Implementing Agency Determination
- If a BOT project covers service areas of multiple water districts, the Local Water Utilities Administration (LWUA) acts as the implementing agency.
- When the BOT project involves a single water district classified as Large or Very Large (per DBM Memorandum May 23, 1995), the concerned Water District (WD) is the implementing agency.
- For all other smaller water districts, LWUA remains the implementing agency.
Procedures for Unsolicited Proposals
- Bot Proponents: Private sector entities must submit a written letter of interest to the water district, including company profile, project specifics, and funding sources.
- Memorandum of Understanding (MOU): A non-exclusive, cost-free MOU is executed between the proponent and water district with a submission validity period of up to six months based on project complexity.
- Evaluation: Implementing agencies use their Prequalification, Bid and Awards Committee (PBAC) for initial proposal evaluation.
- Project Presentation and Public Hearing: The water district holds a public presentation and hearing to assess social and financial viability.
- Document Submission: The water district must provide LWUA with copies of all submitted documents and reports to enable informed review.
- Preliminary LWUA Review: Prior to submission to the National Economic and Development Authority (NEDA), LWUA preliminarily reviews proposals based on PBAC evaluations.
- Final LWUA Review: Occurs after Water District Board of Directors' approval.
Executive Order Effectivity
- The procedures prescribed by the Executive Order become effective immediately upon issuance.
Key Legal Concepts
- Ensures LWUA participation and oversight in water supply BOT projects to avoid disorganized approval processes.
- Clarifies agency roles based on size and scope of water districts.
- Provides an orderly, transparent review process including public participation.
- Emphasizes documentation and multi-layered evaluation before government approval.
- Supplements the existing BOT Law (Republic Act No. 7718) specifically for water supply project proposals submitted by water districts.