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The Philippine PPP Program
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The Philippine PPP Agenda
PPP Program is geared towards
INCLUSIVE GROWTH
PPP as one of the strategies
to accelerate
INFRASTRUCTURE
DEVELOPMENT
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Private sector as
PARTNER IN
DEVELOPMENT
PPP Center as the
CHAMPION FOR
PUBLIC-PRIVATE
PARTNERSHIPS
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1987 Philippine Constitution “The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed
investments.”
RA 6957, as amended by RA 7718: The Amended Build-
Operate-and-Transfer (BOT) Law
Revised BOT Law Implementing Rules and Regulations
Other Major Laws
RA 8974 (Right of Way Acquisition Act)
RA 8975 (Expeditious Implementation and Completion of Government
Infrastructure Projects by Prohibiting Lower Courts from Issuing Temporary
Restraining Orders)
RA 7160 (Local Government Code)
PPP Legal and Regulatory Framework
Contracting Parties/ Implementing
Agencies o National Line Agencies
o Government Corporations
o Local Government Units
o State Universities and Colleges
Other National Agencies Concerned o Line Agencies/ Departments
(policymaking bodies)
o National and Sectoral Regulatory
Bodies
Review and Approving Bodies o Inter-Agency Investment Coordination
Committee
o National Economic and Development
Authority
(NEDA) Board
o Local Government Councils
Coordinating and Monitoring Agency
o Public-Private Partnership Center 5
PPP Institutional Arrangement
PREQUALIFICATION, BIDS
AND AWARDS COMMITTEE
(PBAC)
• Responsible for all aspects of
the pre-bidding and bidding
process, including the
preparation of tender documents,
conduct and evaluation of bids,
and interpretation of the rules
regarding the bidding, among
others
“In the ASEAN region, Philippines ranked highest in terms of PPP readiness…”
--Infrascope 2011 Study (By the Economist Intelligence Unit as commissioned by the Asian Development Bank)
Result: Overall Index Analysis of a benchmark index and
learning tool that assesses the
readiness and capacity of countries
in the Asia-Pacific Region to carry
out sustainable, long term PPPs
Ranking Criteria: Legal and regulatory framework (25%)
Institutional framework (20%)
Operational maturity (15%)
Investment climate (15%)
Financial facilities (15%)
Sub-national adjustment factor (10%)
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Infrascope 2011: PHL as the Most PPP-Ready in Southeast Asia
The Philippines
10.95 8.34 6.72 6.95 1.17 5.0
Introduction to PPP
Definition of PPP
A range of possible contractual
arrangements between the Public
(Implementing Agency or Local
Government Unit) and private entities to
accelerate provision and/or
implementation of infrastructure and/or
development projects or services
The contractual agreement provides
clearly-defined roles and
responsibilities of the parties/partners.
There is allocation of rewards/revenues/
costs/risks among public and private
partners.
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Forms of PPP
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Utility
Restructuring Corporatization
Decentralization
Civil Works Service Contracts
Management & Operating Contracts
Leases/ Affermage
• Concessions • BOT Projects • DBOs
JV/ Partial Divestiture
of Public Assets
Full Divestiture
Low High Extent of Private Sector Participation
Source: (Delmon, 2010)
Public Owns and
Operates Assets Public-Private Partnership
Private Sector Owns and
Operates Assets
SERVICE CONTRACT
Government procures the services of a
private entity to carry out one or more
specified task/s or service/s for a fixed
period, typically 1-3 years for a fixed cost;
government control remains
MANAGEMENT CONTRACT
Government hires private entity for the
daily operation and management of a
particular task or service; government
ultimately remains responsible for service
provision
LEASE CONTRACT
Private partner is responsible for
service provision in its entirety, and bears
financial risk of Operation and
Maintenance (O&M); government retains
ownership of the facility/ infrastructure
PPP Contractual Arrangements
CONCESSION
Private partner is
responsible for capital
investment and full
delivery of services,
including O&M, collection,
construction/ rehabilitation
of the infrastructure facility
or system; government
retains ownership of the
public assets during the
concession period
JOINT VENTURE
Government and private
partner pool resources
(money/ capital, services,
assets) to pursue a
specific infrastructure
facility or project;
government and private
partner share in the
profits, losses, and risks of
the project
BOT (and its
variants)
Private partner finances,
constructs, and, in some
cases, operates and
maintains a facility or
project. Private partner is
allowed to charge user
fees to recover its
investment. Government
and private partner share
project risks.
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• Smaller ‘ ’ marks indicate Only for the term of
concession
PPP Contractual Arrangements BOT Variants
• Highways/Roads
• Railroads & Railways • Ports • Airports • Transport Systems
• Power Plants • Telecommunications • ICT Systems/Facilities • Agriculture • Canals, Dams, Irrigation
• Water Supply • Land Reclamation • Solid Waste Management • Tourism Facilities • Education
• Health Facilities • Industrial & Tourism Estates • Markets, Warehouses, Slaughterhouses • Housing, Government Buildings • Climate change mitigation/adaptation infrastructure projects
• Other Infrastructure/ Development Projects/ Systems
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Eligible Types of PPP Projects
Philippine Modes of Procurement
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GPRA PPP JV
LEGAL BASIS RA 9184 RA 6957/7718 and its
IRR EO 243
FINANCING GAA / ODA Private Sector Joint
TERM Short Term Long Term Short or Long
Term
OWNERSHIP Government Government Government or
Private
APPLICATION All All
GOCCs / GFIs /
GCEs / GICPs /
SUCs
Philippine Modes of Procurement
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GPRA PPP JV
ENTITIES /
PARTIES
INVOLVED
BAC PBAC JV-SC (Selection
Committee)
Head of Procuring
Entity (HOPE) Head of Agency
Head of Government
Entity / Private Sector
partner
Procuring Agency Implementing Agency LGUs, GOCCs, GCEs,
GFIs, GICPs, and SUCs
BAC Secretariat /
TWG
No counterpart
provision / By common
practice these parties
are also formed
No counterpart provision
MONITORING GPPB PPP Center NEDA / PPP Center
Traditional vs. PPP Procurement
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Traditional Funding Modalities PPP
Provides limited role of private sector in local
infrastructure and development Plan
Recognizes the essential role of the private sector
as main engine for national growth and development
Provides important services as designed by
the public sector without considering the
revenue stream
Enhances the provision of services by utilizing the
most appropriate technology and expertise which
can be transferred to the public
Limited coverage to implement local
infrastructure and development projects due
to availability of funds
Can implement priority infrastructure and
development projects without the burden of raising
funds
Allows public sector to utilize funds for other
purposes
Faster project implementation and ensured
operating efficiency
High probability of absorbing risk by
government
Delegation of responsibility and risk between the
public and private partners; Less risks on
government due to risk-shared allocation
Defined cost ceiling for projects Cost ceiling is more on the project’s viable revenue
stream
Financing option is defined and structured Flexible financing including use of private capital
Ready source of funds during lean periods
Traditional vs. PPP Procurement
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Actors Involved in the Procurement Process
PROJECT COMPANY
Concession Agreement
Loan Covenants
Operating and Maintenance
Agreement
Fixed-price, Date-certain, Lump-sum, Turnkey
Contract
Shareholders’ Agreement
Government Agency Lenders
Operator Construction Consortia
Investors
The PPP Center: Its Evolving Roles and Mandate
The PPP Center
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Per Executive Order No. 8, s. 2010,
as amended by Executive Order No. 136
signed last 28 May 2013:
BOT Center renamed as PPP
Center
PPP Center Services: o Provide advisory services
o Facilitate development of PPP
projects
o Manage the Project Development
and Monitoring Facility
o Capacitate national implementing
agencies and LGUs
o Advocate policy reforms
o Monitor implementation of PPP
projects
Expanded mandate: o BOT Law
o Joint Venture arrangements
o Other PPP arrangements
PPP Center to directly report to the
PPP Governing Board
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Institutional Evolution
of the PPP center
Evolving Institutional Role in
Critical Phases of Private
Sector Engagement Arroyo
Administration
2001-2010
• Revert to
BOT
Program • BOT Center
under DTI
Comparative PPP Procurement Timelines
PHILIPPINES UNITED
KINGDOM CANADA AUSTRALIA INDIA EUROPE SOUTH
AFRICA
12-26/
(Ave.18.8)
Months
22-35
Months
16-18
Months
14-18
Months
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Months
22.3
Months
35
Months
SOURCES: Public–Private Partnership Infrastructure Projects: Case Studies from the Republic of Korea, Volume 1: Institutional Arrangements and Performance by Jay-Hyung Kim, Jungwook Kim, Sunghwan Shin, Seung-yeon Lee; PPPs and Public Procurement – Darin Grimsey and Mervyn Lewis, Australia; Are We There Yet? The Length of Tendering Periods for PPPs in Ireland Eoin Reeves, Darragh Flannery, and Donal Palcic Department of Economics, University of Limerick, Limerick, Ireland; KPMG 2010 study; Source: Official Journal of European Communities 2005
ITPB
FINANCIAL CLOSE
*
*Length of procurement process for the Philippines includes the start of the issuance of the Invitation to Pre-Qualify to Bid (ITPB) to the issuance of Notice to Proceed
(NTP) or start of construction/groundbreaking.
PPP FOR SCHOOL
INFRASTRUCTURE PROJECT
shortlisted under the category
BEST PATHFINDER.
It is the lone ASEAN entry to
Partnerships Awards 2013. www.partnershipsbulletin.com/awards/categories.html
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Best Central Government PPP Promoter
PPP CENTER
recognized as
“Best Central
Government PPP
Promoter”
It is the LONE ASIAN
entry in the category
and the LONE ASEAN
entry to Partnerships
Awards 2014
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Capacity Development
Pre-investment financing (PDMF)
Advisory services (legal, technical,
financial matters)
Preparation of PPP
transaction documents
(bid documents, draft
contract, etc)
Monitor project
implementation and
contract compliance
Participate as non-voting
observer of BAC
Provide advice during
procurement process
PPP Center is involved in
every part of the project cycle,
ensuring that projects are
bankable, transparent and
advancing public interest.
PROJECT PREPARATION
AND DEVELOPMENT
PROJECT REVIEW & APPROVAL/
PREPARATION OF BID DOCUMENTS
PQ & BID EVALUATION
CONTRACT AWARD &
IMPLEMENTATION
The Roles of PPP Center
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PPP Center Services
Provides project development
and advisory services;
technical assistance to NGAs
and LGUs
Manages and administers the
Project Development and
Monitoring Facility (PDMF)
Capacitates NGAs and LGUs
in PPP project preparation and
development
Monitors PPP project
implementation and advocates
policy reforms for efficient
PPP implementation
Project Development and Monitoring Facility (PDMF)
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Revolving pool of funds made
available to enhance the investment
environment for PPP and to develop a
robust pipeline of viable and well-
prepared PPP infrastructure projects
22 consortia of Internationally-
renowned consulting firms
PDMF Funds | USD 69.47
million USD 18 million from AusAID through ADB
USD 51.47 million from the Philippine Government
PDMF SCOPE OF SERVICES
include pre-investment activities
of potential PPP projects,
including but not limited to: o preparation of project pre-
feasibility and feasibility studies
o project structuring
o preparation of bid documents and
draft contracts
o transaction advisory
o assistance in the tendering
process including bid evaluation and
project award through competitive
selection
PDMF Consultant Procurement
through PDMF is faster and more
efficient (63 calendar days)
compared to regular procurement
(123 calendar days).
IMPLEMENTATION
PHASE PRE-IMPLEMENTATION PHASE
PHASE I PHASE II PHASE III
P
P
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Implementation
Monitoring
Evaluation
INTRODUCTION AND INCEPTION PPP: What and Why
Needs Analysis
Options Analysis
Economic Valuation
Policy and Institutional Setup
Project Identification
PLANNING / IDENTIFICATION / STRUCTURING / APPROVAL Project Preparation & Plan/Structuring (Pre-FS/FS)
Review and Appraisal Processes/ Requirements
Procurement Documents Preparation
Procurement Plan
PROCUREMENT AND AWARD Invitation and Prequalification
Transparency and Competitive Requirements
Evaluation, Review and Selection
Negotiation and Award Processes
Construction and Commissioning
Contractual Compliance Monitoring and Evaluation
Risk Monitoring and Mitigation
Project Management
Progress Reporting
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Capacity Building Program
PPP Manual for Implementing Agencies
The LGU PPP Manual is envisioned as a
tool that should guide its users in developing
infrastructure projects using PPP processes.
VOLUME 1: Understanding PPP Concepts and
Framework.
VOLUME 2: Developing PPP Projects
for Local Government Units.
VOLUME 3: PPP Project Templates
and Bid Documents.
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The National Government Agency (NGA) Manual is a guide related to project
preparation and procurement processes,
and specific aspects of the design and
implementation of PPPs.
VOLUME 1: Identification, Selection and
Prioritization of PPP Project
VOLUME 2: Project Preparation, Evaluation, and
Approval
VOLUME 3: Tendering, Negotiation,
Implementation, and Operation
VOLUME 4: Annexes
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THANK YOU
ppp.gov.ph