Title
Reorganization of BOT Center to PPP Center
Law
Executive Order No. 8
Decision Date
Sep 9, 2010
Benigno S. Aquino III's Executive Order No. 8 reorganizes the Build-Operate-Transfer Center into the Public-Private Partnership Center, transferring its oversight from the Department of Trade and Industry to the National Economic and Development Authority to enhance infrastructure development through private sector collaboration.
A

Medium-Term Development Plan (MTPDP) Alignment

  • Government aims to mobilize private sector for accelerating infrastructure financing, construction, rehabilitation, and operation.
  • Focus on obtaining infrastructure through competitive markets with minimal fiscal burden and contingent liabilities.
  • Ensure services are adequate, safe, efficient, reliable, affordable.
  • Promote fair and transparent competition giving private proponents reasonable returns and risk-sharing.

Commitment to Governance Principles

  • Philippine government commits to good governance, transparency, competitiveness, impartiality, and accountability in government transactions including infrastructure projects.

Purpose and Need for Reorganization

  • Need to fast-track Public-Private Partnership (PPP) implementation as a key national development strategy.
  • Revised BOT Law IRR mandates BOT Center to coordinate, monitor, guide agencies/LGUs in BOT projects, and report progress.
  • Prior attachment of BOT Center: Office of the President then Department of Trade and Industry (DTI).
  • Necessity to consolidate coordination and monitoring functions under National Economic and Development Authority (NEDA) for central planning efficiency.
  • Economic Managers agreed to rename BOT Center as PPP Center and attach to NEDA, transferring resources accordingly.

Presidential Authority

  • Executive Order pursuant to Administrative Code of 1987 granting the President control over executive departments and offices.

Renaming and Transfer of BOT Center (Section 1)

  • BOT Center renamed as Public-Private Partnership (PPP) Center.
  • Attachment transferred from DTI to NEDA.

Powers and Functions of PPP Center (Section 2)

  • Covers all PPP programs/projects, BOT Law variants, joint-venture agreements.
  • Project facilitation and assistance to national agencies/government corporations/LGUs.
  • Provides advisory services, technical assistance, training, capacity-building for project preparation and development.
  • Recommends PPP policies, plans, implementation guidelines with consultations.
  • Manages revolving fund "Project Development and Monitoring Facility" to finance business case, feasibility studies, tender documents preparation.
  • Monitors and facilitates priority PPP projects in coordination with NEDA Secretariat.
  • Maintains central database of PPP programs/projects.
  • Recommends improvements in processing timelines, monitors agency/LGU compliance.
  • Prepares annual reports on PPP implementation for submission to the President.
  • Executes other functions critical to PPP program implementation.

Promotion and Marketing Responsibilities (Section 3)

  • Promotion and marketing of PPP projects assigned to DTI.

Leadership and Appointment (Section 4)

  • PPP Center headed by an Executive Director with rank equivalent to Assistant Director General or Assistant Secretary.
  • Appointment made by the President upon Secretary of Socioeconomic Planning's recommendation.

Organizational Structure (Section 5)

  • Secretary of Socioeconomic Planning to revise and approve Organizational and Staffing Pattern after consulting Department of Budget and Management.

Project Development and Monitoring Facility (Section 6)

  • Creation of a working fund of Php300 million for business case, pre-feasibility, feasibility studies for selected PPP programs/projects.

Processing Time for PPP Proposals (Section 7)

  • All qualified solicited PPP proposals to be processed within six (6) months subject to existing laws and rules.

Budget and Funding (Section 8)

  • Department of Budget and Management (DBM) to release funds for PPP Center operations, including Php300 million working fund.
  • Transfer of BOT Center appropriations and Project Development Facility funds to PPP Center’s Project Development and Monitoring Facility.
  • PPP Center may receive contributions, grants, and funds from various government and private sources subject to law.

Transitory Provisions (Section 9)

  • Current BOT Center Executive Director serves temporarily until a new appointment is made.
  • Existing BOT Center personnel to be transferred and retained until revised organization is implemented.
  • Project Development Facility renamed to Project Development and Monitoring Facility.
  • Transfer of all BOT Center funds, records, equipment, contracts, and related rights to PPP Center through NEDA within 30 days.
  • Future appropriations included in NEDA’s annual budget.

Repealing Clause (Section 10)

  • All inconsistent executive/administrative issuances and orders are repealed or modified accordingly.

Separability Clause (Section 11)

  • Invalidity of any provision does not affect validity of remaining provisions.

Effectivity Clause (Section 12)

  • Order takes effect immediately upon publication.

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