Law Summary
Management of the Project Development and Monitoring Facility (PDMF)
- The PPP Center is tasked to manage and administer the Project Development and Monitoring Facility (PDMF), previously known as the Project Development Facility (PDF).
- The PDMF is established as a revolving fund under Executive Order No. 44 (s. 2002).
Creation of the PPP Governing Board
- The PPP Governing Board is created as the overall policy-making body for PPP-related matters, including PDMF management.
- The Board sets strategic directions and creates an enabling policy and institutional environment for PPP.
- Membership includes key Cabinet members such as the Secretary of Socio-Economic Planning (Chairperson), Secretary of Finance (Vice-Chairperson), and private sector representation.
- A quorum requires the Chairman and three other members; a majority vote is needed for decisions.
- The PPP Center acts as the Secretariat of the Board.
Leadership and Supervision of the PPP Center
- The PPP Center is headed by an Executive Director with rank equivalent to an Undersecretary.
- The Executive Director is appointed by the President upon recommendation of the Secretary of Socio-Economic Planning.
- The Executive Director manages day-to-day operations and supervises the PPP Center.
Membership in NEDA Interagency Committees
- The Executive Director of the PPP Center is included as a member of the NEDA Infrastructure Committee Technical Board (INFRACOM-TB) and the NEDA Investment Coordination Committee Technical Board (ICC-TB).
Retirement and Separation Benefits for BOT Center Personnel
- Personnel separated due to reorganization receive benefits beyond those authorized under RA No. 8291 (GSIS Act of 1997).
- Separation benefits are calculated based on years of service with the following scale:
- 1/2 month of basic salary per year for less than 21 years of service.
- 3/4 month of basic salary per year for 21 to less than 31 years of service.
- 1 month of basic salary per year for 31 years or more.
- Monthly basic salary is defined as the highest salary received prior to separation.
- The PPP Center prepares a certified list of separated employees for computation and processing of benefits.
Use and Management of the PDMF
- The PDMF funds the preparation of business cases, pre-feasibility and feasibility studies, and tender documents for PPP projects.
- A PDMF Committee composed of representatives from NEDA, Department of Finance, Department of Budget and Management, and the PPP Center is tasked to approve applications for fund availment.
- The PDMF Committee formulates policies and guidelines for fund utilization and cost recovery, subject to the PPP Governing Board’s approval.
- The PPP Center acts as Secretariat of the PDMF Committee.
- The PPP Center may collect reasonable fees to sustain the fund.
- Implementing agencies are authorized to reallocate their funds for PDMF purposes following applicable laws.
Budgeting and Funding of the PPP Center
- The Department of Budget and Management (DBM) shall release appropriated funds for the PPP Center according to the General Appropriations Act and relevant regulations.
- The PPP Center may receive contributions, grants, or other funds from government entities, local government units, donors, development partners, and private sector institutions, subject to applicable laws.
Reporting Requirements for PPP Projects
- All government agencies and local government units engaged in PPP projects must submit reports to the PPP Center.
- The PPP Center prescribes the frequency, format, and content of these reports to ensure proper oversight.
Effectivity
- The amendments take effect immediately upon publication in a newspaper of general circulation.