will include
the following activities:

  1. Technical review to determine if the lots are not
    problematic e.g. with open parcel, inconsistency in the areas per title,
    plan or technical description; and,
  2. Verification with the DENR-LMS as to land classification, overlapping with existing plans, etc.
6.1.3
After the research, the Contractor shall
prepare and submit the list of workable and problematic lots to the PARO
for approval and appropriate action based on the research and
verification made.
     
6.1.4
The PARO shall advise the Contractor to
proceed with the field survey of the workable lots and provide list of
lots as replacement of the problematic lots within two (2) days from
receipt of the list from the GE-contractor. The replacements shall have a
total area equal to or bigger than the areas of the problematic lots to
be replaced. In addition, the replacement lots shall have the same
location (barangay or municipal) and physical features of the replaced
lots.
   
6.2
Conduct of Initial “Pulong-Pulong”
     
6.2.1
The Contractor shall start the operation of
the survey project within five (5) days from the receipt of the advice
from the PARO to proceed with the field work of the workable lots and,
at the same time, the Contractor shall also conduct research and
verification of the replacement lots.
     
6.2.2
Before the start of field operations, the
MARO, upon receipt of the notice of the contractors schedule, shall
invite in writing the concerned Barangay Agrarian Reform Council (BARC),
Barangay Chairperson, tenant/beneficiaries and land owners to
attend a meeting known as the “initial pulong-pulong” The MARO shall
during the said meeting acquaint the concerned parties of their duties
and responsibilities during the survey. On the other hand, the
Contractor shall discuss his/her its work plan and timeframe to allow
the parties to adjust their respective schedules so that there will be
congruency in activities.

The Contractor shall establish a field office in
any convenient place within the Module coverage, which shall likewise be
made known to the PARO, MARO, the Barangay and BARC Chairpersons
concerned. The working place shall be maintained until the final pulong-pulong or upon certification from the MARO of its removal from the area.
6.3
Conduct of Field Works
     
6.3.1
After the initial “pulong-pulong”, the
Contractor shall relocate the boundary of the entire property and mark
all corners with the prescribed markers/monuments.
   
For LBP-Compensable Landholdings to be Issued With Individual CLOAs
     
6.3.2
After the relocation of boundary, the
Contractor shall conduct segregation survey of CARPable and non-CARPable
areas as well as the retention area of the landowner, if applicable, as
identified by the MARO or his/her designated representative. The
Contractor shall then prepare a segregation plan, which shall be signed
and submitted to the PARO including the technical descriptions of each
of the sub-lots printed on the segregation plan or on a separate sheet,
if necessary. The segregation plan, which shall be used as reference in
the conduct of the DAR-LBP joint field investigation, does not need
approval of the DENR.
     
6.3.3
After the segregation survey, the
contractor shall conduct subdivision survey of the CARPable areas in the
presence of the DAR representative and the beneficiaries. In case the
landholding is occupied by the beneficiaries, the subdivision survey
should only start after the monuments are properly set as agreed upon by
the adjoining beneficiaries.
   
For LBP-Compensable Landholdings to be issued With Collective CLOAs
     
6.3.4
After the relocation of boundary, the
Contractor shall conduct segregation survey of CARPable and non-CARPable
areas as well as the retention area of the landowner, if applicable, as
identified by the MARO or his/her designated representative. The
Contractor shall then prepare a segregation plan including the technical
descriptions of each of the sub-lots shown on the segregation plan or
on a separate sheet, if necessary. Advance copy of the segregation plan
together with the technical descriptions signed by the GE-contractor
shall be provided to the PARO to be used as reference in the conduct of
the DAR-LBP joint field investigation. Under this case, the segregation
plan shall require approval of the DENR.
   
For Non-Compensable Landholdings and Subdivision of Collective CLOAs
     
6.3.5
After the relocation of boundary, the
Contractor shall conduct monumenting of the areas awarded/claimed by the
beneficiaries, preferably in the presence of the latter and DAR
representative. Thereafter, the lot survey shall be conducted. Under no
condition should the lot survey start before the monuments are properly
set as agreed by the beneficiaries.
   
6.4
Preparation-of Survey Returns and Conduct of Final “Pulong-Pulong”
     
6.4.1
Immediately after completion of actual
field survey, the Contractor shall do lot data computations, preferably
in the field. This is accordingly plotted on B.L. Form No. 700-V-A.
After plotting, the resultant survey plan shall be presented to the
farmer-beneficiaries, DAR representative and other officials in the
final pulong-pulong for their information and confirmation. Should there
be any error/mistake found, the contractor shall immediately cause the
correction of the same.
     
6.4.2
After the “final pulong-pulong”, the Contractor shall immediately prepare complete survey returns and submit the same to the PARO.
     
6.4.3
The PARO shall review the survey returns and if found, complete and in order, submit it to the DENR-LMS thru the DARRO.
     
6.4.4
The DARRO shall conduct preliminary review
and verification as to completeness of the requirements and correctness
of the computations, plans and other technical data in accordance with
prescribed standards, and endorse the SRs to the DENR-LMS within three
(3) days of its receipt from the PARO.

VII. VERIFICATION AND APPROVAL OF SURVEY RETURNS

The procedures in the verification and approval of survey
returns endorsed by the DARRO to the DENR-LMS shall be in accordance
with Section I of the Joint DAR-DENR Memorandum Circular No. 17, Series
of 2004.

VIII. SURVEY FINAL OUTPUTS

Upon approval of the survey returns, the following shall be submitted by the contractor to the PARO:

  1. Two (2) sepia copies and six (6) certified white print copies of the duly approved subdivision plan;
  2. Six (6) certified copies of LMS-approved lot descriptions and narrative technical descriptions; and,
  3. One (1) electronic copy on CD of approved survey plan, lot
    descriptions, narrative technical descriptions and lot data
    computations.

IX. CONTRACT PRICE AND PAYMENT SCHEDULE

9.1
Payment of the contract price shall be made to the contractor in accordance with the following schedule:
     
a.
Fifteen percent (15%) of the contract price as Mobilization Fee upon signing of the contract
     
b.
Twenty five percent (25%) of the contract
price upon certification of the Regional Technical Director of DENR or
his authorized representative as to acceptability of survey returns for
verification and certification of the PARO as to completion of all field
and office works including the complete monumenting of all lot corners
of lands in the project.
     
c.
Sixty percent (60%) of the contract price,
after the final approval of the complete survey returns and presentation
of the required outputs enumerated in Section XVI hereof.
   
9.2
A ten percent (10%) retention
for every collection/payment shall be withheld to take care of any
contingency, such amounts shall be released and paid to the contractor
forty five (45) days after the submission of all documents as provided
for under Section X provided that there are no valid complaints on
record filed with the DARPO against the contractor or regarding the
manner of execution of the module project.

X. ADJUSTMENT OF CONTRACT PRICE DUE TO CHANGES IN AREA

Areas in hectares as specified in the survey contract are only
approximations. The list of landholdings for survey is subject to change
or replacement if the actual situation or condition requires. If during
the execution of the survey work, it is found that a disparity exists
between the area appearing in the actual survey as against the estimated
area in hectares; it is the duty of the contractor to immediately
submit a written report on such difference to the PARO who shall direct
field verification on the matter. In case findings show an increase in
area, the contractor shall submit to the PARO for his/her/its request
for an authorization to survey the additional area and the corresponding
application for a contract price adjustment.

10.1
In case there is an increase
in the area, a supplementary contract shall be drawn with a unit cost of
seventy-five percent (75%) of the original unit cost of the module,
provided that the total adjustment cost shall not be equal to or more
than the original contract cost.
   
10.2
In case the final area is less than that in
the contract and there are no more additional areas which can be
substituted to fill in the shortage within ten (10) days from completion
of the project, payments to the contractor shall be made promptly for
the work actually accomplished using the following formula:

Payment Due = Unit Price/Ha. X number of hectares X the percentage of payment being collected

XI. PROJECTION INSPECTION

The PARO or his authorized representative shall supervise the
operation of the GE contractor, and shall issue instruction from time to
time, as may be deemed necessary for the proper execution of the
project. Likewise the PARO or his authorized representative shall verify
fieldworks done by the contractor through the conduct of field
inspection and review of records such as sketches, maps and
computations, among others, furnished by the Contractor free of charge.

XII. OTHER INSTRUCTIONS

The MARO shall ensure constant availability of its duly
authorized representative during the actual execution of the field
survey.

XIII. NATURAL ELEMENTS IN SURVEY CONTRACTS

All the terms and conditions stipulated herein
shall be deemed part and parcel of any and all contracts that may be
entered into by any individual G. E. contractor, Corporation,
Partnership, Joint Venture Arrangements or Cooperatives for CARP survey
projects.

This Memorandum Circular shall take effect immediately.

(SGD) VIRGILIO R. DELOS REYES

Secretary

[1] Revised Rules and Procedures on Requisition, Approval and Monitoring of Survey Services.

[2] Revised Rules and
Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (RA) No. 665, as Amended.

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