The Philippine PPP Experience
Purpose: Information
Submitted by: Philippines
Special Senior Finance Officials’ Meeting
Clark, Philippines
The Philippine
PPP Experience
I. Legal & Regulatory Framework
Revised BOT Law Implementing Rules and Regulations
EO 78 mandating the inclusion of Alternative Dispute Resolution mechanisms in PPP contracts
Revised Joint Venture Guidelines
PPP Code for Local Government Units
Policy Circular and Guidelines on Pipeline Development, Termination Payments, Viability Gap Funding, Material Adverse Government Actions, and PPP Best Practices
Creation of Contingent Liability Fund
II. Pipeline Development
Creation of the Project Development and Monitoring Facility
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III. Process Improvements
Conduct of Market Sounding
New PPP Appraisal Process
Conduct of One-on-One meetings with Prequalified Bidders
Hiring of independent consultants
IV. Building Capacity
PPP Manual for LGUs and NGAs
PPP Capacity Building Program for national implementing and oversight agencies, LGUs, and government corporations
Implementation of the LGU PPP Strategy
Institutional Partnerships with NSW Australia and JICA
PPP INITIATIVES
RATIONALE
Executive No. 8
- Mandated the PPP Center to
establish and manage a central database system of
PPP Programs and Projects
Need for sufficient institutional capacity and systems
to prepare bankable PPP Projects
Need for working mechanisms and venues (i.e.
systems) where transparent exchange, dialogue and
sharing of PPP knowledge and information among
public and private stakeholders can be facilitated
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PPP Knowledge Management Portal
Serves as a
central database
for the PPP Program
(e.g. contracts, project documents, policies, issuances,
references, knowledge products, etc.)
Serve as primary source of reliable PPP information
Provides venues for information sharing, dialogue and
consultation with public/private/ local/national and
international PPP stakeholders
Helps provide fast and reliable systems to facilitate
timely/efficient report generation
Supports the full range of knowledge requirements of all its
internal and external users
STAKEHOLDERS
Program Stakeholders – National Economic and
Development Authority, Department of Finance,
Department of Budget and Management, and PPP Center
Development Partners – ADB, AusAID, CIDA
Implementing Agencies (National Government
Agencies/Local Government Units)
PDMF Transaction Advisors
Investors
Other Government Institutions – Commission on Audit
General Public
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PPP Knowledge Management Portal
PPP
KM PORTAL
Information
Systems
PPP Center Website Project Information and Management System PPP Projects Virtual Data Room Consultants Management System Document Management and Tracking System E-Library Intranet9
Virtual Data Room
Web-based facility for information dissemination during
bidding process
Intended Users:
Prospective investors
Implementing Agencies’ Project Officers
PPP Center’s Project Officers
Will utilize Secure Socket Layer (SSL) Certificate from
trusted Certificate Authority (CA)
PPP Knowledge Management Portal
Document Tracking and Management System
Standards Compliant - Records Management and Archives
Office (RMAO)
Paper-Based Documents
Communications
PPP Policies, Memos, Special Orders
Application Forms
PPP Transaction Documents
Contracts
Various Reports
Others
E-mails
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E-Library
Standards Compliant –
Library of Congress
,
Digital Library
Federation
; other international standards
E-Library System
PPP Paper-based Materials
BOT contracts
Bibliographic search results
Library materials turned over from the
Build-Operate-Transfer Office
PPP Knowledge Management Portal
CONCEPTUAL FRAMEWORK
PPP Contract Standardization
Contract Standardization Initiative
Standard Contract Provisions (1 of 2)
Conditions Precedent
Setting conditions that must be complied with by either the grantor or concessionaire prior to certain pre-agreed timelines (e.g. concessionaire achieving financial close; the procurement of an Independent Consultant; procurement of relevant consents; and delivery of rights-of-way, etc.)
Material Adverse Government Action (MAGA)
Provision governing actions which directly and materially affects the Concessionaire of a PPP Project in performing its obligations under the relevant PPP Contract
Termination Payments
Provision defining the amount payable by the government or the concessionaire on the occurrence of an event or series of events provided for in the PPP contract that results in the termination of said contract
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Contract Standardization Initiative
Standard Contract Provisions (2 of 2)
Alternative Dispute Resolution Provision
Use of ADR mechanisms through conciliation and negotiation, mediation and arbitration, as an alternative procedure in achieving speedy and impartial justice and de-clogging court dockets
Other essential contract provisions: Lock-in period
Securing the appropriate insurance cover
Provisions on Force Majeure
Posting of performance securities
Reportorial requirements of the concessionaire
Capacity Extension (as applicable)
Ownership of assets
Handback of assets
Transparency and Good Governance Provisions
PPP Act (Amendments to the Build-Operate-Transfer
Law)
Contract Management Framework
Implementing Rules on Alternative Dispute Resolution
2015 General Appropriations Act (Contingent Liability
Fund amounting to USD 666.7M)
Institutionalization of Probity Advisory for bigger and
more complex PPP projects
PUBLIC-PRIVATE PARTNERSHIP CENTER OF THE PHILIPPINES
NEDA COMPLEX, EDSA, DILIMAN, QUEZON CITY Contact Details:
(632) 990-0721 | www.ppp.gov.ph
