CBD 20200909 PPT Ppp-Process - Bot-Law

Orientation on PPP Concepts and Processes
The PPP
for theProcess under theof
City Government BOT Law
Baguio
and Its Revised IRR
February 9,
September 6, 2020
2020
Session Hall, City Hall, Baguio City
FEROISA FRANCISCA T. CONCORDIA

Director,
Capacity Building and Knowledge
Management Service
Property of the Public-Private Partnership

1
Center of the Philippines
Orientation Outline
Introduction to The Philippine PPP Program
PPP Legal Frameworks
The BOT Law (RA 6957 as amended by RA 7718)
Solicited Track
Unsolicited Track
2
The Philippine PPP Program

3
Program for Infrastructure Development
Government Financing
General appropriations,
corporate funds
Financing and
4
Accelerated
Infrastructure Implementation
Development Government Borrowings
Domestic & foreign debt,
Delivery
official development
Mechanisms
assistance (ODA)
Private Sector Financing

Public-Private Partnership
(PPP)
4
PPP Center’s Mandate
EO No. 8 series 2010

SECTION 2. Powers and Functions of the PPP Center
The PPP Center shall cover all the PPP programs and projects including
all the variants or Arrangements under the BOT Law and Joint Venture
Agreements xxx
EO No. 136 series 2013
The PPP Center reports to the PPP Governing Board chaired by NEDA,
vice-chaired by DOF with the following members: DTI, DBM, OES, and DOJ.
5
PPP Center’s Mandate
The PPP Center facilitates the implementation of the

country’s PPP Program. It serves as a central coordinating
and monitoring agency for all PPP projects in the country.
Policy, Capacity and Projects
Advocate for POLICY

reforms to enhance
enabling environment
Conduct CAPACITY
BUILDING activities to
improve skills of agencies
6
Local PPP Projects
PPP Center - Support in Policies
Assistance in the review and formulation of legal

framework (BOT Law, Joint Venture Guidelines,
01 PPP or Joint Venture Codes of local governments)
PPP Governing Board’s policies

02
Sectoral guidelines (e.g. water supply, solid waste
03 management)

7
Local PPP Projects
PPP Center - Support in Capacity Building
Conduct of trainings and seminars depending on the

development needs and requirements of the implementing
agency
• Introduction to PPP concepts and processes
• Concept note formulation
• Project prioritization
• Management of unsolicited proposals
• Financial and economic analysis
Property of the Public-Private of PPP projects
Partnership
8
Local PPP Projects
PPP Center - Support in Projects
Project Development & Unsolicited Proposals

Procurement Assistance in the evaluation,
negotiation and management
Assistance in the review of unsolicited proposals
and/or development of
feasibility studies and
tender documents; and PPP Center’s
advisory services from
project approval to in-house project
procurement. development &
• PDMF monitoring teams
Project Development and Project Monitoring
Monitoring Facility
Coordination and monitoring
• Business Case of awarded projects to ensure
In-house conduct of business compliance with the
case for selected projects via contractually agreed terms
Technical Assistance
Agreement (TAA)

9
Local PPP Projects
PPP Center - Support in Projects via PDMF
The Project Development and Monitoring Fund Contribution (in USD million)
2.5 Philippine Government
Facility (PDMF) is a USD 104.5 million 18
revolving fund managed by the PPP Center to Australian Government via
enhance the investment environment for PPP ADB
and to develop a robust pipeline of viable and Urban Climate Change
well-prepared PPP (BOT Law and Joint Venture 84
Resilience Trust Fund (UCCRTF)
via ADB
Arrangements) infrastructure projects
Project Preparation & Probity Independent
Transaction Advisory Advisory Consultant
Solicited mode
• Conduct of feasibility study • Examination of bid • Monitoring of
• Project structuring documents construction and/or
• Preparation of tender documents
• Management of bid process
• Assessment of and O&M
• Assistance until financial close advisory on probity • Certification of
Unsolicited mode issues
• Evaluation and negotiation of
compliance with
unsolicited proposals technical requirements
• Assistance in management of and design
Swiss Challenge until financial
close

10
PPP Legal Frameworks

11
PPP Legal Framework by Implementing Agency
RA 7718 NEDA Joint Local PPP Code

Implementing
(Amended Venture (JV) or JV
Agency
BOT Law) Guidelines Ordinances
NGA   
GOCC, GCE, 
GICP, GFI, SUC  
(including WDs)
LGU   
12
Other Pertinent Laws and Issuances
Other laws and regulations are also in place that should be
complied with in conjunction with the BOT Law that will impact on
the implementation of PPP projects. *
• RA 10752, RA 8974 - ROW Acquisition

Pertinent Laws • RA 8975 - Prohibition of TROs on Gov’t Infra Projects
• RA 7160 – Local Government Code
• EO No. 78 - Mandating the Inclusion of Provisions of the
Use of Alternative Dispute Resolution (ADR) Mechanisms
in All Contracts Involving Public-Private Partnership
Executive Orders
Projects, Build-Operate and Transfer Projects, Joint
Venture Agreements Between the Government and Private
Entities and Those Entered Into By Local Government
Units
Guidelines • PPPGB Guidelines and Issuances
Other Issuances • PSE Supplemental PPP Listing and Disclosure Rules
• Generic Preferred Risks Allocation Matrix (GPRAM)
*For complete list, see https://ppp.gov.ph/other-pertinent-laws/

13
The BOT Law (RA 6957 as
amended by RA 7718)

14
The Philippine Amended BOT Law
RA 6957 as amended by RA 7718 - An act authorizing the financing, construction,
operation and maintenance of infrastructure projects by the private sector and for
other purposes
Contractual Arrangements/Modalities:
1. Build-and-Transfer (BT)
2. Build-Lease-and-Transfer (BLT)
3. Build-Operate-and-Transfer (BOT)
4. Build-Own-and-Operate (BOO)
5. Build-Transfer-and-Operate (BTO)
6. Contract-Add-and-Operate (CAO)
7. Develop-Operate-and-Transfer (DOT)
8. Rehabilitate-Operate-and-Transfer (ROT)
9. Rehabilitate-Own-and-Operate (ROO)
10. other variations thereof, as may be approved
by the President
Implementing Agencies: any department, bureau, office, commission, authority or agency of

the national government, including Government-Owned and/or -Controlled Corporations
(GOCCs), Government Financial Institutions (GFIs), State Universities and Colleges (SUCs), and
Local Government Units (LGUs) authorized by law or their respective charters to contract for or
undertake Infrastructure or Development Projects
15
Institutional Arrangements
 Implementing Agencies
 Line Agencies (national government
agencies)
 Government Corporations (GOCCs)
 State Universities and Colleges (SUCs)
 Local Government Units (LGUs)
▪ Review and Approving Bodies

▪ Local Development Councils
▪ Investment Coordination Committee (ICC)
▪ National Economic and Development
Authority (NEDA) Board for national
projects
▪ Coordinating and Monitoring Agency

▪ PPP Center
16
Eligible Types of PPP Projects under the BOT Law
 Highways/Roads
 Railroads & Railways  Solid Waste Management
 Ports  Tourism Facilities
 Airports  Education
 Transport Systems  Health Facilities
 Power Generation  Industrial & Tourism Estates
 Telecommunications  Markets, Warehouses, Slaughterhouses
 ICT Systems/Facilities  Housing, Government Buildings
 Agriculture  Climate change mitigation/adaptation
 Canals, Dams, Irrigation infrastructure projects
 Water Supply  Other Infrastructure/ Development Projects
 Land Reclamation

17
PPP Tracks under the BOT Law
SOLICITED UNSOLICITED
 IA identifies projects Private sector proponent submits proposal to IA
from its list of priority on a project that:
projects  Involves new concept or technology; or
 not the in the list of priority projects;
Not a component of an approved project; and
No direct government guarantee, equity or

subsidy
 IA develops Private sector submits in a sealed envelope a

Feasibility complete unsolicited proposal which consists of:
Study/Business Case  Cover letter
for the identified PPP  Feasibility study
project  Draft contract
 Other documents as needed even if
proprietary in nature
18
Solicited Track

19
BOT Law: Features of Solicited PPP
- The Government can define the scope and the structure of the project
based on its needs/long term plan
- The Government can also set its own minimum performance
standards and specifications based on the service levels required

20
Solicited PPP Project Life Cycle
DEVELOPMENT STAGE
• Project Preparation (Feasibility Study, Market Sounding)
• Project Structure is finalized
APPROVAL STAGE
• IA level project assessment and appraisal
• Project submission to relevant approving bodies
PROCUREMENT STAGE
• Prequalification (e.g. Advertisement of ITPB)
• Prequalification Conference, submission of prequalification
documents
• Bid proper (e.g. Pre-bid conference, bid submission, bid opening and
evaluation)
• Issuance of Notice of Award to winning bidder
• Contract Signing
IMPLEMENTATION STAGE
• Financial Close
• Implementation (Preparation of Detailed Engineering Design,
Commissioning)
21
• Turn over of facility
Centerback
of the Philippines
to government
Project Development Stage
Components of a PPP Feasibility Study
Technical Economic
Market Study
Analysis Analysis
Social and
Institutional Financial Environmental
Analysis Analysis Impact
Assessment
Value For Risk Allocation PPP Project

Money Analysis Matrix Structure

22
PPP Risks (1/2)
PREFERRED
RISK EXAMPLES
ALLOCATION
Pre-Contract Risks Failure to bidding Government
Site Risk Existing structures, site conditions, permits Mostly by Private;
and approvals, environmental liabilities, Government –
cultural heritage, availability of site availability of
ROW & clearing
of utilities and
informal settlers
Construction Design, construction and commissioning Private
Financial Interest rates, forex, inflation, fund availability, Private
tax changes
Operating Inputs, maintenance and refurbishment, Private
operator failure, technical obsolescence or
innovation
Demand Operating revenues fall below forecasted and Private
non-technical losses

23
PPP Risks (2/2)
PREFERRED
RISK EXAMPLES
ALLOCATION
Network and Withdrawal of support of network Government
Interface
Change in competitive network and Private
interface
Industrial relations Strikes/industrial action Private

Legislative and Approvals, changes in law/policy, Government
Government Policy regulation
Force majeure Insurable events (e.g. earthquake, Shared
floods, fire and drought)

24
Approval Stage
APPROVING BODY THRESHOLD AMOUNT
I. National Projects
Investment Coordination PhP300 Million
Committee (ICC)
NEDA Board >PhP300 Million (upon ICC
recommendation)
Negotiated projects and unsolicited
projects regardless of amount (upon
ICC recommendation)
II. Local Projects (final approval is vested on Local Sanggunians)
Municipal Development Council PhP20 Million
Provincial Development Council >PhP20 Million - PhP50 Million
City Development Council PhP50 Million
Regional Development Council >PhP50 Million - PhP200 Million
ICC >PhP200 Million
25
Procurement Stage
PPP Pre Qualification Bids and Awards Committee (PPP PBAC)
• As provided in the RA 7718 (BOT Law) IRR Rule 3, Agencies are required
to create a PBAC for PPP projects.
• The PPP PBAC shall be responsible for all aspects of pre-bidding and
bidding process / conducting the Swiss Challenge.
– Preparation of tender documents and bid evaluation
criteria
– Publication of the invitation to pre-qualify and bid
– Qualification of prospective bidders
– Pre-bid conferences and issuance of supplemental
notices
– Conduct of bidding
– Evaluation of bids, resolution of disputes between
bidders
– Recommendation for the acceptance of the bid and/or for
the award of the project
The Procurement process will be based on the BOT Law and its Revised IRR, and
not RA 9184
26
Procurement Stage
PPP Pre Qualification Bids and Awards Committee (PPP PBAC) for NGAs
Designation Focal Person/s
Chairperson At least a third ranking regular official of the Agency
Secretary Legal Officer
MEMBERS
• Voting One (1) officer knowledgeable in finance
One (1) officer knowledgeable in the management and operation of the project
• Provisional One (1) technical officer knowledgeable with the technical aspects and
requirements of the project, duly designated by the NGA on a project-to-project
basis
One (1) technical officer knowledgeable with aspects of requirements of the project
from a concerned regulatory body, who is to be invited by the NGA on a project-to-
project basis (non-voting)
• Observer and Two (2) representatives from the private sector: one from a duly recognized
Non-Voting Contractors association and the other from either the facility users or a duly
recognized accounting association
One (1) representative from the Commission on Audit
One (1) representative from the PPP Center for national projects
27
Procurement Stage
PPP Pre Qualification Bids and Awards Committee (PPP PBAC) for LGUs
Designation Focal Person/s
Chairperson At least a third ranking regular official of the Agency (e.g. City/Municipal Admin etc.)
Secretary Legal Officer (if no Legal Officer in the LGU, can be Provincial Legal)
MEMBERS
• Voting One (1) officer knowledgeable in finance
One (1) officer knowledgeable in the management and operation of the project
• Provisional One (1) technical officer knowledgeable with the technical aspects and
requirements of the project, duly designated by the LGU on a project-to-project
basis
One (1) technical officer knowledgeable with aspects of requirements of the project
from a concerned regulatory body, who is to be invited by the LGU on a project-to-
project basis (non-voting)
• Observer and Two (2) representatives from the private sector: one from a duly recognized
Non-Voting Contractors association and the other from either the facility users or a duly
recognized accounting association
One (1) representative from the Commission on Audit
One (1) representative from the local DILG office, for LGU projects
28
Procurement Stage
Bidding Procedures for Solicited PPPs
Two-Stage Process Single Stage Process
1. Bidders submit pre-qualification 1. Bidders submit pre-qualification
documents, documents, technical and financial
2. Pre-qualified bidders then submit proposals
technical and financial proposals
*One-on-ones with pre-qualified bidders

conducted during two-stage process
Suitable if: Suitable if:
 there is a large number of bidders  there is a limited number of bidders

that are interested  the project scope and service
 project scope needs to be refined delivery options are clear and well-
and discussed with bidders. defined

29
Implementation Stage
PPP Contract Management Principles
Communion of two To ensure that both parties are The Center (PPP)
parties, specifically  compliant with ensures that all
between the contractual contracting parties are
Concessionaire and responsibilities found in also consistent with
Contracting Authority and the concession their reporting duties.
in close coordination agreement
with the PPP Center  so as to be able to Monitoring of PPP
provide continuous projects is guided by the
public service delivery PPP Governing Board
 to avoid any approved Policy Circular
consequences. establishing a
Monitoring Framework
and Protocols for PPP
projects

30
Implementation Stage
Implementation Stage Sub-Phases
Independent Consultant | Financial Close
Pre-Construction Phase Detailed Engineering Design | ROW or Project Site
Delivery | Permits and Approvals
Monitoring and Inspection | Inter-agency Coordination

Construction Phase
Variation/ Realignment | Testing and Commissioning
Operation and Monitoring and Inspection of Key Performance Indicators

Maintenance Phase | Tariff Adjustments
Asset Turnover Inspection | Asset Turnover Report |

Transfer or Turn-over Phase Asset Transfer
31
Project Timeline – Solicited PPP
Activity Indicative (in months)

Project Development 8*
Approval 3
Pre-qualification 3
Bid proper 6
Issuance of Notice to Award and Contract 2
Signing
TOTAL 22
*Depending on the complexity of the project

32
Unsolicited Track

33
Prerequisite of Unsolicited Proposal (USP)
Private sector proponent submits proposal to the

Agency/IA on a project that:
Involves new concept or technology; or not the in
the list of priority projects;
Not a component of an approved project; and
No direct government guarantee, equity or subsidy

34
BOT Law: Features of Unsolicited PPP
- It provides a venue for the private sector to propose innovative

projects that were not considered by the government in the first place
- No direct government guarantee, subsidy or equity is required
- Development of FS and draft contract undertaken by private sector
- Role of Implementing Agency is to assess and evaluate the unsolicited
proposal

35
Unsolicited PPP Project Life Cycle
PROPOSAL COMPLETENESS CHECK STAGE
• Private Sector (PS) submits Unsolicited Proposal (USP)
• IA checks for completeness of USP
DETAILED EVALUATION AND APPROVAL STAGE
• IA performs detailed evaluation of USP and pre-qualify PS
• IA to accept proposal and confirm Original Proponent (OP) status or reject
project
• Project submission to relevant approving bodies
• Project is submitted to Investment Coordination Committee (ICC)/Approving
Body for determination/approval of reasonable Rate of Return and
parameters for negotiation
• IA submits report to ICC/Approving Body the result of negotiation with OP for
confirmation/validation
PROCUREMENT STAGE
• Swiss Challenge (advertisement, submission and evaluation of comparative
proposals)
• Right to match by the original proponent
• Issuance of Notice of Award and Contract Signing
IMPLEMENTATION STAGE
• Financial Close
• Implementation (Preparation of Detailed Engineering Design,
Commissioning)
• Turn over of facilityCenter
backofto 36
thegovernment
Philippines
1. Completeness Check
5.
1. 2. 3. 4. Approval of
Completeness IA Detailed ICC-CC Negotiation Results of
Check Evaluation Approval Period Negotiation
Proponent submits an Unsolicited Proposal to the IA

 Should follow the requisites for Unsolicited Proposal (Sec. 10.1 and 10.3
BOT Law IRR)
A presence/absence test will be performed by IA to

ascertain completeness of required documents
 IA can refer to PPPC’s Completeness Checklist, FS Checklist, Draft
Contract Checklist and Preliminary Eligibility Checklist*
Once all required documents are complete and in order,

Unsolicited Proposal is ready to proceed to Detailed
Evaluation.
*The draft guidelines are subject to further government inter-agency discussions and approval
37
Complete Unsolicited Proposal
Cover Letter indicating the basic information of the

Unsolicited Proposal such as:
a) Expected output and outcome;
b) Implementation period;
c) General description of new technology or new concept (if
applicable); and
d) Other relevant information
Company Profile
Complete Feasibility Study
Draft Contract Consistent with Section 4.4 of the BOT Law
IRR
Other documents even if proprietary in nature

38
New Concept/Technology
Does the proposed project possess at least one of the

following:
• a recognized process, design, methodology or engineering
concept which has demonstrated its ability to:
a) significantly reduce implementation of construction costs,
b) accelerate project execution,
c) improve safety,
d) enhance project performance,
e) extend economic life,
f) reduce costs of facility maintenance and operations,
g) reduce negative environmental impact or social/economic
disturbances or disruptions either during the project
implementation/construction phase or the operation phase;
• process which Proponent has exclusive rights, either world-
wide or regionally; or
• design, methodology or engineering concept for which
Proponent has intellectual property rights?
39
Feasibility Study (FS) Completeness Check
• Background of the Project • Project Economic Viability

• Project Scope, Linkages, Assessment
• Contractual Arrangement, • Economic Costs and Benefits
repayment scheme, cooperation • BCR/ENPV/EIRR
period • Sensitivity Analysis
• Legal, Institutional, Stakeholder
Analysis • Value-for-money Analysis
• Project Proponent composition • Assumptions, PSC, Results
• Technical Study • Risk Allocation Matrix

• New Technology justification • Government risks and Private
Sector Risks clearly specified
• Demand Analysis, Technical
Design, Operating philosophy • Environmental
• Financial Viability Assessment Analysis/Compliance
• Complete financial model • Based on EIS rules
• Project and financing milestones

40
Checklist for Draft Contract
• Specific contractual arrangement and • Acceptance tests and procedures

scope of work
• Warranty period and procedures
• Project technical specifications and (after transfer)
system features
• Grounds for and effects of
• Implementation milestones including contract termination including
those for securing other approvals, modes for settling disputes
project completion date
• Manner and procedures for the
• Cost recovery scheme via proposed resolution of warranty against
tolls, fees, rentals, and charges, as the corruption
case may be
• Compliance with all other
• Liquidated damages as contemplated applicable laws, rules, and
under Section 12.14 of BOT IRR regulations
• Performance and warranty bonds • Minimum Performance
contemplated under Sections 12.8 and Specifications and Standards
12.9 (MPSS) and Key Performance
Indicators (KPIs)
• Minimum insurance coverage as may
be required for the project
41
Importance of Completeness Check
• To ensure faster evaluation and approval

• Complete information lessens back-and-forth data requests
from the Original Proponent
• Complete information ensures that IA can easily translate the
FS into PE Forms for ICC Approval
• Legal implications of Completeness of Proposals

• Once a submitted proposal is determined as a “complete
unsolicited proposal,” the IA could not further entertain other
proposals on the same project scope.
• First-in-time approach

42
2. IA Detailed Evaluation
5.
Completeness IA Detailed ICC Negotiation Results of
• IA assesses Unsolicited Proposal based on certain

considerations such as:
 Eligibility of the Proposal
 Project Merits
 Reasonable rate of return (RROR)
• Based on the Company Profile, IA pre-qualifies the Proponent
and assesses the following:
 Financial and technical capability and capacity
 Legal and institutional framework
• IA can reject or accept the Unsolicited Proposal
• If IA accepts, the Proponent is given Original Proponent Status
(OPS)

43
Decision to Accept or Reject the USP
PROJECT MERITS ACCEPT

Project is beneficial to society Inform the Proponent and
Technically sound Confer Original Proponent
Affordable Status
Scope is acceptable Prepare PE Forms and
Etc. submit to the ICC
PROPONENT’S QUALIFICATION
Legally qualified
(i.e. ownership rules)
Technically qualified REJECT
(firm experience and qualification of Inform the Proponent
key personnel)
Financially qualified
(firm’s net worth and ability to raise
loans)
44
Rights of an Original Proponent
• The rights of the Original Proponent of an unsolicited

proposal are rooted in Sec. 5 of the BOT Law, as
amended
• The Original Proponent is entitled to award of the
project in at least 3 circumstances:
• No competitive bid was submitted
• There was a better bid by a qualified bidder but Original
Proponent matched it (Right to Match)
• There was a lower bid but it was made by an entity not
qualified to bid

45
3. ICC Cabinet Committee Approval
5.
Completeness IA Detailed ICC –CC Negotiation Results of
• Submission of Project Evaluation Forms to the ICC

Secretariat.
• Evaluation conducted by the ICC-Technical Board and ICC-
Cabinet Committee.
• Key Aspects of Approval:
• Details and Proposed Project Terms of Unsolicited
Proposal;
• Reasonable Rate of Return (ROR)
• Proposed Negotiation Parameters
• Others such as Negotiation Committee, etc.
• ICC-CC determines RROR and parameters for negotiation
46
4. Direct Negotiation with the OP
5.
• IA to enter into exclusive negotiations with Original

Proponent (OP) to further develop PPP draft contract
• Should there be existing irreconcilable differences at the
end of the negotiation period, IA may reject the
Unsolicited Proposal

47
5. Report to ICC-CC
5.
• IA shall submit a report to ICC-CC result of negotiation

with Original Proponent (OP) for approval/validation
• OP shall notify IA that it accepts all terms and conditions
• Once approval of successful negotiation from ICC-CC is
obtained, “Certificate of Successful Negotiation” is issued
jointly by Head of Agency/IA and authorized signatory of
OP

48
6. Publication and 7. Bid Proper
7. 8. 9. 10.
6. Bid Proper Bid Evaluation Period for Contract
Publication (Swiss (Comparative Right to Signing /
Challenge) Proposals) Match by OP Implementation
 IA prepares the bid documents such as the Instruction to Comparative

Proponents “ICP”, Project Information Memorandum “PIM”
 Swiss Challenge starts with the publication of invitation for comparative

proposals for competitive bidding
• Release of bid documents and Final Contract
NOTE: The Final Contract released to prospective challengers is not subject to any
change because it is already
(i) Agreed with the OP
(ii) Reviewed by Statutory Cousel/IA legal officer, and
(iii) Approved by IA
• Posting of bid bond by OP

• Pre-bid conference and one-on-one meetings with potential
challengers
49
8. Bid Evaluation
7. 8. 9. 10.
• Proposals shall be evaluated in three stages:

• Stage 1, qualification documents;
• Stage 2, the technical proposal; and
• Stage 3, the financial proposal.
• Only those bids which pass the first stage will be considered for
the second stage and similarly, only those which pass the second
stage will be considered for the third stage evaluation.
• The IA will return to the disqualified bidders the remaining
envelopes unopened, together with a letter explaining why they
were disqualified.

50
9. Right to Match of the Original Proponent
7. 8. 9. 10.
 In the event another proponent submits a better bid,

the original proponent shall have the right to match
that price within thirty (30) working days.

51
10. Award and Execution of the Contract
7. 8. 9. 10.
• Issue a notification of compliance of the winning bidder

to post-award requirements
• Execute and sign the contract
• Submit original signed contract to the Approving body
and PPP Center

52
Implementation of the PPP Contract
• Final and signed PPP contract will now be officially

handed over to implementation team
• Implementation team will consist of representatives
from IA and PPP Center, and may be assisted by
transaction advisors or Independent Consultants, if
necessary

53
Project Timeline – Unsolicited PPP
Activity Indicative (in months)
Proposal acknowledgment, Project Evaluation, and 5

Grant of Original Proponent Status
Approval of ROR and negotiation parameters by 2.5
ICC/Approving Body
Direct negotiation with original proponent 3
Approval of results of negotiation by ICC/Approving 1
Body
Advertisement (Swiss Challenge), contract review and 3.5
submission of comparative bids
Evaluation; Right to match and decision to award 3
Award, post-award requirements and contract signing 1
TOTAL 19

54
Getting Organized and Prepared
Key steps:
• Set up a governance structure and project teams
• Secure support from decision-makers
• Ensure sufficient/available resources (financial

and organizational)

55
Thank you!
For further information, please visit:
www.ppp.gov.ph
For inquiries, kindly e-mail:
capacitybuilding@ppp.gov.ph
PPPCenter.Philippines
@PPP_Ph
Public-private-partnership-
Center-of-the-philippines
Property of the Public-Private Partnership PPPPinas

56

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Orientation on PPP Concepts and Processes

FEROISA FRANCISCA T. CONCORDIA

Property of the Public-Private Partnership

Introduction to The Philippine PPP Program

PPP Legal Frameworks

The BOT Law (RA 6957 as amended by RA 7718)

Property of the Public-Private Partnership

Private Sector Financing

EO No. 8 series 2010

EO No. 136 series 2013

The PPP Center facilitates the implementation of the

Policy, Capacity and Projects

Advocate for POLICY

Assistance in the review and formulation of legal

PPP Governing Board’s policies

Property of the Public-Private Partnership

Conduct of trainings and seminars depending on the

Project Development & Unsolicited Proposals

Property of the Public-Private Partnership

Property of the Public-Private Partnership

Property of the Public-Private Partnership

RA 7718 NEDA Joint Local PPP Code

• RA 10752, RA 8974 - ROW Acquisition

*For complete list, see https://ppp.gov.ph/other-pertinent-laws/

Property of the Public-Private Partnership

Implementing Agencies: any department, bureau, office, commission, authority or agency of

▪ Review and Approving Bodies

▪ Coordinating and Monitoring Agency

Property of the Public-Private Partnership

Not a component of an approved project; and

No direct government guarantee, equity or

 IA develops Private sector submits in a sealed envelope a

Property of the Public-Private Partnership

Property of the Public-Private Partnership

Components of a PPP Feasibility Study

Value For Risk Allocation PPP Project

Property of the Public-Private Partnership

Property of the Public-Private Partnership

Industrial relations Strikes/industrial action Private

Property of the Public-Private Partnership

*One-on-ones with pre-qualified bidders

 there is a large number of bidders  there is a limited number of bidders

Property of the Public-Private Partnership

PPP Contract Management Principles

Property of the Public-Private Partnership

Monitoring and Inspection | Inter-agency Coordination

Operation and Monitoring and Inspection of Key Performance Indicators

Asset Turnover Inspection | Asset Turnover Report |

Activity Indicative (in months)

*Depending on the complexity of the project

Property of the Public-Private Partnership

Property of the Public-Private Partnership

Private sector proponent submits proposal to the

Property of the Public-Private Partnership

- It provides a venue for the private sector to propose innovative

Property of the Public-Private Partnership

Proponent submits an Unsolicited Proposal to the IA

A presence/absence test will be performed by IA to

Once all required documents are complete and in order,

Cover Letter indicating the basic information of the

Property of the Public-Private Partnership

Does the proposed project possess at least one of the