SPP 209

Question 1

complete title of SPP 209

Answer 1

Professional Architectural Consulting Services (PACS)

Question 2

_______________, then President Ferdinand E. Marcos, recognizing the role of the members of accredited professional organizations (APOs) in nation building and in the pursuit of national goals, issued Letter of Instruction (LoI) No. 1000 which directs all government agencies and any of its instrumentalities to give priority to members of the APOs in the hiring of its employees and in the engagement of professional services. This amply demonstrated the President’s confidence in the capabilities of Filipino professionals i.e. registered and licensed professionals (RLPs)

Answer 2

On March 20, 1980

Question 3

PFPA stands for

Answer 3

Philippine Federation of Professional Associations

Question 4

________the umbrella organization of all professional associations accredited by the Professional Regulation Commission (PRC, hereinafter the “Commission”), and the Philippine Technological Council (PTC), whose membership consisted of fourteen (14) accredited technological APOs at that time, initiated the preparation of a document entitled “Standard Guidelines on Consultancy/Consulting Services”.

Answer 4

Philippine Federation of Professional Associations (PFPA)

Question 5

CBNE stands for

Answer 5

Council for the Built and Natural Environments

Question 6

The inflow of foreign consultants, specifically foreign architects is often justified on the ground of ____________

Answer 6

technology transfer

The inflow of foreign consultants, specifically foreign architects is often justified on the ground of technology transfer. In this sense, technology transfer is based on the assumption that the particular kind of technology involved is not yet available in this country or is inadequate in relation to the need for it. The problem presented by the dominant presence of foreign architects in the Philippines, however, is precisely defined by the fact that the technology they bring in is already available in such adequate proportion that foreign consultants compete in terms adverse to Filipino registered and licensed professionals (RLPs) and in fact displace Filipino Professional Consultants (FPCs) from participation in significant development projects.

Question 7

true or false

The primary purpose of this SPP is to complement existing professional regulatory laws (PRLs) governing the practice of State-regulated professions, specifically architecture, as governed by R.A. No. 9266 (The Architecture Act of 2004) and its derivative regulations, and other pertinent laws such as R. A. No. 8293 known as the “Intellectual Property Code of the Philippines” and its IRR, R. A. No. 9184 known as “Government Procurement Reform Act (GPRA) of 2003” and its IRR (latest as of 2009), or as defined by the Code of Ethical Standard (CES), other Standards of Professional Practice (SPPs) and other related laws, policies, rules and regulations approved and implemented by the Commission and/or other concerned government entities. Therefore, nothing in this SPP on Professional Architectural Consulting Services (PACS) must unduly affect the said laws, policies, rules and regulations, and the CES and SPPs.

Answer 7

true

Question 8

true or false

All accredited professional organizations (APOs) are committed to abide by, advocate, and steadfastly uphold the ideals enunciated under Section 14, Article XII of the 1987 Constitution of the Philippines which states that, “The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate technology and regulate
its transfer for the national benefit. The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law xxx”. (emphases and underscoring supplied)

Answer 8

true

Question 9

refers to the holistic and progressive growth and advancement of a community, province, region and nation inclusive of their respective economic, social, physical, environmental and institutional sectors

Answer 9

comprehensive development

Question 10

refers to a coalition of purely Filipino professional consultants (i.e. RLA-PCAs) or consulting firm/s (i.e. SEC- and/or PRC-registered architectural firms/ RAFs); or Filipino professional consultants (i.e. RLA-PCAs) or consulting firm/s (i.e. RAFs) in collaboration with foreign professional consultant/s and/or foreign consulting firm/s authorized to render consulting/ consultancy services, as herein defined; in the Philippine setting, the use of the terms Consortium and Association may carry certain tax and legal implications

Answer 10

Consortium or Association

Question 11

means a binding covenant or understanding entered into by a professional consulting architect (PCA) and/or consulting firm (i.e. RAF only) with an Owner/ Client, whether in Government, private sector or CSO or the international community (with projects on Philippine soil), that provides such terms and conditions mutually agreed upon by the parties, under which
specific work, study or joint venture requiring special or technical skills and expertise, shall be undertaken

Answer 11

Consulting Agreement

Question 12

refers to an architectural corporation, association, group or partnership duly registered with the Securities and Exchange Commission (SEC) or other concerned government regulatory agency or instrumentality or to a single proprietorship duly registered with the Department of Trade and Industry
(DTI), and likewise registered with the Commission/ Board to perform State-regulated architectural services such as professional architectural consulting services (PACS) as herein defined.

Answer 12

Consulting Architectural Firm (CAF)

Question 13

refers to a Filipino citizen, a natural person who possesses the qualifications of a Filipino Professional Consultant (FPC) as hereafter defined; the FPCA must be a Philippine-registered and licensed architect (RLA) and must be a member in good standing of the IAPoA; the FPCA must also be a RLA
specializing in any or several branch/es of the State-regulated profession of architecture as defined under R.A. No. 9266 and its derivative regulations; if the FPCA signs and seals architectural documents, he then becomes an Architect-of-record (Aor) for a project and thereby assumes the attendant
professional responsibilities and civil liabilities consistent with the provisions under valid and subsisting laws.

Answer 13

Filipino Professional Consulting Architect (FPCA)

Question 14

refers to a factor which compensates the Professional Consulting Architect
(PCA) for the following items:
19.13.1 overhead costs of the office;
19.13.2 fringe benefits and social charges;
19.13.3 fee for contingencies;
19.13.4 interest on capital reserves; and
19.13.5 profit

Answer 14

multiplier

Question 15

The “_______” varies according to the types of architectural consulting work, the organization and experience of the Professional Consulting Architect (PCA) and the geographic area in which his office is located

Answer 15

multiplier

Question 16

refers to any person, whether natural or juridical, duly licensed, registered and/or duly accredited by the Commission. This also refers to a person, whether natural or juridical, duly certified/recognized by the concerned APO
under the PTC or CBNE as one who possesses the appropriate knowledge and, skills, training, and relevant experience i.e. specialization/s required to perform and/or render the service/s required; the PCA must be a Philippine-registered and licensed Architect (RLA), with a valid registration certification and Commission identification (ID) card and must be a member in good standing of the IAPoA.

Answer 16

Professional Consulting Architect (PCA)

Question 17

generally refers to any organization under the umbrellas of the CBNE and PTC; in the case of professional architectural consulting services (PACS), the term shall specifically refer to the IAPOA;

Answer 17

Professional Organization, Accredited (APO)

Question 18

means the rendering by a professional consulting architect (PCA) or by a consulting firm (i.e. a RAF), of independent advice, extension of technical assistance and services, as well as undertaking of activities, requiring appropriate knowledge, skills, training and experience, recognized competence, integrity, and/or financial and logistical capability.

Answer 18

Professional Architectural Consulting Services (PACS)

Question 19

means the total cost of the project which includes but is not limited to construction cost, fees for professional services, the cost of land, right-of-way (ROW), legal, administrative and other related expenses of the client.

Answer 19

Project Cost

Question 20

means the cost of salaries (including sick leave, vacation, holiday and incentive pay applicable thereto) of professional consultants for the time directly chargeable to the projects; plus excise, and payroll taxes as well as all other imposable taxes/duties; and contributions for social security and
insurance benefits.

Answer 20

Salary Cost

Question 21

SCOPE OF PROFESSIONAL ARCHITECTURAL CONSULTING SERVICES (PACS)

Answer 21

20.1 program / project conceptualization and development;.
20.2 rendering of technical advice, consultation and/or counselling ;
20.3 preparation of schematic/concept-level through preliminary plans, drawings,
designs and technical specifications;
20.4 teaching, lecturing, coaching, mentoring;
20.5 research and development (R&D);
20.6 documentation;
20.7 conduct of pre-investment/pre-feasibility and feasibility studies;
20.8 marketing and promotional studies;
20.9 land use and multi-sectoral development planning, development and
management;
20.10 site selection, analyses, evaluation, ranking and development;
20.11 construction;
20.12 Project/ Construction Management and/or Administration;
20.13 post-construction evaluation
20.14 monitoring and evaluation;
20.15 training, capability building and Continuing Professional Education (CPE);
20.16 Capital Investment Programming

Question 22

true or false

Only duly-qualified Filipino professional consulting Architects (FPCAs) shall render architectural consulting services in areas or fields of architectural specialization performed by members of the CBNE, except where no qualified FPCA is available. Under the said circumstances, where a non-FPCA i.e. a FA or FC is engaged, a minimum of three (3) Filipino RLAs in the same area or field of architectural specialization shall be employed as understudies

Answer 22

false

Only duly-qualified Filipino professional consulting Architects (FPCAs) shall render architectural consulting services in areas or fields of architectural specialization performed by members of the CBNE, except where no qualified FPCA is available. Under the said circumstances, where a non-FPCA i.e. a FA or FC is engaged, a minimum of TWO (2) Filipino RLAs in the same area or field of architectural specialization shall be employed as understudies

Question 23

A Professional Consulting Architect (PCA) may provide services ___________ to the Client in the manner prescribed, suggested or promulgated by the
Commission/Board through the IAPOA.

Answer 23

directly or indirectly

Question 24

This method is particularly suited to engagements involving
intermittent personal service. When such consulting services are furnished, the Professional Consulting Architect (PCA) is
compensated for all the time he devotes to the work, including travel time. The per diem charge should be based on the complexity of the work involved and the extent of his experience/specialization. In addition to the compensation based on per diem, his expenses for Travel, subsistence, and other out-of-pocket expenses incurred while away from his home/office shall be reimbursed by the Client.

Answer 24

Per Diem or Hourly Basis

Question 25

This method of remuneration is used when the services of a
Professional Consulting Architect (PCA) is expected to be required at intervals over a period of time. It is a means of ensuring in advance that his services will be available to the Client when required. Under this method, a stipulated amount is paid at regular intervals for which the PCA is obligated to render a certain service or to spend a certain amount of time on Client’s requirements. The compensation is usually enough to pay for the minimum services required by the Client. All additional services are paid separately. In addition to the
retainer, the PCA may be reimbursed for travel, subsistence and other out-of-pocket expenses incurred while away from his home/office.

Answer 25

Retainer

Question 26

This method is based on the total basic salaries of all PCAs and their staff multiplied by a factor from 3.0 as a multiplier plus cost of certain items that are reimbursable to the PCA classified under “Direct Cost” or “Reimbursable Expenses”. The following formula is used to compute the fee:___________

Answer 26

Salary cost times a multiplier, plus direct cost or reimbursable
expenses

Fee = Salary Cost x Multiplier + Reimbursable Expenses

Question 27

The other part of the remuneration by this method is made up of the ______________-. These costs are billed to the Client supported, if required by receipts and other documents.

Answer 27

reimbursable direct costs

Question 28

the agreements should contain a clearly stated time limit during which the service/s will be performed, and a provision for additional compensation for extra time used. In design assignments, these should be a provision for charges required after the approval of preliminary designs, with a clear understanding as to where the final approval authority lies.

Answer 28

Fixed/ Lump Sum payment

Question 29

true or false

Fixed/ Lump Sum payment
This method of compensation may be used when the scope of PACS required can be clearly and fully defined. Two methods may generally be used to arrive at a lump-sum compensation for the basic PACS. These two methods are frequently used concurrently with one serving as a check on the other.
a. computation of a lump-sum as an appropriate percentage of the
estimated total cost of the project
b. direct development of a fixed amount of compensation by
estimating the individual elements of the cost outlines, plus a
reasonable margin of profit, all expressed as a single lump-sum

Answer 29

true

Question 30

The remuneration under this method is calculated as an agreed percentage of the ultimate cost of the project/service. The validity of the Percentage of Total Project Cost Method rests upon the assumption that consultancy costs vary in proportion to the total project cost regardless of the type or location of the project. Therefore, this method should be applied only where experience has established some approximate correlations between consultancy costs and project costs.

Answer 30

Percentage of total project cost

Question 31

Where applicable and in full accord with R.A. No. 9266 and its derivative regulations, a Professional Consulting Architect (PCA) shall sign and affix his professional license number and the seal duly-approved by the Commission/ PRBoA and/or the IAPOA on all architectural documents as outputs and other
deliverables/materials such as, but not limited to plans,designs, technical drawings and specifications, feasibility studies as well as instruments of service, prepared by him, or under his/her direct supervision, if and only if the CA shall also act as the Architect-of-record (Aor), in which case he must assume all the attendant/pertinent professional responsibilities and civil liabilities for the project.

Answer 31

SEAL AND USE OF SEAL UNDER PACS

Question 32

This Standard of Professional Practice (SPP) for Professional Architectural Consulting Services (PACS) shall be adopted by the IAPOA, which shall thereafter formulate the covering guidelines and Manual of Procedure (MoP)

Answer 32

APPLICABILITY

Question 33

In case of any dispute arising from the implementation of these IRR and related derivative regulations, the same shall be resolved by modes of alternative dispute resolution (ADR) mandated under R.A. No. 9285 (the ADR Act of 2004 and its IRR) before it is referred to a competent court. The ADR modes must necessarily include negotiation, conciliation, mediation and arbitration. An ADR clause must therefore
form part of all PCAS agreements.

Answer 33

ALTERNATIVE DISPUTE RESOLUTION (ADR)

Question 34

Any individual, partner, firm/corporation/ consortium who/which engages in professional architectural consulting services (PACS), but are not qualified in accordance with the provisions prescribed by law, particularly under R.A. No. 9266
(The Architecture Act of 2004) and its IRR, shall be subject to sanction/s by the appropriate public or private entities, without prejudice to the filing of appropriate criminal, civil administrative or special complaints pursuant to existing laws.

Answer 34

PENALTY CLAUSE AND SANCTION

Question 35

All architectural documentary outputs and materials delivered or rendered by a professional consulting Architect (PCA), such as, but not limited to plans, designs, technical drawings and specifications, pre-feasibility and feasibility studies and
other instruments of service, shall be protected under Secs. 20 (4) and 33 of R.A. No. 9266 and its 2004 IRR, whether such outputs and materials are executed or not. No person without the written consent of the professional consulting Architect (PCA) or author of said architectural documents and/or materials shall duplicate or make copies of said documents for use in the repetition of and for other projects, whether executed partly or in its entirety.

Answer 35

INTELLECTUAL PROPERTY RIGHTS FOR PACS