DISCLAIMER. The following are the signed copies of the Guidelines as approved by the Public-Private Partnership Governing Board (PPPGB). You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way the contents of these circulars without prior written permission from the PPP Center.
- What “comparative challenge documents” are being referred to in Section 93 (Applicable timelines for Unsolicited Proposals) of the implementing rules and regulations (IRR) of Republic Act No. 11966 (PPP Code) that will trigger the commencement of the comparative challenge period?
- When is the reckoning point of the comparative challenge period, in cases where the PPP Pre-Qualification, Bids, and Awards Committee (PBAC) of the Implementing Agency (IA) issued the comparative challenge documents on different days, or in cases where the PBAC of the IA failed to issue the comparative challenge documents within the deadline provided for in Section 93 of the PPP Code IRR?
♦ PPP Governing Board Resolution No. 2024-07-02: Guidelines and Procedures for the Review and Approval of Local PPP Projects by the Appropriate Approving Body under the PPP Code of the Philippines and its Implementing Rules and Regulations
The Guidelines establish the procedures and timelines, as well as the forms and templates, for the review and approval of Local PPP Projects in accordance with Republic Act No. 11966 (PPP Code of the Philippines) and its IRR.
It shall cover the following actions of appropriate Approving Bodies for Local PPP Projects implemented by Local Government Units and Local Universities and Colleges:
- Confirmation by the respective Local Development Council Executive Committee
- Review and approval of the Local Sanggunian or LUC Board
- Endorsement of the Regional Public-Private Partnership Committee of the Regional Development Council for Local PPP
- Projects affecting national or sectoral development plans and national projects, and/or involving Government Undertakings and/or Availability Payments using national government funds
- Approval of the Investment Coordination Committee of proposed Government Undertakings and/or Availability Payments using national government funds for Local PPP projects
- Review and approval of proposed changes in the approved parameters, terms, and conditions for Local Solicited PPP Projects prior to submission of bids
- Determination of the Reasonable Rate of Return in case of single complying solicited bids
- Review and approval of proposed variation, expansion, or extension of an existing Local PPP Project requiring the approval of the appropriate Approving Body
- Approval of change in, withdrawals, or substitution of Private Partners or member-firms of a consortium.
The guidelines and its annexes may be viewed/downloaded via these links:
- PPP Governing Board Resolution No. 2024-07-02
- Annex A-1: List of Documentary Requirements for Local Solicited PPP Projects
- Annex A-2: Documentary Requirements for Local Unsolicited PPP Projects
- Annex A-3: List of Documentary Requirements for the Proposed Changes to the Approved PTCs
- Annex A-4: List of Documentary Requirements for the Approval of the Changes in, Withdrawals, or Substitution of Private Partners or Member-firms of a Consortium
- Annex A-5: List of Documentary Requirements for the Approval of the Contract Variation, Expansion, or Extension of an Executed PPP Contract
- Annex 6: Proposed General Parameters, Terms, and Conditions (PTC) Forms
- Annex 7: Private Proponent Information and Qualification (PPIQ) Forms
- Annex B: Sample Computation of Reasonable Rate of Return
- All Annexes of PPP Governing Board Resolution No. 2024-07-02 (in Excel Format)
♦ PPP Governing Board Resolution No. 2024-07-03: Guidelines Pursuant to Section 10(A) of the PPP Code and Section 52 of its Implementing Rules and Regulations on Unsolicited Proposals Processed and Determined to be Incomplete on Three (3) Separate Occasions by the PPP Center
PPP Governing Board Resolution No. 2024-04-02: Interim Guidelines for the Approval of Local PPP Projects Pursuant to Section 7(E) of the PPP Code and Section 42 of its IRR
- Annex A of Interim Guidelines
- Annex A-1 Requirements for Feasibility Study, Economic Model, and Financial Model for Local Solicited PPP Projects
- Annex A-2 Local Solicited Parameters Terms and Conditions Forms (PTC) 1-3
- Annex A-3 List of Documentary Requirements for Local Unsolicited PPP Proposals
- Annex B – Interim Guidelines on Conducting Negotiations
December 23, 2023
This resolution shall cover all appeals filed during any stage of the bidding process pursuant to the BOT Law and its Revised 2022 IRR, which include appeals from pre-qualification/disqualification determinations, appeals from rejection of bids, appeals from bid evaluation decisions, and appeals from decisions to award. This resolution shall serve as an interim measure until a more detailed policy on appeal fees is promulgated.
October 20, 2023
This Guidelines aim to aid in the conduct of successful negotiations, identify key considerations in the negotiation process, and prescribe rules and procedures on the extension of the negotiation period, if necessary.
This Guidelines aims to recommend common definitions of hybrid Public-Private Partnerships (PPPs) while assisting Implementing Agencies (IAs) in ensuring the success of infrastructure projects implemented through PPPs. It also provides guidance in maximizing Value for Money (VfM) outcomes through addressing risks inherent to PPP hybrid projects.
This Guidelines aims to prevent delays associated with safeguard concerns in the Public-Private Partnership (PPP) process. These delays arise from some implementing agencies’ limited resources and capacity to review all safeguard laws, decrees, orders, issuances, rules, and regulations requiring integration in infrastructure and development projects, and limited understanding on how the safeguards requirements affect the various phases of delivering a PPP project (development, review and approval, procurement and implementation).
♦ Guidelines on Managing Unsolicited Proposals under Republic Act No. 6957 as Amended by Republic Act No. 7718
This Guidelines aims to facilitate a clearer understanding of the government’s requirements and establish a cohesive link among all relevant issuances for an easier adaptation of procurement rules and prevention of avoidable delays in the processing of unsolicited proposals (USPs).
This issuance seeks to provide framework on the PPP Center’s assistance to Government Entities in undertaking Joint Ventures Agreements (JVAs) in the context of existing JVA-related guidelines and policies.
The Government is committed to ensure a fair, impartial, transparent, and efficient Public-Private Partnership (PPP) procurement process. Probity is an important aspect of this commitment as the Government invites domestic and international investments into infrastructure.
This Guidelines replaced Policy Circular No. 05B-2017 dated February 14, 2017.
This Guidelines aims to rationalize the framework that Implementing Agencies may use in determining the most advantageous financial bid parameters for Public-Private Partnership (PPP) projects that will ensure the best Value for Money (VfM) outcomes for the Government, as well as the best interest of the user community.
♦ Code of Conduct for the PPP Governing Board
This Code of Conduct aims to establish guidelines for ethical standards of conduct of the PPP Governing Board and to help determine the appropriate demeanor in certain cases.
This Code of Conduct represents an overall framework by which all members of the Board shall endeavor to act and behave. It is not an exclusive listing of all ethical rules or requirements. All members of the Board shall be congnizant of their responsibilities under the law and shall require as to whether any contemplated act is in violation of this Code or any other applicable ethical rule or requirement.
♦ Policy Circular No. 05B-2017-Appointment of Probity Advisors for PPP Procurement
The Government is committed to ensure a fair, impartial, transparent, and efficient Public-Private Partnership (PPP) procurement process. Probity is an important aspect of this commitment as the Government invites domestic and international investments into infrastructure.
Amended in PPP Governing Board Resolution No. 2018-03-03
This Guidelines institutionalizes the consultation and engagement of the public, with the end view of improving transparency in the development and implementation of Public-Private Partnership (PPP) projects.
The Government’s objective is to attain the most cost-efficient way to deliver services to its citizens. In Public-Private Partnership (PPP), Value for Money (VfM) analysis ensures that infrastructures and services are provided at lower costs and related risks are taken into account.
The Government’s employees are among the biggest assets in building modern public infrastructure and delivering efficient public services. This Policy Circular aims to set out a framework for managing government employees affected by PPP projects.
♦ Guidelines on Assessing Value for Money in PPP Projects
The Government’s objective is to attain the most cost-efficient way to deliver services to its citizens. In Public-Private Partnership (PPP), Value for Money (VfM) analysis ensures that infrastructures and services are provided at lower costs and related risks are taken into account.
Amended in Policy Circular No. 09A-2016-Assessing Value for Money in PPP Projects
♦ Policy Circular No. 08-2016 Managing Government Employees Affected by PPP Projects
The Government’s employees are among the biggest assets in building modern public infrastructure and delivering efficient public services. This Policy Circular aims to set out a framework for managing government employees affected by PPP projects.
Amended in Policy Circular No. 08A-2016 Managing Government Employees Affected by PPP Projects
♦ Policy Circular No. 05A-2016-Appointment of Probity Advisors for PPP Procurement
The Government is committed to ensure fair, impartial, transparent, and efficient Public-Private Partnership (PPP) procurement process. Probity is an important aspect of this commitment as the Government invites domestic and international investments into infrastructure.
Amended in Policy Circular No. 05B-2017-Appointment of Probity Advisors for PPP Procurement
This Guidelines seeks to identify the roles and responsibilities of the key parties involved in monitoring the implementation of PPP projects; to define the protocols for generating, processing, and sharing information for monitoring the implementation of Public-Private Partnership (PPP) projects; and to document information on lessons learned and best practices during project implementation that can be used in planning, evaluating, and implementing future PPP projects.
♦ Termination Payment for PPP Projects
Termination Payment (TP) refers to the amounts payable by the Government or the Concessionaire on the occurrence of an event or series of events provided for in the Public-Private Partnership (PPP) contract that results in the termination of said contract.
♦ Policy Circular No. 05-2015 Policy Circular on Appointment of Probity Advisors for PPP Procurement
This Policy Circular aims to institutionalize the appointment of Probity Advisors prior to the commencement of applicable PPP procurements to manage and provide an independent opinion on probity issues that may arise during the procurement process; and for confirming that the concluded process has met the probity requirements.
Amended in Policy Circular No. 05A-2016-Appointment of Probity Advisors for PPP Procurement
♦ Guidelines on Viability Gap Funding (VGF)
This Guidelines seeks to institutionalize a VGF scheme for PPP projects to make economically-viable Public-Private Partnership (PPP) projects affordable to the public and at the same time, improve their commercial attractiveness.
♦ Institutionalization of Best Practices in the Public-Private Partnership Processes
This Guidelines aims to institutionalize best practices in PPP procurement process and project implementation across the government and guide the implementing agencies in effectively integrating these into the PPP procurement process and project implementation.
This Guidelines aims to institutionalize the criteria and process in the identification, selection, and prioritization of PPP projects using Multi-Criteria Analysis (MCA) approach, which can be a useful tool in determining potential PPP projects and ensuring generation of a credible list of projects that have a relatively higher potential of being procured using the PPP scheme.
