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.