Title
Reorganization of BOT Center to PPP Center
Law
Executive Order No. 8
Decision Date
Sep 9, 2010
Executive Order No. 8 reorganizes and renames the BOT Center to the PPP Center, transferring its attachment from the DTI to the NEDA, in order to mobilize the private sector for accelerated infrastructure development and ensure efficient and affordable infrastructure services.

Law Summary

Government Development Policies and Commitment

  • The Medium-Term Development Plan (MTPDP) promotes increased private sector participation in infrastructure through competitive markets, minimizing fiscal burden and contingent liabilities.
  • The government commits to good governance principles such as transparency, competitiveness, impartiality, and accountability in infrastructure projects.
  • Accelerated implementation of Public-Private Partnership (PPP) programs is a national development priority to sustain economic growth.

Institutional Evolution and Jurisdictional Transfer

  • The BOT Center, originally attached to the Department of Trade and Industry (DTI), is reorganized and renamed as the Public-Private Partnership (PPP) Center.
  • Attachment of the PPP Center is transferred from the DTI to the National Economic and Development Authority (NEDA), the central planning and oversight agency.
  • This transfer facilitates better coordination, monitoring, programming, and evaluation of PPP projects.

Mandate and Scope of the PPP Center

  • The PPP Center covers all PPP programs and projects, including BOT Law variants and joint-venture agreements.
  • Functions include:
    • Project facilitation and problem-solving for national agencies, government corporations, and local government units (LGUs).
    • Provision of advisory services, technical assistance, capacity building, and training for PPP project preparation.
    • Recommendation of policies and implementation guidelines in consultation with stakeholders.
    • Management of a revolving fund (Project Development and Monitoring Facility) for business case preparation, feasibility studies, and tender documentation.
    • Monitoring and facilitating priority PPP projects in coordination with agencies, LGUs, and NEDA.
    • Establishment and management of a central database of PPP projects.
    • Suggestions for timeline improvements and compliance monitoring.
    • Annual reporting to the President on PPP program and project implementation.
    • Any other critical functions to expedite and effectively implement PPP programs.

Separation of Promotion and Marketing Functions

  • Promotion and marketing of BOT/PPP projects are assigned to the Department of Trade and Industry (DTI), distinct from PPP Center functions.

Leadership and Organizational Structure

  • The PPP Center is headed by an Executive Director with rank equivalent to Assistant Director General or Assistant Secretary.
  • Appointment is made by the President upon the recommendation of the Socioeconomic Planning Secretary.
  • The Socioeconomic Planning Secretary is responsible for revising and approving the organization and staffing patterns after consulting with the Department of Budget and Management.

Financial Provisions and Fund Management

  • A Project Development and Monitoring Facility fund of Php 300 million is established for timely preparation and study of PPP projects.
  • The Department of Budget and Management (DBM) releases necessary operational and financial funds upon special budget submission.
  • Funds previously appropriated to the BOT Center, including its Project Development Facility, are transferred to the PPP Center.
  • The PPP Center may receive contributions and grants from various government and private entities subject to existing laws.

Project Processing and Timeline

  • All qualified solicited PPP program or project proposals must be processed within six months, observing applicable laws and guidelines.

Transitional Arrangements

  • The incumbent Executive Director of the BOT Center temporarily leads the PPP Center until a new appointment.
  • Current BOT Center personnel are transferred and retain positions until new organizational patterns are implemented.
  • The BOT Center's Project Development Facility is renamed as the Project Development and Monitoring Facility of the PPP Center.
  • All assets, funds, documents, and records related to PPP duties are transferred to the PPP Center within 30 days.
  • Future appropriations for the PPP Center are included in the NEDA's budget.

Repealing, Separability, and Effectivity Clauses

  • All inconsistent executive and administrative issuances are repealed or modified accordingly.
  • Invalidity of any provision does not affect the validity of other provisions.
  • This Executive Order takes effect immediately upon publication.

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