Public-Private Partnership Center

1. Completeness Checklist for Unsolicited PPP Proposals
2. Completeness Check Forms 1-5
3. Private Proponent Information and Qualification Form

1. Unsolicited Proposals submitted between 8:00AM to 5:00PM, from Monday to Friday, shall be acknowledged via email on the same day, copy furnished the identified Implementing Agency/ies. Unsolicited Proposals received outside of business hours shall be considered submitted, and shall be acknowledged, on the following working day.
2. Once the submission is acknowledged by the PPP Center, no supplementary submissions or documents from the Private Proponent shall be accepted and considered.
3. Within ten (10) calendar days from the issuance of the official acknowledgement, the PPP Center shall then determine the completeness of the Unsolicited Proposal and the appropriate Approving Body.
   
   In computing the period for the ten (10)-calendar day completeness check, the first day shall be excluded and the last day included. If the last day of the completeness check falls on a non-working day (i.e., Saturday and Sunday), legal holiday, special non-working holiday, or other non-working days duly declared by the President or the Mayor of the city where the PPP Center office is located, it is understood that the last day shall be the next working day.
4. The PPP Center may call for a meeting with the Private Proponent to clarify details about the submitted documents and/or to discuss initial findings on the Unsolicited Proposal.
5. If the Unsolicited Proposal is determined to be complete by the PPP Center, it shall endorse the proposal to the appropriate Implementing Agency/ies in writing. Said official endorsement, copy furnished the Private Proponent, shall indicate the PPP Center’s: (a) confirmation of the completeness of the submitted Unsolicited Proposal, and (b) determination of the appropriate Approving Body for the proposed project.
6. If the Unsolicited Proposal is determined to be incomplete by the PPP Center:
   1. it shall notify the Private Proponent in writing, clearly listing down the lacking information or requirement and returning all the documents submitted by the Private Proponent. The decision of the PPP Center to return the Unsolicited Proposal shall be final and non-appealable.
   2. the Private Proponent whose submission is determined to be incomplete shall not be precluded from resubmitting another Unsolicited Proposal for the same project, which shall be considered as a new submission and shall be reviewed following the stated period. The resubmission shall address all the deficiencies identified by the PPP Center.
7. If the PPP Center fails to render a final decision within the prescribed ten (10) calendar days, the Unsolicited Proposal shall be deemed incomplete.

To download the flowchart of the USP process under the PPP Code and its IRR, please click here.

1. USPs are allowed for projects in the List of PPP Projects, subject to Private Proponent’s reimbursement of the government’s documented development costs for the last 3 years from submission of the USP; not exceeding six percent (6%) of the Project Cost excluding the cost of right-of-way (ROW) acquisition (Section 10(c) of the PPP Code and Section 49 of the IRR). The reimbursement shall be made by the winning bidder as a condition for award, or by the Private Proponent who submitted the USP in case the USP did not proceed due to failure of negotiation.
2. Any change in the composition of the OP that will affect its majority ownership shall be strictly prohibited (Section 10(b)(2) of the PPP Code).
3. Pursuant to Section 10(c) of the PPP Code and Section 50 of the IRR, the following GUs are prohibited for USPs:
   

   Prohibited GUs for Unsolicited Proposals	Definition /related provision under the PPP Code and the IRR
   i. VGF and other forms of Subsidy	Subsidy refers to an agreement where the IA will: (1) defray, pay for, or shoulder a portion of the Project Cost or the expenses and costs in operating or maintaining the project; (2) bear a portion of capital expenditures associated with the establishment of an infrastructure or development project and services; (3) contribute any property or assets to the project; and/or (4) waive charges or fees relative to business permits or licenses that are to be obtained for the Construction of the project: Provided, That items (1) to (4) shall not be considered as Subsidy if the government receives payment or remuneration from the Private Partner for such: Provided, further, That subsidy falling under items (1) and (2) shall not exceed fifty percent (50%) of the Project Cost: Provided, finally, That in the case of solicited proposals, the expenses for existing ROW or ROW to be acquired shall not be included in the said cap. Subsidy shall also include Viability Gap Funding (VGF) which refers to a type of Subsidy that may be extended by the government to make an economically viable revenue-based PPP Project financially viable: Provided, That government payments for ROW, and resettlement shall not be considered as VGF. VGF may also be extended to revenue-based PPP Projects having an element of Availability-based PPP.
   ii. Payment of ROW-related costs	Payment of ROW-related costs may be allowed if the government receives appropriate compensation, which shall in no case be lower than the value of the costs of ROW to be acquired; Provided, That the Private Partner must submit a ROW acquisition and resettlement plan, which shows the extent of ROW that has been acquired and ROW necessary to be acquired for the PPP Project; Provided, further, That the Private Partner shall advance the payment for such ROW acquisition and related costs.
   iii. Performance undertaking	Performance Undertaking refers to an undertaking of a department, bureau, office, commission, authority, agency, GOCC, LGU, or by the Republic of the Philippines, other than the Implementing Agency, in assuming responsibility for the performance of the Implementing Agency’s obligations under the contractual arrangement including the payment of monetary obligations, in case of default. These undertakings may be subject to payment of risk premium to the government or LGU, or any other authorized agency.
   iv. Additional exemptions from any tax other than those provided for by law	Additional exemptions from any tax specifically provided for the PPP Project through a legal issuance, other than those provided for by applicable laws
   v. Guarantee on Demand	Guarantee on Demand refers to an agreement where the IA undertakes to assume the market demand risks associated with the PPP Project: Provided, That the adoption of availability-based schemes and Availability Payments shall not be considered as Guarantee on Demand.
   vi. Guarantee on Loan Repayment	Guarantee on Loan Repayment refers to an agreement where the IA guarantees to assume responsibility for the repayment of debt directly incurred by the Private Partner in implementing the PPP Project in case of a loan default. As an exception, government repayment of debt as part of Termination Payments shall not be considered as Guarantee on Loan Repayment.
   vii. Guarantee on Private Sector Return	Guarantee on Private Sector Return refers to an agreement where the IA guarantees to provide a predetermined rate of return on the investment of the Private Partner. This shall not cover Termination Payments arising from government events of default.
   viii. Government equity	Government Equity refers to the subscription by the Implementing Agency of shares of stock or other securities convertible to shares of stock of the project company, whether such subscription will be paid by money or assets.
   ix. Contributions of assets, properties, and rights	Contributions of the usufruct of assets, properties, and/or rights may be allowed if the government receives appropriate compensation, which shall in no case be lower than the value of the usufruct of assets, properties and/or rights contributed, subject to fair valuation by a Third-party Appraiser. In determining such compensation, taxes, handback value of government assets, and cash flows incidental to the PPP Project shall not form part of the compensation for the usufruct of assets, properties, and rights contributed.
   For JV arrangements, GUs viii and ix may be allowed.