The Philippines Public Private Partnership Experience
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1 2015/FMP/PPP4/008 Session: 3 The Philippines Public Private Partnership Experience Submitted by: Philippines 4 th Public Private Partnership Experts Advisory Panel Meeting Tagaytay, Philippines 4 March 2015
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3 PPP Program is geared towards INCLUSIVE GROWTH PPP as one of the strategies to accelerate INFRASTRUCTURE DEVELOPMENT Private sector as PARTNER IN DEVELOPMENT PPP Center as the CHAMPION FOR PUBLIC-PRIVATE PARTNERSHIPS 2
4 Per Executive Order No. 8, s. 2010, as amended by Executive Order No. 136 signed last 28 May 2013: BOT Center renamed as PPP Center Expanded mandate: o o o BOT Law Joint Venture arrangements Other PPP arrangements PPP Center to directly report to the PPP Governing Board PPP Center Services: o Provide advisory services o Facilitate development of PPP projects o o o o Manage the Project Development and Monitoring Facility Capacitate national implementing agencies and LGUs Advocate policy reforms Monitor implementation of PPP projects 3
5 PROJECT PREPARATION AND DEVELOPMENT Capacity Development Pre-investment financing (PDMF) PROJECT PREPARATION AND DEVELOPMENT Advisory services (legal, technical, financial matters) PROJECT REVEW & APPROVAL/ PREPARATION OF BID DOCUMENTS Preparation of PPP transaction documents (bid documents, draft contract, etc) PQ & BID EVALUATION Participate as non-voting observer of BAC Provide advice during procurement process CONTRACT AWARD AND IMPLEMENTATION PPP Center is involved in every part of the project cycle, ensuring that projects are bankable, transparent and advancing public interest. PROJECT REVIEW AND APPROVAL CONTRACT AWARD & IMPLEMENTATION Monitor project implementation and contract compliance PQ & BID EVALUATION PREPARATION OF BID DOCUMENTS 4
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7 Enhanced 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 Establishment of the Contingent Liability Fund in the annual General Appropriations Act (GAA) Next Steps Enactment of the PPP Act Issuance of Policy Circular and Guidelines on Pipeline Development, Termination Payments, Viability Gap Funding, Material Adverse Government Actions, and PPP Best Practices Institutionalization of the Contingent Liability Fund into the PPP Act 6
8 Developed Robust PPP Pipeline 9 awarded projects with a total value of USD 2.90 Billion 50 projects in the pipeline in various stages of development amounting to over USD 21 Billion 40 Projects with Project Development and Monitoring Facility (PDMF) support 22 renowned PDMF panel of consulting firms Next Steps Hiring of independent consultants through the PDMF Probity advisory for big-ticket projects Contract Standardization 7
9 Building Capacities 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 Next Steps Development of PPP Knowledge Management Portal National Govt. Agency (NGA) PPP Manual Institutional Partnerships with Infrastructure New South Wales Australia and Japan International Cooperation Agency 8
10 Improvements in the PPP Process New PPP Appraisal Process Conduct of Market Sounding Conduct of One-on-One meetings with Prequalified Bidders Next Steps Strengthening framework, processes, and inter-agency coordination in implementation of awarded projects Enhancing the PPP monitoring framework 9
11 Status PROJECTS UNDER IMPLEMENTATION No. of Projects Estimated Cost (in billion USD) Awarded Other projects for implementation Sub-total PPP PIPELINE Projects under procurement Projects approved for roll-out For approval of relevant government bodies Projects with ongoing studies 13 TBD For procurement of consultants 6 TBD Under conceptualization or development 13 TBD Sub-total * TOTAL * *This does not include projects with no estimated costs yet. 10
12 11 Result: Overall Index Analysis of a benchmark index and learning tool that assesses the readiness and capacity of countries in the Asia-Pacific Region to carry out sustainable, long term PPPs Ranking Criteria: Legal and regulatory framework (25%) Institutional framework (20%) Operational maturity (15%) Investment climate (15%) Financial facilities (15%) Sub-national adjustment factor (10%) In the ASEAN region, Philippines ranked highest in terms of PPP readiness --Infrascope 2011 Study (By the Economist Intelligence Unit as commissioned by the Asian Development Bank)
13 PPP CENTER recognized as Best Central Government PPP Promoter It is the LONE ASIAN entry in the category and the LONE ASEAN entry to Partnerships Awards 2014
14 The World Bank described the Philippines as the next Asian miracle ; HSBC estimates it to be the 16 th largest economy in the world by 2050; and the country s growth rate is projected to be one of the highest in ASEAN in the next few years. We identify key opportunities in the infrastructure and consumer sectors in the Philippines and share insights on doing business in the country.- International Enterprise Singapore The P3 markets in the Philippines and China are expanding with deal flow accelerating in the Philippines under the current administration and its P3 center Moody s Investor Service While the Philippine government must take primary responsibility for investing in public infrastructure, public-private partnerships (PPP) are an important part of the solution..by giving the private sector a stake in nation building, we believe the country can move that much closer to meeting its infrastructure needs Foundation for Economic Freedom Philippines is known globally as having one of the best PPP policy - Japan International Cooperation Agency (JICA) Director General Hidetoshi Irigaki for Southeast Asia and Pacific Department
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16 BACKGROUND 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 15
17 KM Portal Information Systems Developed Virtual Data Room Web-based facility for information dissemination during bidding process Intended Users: Prospective investor, Implementing Agencies Project Officers, and PPP Center s Project Officers Will utilize Secure Socket Layer (SSL) Certificate from trusted Certificate Authority (CA) Under Development PPP Center Website Project Information and Management System Consultants Management System Document Management and Tracking System E-Library Intranet 16
18 Repository of PPP-related information: Policies; legal and regulatory framework; tender process; sample contracts; PPP best practices; list of private firms, consultants, and experts involved in PPP projects; and list of PPP projects undertaken by APEC economies. Interconnectivity of KM Portals in the APEC region Serve as platform for PPP information sharing among APEC member countries 17
19 Provide standard contract templates for APEC member economies Serve as a guidance document incorporating PPP best practices (contract provisions to include, among others, Material Adverse Government Action, Termination Payment Regime, and Alternative Dispute Resolution Provision) Aims to streamline the drafting of PPP concession agreements and thus reduce due diligence cost Encourage private sector participation in PPP projects through transparent and predictable contract terms 18
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