Pursuant to Section 7(e) of the Republic Act 11966, otherwise known as the PPP Code of the Philippines, and Section 31 of its Implementing Rules and Regulations, the National Economic and Development Authority (NEDA) Board has approved the NEDA Board-ICC Guidelines on the Review and Approval of PPP Proposals Requiring ICC and/or NEDA Board Approval on April 25, 2024.
The Guidelines details the new ICC process, checklists, and other forms for the submission, evaluation, and approval of the following PPP projects:
a. National PPP Projects with project cost of PHP15 billion and above
b. National PPP Projects with project cost of below PHP15 billion but meets any of the five (5) criteria provided in Section 7(a)(1)(ii) of the PPP Code and Section 25 of its IRR
c. National PPP Projects implemented by more than one (1) national implementing agency
d. PPP Projects implemented by a national and a local implementing agency
e. National PPP Projects to be implemented by State Universities and Colleges via green lane
The Guidelines also covers the process and checklists for the submission, evaluation, and approval of the following:
a. Proposed government undertakings or availability payments using national government funds for Local PPP Projects
b. Changes to PTCs of the draft PPP contract prior to submission of bids
c. Contract variation, expansion, or extension of an executed PPP contract
d. Changes in, withdrawals, or substitution of private partners or member-firms of a consortium
The following are the annexes of the Guidelines:
Annex 1: General NEDA Board-ICC Procedures as of April 25, 2024
Annex 2: Sample Computation on Determining the RROR for the Toll Road Industry
Annex 3: List of Documentary Requirements for the approval of the following PPP projects:
- National PPP Projects with project cost of PHP15 billion and above
- National PPP Projects with project cost of below PHP15 billion but meets any of the five (5) criteria provided in Section 7(a)(1)(ii) of the PPP Code and Section 25 of its IRR
- National PPP Projects implemented by more than one (1) national implementing agency
- PPP Projects implemented by a national and a local implementing agency
- National PPP Projects to be implemented by State Universities and Colleges via green lane
Annex 4: List of Documentary Requirements for the approval of the proposed government undertakings or availability payments using national government funds for Local PPP Projects
Annex 5: List of Documentary Requirements for the approval of the changes to PTCs of the draft PPP contract prior to submission of bids
Annex 6: List of Documentary Requirements for the approval of the contract variation, expansion, or extension of an executed PPP contract
Annex 7: List of Documentary Requirements for the approval of the changes in, withdrawals, or substitution of private partners or member-firms of a consortium
Annex 8: PTC Forms
Annex 9: Private Partner Information and Qualification Form
Annex 10: List of Requirements to Establish the Qualification of the Private Proponent for Unsolicited Proposals
Alternatively, said Guidelines may also be accessed through NEDA’s website: https://neda.gov.ph/investment-coordination-committee/