- There are only nine PPP modalities to choose from.
- Lack of financial resources is the only reason govern-
ment agencies partner with private-sector proponents (PSPs). - Local governments cannot award concession contracts.
- All PPP awards must be approved by the National Economic and Development Authority (Neda).
- All PPP projects can only have a single purpose.
- Government agencies must contribute cash in a PPP joint venture (JV) in order to have a share or equity.
- The charters of government-owned and -controlled corporations (GOCCs), government instrumentalities with corporate powers (GICPs), and state universities and colleges are not PPP laws.
- The winner, in any PPP selection process, is always the proponent or bidder with the highest bid.
- All GOCCs and GICPs must follow the 2013 Neda Joint Venture Guidelines.
- After the PPP contract has been signed, the PSP can immediately construct the facility.
- The PPP Center approves PPP projects.
- A long-term lease arrangement where the government is the lessor is not a PPP.
- Under a build-operate-transfer arrangement, the government agency participates in the day-to-day operations of the PPP project.
- For JVs, the public sector and PSP should jointly incorporate a separate entity.
- A governor can enter into a PPP contract without the authorization of the provincial legislative council.
- The successor head of agency can unilaterally rescind a PPP contract entered into by the
predecessor. - Nonparties to a PPP contract, like the general public, are not stakeholders in a PPP arrangement.
- A city government cannot undertake a PPP for a monorail project.
Unsolicited Proposals:
- Do not comply with requirements of competition, accountability and transparency.
- Only provide for right to match.
- Can proceed to Stage 2, which is the negotiations stage, even if incomplete.
- Must always be accepted by the government agency.
- Must always include a full-blown feasibility study.
- Are never allowed for priority projects.
- In Stage 3, or the competitive challenge phase, covers both the technical and financial aspects.
- In all cases, confer original proponent (OP) status upon acceptance thereof.
- Stage 3 may be unilaterally canceled after the Certificate of Successful Negotiations in Stage 2 is issued.
- Cannot allow for reimbursement of OP if it fails to secure the award.
And the (my) answers are…all false. Share your insights, or if you want to learn more about PPPs, e-mail me at alberto.c.agr@gmail.com, or visit my web site www.albertocagra.com.