The Philippine PPP Experience

Transcription

1 2015/SFOM/S/014 Session: 4 The Philippine PPP Experience Purpose: Information Submitted by: Philippines Special Senior Finance Officials Meeting Clark, Philippines January 2015

2 The Philippine PPP Experience Initiatives for a Sustainable PPP Program 1

3 PPP INITIATIVES 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 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 3 2

4 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 5 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 6 3

5 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 7 PPP Projects Virtual Data Room Consultants Management System Document Management and Tracking System Project Information and Management System E-Library PPP Center Website PPP KM PORTAL Information Systems Intranet 8 4

6 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) 9 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 s 10 5

7 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 11 CONCEPTUAL FRAMEWORK 12 6

8 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 14 7

9 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 15 Next Steps 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 16 8

10 For more information please visit PUBLIC-PRIVATE PARTNERSHIP CENTER OF THE PHILIPPINES NEDA COMPLEX, EDSA, DILIMAN, QUEZON CITY Contact Details: (632)