BAGUIO CITY – Mayor Benjamin Magalong issued the implementing rules and regulations (IRR) of Ordinance No. 61 series of 2017 or the Baguio City Public-Private Partnership for the People Initiative (P4) Code and reconstituted the city selection committee to facilitate the project selection process.
The P4 Code adopts the public-private partnership development approach for implementing the city’s projects consistent with its infrastructure, development, investment, environmental and governance framework embodied in relevant policies, plans, ordinances and codes.
In Executive Order No. 47 series of 2020, the mayor spelled out the rules governing the general requirements for the city in entering into P4 ventures, procedures for the P4 contract, authority bodies, qualification of bidders and pre-qualification process, selection process, submission, receipt and opening of bids, evaluation of bids, limited negotiations, award and signing of contract, regulation and contract management, among others.
In Executive Order No. 46, the mayor reconstituted the selection committee to be co-chaired by the city administrator and the city budget officer, the technical working group and the secretariat.
As per the IRR, the eligible types of projects that the city may undertake through the appropriate and viable P4 mode are power generation, transmission, sub-transmission, distribution, and related facilities; renewable energy, and waste-to-energy; causeways and waterways; highways, including expressway, roads, bridges, interchanges, tunnels, and related facilities; port infrastructures like piers, wharfs, quays, storage, handling, ferry services and related facilities; public fish ports and fishponds, including storage and processing facilities; terminals, airports, and community airports, air navigation, and related facilities; canals and dams; desilting, dredging, mining and exploration; hydropower projects, water supply and distribution, sewerage; irrigation, drainage, and related facilities; water conservation such as impoundment areas and rainwater harvesting;
Telecommunications, backbone network, terrestrial and satellite facilities, and related service facilities; railroad and railways, or rail-based projects packaged with commercial development opportunities; non-rail based mass transit facilities, navigable inland waterways and related facilities; short-haul transit services such as monorail, guided bus, bus services and trams; intermodal and multi-modal transit systems; transport systems, traffic control and management; parking facilities; reclamation projects, such as land reclamation, dredging and other related development facilities; platform settlements; industrial and tourism estates or townships, including related infrastructure facilities and utilities; central business and industrial park development; hotels and resorts; socialized housing, non-conventional low-cost housing, settlement or resettlement and relocation facilities;
Residential subdivisions; parks and open space development or redevelopment, pocket parks; public art, libraries; heritage conservation; government buildings; sustainable or green public buildings; sports facilities, wellness establishments; tourism such as eco-tourism, wellness tourism and agri-agro-tourism; public markets, commercial buildings, slaughterhouses, and related facilities; storage buildings, warehouses, and cold storage; environmental and solid waste management related facilities, such as but not limited to collection equipment, composting plants, sanitary landfills, and tidal barriers among others; meeting and convention centers; information technology networks and database infrastructure, including modernization of IT, geo-spatial resource mapping and cadastral survey for resource accounting and planning; education-related infrastructure, such as classrooms; health facilities, such as hospitals; social services-related, prisons; agriculture-related, post-harvest facilities; environmental management and protection, climate change adaptation, and disaster risk reduction; and other related projects.
In undertaking a project, the city may adopt any of the following P4 modalities and provide for other modalities not inconsistent with law: Build-Operate-Transfer (BOT) variants (Build-and-Transfer (BT); Build-Lease-and-Transfer (BLT); Build-Operate-and-Transfer (BOT); Build-Own-and-Operate (BOO); Build-Transfer-and-Operate (BTO); Contract-Add-and-Operate (CAO); Develop-Operate-and-Transfer (DOT); Rehabilitate-Operate-and-Transfer (ROT); Rehabilitate-Own-and-Operate (ROO); Rehabilitate-Lease-and-Transfer (RLT) – subject for approval of the President; Rehabilitate-and-Transfer (RT) -subject for approval of the President; Rehabilitate-Transfer-and-Operate (RTO) – subject for approval of the President); Concession Arrangement; Joint Venture (JV); Lease or Affermage; Management Contract using City Funds; Management Contract without using City Funds; Service Contract using City Funds; Service Contract without using City Funds; Divestment or Disposition; Corporatization; Incorporation of a Subsidiary with Private Sector Proponent equity; Onerous Donations; Gratuitous Donations; and any other modality akin to any of the above or features.
The following procedures apply on the P4 selection process:
*BOT variants must follow procedures set forth in Republic Act No. 6957, as amended by Republic Act No. 7718, and its IRR; Management and Service Contracts, R.A. No. 9184 or the Government Procurement Reform Act and its IRR; Concessions, Joint Ventures, and Leases or Affermage must follow the P4 Code procedures; Divestment or Disposition of a Property and Divestiture of a subsidiary or corporation incorporated by the City under Corporatization must follow the Commission on Audit Circular No. 89-296;
*If the city opts to select a private sector proponent using either Competitive Selection of Competitive Challenge, the city must prepare and submit a Feasibility Study or Project Study;
*All recommendations of the P4-Selection Committee will be submitted to the mayor for consideration and approval;
*All PPP contracts must be signed by the mayor with prior authorization by the city council and during the consideration of the PPP contract by the city council, a public consultation shall be conducted;
*After the signing of the PPP contract by the Mayor, the P4-SC shall issue the Notice of Award to the PSP; and
*Jointly or at the instance of the City or the PSP, the PPP Contract may be submitted for judicial, executive or administrative confirmation from the courts or appropriate government institution.
The procedures under the Competitive Selection process are advertisement of invitations to bid, issuance of instructions and tender documents and conduct of pre-bid conferences while that of the Competitive Challenge course involves three stages: submission of unsolicited proposal; detailed negotiations and competitive or Swiss challenge proper. **Aileen P. Refuerzo
