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Republic of the Philippines DEPARTMENT OF TTIEINTERIOR AT.

ID TOCAL GOVERNMENT OFTTTE PRESIDENTIAL OFFICE ADVISER ON fiIE PEACE PROCESS CircularNo.0! DatedJan. 11.Series of 2013 foint Memorandum

TO

(CA& fV-,{' fV-B, V, VI, VII, VIII, D(, X )C, REGIONALDIRECTORS )OI, )O$; GO\aERNORS, W MAYORS, DILG PROVINCIAL and CITY DIRECTORS,CLGOOg and MLGOG OF PAIvIANAFT]ND LGUs; A}ID, ALL OTHERS CONCERNED PAI&{NA- DILG FTJI{D

srJBIECr: SUPPI,EMENTAL GT,IIDEIJNES FORTIIE MANAGEMENT OF THE

The DILG-OPAPP |oint Memorandum Circular No. 01, Seriesof 2012 RE: GUIDELINES IN THE MANAGEMB{T OF THE PAyapa.at tvlAsagananag Pamayat.IAnor PAMANA DILG-FIJND was issuedon March 28,2012. To better respondto emergingissuesand varying situations in the covered areas,SupplementaryGuidelines are hereby iszuedto ensurethe smooth implementation of the PAIvfANA-DILG Fund.

1.0zuGrBrE PROIECIS
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Pillar 3, which is beiag funded by the PAMANA-DILG Fund for 2012, covers sub-regional or regiond proiects or those that create high impacts and interconnectivity in the target areas. Community-basedprojects zuch asDayCare Centers, School Buildiug;s, I-evel-l Water Supply Sptems are thus considered as non-eligible proiects under the PAMANA-DILG Fund and should be appropriately proposedunder Prllar 2 of the PA\dANA Program. the eligibleprojects for which PAIvIANA-DILG Fuad may fu utilized: 1.2.1 As one of the sourcesof subsidy for LGU projects funded from other sources(i.e. ODA" other National Government Agencies, GFI lonns), with similar objectives, e.9., those that are included in the peaceand developmentagmda of the LGU: 1.2.1.1The PAMANA-DILG Fund may be usedonly ro fina"ce at most 5096 of the counterlrart requiremmt from tbe LGU. For example, if the Total Project Cost is Php 200.0M, the counterpart requirement is 109o of the Total Project Cost or equivalent ro Php 20.0M, the PAIvIANA-DILG Fund contribution should nor be more than Php 10.0M.

t.2 Clarifrcation oa Anas B" Item F of MC No. 1, seriesof 2012 vlhich contaias

L.z.l.zlf the proposed utilization of PAMANA-DILG Fund srceedsthe above threshold, tlie LGU slguld be able to clearly present a justification to be reviewed by the RegionaVProvincial TechnicalWorking Group (R/PTWG)and endorsed to the DILG RegionalProjectManagement Team(RPMT),for approval. 1.2.1.3 LGU should submit five (5) copies of the approved project Feasibility Study (FS)/Project Proposal (PP) of the mother project indicating the estimated Total Project Cost and colrnterpart requirement, aswell as the proof of approval of the project, for reviednotation of the PTWG. The provisions of Section III.B.3 of |MC No. 1, seriesof 2Ol2 shall likewise be followed in the review and appraisalof the FSi?P. t.2.L.4 Utilization of the PAIvIANA-DILG Fund for zuch purposeshall be validated tfuough LGU submissionof Certificate of Statusof Funds (CSF),Statementof Receiptsand Disbursement(SORD), Disbursement Voucher (DV), checksand receipts iszued.Item 3.C.1of IMC No. l,1eries of 2012shall likewisebe followed. 1.2.2 In the financing of the Detdiled Engrneering Design(DED) cost of the project: L.2.2.1LGUs that do not have the capacityto or may not have the time or enoughpersonnelto undertake DED, shall be allowed to avail of the PAMANA-DILG Fund for the engagement of a consultant for DED preparation. 1.2.2.2 The DED Cost to be charged under PAIVIANA-DILG Fund should not be more than 3.0 o/o of the Total ProjectCost (TPC). Any excess shall be borne by the LGU. Cost for DED may be inclusive of preliminary surveys such as geo-resistivity tests on potential well sourcefor water supply project and other related necessary surveys for the development of the DED. t.2.2.3 LGUsthat have the capacityto undertakeDetailedEnginssring Design(DED) shoulddo soin-house,using their own resources. 1.3 For FY2012, eligible agricultural production-relatedAivelihood projects may include, in their project design,and in the computation of the total project cost, the cost for support training/capaciry building interventions that shall be consideredeligible for financing under the PAMANA-DILG Fund. 2.0 PRXPARATIONAND SIIBMISSTON OF PROIECTPROPOSAT AND SUPPORTTNG DOCUMENTS 2.I LGUs should submit five (5) copiesof the Project Proposals to the concerned DILG RegionaVProvincial Director asmay be appropriate,in consonance with the provisionsof SectionIII, Item B.2 of |MC No. 1, series 2012. of

2.2 Staning 2013, proposalsfor proiects that require multi-year fuodiog should be submittedas one proposalat the initial year-of implementation. Likewise,all supporting documents such as, plans and sketches, bills of materials and estimatedcosts,implementationperiod, costbreakdownper year, etc., shall be defined and shown in the appropriatedocumentsand submitted together with the project proposal.Review of multi-year projectsshall be at the RTWG level, regardless ofthe cost. 3.0 FUND ADMIMSTRATION 3.1 Ameadmeat oa SectionIII, sub-item C.2,item C (Fundfulmini<a'atioa) Releaseof Funds shall be done by the DBM direct to the DILG Regional Offices through their RegularAccounts (Fund 101),thus there is no need to opena Trust Account for the PAIvIANA-DILGFund Project. 3.2 Clarifrcation on SectionIII, sub-item C.3,item C (Fundfulministration) Recipient LGUs may opt to open a SpecialTrust Account for the PAIvLANADILG Fund to facilitate tracking of fund utilization, however, the LGU may alsouse their existingtrust acconntprovided that a separate subsidiaryledger shall be maintained. 3.3 Clarifrcatioa on Sectioa III, sub-item C.5 (Mechanicsfor Fuad Releases), item C (FundAdministration) : 3.3.1 Item C.5 stipulates that releaseof funds shall be done in two (2) tranches: 80.0olo for the initial releaseand 20.Wo for the final release. However, for LGUs that will avail of the 3.ff/o for DED preparation, funds will be releasedin three (3) tranchesasfollows: o lst trancheequivalentto 3.0olo of the Total ProjectCost(inclusiveof DED costs) o fnd tranche equivalent to 80.0olo of the Total Project Cost Qess of DED costs) o trd and last uanche equivalent to a maximum of 20.Wo of the ProjectAllocation. 3.3.2 In the caseof LGUs that would avail of the DED cost of 3.00,6 of the Total Project Cost,for infrastructure projects,the documentsrequired for the releaseof each tranche is listed under Aanex D-1, hereby attached. 3.3.3The last tranche shall be released basedon the Awarded Conuact Cost, but shall not be more than the lsneining balanceof the allocationfor the project.
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3.3.4 After releaseof the last tranche, any balancesfrom the total LGU allocation may be releasedto finance variation orders that will entail additional costs, or capacity building interventions supportive of the shall still be subjectto completedproject. Utilization of such balances the review of the RIPTWG and consequentapprovalby R/PPOC. 3.3.5 Further, utilization and liquidation of funds shall be subject to the provisionsof COA Circular 94-013-Series of 1994: The transferredfunds shall be taken up as"Due from LGUs-138" by the DILG and Due to NGAs-416by the LGUs; The check shall be issuedin the name of the LGU for deposit to its Trust Account in its authorizedGovernmentDepositoryBank. lfig LGU shall iszueits official receipt in acknowledgment; A separate subsidiaryrecord for each account shall be maintained by the LGU, whether or not a separate bank accountis opened.The LGU shall likewise maintain a zubsidiary ledger of the cash ransferred peftaining to Jhe proiect; The LGU shall liquidate the funds and submit to the DILG Regional Office concerned, either in printed or by the way of electroaic documents,separatequarterly reports on the liquidation of the said amount; \I/ithin 10 daysafter the end of the month, the LGU shall submit to DILG RegionalOffice concerned the Report of Checls Issued(RCI), (SORD),and Statementof Statementof Receipts and Disbursement kpenditure (SOE)to repoft the utilization of the funds. Only actual project expenses shall be reported.The reportsshall be approvedby the LocalChief Executive; The LGU Auditor shall audit the disbursementsout of the Tmst Account in accordance with existing COA Regulations; The LGU shall return to the DILG Regional Office concerned any unusedbalance upon completionof the projeca; The DILG Regional Office concerned shall obligate the allotment for the project to be implementedbasedon the adviceof allotment and/or memorandumof agreementor similar document; The DILG RegionalOffice concernedshall maintain a subsidiary ledger of the cash transferred pertnining to the proiect; keep separatesubsidiary records for the trust liability whether or not a separate bank accountis maingaingd; The DILG RegionalOffice concernedshall conduct periodic spot check on fund utilization, proper utilization of book of accounrs, and overall financial management of the LGU.

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4.0 IMPLEMENTATIONARRANGEMM{TS (PSC) 4.1PAMANADITG FundProjectSteering Committee


The National BarangayOperationsOffice (NBOO) of the DILG and the Program Development Unit (PD{l) of OPAPPshall serveasthe Secretariat of the PSC. 4.2 PAMANA-DIIG Fund National Proiect ManagementTeam QtIP}vfI) The NPMT shall include the NBOO with the designation of the NBOO as the Outcome Manager responsible for monitoring the DILGs Major Program Outcomeon "Safeand Conflict-FreeCommunities".

4.3 PAMANADILG Fund RegionalProject ManagementTeams(RPIvfTs) With the accountabiliry for fund releaselodged with the DILG RegionalOffices, the RPMTs, with DILG as chair, is also responsible for revalidating recommendations of the PPOC/RPOC, and shall subsequently conduct firrther review of approvedProiect Proposalsendorsedby the latter, prior to the release of the first tranche, to verify satisfactory compliance to all requirements. Likewise, all other requestsfor fund releases shall be reviewed by the RPMTs.

4.4 Municipalities / Gties asImplementing Partner 4.4.1Under SectionfV, item E (Local Govemments), the fMC providesthat the Provincial Government shall be the implementing partner of DILG and OPAPP. However, in situations wherein component cities/ municipalities have the capacity to implement, cities and municipalities may act asthe implementing partner provided that they have erctribited capacrtyto implement proiects through CompetitiueBidding. This is to be assessed by the concernedR./PTWG, which should be madepart of the project appraisalprocess, and revalidatedby the RPMT basedon the following parameters: o There are qualified personnelwho can managethe project . CitylMunicipalrty hasthe funds for the administrative costs . . City/I\dunicipaliry has previous experience in implementing similar projects Ciry/IMunicipaliry has the capacrtyto monitor and evaluate project implementation

o City/Municipality has the capacity and the funds to operate and sustainthe Project
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4.4.2 As an implementing partner, MOAs shall be forged benveen the concernedCiry/Itdunicipaliryand the_DILG RegionalOffice. Tripartite MOAwith the Provinceshall be encouraged. to 4.4.3 To streamlinethe fund flow, funds shall then be directly released concerned. Cities/Municipalities 4.5 Composition of the R/PTWG 4.5.1It is advised that the R/?TWG membersshall be limited to a maximum of seven (7) members.However, it is acknowledgedthat the multisector nature of the proposedprojects would require a variety of experts. The concerned TWG may then resort to invitation of representativesof other R/PPOC membersas resourcepersons/experts in the evaluationmeetings/sitevalidation visits. 4.5.2 Membership of National Commissionon Indigenous People (NCXP)in the RIPTWG Membership in the R/PTWG by the NCIP representativeis mandatory if the proposedproject will be encroachingon ancestraldomains or may affect IPs. This will ensure considerationof IP concernsin the project appraisal process that could facilitate securingof the Free Prior and Informed Consent(FPIC)or any appropriate clearances. 4.6 Implementation in high risk areasdeclaredby the R/?POC 4.6.1 In areasidentified by the R/PPOCas critical or with extremessnflis1, senrices of the AFP Engineering Brigade shall be engaged in the implementationof the project. 4.6.2 MOA may either be forged benveenthe LGU or the DILG Regional Office and the headof the AFP Engineering Brigadecoveringthe area. 4.7 Administrative Costs In no case shall the fund be used to cover adminisuative costs (i.e. travel expenses,honorarium, supervision cost) of LGU personnel overseeingand monitoring the project.Suchexpenses shall be borne by the implementingLGU. 4.8 Endorsementof Approved Proiect Proposals AII LGU projects approvedfor implementation should be appropriately endorsed by the Regional/Provincial Peace and Order Councils to the concerned RegionaVProvincial Development Councils for appropriate adoption and integrationin their respective plansand programs.
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5.0 ADHERENCETO NATIONAL GOVERNMENTSTAI{DARDSA}.ID POUCIES 5.1 PAMANA-DILG Fund implementation shail ,an.r. to National Government standards. Mode of implementation for PAMANA DILG-Fund projects shall be done through Competitive Bidding pursuant to RA 9184 (Government Procurement Reform Act), except in cases,wherein the AFP Englneering modeof Brigadehasbeenidentified asthe implementingpartner. In sucha case, implementation shall be by administration. 5.2 The RPMT may, by invitation of the procuring LGU, act as observer in the bidding process. 5.3 Local Governmentsshould abide by the standardsand policies set by the National Government, complianceof which are to be checkedin the review and evaluation of proposals and LGU requests for the release of funds. Local such as Governments should adhere to existi.g national standards/guidelines, that for: o Buildings and other vertical structrures per the National Building Code and National Structural Codeof the'Philippines o Typical urban and rural roadsand bridgesper DPWII technicalst"ndards r Hospital, lying-in facilities, health centersper DOH established standards o Saniury landfill, Material RecoveryFacility (MRF) per DEIR guidelines r FMRs,post-harvest plants/facilities, facilities, processing irrigation, etc. per DA guidelines o Evacuation Centers and other DRRM and Climate Change Adaptation (CCA) required facilities o Rainwater Collection Facilities pursuant to RA 6716 o Tourism facilities per DOT guidelines permits, licenses, 5.4 In considerationof the time neededto securethe necessary certificates, clearances, and other documentary requirements from other National Government Agencies (NGAs), copies of applications thereof may zuffice as basis for release of finds. Such requirements, however, shall be complied with prior to implementation. Indicated below .ue some of these requirementsthat needto be complied with: 5.4.1 Prior to the release of the 80.00/o o Proof that applicablelegal instrument/s allowing use of the land or propeffy for the project (where applicable) or Certificate of [.and Ownership is being secured . Copy of the Application for the issuance of Water Permit, for water supplysystemprojects . Copy of the Application for the issuance of Environmental Compliance Certificate(ECC),if necessary o For Water Projects, copy of the Application for the issuanceof Certificate of Water Potabiliw

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o Pursuantto RA 8371,for project areas with IPs that will be affected, a certification that thb area affected does not overlap with any from the NCIP. ancestral domainneedsto be secured r Pursuantto Item e, Section21, RA 8559 lPhilippine Agricultural Engineering Act of 1998) and Item 4.9 of DILG Memorandum Circular No. 2008 - 167 dated November 11, 2008 implementing certain provisions of RA No. 8559, LGUs shall ensure that all engineering designs, plans, specifications, relative to the construction, installation, operations and maintenance of agricultural, aquaculture and fishery, and forest related LGU proposed proiects, (i.e. agricultural buildings and structures, farm-to market roads,post-harvest irrigation and drainagesystems, facilities) shall be signed and sealedby a licensed and registered Agriculturx] f,ngineer. However, in the absenceof a licensed and registered furicultural Engineers in the area, Certification on the consistency with agricultural standards from the Provincial, City or Municipal Agriculturist shall sufficg.. 5.4.2 Prior to the release of the 20.tr/o r permits and clearances All of the required documents, should have ult been securedby the concernedLGU (i.e. water permit and "dy water quality testsfor water supply systemproiects,Environmental (ECCs) for environmentally-criticalprojects Compliance Certificates (ECPs)and those locatedin environmentally-criticalareas(ECAs), prior to the LGU requestfor the releaseof the last tranche. o Proof of Land Ownership

is shown in 5.4.3. The Amended List of Requirementsfor Funds Release Annex D, asamended.

6.0 ERRATA 6.L Clarifrcatian on acronyrrrs used ia Section II, sub-item 3 (PeaceAgreement Areas),item C (PAMANA Coverage): r CAR should be Cordillera Administrative Region o RPMP shouldbe Rebolusyonaryong Partido Manggagawa-Pilipinas o RPA should be Revolutionary Proletarian Army r ABB should be ABB-TPG which standsfor Alex BoncayaoBrigadeTabaraPaduanoGroup

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6.2 darificatioa oa Section IIl svb-itemC.I, item C (FL\ND ADMINS'I&ATION): COAissuance beingreferredto is CircularNo. 94{13 instead of 9&103. Issuances inconsistent herewithareherebyrescinded or repealed.

@Ab
TERESITA QUII\ffOSDEIIS Secretary, OPAPP

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(As Amended) Annex D: List of Requirementsfor FundsRelease FORffiPROIECT: First Tranche-8M of the hoject Design Cut (approvedcost) Partner 1. Request Letter from the LGU/Responsible 2. Cenified Copy of the SanggunianResolution Authorizing the Governor/I\dayorto sign the MOA 3. SignedMOA benveenDILG and LGU 4. Certified copy of the EO on the designation of the FocalPerson Account 5. Certificationon the Openingof Special 6. Certification of the availability of LGU equity in the form of cash or services(if required) 7. Approved Programof Works 8. Detailed Engineering Plans and Technical Specifications (for Infrastructure Projects)and other technicaldrawings. 9. Proof that applicable legal instrument/s allowing use of the land or properry for the project (where applicable)or Certificate of Iand Ownership is being secured 10.For Water Projects,Copy of the Appllcation for the issuanceof Certificate of Water Potability 11.Copy of the Application for the issuance of Environmental Compliance Certificate/Certificate of Non-Coverage(whichever is applicable) 12. Copy of the Application for the issuanceof Water Permit for a Water Supply project 13.For project areas with IPs that will be affected,proof that a certification from the NCIP, that the affectedareadoesnot overlapwith any ancestraldomain,is being secured SecondTranche- 2U6 of the hoject Desip Cost(approvedcost) 1. Request Letter from the LGU/Responsible Partner 2. Certified true copy of BAC ResolutionRecommending Award of Contract 3. Certified true copy of the approvedContract of Agreement 4. Certified true copy of the Notice to Proceed/ Commencefrom LGU to the contractor 5. Copiesof other bidding documents asmay be required (SoRD)lStatement 6. Statementof Receipts and Disbursement of Expenditure(SOE) duly signedby the Treasurer/Accountantand the Auditor attesting that the initial 80o/o released hasbeendisbursed 7. Project Status Report by the LGU, with Statement of Work Accomplished, showing l0fJf/ophysical accomplishment,duly signedby appropriateLGU staffand approvedby LCE and verified by the CSOpartners 8. Certificateof Completion/Turn-over and Acceptance 9. Audit InspectionReportof the TechnicalServices Division of COA 10. Operationsand Sustainability Plan 11.Applicablelegal instrument/sallowing use of the land or properry for the project (where applicable)or Certificate of Land Ownership 12.For Water Projects, Certificateof Water Potability Qgality Test

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13.Environmental ComplianceCertificate/Cenificate of Non-Coverage(whichwer is applicable) 14.Water Permit for a Water Supplyproject 15.For project areaswith IPs that will be affected,Certification from the NCIP that the affectedareadoesnot overlapwith any ancestraldomain

FOR TMELIHOOD Fint Tranche- 8M af the hoject Des@ Cost(approuedcost) 1. Request Letter from the LGU/Responsible Partner 2. Certified Copy of the Sanggunian Resolution Authorizing the Governor/I\dayorto sign the MOA 3. SignedMOA betweenDILG and LGU 4. Cenified copy of the EO on the designation of the FocalPerson 5. Certificationon the Openingof Special Account 6. Certification of the availability of LGU equity in the form of cash or services(if required) 7. ApprovedWork and FinancialPlan ,'',:.r. 8. Applicable Legal instrument/s allowing use of the land or properry for the project (where applicable) SecandTranche-20% of the Project Dsip Cost(approuedcost) 1. Request Letter from the LGUlResponsible Partner 2. Certified true copy of Agreement for the Livelihood Project wirh other implementingentities,if applicable 3. Statementof Receipts (SORD)/Statement and Disbursement of Expenditure(SOE) duly signedby the Treasurer/Accountantand the Auditor artesringthat the inirial 8ff/o released hasbeen disbursed 4. Proiect Status Report by the LGU, with Statement of Work Accomplished, showing l0f,Vophysical accomplishment,duly signedby appropriateLGU staffand approvedby LCE and verified by the CSOpartners 5. Certificateof Completion/Turn-over and Acceptance, if applicable 6. Audit InspectionReport 7. Operationsand SustainabiliryPlan

FOR EQUTPMENT/GOODS: First Tranche- 8096of the hoiect Design Cost (approuedcost) 1. Request Letter from the LGU/Responsible Partner 2. Certified Copy of the Sanggunian Resolution Authorizing the Governor/lVIayor ro sign the MOA 3. SignedMOA berweenDILG and LGU 4. Certified copy of the EO on the designation of the Focalperson 5. Certificationon the Openingof Special Account
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5. Certification of the availability of LGU equity in the form of cash or services(if required) 7. Approved Work and Financial Plan SecandTranche-2096 of the Proiect Duign C,ast (approuedcost) 1. RequestLetter from the LGUlResponsible Partner 2. Original and four copies of the Suppliers invoice showing Goods description, quantiry, unit price, and total amouat 3. Delivery Receipt detailing number and description of items receivedsignedby the authorized receiving personnel 4. Statementof Receiptsand Disbursement(SORD)/Statement of Expenditure (SOE) duly signedby the Treasurer/Accountantand the Auditor atrestrngthat the initial 80o/o released has been disbursed. 5. LGU Inspectionrepoft 6. Operationsand Sustainability Plan

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Annex D-1: List of Requirementsfor Fund Release for LGUsthat will avail of the DED Cost of 3.0 % of the Total Proiect Cost For Infrastructure Project I. First Tranche- 3.0olo of the Total ProjectCost(inclusiveof DED costs) a. RequestLetter from the LGU/Responsible Partner b. c. d. e. Certified copy of the Sanggunian ResolutionAuthorizing the Governor/I\dayor to sign MOA SignedMOA betweenDILG and LGU Certified copy of the EO on the designationof the FocalPerson Certification from concernedGovernment Bank on the opening of I-GU Special Account

il.

Tranche- equivalentto 80.0olo Second of the Total ProjectCostQess of DED costs) a. Request Letter from the LGU/Responsible Partner b. Certification of the availability of LGU equiry in the form of cash or services(if required) c. d. e. f. g. h. i. Approved Programof Worls Detailed Engineering Plans, Technical Specifications and other technical drawings Proof that applicablelegal instrument/s allowing use of the land or properry for the project (where applicable)or Certificate of land Ownership is being secured For Water Proiects, Copy of the Application for the issuanceof Certificate of Water Potability Copy of the Application for the issuance of Environmental Compliance (whicheveris applicable) Certificate/Cenificate of Non-Coverage Copy of the Application for the issuanceof Water Permit for a Water Supply project For project areaswith IPs that will be affected,proof that a certification from the NCIP, that the affectedareadoesnot overlapwith any ancestral domain,is being secured

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ThfudlFinal Tranche - equivalent to a maximum of 20.U/oof the Project Allocation (based on the Awarded ContractCost). a. b. c. d. e. Request Letter from the LGU/Responsible Partner Certified true copy of BAC ResolutionRecommending Award of Conaact Cenified true copy of the approved Contractof Agreement Certified true copy of Notice to Proceed/Commence from the LGU to the conEactor Copiesof other bidding documents asmay be required

f.

g.

Statement of Receipts and Disbursement (SORD)/Statementof Expenditures the Auditor attesting that the (SOE)duly signedby the Treasurer/Accountant-:?nd hasbeendisbursed. released initial80.0olo Proiect Stanrs Report by the LGU, with Statement of Work Accomplished, showing 100.tr/ophysical accomplishment,duly signedby appropriate LGU staff and approvedby the LCE and verified by the CSOpartners. Certificateof Completion/Turn-overAcceptance Division of COA Audit InspectionReportof the technicalServices Operation and Sustainability Plan Applicable legal instrument/s allowing use of the land or property for the project (where applicable)or Certificate of Land Ownership

h. i. i. k.

Certificateof Water Potability l. For Water Projects, m. Environmental ComplianceCenificate/Certificate of Non-Coverage(whichever is n. o. applicable) Water Permit for aWater Supplyproject For projecr areaswith IPs that will be affected,Certification from the NCIP that domain the affectedareadoesnot overlapwithany ancestral

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