PUBLIC-PRIVATE PARTNERSHIP (PPP) GOVERNING BOARD

Policy Circular No. 07 - 2015

25 August 2015

FOR: All Heads of Departments, Bureaus, Offices, Commissions,

Authorities or Agencies of the National Government,
Government-Owned and/or Controlled Corporations,
Government Financial Institutions, State Universities and
Colleges, Local Government Units

SUBJECT: PUBLIC-PRIVATE PARTNERSHIP (PPP) MONITORING

FRAMEWORK AND PROTOCOLS

I. Background

It is the policy of the Philippine Government to encourage and strengthen its

program on Public-Private Partnership (PPP) as a mechanism for implementing
infrastructure and development projects that will help the Philippines reduce
poverty and achieve rapid, sustained , and employment-creating growth. Through
the PPP Program , the government will mobilize the private sector to fast-track the
financing , construction , rehabilitation , operation, and maintenance of infrastructure
facilities that will provide the general public with adequate, safe, efficient, reliable,
and reasonably-priced infrastructure services.

Furthermore, it is also the policy of the Philippine Government to monitor, manage,

and evaluate the implementation of PPP projects in order to ensure performance
of all contractual obligations, identify potential problems, avoid delays and
additional costs, and ensure the attainment of project objectives. Thus, it is
important to establish institutional mechanisms to make sure that project objectives
are realized and contract obligations of concerned parties are adhered to.

One of the largest PPP markets that recognized the need to establish a mechanism
of monitoring PPP projects was the Government of India. On July 2012, the
Government through its Planning Commission introduced an Institutional
Mechanism for Monitoring PPP Projects 1 with an objective to guarantee timely
completion of projects undertaken in PPP mode and to effectively monitor contract
performance. As stipulated in the guidelines, the Planning Commission is to
prepare summary of reports submitted by the Project Monitoring Unit and
Performance Review Unit including recommendations on proposed actions and
improvements which would be presented to the Cabinet Committee on
Infrastructure. This initiative of the Government aims to ensure good governance,
accountability, and efficiency in the implementation of PPP projects.

1
Planning Commission, Government of India (2012): Nlnstitutional Mechanism for Monitoring PPP Projects".
http:/I plan ningcommission.gov.in/sectors/p pp_report/ reports_guidelines/Guideli nes%20for%20Monitori ng%20of%20PPP
%2 0Projects.pdf. [Accessed: June 2014]

1
 In a similar manner, the Government of Indonesia released their PPP Infrastructure
Projects Plan2 last November 2013. The said plan, popularly known as the PPP
Book, is intended to inform the private sector and stakeholders on the PPP
opportunities available, regulatory changes, and PPP development policies in
Indonesia. In relation to this , as part of the PPP Institutional Framework of
Indonesia, the Government has established a Central PPP Unit (P3CU) under the
National Development Planning Agency that is responsible for ensuring policy
consistency, quality control , and transparency; monitoring the implementation of
PPP projects; publishing status reports; and disseminating relevant information,
among others. The P3CU is also being developed as an independent and
centralized organization dedicated to PPPs with access to fiscal budget allocation
decisions.

For more developed PPP markets, such as the Republic of Korea3 , monitoring of
PPPs is also key. lnfralnfo System, a database of PPP projects, is used by the
Korean Government in preparing quarterly reports on the financial status, project
progress, and fiscal support-related matters of PPP projects. Detailed information
in the System are provided by the component authorities, e.g. the Ministry of Land,
Transport and Maritime Affairs, the Ministry of Environment, the Seoul Metropolitan
Government, etc., which are tasked to manage PPP projects by implementing
guidelines for concession agreements and receiving project progress reports. On
a quarterly basis, these authorities monitor all PPP projects and submit reports to
the Ministry of Strategy and Finance (MOSF). The lnfralnfo System is administered
by the MOSF and the Public and Private Infrastructure Investment Management
Center.

In the case of the Philippines, the PPP Program has emerged to be a dynamic PPP
market since it was launched in late 2010. In the 2014 lnfrascope Study4 , the
Philippines was identified as one of the most improved PPP markets in the Asia-
Pacific Region . Previously classified as an emerging country in 2011 in terms of
PPP readiness , the country is now in seventh position in the overall rankings,
joining the developed group of countries together with Korea, Japan , and India
which rank third , fourth, and fifth , respectively. The study identified that
improvements in regulatory and institutional frameworks, and investment climates
and financial facilities for PPP projects were the major factors that contributed to
the country's increase in score and ranking .

2
Minist ry of National Development Planning/National Development Planning Agency, Republic of Indonesia (2013):
"Public- Privat e Partnerships Infrast ructure Projects Plan in Indonesia".
http://www2.bkpm.go.id/img/file/PPP"A,20BOOK%202013-compact.pdf. [Accessed: June 2014]
3
Asian Development Bank (2011): "Public-Privat e Partnership Infrastructure Projects: Case Studies from the Republic of
Korea". http://www.adb.org/sites/default/ files/publication/29032/ppp-kor-vl. pdf. [Accessed: July 2 014]
4 The Economist (2015): "Evaluat ing the environment for public-private partnerships in Asia-Pacific: The 2014 lnfrascope".

http://www.adb.org/sites/defa ult/files/publ ication/158409/2 014-infrascope. pdf. [Accessed : July 2015]

2
 To date, the Philippine PPP Program has a portfolio of over 50 projects estimated
at PHP 1,096.69 Billion (USD 24.37 Billion). 10 of which have been successfully
awarded and are now under implementation. By end 2016, 16 more projects are
targeted to be awarded and expected to be under implementation.

Thus, the need for an institutional mechanism in monitoring PPP projects

particularly in documenting and reporting the project status, implementation issues,
and best practices has become more significant. In this regard, this Policy Circular
on PPP Monitoring Framework and Protocols has been issued to:

• Define the roles and responsibilities of each stakeholder involved in the PPP
Contract;

• Monitor compliance of concerned parties in the PPP Contract;

• Provide status updates and other relevant information on projects that are
being implemented under the PPP Program to concerned agencies;

• Identify problems/issues that impede implementation and necessary

actions to be taken ;

• Illustrate the reporting process, and the procedures for filling up the sample
monitoring forms/templates as provided in the annexes; and

• Document best practices and lessons learned in implementing PPP

projects.

The institutional arrangements and reporting processes proposed in the Policy

Circular are the minimum requirements to provide basic information in order to
come up with a report on the implementation status and progress of PPP Projects.
The Implementing Agencies, however, may strengthen its own monitoring and
reporting mechanism to ensure smooth implementation of said projects.

II. Objectives

This policy on PPP Monitoring Framework and Monitoring Protocols seeks to

achieve the following objectives:

1. To identify the roles and responsibilities of the key parties involved in

monitoring the implementation of PPP projects;

2. To define the protocols for generating, processing, and sharing information

for monitoring the implementation of PPP projects;

3. To document information on lessons learned and best practices during

project implementation that can be used in planning, evaluating, and
implementing future PPP projects.

3
Ill. Scope

This policy is intended to cover all PPP projects, including all variants and
arrangements under the Build-Operate-and-Transfer (BOT) Law and its Revised
Implementing Rules and Regulations (IRR) and Joint Venture Agreements, among
others, undertaken by government entities such as National Government Agencies
(NGAs), Government-Owned or Controlled Corporations (GOCCs), Local
Government Units (LGUs), and other government instrumentalities.

IV. PPP Contract and Institutional Arrangements

4.1 Each PPP project is governed by a PPP contract, often referred to as the
Concession Agreement (CA). The parties to a PPP contract are (i) the
implementing NGA, GOCC, LGU, or government entity, together with any
government institution acting as a co-grantor or co-implementing agency,
(singly or collectively referred to herein as "lA"); and (ii) the project
proponent. The PPP contract defines the respective rights and obligations
of the parties, reflects the risk allocation, repayment scheme, and
implementation schedule, and provides the final terms and conditions for
the project, as agreed between the lA and the project proponent.

4.2 The specific roles and responsibilities of each party to a PPP contract:

a. Implementing Agency (lA)

The implementing agency (lA) is primarily responsible for awarding,

managing and executing the PPP contract, implementing the PPP
project, and ensuring the attainment of the objectives of the PPP
project.

a.1 . Within its PP P Office 5 , designate a unit for the implementation

and monitoring of its PPP projects (the "Implementation Unit"). The
Implementation Unit shall have project managers (PMs) who will (i)
manage the execution of the lA's PPP contracts and implementation
of its PPP projects; and (ii) generate, process, and share information
to the PPP Center and other relevant government agencies, as well
as to other requesting th ird party entities, for monitoring the
implementation of its PPP projects.

a.2. Together with the project proponent, create a Project Steering

Group (PSG) which shall be composed of high-level representatives
from the lA, the project proponent, and other relevant government
authorities. The PSG shall be the forum for regular communication
between the high-level representatives of the parties for the purpose

5 Proposed s tructure, composition, and fun ctions of th e PPP Office and th e Implementation Unit are set out in
a sepa rate document

4
 of facilitating the implementation of the PPP contract; and perform
any other task as envisaged under the CA.

a.3. Together with the project proponent, create a Technical Working

Group (TWG) composed of technical representatives from the lA,
the project proponent, and other relevant government authorities to
assist the PSG in performing its functions.

a.4. Prepare and implement a contract management plan for each

PPP project, and provide periodic reports to the PPP Center, as
required under Executive Order No. 136, series of 2013 (EO 136),
and the Revised BOT Law IRR.

a.5. Provide PPP Center a copy of official correspondences on

matters related to (i) tender process for the project, including the
preparation of the bidding/tender documents, publication of the
invitation to pre-qualify and bid (ITPB), pre-qualification of
prospective bidders, conduct of pre-bid conferences , and
prequalification bids and awards committee (PBAC) issuance of
supplemental notices, minutes of meetings, interpretation of the
rules regarding the bidding, the conduct of bidding, evaluation of
bids, resolution of disputes between bidders, recommendation for
the acceptance of the bid and/or award of the project; (ii) delivery of
contractual obligations and regular status report; (iii) achievement of
contractual milestones; (iv) implementation issues; and (v) other
relevant communications that will have material impact on project
implementation.

b. Project Proponent
As a party to the PPP contract, the project proponent is expected to
perform the following responsibilities :

b.1. Designate a PM to (i) manage the execution of its PPP contract,

and (ii) generate, process, and share information for monitoring the
implementation of its PPP project.

b.2. Together with the lA, create a PSG which shall be composed of
high-level representatives from the lA, the project proponent, and
other relevant government authorities. The PSG shall be the forum
for regular communication between the high-level representatives of
the parties for the purpose of facilitating the implementation of the
PPP contract; and perform other task as envisaged under the CA.

5
 b.3. Together with the lA, create a TWG composed of technical
representatives from the lA, the project proponent, and other
relevant government authorities to assist the PSG in performing its
functions.

b.4. Wherever applicable, submit the necessary documents to

regulatory authorities for tariff changes.

c. Public-Private Partnership Center {PPPC)

Under the Revised BOT Law IRR and EO 8, as amended by EO 136,

the PPP Center is tasked to monitor PPP projects and facilitate their
smooth implementation.

The PPP Center shall perform the following responsibilities :

c.1. Monitor the implementation of PPP projects and provide reports

to the President, Congress, and the Investment Coordination
Committee (ICC) as directed by the IRR; the Economic Development
Cluster (EDC); and the Contingent Liability (CL) TWG and the
Development Budget Coordination Committee, among others,
including the tasks of:

c.1.1 Reviewing and analyzing reports and documents

submitted by the lA and IC;

c.1.2. Documenting best practices and lessons learned in

implementing PPP projects; and

c.1.3. Disseminating information on the progress of the PPP

Program and projects to the public

c.2. Facilitate the implementation of PPP projects including the task

of:

c.2.1. Assisting the lAs in identifying and resolving issues that

may delay the implementation of their PPP projects;

c.2.2. Convening inter-agency coord ination meeting; and

6
 c.2.3. Elevating unresolved project implementation issues to
relevant authorities such as the EDC Subcommittee on PPP
Projects Execution6 .

c.3. Act as the Secretariat of the EDC Subcommittee on PPP

Projects Execution

d. Regulator

Certain PPP contracts authorize the project proponent to operate the

infrastructure for the purpose of delivering public services. The regulator
is a government agency, body, or commission empowered by law to fix
the rates of a provider of a particular public service as defined by the
Commonwealth Act No.146 (Public Service Law), as amended, and for
which a Franchise is required to operate the same.

The concerned regulatory agency shall perform its functions in

accordance with its Mandate and applicable laws, rules, and
regulations.

e. Independent Consultant
Most PPP contracts provide for an independent consultant. The
independent consultant is a person or entity that is appointed to provide
independent technical advice to the parties, as well as perform other
services specifically defined in the PPP contract.

The independent consultant is expected to perform the following

responsibilities, as may be required under its service contract:

e.1. Review and evaluate relevant documents, and recommend

necessary actions.

e.2. Assist in the management and monitoring of the PPP project.

e.3. Prepare contract management plan and inception report.

e.4. Provide the PPP Center a copy of all periodic reports required
to be submitted under its service contract and all correspondences
related to implementation of the design and construction milestones
of the project, including operation and maintenance, if covered under

6
The creation of the EDC Subcommittee on PPP Proj ects Execution was approved during the EDC Meeting
last 29 May 2015.

7
 its service contract. In the absence of an IC, the project's lA shall
perform this function.

f. EDC Subcommittee for PPP Projects Execution

The EDC Subcommittee for PPP Projects Execution , co-chaired by the

Cabinet Secretary and the Socioeconomic Planning Secretary, shall
convene high-level inter-agency meetings with all concerned parties to
address critical PPP implementation issues and bottlenecks, and
facilitate the timely resolution thereof.

V. PPP Project Phases

A PPP project goes through four phases: (i) identification and preparation, (ii)
review and approval, (iii) bidding and project award, and (iv) implementation.

The implementation phase of a PPP project usually has four (4) stages: (a) Pre-
Construction Stage, (b) Construction Stage, (c) Operation and/or Maintenance
Stage, and (d) Asset Transfer Stage.

VI. PPP Monitoring Protocols

6.1 PPP Projects Implemented from 201 0-onwards

The following are the monitoring protocols and the corresponding

obligations of concerned parties in the various phases of project
implementation:

a. Identification and Preparation Phase

EvenU . Project
. . lmplementmg Agency p PPP Center
A ct1v1ty roponent
Throughout Provide copies of -none- Project D~velopment and Monitoring
project relevant project Facility (PDMF) Service officer (in case
preparation documents7 to PPPC of PDMF-assisted projects) and Project
phase Development Officer (PDO) to upload e-
Ensure that all copies of relevant project documents3 in
concerned stakeholders shared e-folders
are informed and
involved during project
planning, preparation ,
and development

7 See Annex C - Checklist of Relevan t Proj ect Documents

8
 b. Review and Approval Phase
Project
Event/ Activity Implementing Agency PPP Center
Proponent
Throughout Provide copies of -none- PDO and Project Evaluation Officer
project review relevant project (PEO) to upload e-copies of relevant
8
and approval documents to PPPC project documents8 in shared e-
phase folders

Preparation of Submit ROWA, -none- PEO to require the submission of

right-of-way Resettlement, and ROWA, Resettlement, and Utilities
acquisition Utilities Relocation Relocation plans after project
(ROWA) and plans to ICC-PPP approval and prior to bidding, as
Resettlement Secretariat,- as- applicable
Plan, as applicable
applicable
Submit a validated
report on acquired
ROW to ICC-PPP
Secretariat, as
applicable

c. Procurement Phase
Project
Event/ Activity Implementing Agency PPP Center
Proponent
Throughout Provide copies of -none- PDO to upload e-copies of relevant
procurement relevant project project documents8 in shared e-
8
phase documents to PPPC, folders.
especially Minutes and
Resolutions of PBAC
Meetings •
Ensure that all
.
members of the PBAC,
including observers,
are notified in writing of
any PBAC meeting at
least two (2) days prior
to the meeting

Prequalification Provide copies of Submit PDQ to notify Project Monitoring

Stage relevant project necessary Division (PMD) chief on the result of
8
documents to PPPC prequalification the prequalification one (1) working
documents and day after the qualified bidders have
requirements been identified

After receipt of the notification, PMD

chief to assign a Project Monitoring
Officer (PMO) who will be part of the
project team from this stage onward

- PMO to attend relevant meetings of

the PBAC/ TWG

8See Annex C- Checklist of Relevant Project Documents

9
 Bid submission Provide copies of Submit PDQ to notify PMD chief on the
relevant project necessary details of the bid submission at least
9
documents to PPPC bidding one (1) working day before the
documents and actual bid submission
requirements
PMQ to attend relevant meetings of
the PBAC/ TWG
Issuance of lA to designate a focal Winning project PPPC (PDQ and PMQ) to set a
notice of award unit and project proponent to meeting with the lA and the winning
(NOA) manager who will be designate its project proponent to discuss post-
responsible during project manager award requirements within five (5)
project implementation who will be the working days after the issuance of
focal person NQA
lA, winning project during project
proponent, and PPPC implementation
(PDO and PMQ) to
discuss post-award lA, winning
requirements within five project
(5) working d~ys after proponent, and
the issuance of NQA PPPC (PDQ and
PMQ) to discuss
Provide PPPC a copy post-award
of the signed NQA with requirements
conforme of the within five (5)
winning bidder and all working days
relevant documents after the
related to post-award issuance of NQA
requirements
Contract Nominate official Nominate official Conduct a turnover/ clarificatory
signing representatives to the representatives meeting between the PDQ and the
PSG and TWG , and to the PSG and PMQ within three (3) working days
convene both within TWG, and after contract signing
five (5) working days convene both
after contract signing within five (5) Secure a copy of the project's
10
working days Close-out Report
Provide PPPC a copy after contract
of the signed PPP signing PMQ to attend the PSG and TWG
contract meetings to be set within five (5)
working days after contract signing
Provide PPPC a list of
the contact details of
the implementation
team (PSG/ TWG)

9See Annex C- Checklist of Relevant Project Documents

l OUsually applicable to PDMF-supported PPP projects

10
 d. Implementation Phase

d.1. Pre-Construction Stage

Implementing Project
Event/ Activity PPP Center
Agency proponent
Throughout pre- Inform and invite PMO Inform and invite PMO to attend PSG/ TWG meetings
construction to PSG/TWG PMO to PSG/ and inspections
stage meetings. TWG meetings.
PMO to upload Project Milestone
12
Provide the PPPC a Report to the shared e-folder
copy of all relevant
reports and PMO to setup official email group
11
correspondences
PMO to prepare Monthly Project
13
Submit reports to Monitoring Report within five (5)
PPPC (PMD) in such working days after the close of each
form and within such month
period as may be
required by PPPC. PMD to provide updates to the
Executive Director (ED) through
submission of bi-monthly reports
and/or setting of project updates
meeting

PMD to assist in addressing

potential issues and bottlenecks

PMD to elevate unresolved issues to

the EDC Subcommittee on PPP
Projects Execution

Selection and Select and engage Provide 50% of PMO to Monitor and facilitate timely
engagement of independent the cost of the IC engagement of.IG
Independent consultant procurement
Consultant (IC)

Submission of Review and, if Provide OED PMO to monitor and facilitate timely
detailed satisfactory, approve sub~ission ,
review, and approval of
engineering OED OED
design (OED), if
required

Delivery of Deliver ROW in -none- PMO to monitor and facilitate the

ROW, if accordance with the timely delivery of ROW
required CA

Obtainment of Assist in obtaining the Process and PMO to monitor and facilitate timely
needed needed approvals and secure obtainment of needed approval and
approval and permits necessary permits
permits approvals and
permitS-

11See Annex C- Checklist of Relevant Project Documents

12See Annex A - Project Milestone Report Template
13See Annex B- Monthly Project Monitoring Report

11
 d.2. Construction Stage

..t Implementing Project ppp C

Even t/ Ac t 1v1 y enter
Agency proponent
Throughout Inform and invite PMO Inform and invite PMO to attend PSG and TWG
construction to PSG/TWG PMOto PSG/ meetings and inspections
stage meetings TWG meetings
PMO to prepare Monthly Project
Provide the PPPC a Conduct Monitoring Report15 within five (5)
copy of all relevant inspections working days after the close of each
reports and together with the month
correspondences14 lA and PMO
PMD to provide updates to the ED
Conduct inspections through submission of bi-monthly
together with project reports and/or setting of project
proponent and PMO updates meeting.

Identify and 4;1ddress PMD to assist in addressing

potential issues and potential issues and bottlenecks
bottlenecks
PMD to elevate unresolved issues to
Submit reports to the EDC Subcommittee on PPP
PPPC (PMD) in such Projects Execution
form and within such
period as may be
required by PPPC

d.3. Operation and/or Maintenance Stage

. . Implementing Project ppp C

Event I Act1v1ty enter
Agency proponent
Throughout Inform and invite PMO Inform and invite PMO to attend PSG and TWG
operation to PSG/TWG PMO to PSG/ meetings and inspections
and/or meetings TWG meetings
maintenance PMO to prepare Monthly Project
15
stage Provide the PPPC a Conduct Monitoring Report within five (5)
copy of all relevant inspections working days after the close of each
reports and together with lA month
14
correspondences and PMO
PMD to provide updates to the ED
Conduct inspections through submission of bi-monthly
together with project reports and/or setting of project
proponent and PMO updates meeting.

Identify and address PMD to Assist in addressing

potential issues and potential issues and bottlenecks
bottlenecks
PMD to Elevate unresolved is·sues
Submit reports to to the EDC Subcommittee on PPP
PPPC (PMD) in such Projects Execution
form aod within such
period as may be
required by PPPC

1 4SeeAnnex C - Checklist of Relevant Project Documents

tssee Annex B- Monthly Project Monitorin9 Report

12
 d.4. Asset Transfer Stage

. t Implementing Project ppp C

Even t/ A ct 1v1 y enter
Agency proponent
Throughout Inform and invite PMO Inform and invite PMO to attend PSG and TWG
asset transfer to PSG/TWG PMO to PSG/ meetings and inspections.
stage meetings. TWG meetings.
PMO to prepare Monthly Project
17
Provide the PPPC a Conduct Monitoring Report within five (5)
copy of all relevant inspections working days after the close of each
reports and together with lA month
16
correspondences and PMO
PMD to provide updates to the ED
Conduct inspections through submission of bi-monthly
together with project reports and/or setting of project
proponent and PMO. updates meeting.

Identify and address PMD to assist in addressing

potential issues and potential issues and bottlenecks
bottlenecks
PMD to elevate unresolved issues to
Submit reports to the EDC Subcommittee on PPP
PPPC (PMD) in such Projects Execution
form and within such
period as may be
required by PPPC.

6.2 PPP Projects Implemented before 2010

For PPP projects implemented before 2010, the following monitoring_protocols

and corresponding obligations of concerned parties shall be observed:

. .t Implementing Project PPP Cen t er

Event I A ct1v1 y
Agency proponent
Implementation Subm1t Reports to Subm1t PMD to consolidate subm1tted
of PPP Project PPPC (PMD) in such necessary reports for submission to various
form and within such reports to the lA agencies (i.e. PSA, Office of the
period as may be in such form and President, Congress, DBM, etc.)
required within such
period as may be PMD to Assist in addressing
required in the potential issues and bottlenecks
contract
PMD to elevate unresolved issues to
the EDC Subcommittee on PPP
Projects Execution

16See Annex C- Checklist of Relevant Project Documents

17See Annex B- Monthly Project Monitoring Report
l BSee Annex D- Project Implementation Report (Old PPP Projects)

13
VII. Effectivity

This Circular shall take effect immediately. For information and guidance.

I hereby certify that this policy circular was approved by the PPP Governing Board
at its meeting held on 25 August 2015.

Undersecret and Executive Director

Head, PPP oveming Board Secretariaf)I.R.

14
ANNEXES

A- Project Milestone Report Template

The PPP Center Project Monitoring Officer (PMO) will prepare a Project Milestone Report
outlining the various activities involved in the implementation of the PPP project and use
it as a control chart to monitor progress on an ongoing basis. The first Project Milestone
Report shall be prepared by the PMQ within 15 working days from the receipt of the
relevant documentation from the Project Development Officer (PDQ) and the
implementing agency (lA). Said Project Milestone Report shall be sent to the
implementation unit of the lA for their information and reference.

B - Monthly Project Monitoring Plan Template

PPP Project monitoring by the PPP Center will cover the following aspects:
• Compliance of the conditions precedent and achievement of financial close within
the period specified in the concession contract;
• Adherence to the timelines and other obligations specified in the concession
contract;
• Streamlining of, and adherence to, the reporting procedures between the
concessionaire and the lA, which may also include an MIS;
• Assessment of performance against MPSS;
• Remedial measures and action plan for curing defaults, especially
when performance standards are not fulfilled;
• Imposition of penalties in the event of default;
• Levy and collection of user charges based on approved principles;
• Progress of on-going disputes and arbitration proceedings, if any; and
• Highlighting any leakage, diversion or misclassification of government revenues;
• Compliance with the instructions of the lA or IC, as the case may be;
• Effective communication and exchange of information for monitoring and
enforcement of obligations; and
• Being the repository of all relevant information relating to user and performance
standards for PPP projects in the Philippines.

C- CHECKLIST OF RELEVANT PROJECT DOCUMENTS

Within three (3) working days after contract signing, the PDQ and PMQ shall conduct a
turnover/ clarificatory meeting where electronic copies (hardcopy, where relevant) of
relevant documentation of the PPP project will be handed over by the PDO to the PMO.
The relevant documentation would include:

15
 • signed concession agreement;
• agreed minimum performance standards specifications;
• final financial model;
• complete set of minutes and resolutions of the PBAC;
• key correspondences with the concessionaire in which stated positions were taken
by the contracting parties;
• project implementation schedule;
• terms of reference for independent consultants ; and
• other documentation as may be relevant on a project to project basis.

D- PROJECT IMPLEMENTATION REPORT (OLD PPP PROJECTS)

Within five (5) working days after the close of every quarter, the lA shall submit Project
Implementation Report of Old PPP Projects detailing project status, milestones, and
issues to the PPPC. Said Project Implementation Report vary depending on the
implementation phase (pre-construction, construction , and operations and maintenance)
the project is undergoing during the reporting period .

16
ANNEX A: PROJECT MILESTONE REPORT

Proporwnt:

Pr~redly O.te:

Ptofect Overlll Stat~

CA--IIo. - .... --
-·- -- - - - - --
- v- ... -..... Adwl . .ft
-Dolo
.............
_..... _,_
,.,.,.,.,"""'

Chid, Poley Monitorinl DMskH'I ~rect«. Poley fonnuliUon, Protect E~nlu1Uon 11\d Monttorinc SeMce
ANNEX B: MONTHLY PROJECT MONITORING REPORT
Monitoring Activity Report During Construction/ Operations and Maintenance
of PPP Projects for the Month of_ _ __ _ __ _ _ _ __

To:
From:
Date:

Project Name:
Implementing Agency (lA):
PPP Model Used:
Concession Period :
Date of Contract Signing:
Construction Start Date As Per PPP Contract:
Operations Start Date As Per PPP Contract:
PPP Project Handback Date As Per PPP Contract:

Legend: Priority Level

0 High Priority
M edium Priority
' _'I Low Priority

Any Action to be Priority Level: High, Medium,

S. No. Issues Requiring Action
Taken (Yes I No) Low
Fulfilling the Conditions Precedent as per the PPP
1 Contract
(i) Access to Right of Way
(ii) Payment of Concession Fee
Clearances from relevant ministries - environment,
(iii)
etc.
(iv) Finalisation of detailed design
(v) Others- please specify

Payment of Damages for delay in granting Right of

2
Way

Acquisition of real estate for the PPP project, if

3
relevant

4 M atters relating to Financial Close

5 Appointment of Independent Engineer I Consultant

6 Recovery of Damages for failure to achieve milestone

7 Termination for failure to achieve milestone

Monthly Report of the Independent Engineer I

8
Consultant

9 Progress of construction works

10 Suspension of construction works

Issue of completion certificate by the Independent

11
Engineer I Consultant
Page 1 of 2
 Any Action to be Priority Level: High, Medium,
S. No. Issues Requiring Action
Taken (Yes I No} Low
Recovery of damages for construction not meeting
12
quality standards agreed in the MPSS

Recovery of damages for delay in completion of

13
construction

14 Matters relating to Change of Scope

15 Action for being in material default

16 Matters relating to termination of PPP Contract

17 Relea se of Performance Security

18 Matters relating to Disbursement of VG F

19 Matters relating to Dispute resolution

M atters relating to ongoing operations of PPP project

20
assets and facilities

Quality and Timel iness of Operations & Maintenance

21
and its adherence to MPSS

Revenue leakage issues, especially where lA has

22
sharing opportunities as per PPP Contract

Monitoring of default I termination clauses during

23
operations

Stakeholder concerns I issues - involving users I

24
lenders I others

25 Default I Termination matters during operation s

26 Matters realting to asset handback

27 Any other matter not covered above

Page 2 of 2
ANNEX B: MONTHLY PROJECT MONITORING REPORT
Monthly Project M onit oring Pl an

Project Neme:
Implementing Agency: Prepared By:

Proponent: Date:

Independent Consultant: Reporting Period:

Project Overall St atus:

......_.......... ,.,.,
-
• Enter the applicable S No
Counll of AdfttHt/ RIIIPDNible
No. ............ Adlolt/1 Poc.nllllmplct to the Prot-t
ANNEX C: CHECKLIST OF RELEVANT PROJECT DOCUMENTS

PROJECT TITLE - - - - - - - - - -- - - - - - - - --
FOLDER V O L . - - - - - - -- - - - - - - - - - - - - -

Sections/Documents Remarks

0 1 Form 1

0 2 Project Identification I Pre-FS I FS

0 2(A) Procurement of Consultant (via PDMFS)
0 Project Concept Note
0 TA letter with Representatives for PSC, SBAC and TWG
0 Shortlist of Firms
0 Terms of Refernece and Lovel of Effort
0 Bidding Schedule
0 Contract
0 PSC Resolutions
0 2(8) Pre-FS/FS/Business Case Reports
0 Inception Report
0 Progress Report
0 Draft Final Report
0 Final Report

0 3 Project Financing
0 DBM Funding Strategy
0 Forward Obligational Authority
0 Multi-Year Obligational Authority

0 4 NEDA Submission and Approval

0 4(A) Proposed PPP Project s
0 1. Project Proposal (with e-copy in PDF)
0 l .a. Project Proposal
0 l .b. Feasibility Study
0 2. ICC PE Forms (with e-copy in PDF)
0 2.a. PPP fl : General Info
D 2.b. PPP f2 : Estimated Project Cost
D 2.c. PPP f3 : Project Revenue

D
2.d. PPP f4.a : Estimated Project Benefits and Costs - Financial

D
2.e. PPP f4.a: Estimated Project Benefits and Costs - Economic
D 2.f. PPP fS: Risk Allocation Matrix
0 2.g. PPP f6: Logical Framework
0 2.h. PPP f7 : Project and Financing Milestones
0 2.i. PPP f8 : Maximum Government Exposure
0 3. ICC Project Evaluation Matrix (with e-copy in PDF)
4. Project context in Department's overall strategy/program
0
[PIP, Cli P)

0 5. DBM certification of budget cover availability for GOP

counterpart (prior to NEDA Board confirmation of ICC approval)
0 6. ROC Endorsements (prior to Notice of Award)
D 7. Environmental Impact Statement (EIS) I Environmental
Compliance Certi ficate (ECC) I Certif icate of Non-Coverage
8. ROW Acquisition and Resettlement Action Plan (RAP) with
D
budget cover
D 9. DOF-CAG review (GOCC/GFI projects)
10. Information on job creation/em ployment impact of the
D
project
D 11. NCC review (rei ending programs)

D
12. Endorsements from other concerned agencies, if applicable
D 13. Location map (with e-copy)
D 14. End orsemen t from the Secretary
15. Tra ceable formula format of Economic and Financial
D
Analyses (2 COs)
D 4(8) Present atio ns
D ICC PPPTWG
D ICC Cabinet Committee
D NEDA Board
D Cheat Sheet
D 4(C} Correspondences w ith ICC PPP TWG
D ICC PPPTWG
D ICC Cabinet Committee
D NEDA Board
D 4(0) Project Term Sheet I Executive Sum mary for ICC CC
D ICC M emo to the NEDA Board
D NEDA Board Resolution I certification I Minutes

D 5 Tender St age
D 5(A) Instit ut ional Arrangements and Approvals
D Special Order (Creation of P/S BAC, TWG)
D MOA with Attached Agency, if appli ca ble
D Required Approvals
D Head of Agency
D Board Resolution of Attached Agency
D Office of the Solicitor General
D Office of Govern ment corporate Counsel
D Department of Finance

D 5(8) Correspondence from Bidders (Expression of Interest, Non-

Disclosure Agreement, Request f or Data Room access)
D Notices of Meetings
D M inutes of Meetings
D Presen tations
D 5(C) Preq ualif icat ion
D Invitation to Pre-Qualify and Bid Advertisement
D Project Information Memorandum
D Instructions to Prospective Bidders
D Queries from Prospective Bidders
D Bid Bulletins
D 5(0) Bid Stage
D Instructions to Bidders
D Draft Concession Agreement and Schedules
D Queries from Bidders
D Documents uploaded to Data Room
D Bid Bulletins
D S{E) Bid Evaluation and Execution of Contract
D 1. Pre-Qualification
D l.a. TWG Report
D l.b. PBAC Resolutions
D l.c. PBAC M inutes of Meetings
D 2. Technical Evaluation
D 2.a. TWG Report
0 2.b. P/SBAC Resolution s
D 2.c. P/SBAC Minutes of M eetings
0 3. Financial Evaluation
D 3.a. TWG Report
D 3.b. P/SBAC Resolutions
D 3.c. P/SBAC Minutes of Meetings
D 4 . Award
D 4.a. TWG Report
D 4.b. P/SBAC Resolutions
D 4 .c. P/SBAC Minutes of M eetings
D 4 .d. Notice of Award
D 4 .e. Signed Concession Agreement and Schedu les

D 6 Reference Files and Research M aterials

 ANNEX D: PROJECT IMPLEMENTATION REPORT
Pre-Construction Stage

1. Project Name
2. Implementing Agencies
3. Project Proponent
4. Reporting Period For Quarter of
5. Prepared By
(Name and Contact Number)
6. Date Prepared
7. Project Manager
(Name and Contact Number)

8. IC Procurement
Completion Dates
Details of Activities Remarks
Plan Actual

9. Preparation of Detailed Engineering Design

Completion Dates
Details of Activities Remarks
Plan Actual

10. Right of Way Acqui sition

Completion Dates
Details of Activities Remarks
Plan Actual

11. Permits, Licenses and Approvals

Completion Dates
Details of Activities Remarks
Plan Actual

12. Financial Closure

Completion Dates
Details of Activities Remarks
Plan Actual
13. Others
Completion Dates
Details of Activities Remarks
Plan Actual

14. Conditions Precedent (as stated in the Contract) Completion Dates

Remarks
Plan Actual

15. Events of Default

Details of the Events Action/Status
 ANNEX D: PROJECT IMPLEMENTATION REPORT
Construction Stage

1. Project Name
2. Implementing Agencies
3. Project Proponent
4. Reporting Period For Quarter of

5. Prepared By
(Name and Contact Number)
6. Date Prepared
7. Project Manager
(Name and Contact Number)
8. Project Phase
9. Actual Physical Accomplishment for this Quarter %

10. Actual Cost of Physical Accomplishment for this Quarter PHP million or USD million
11. Actual Construction Period for this Quarter
12. Contractors Involved

13. Construction Activities/Milestones

Total Physical Accomplishment as of this Quarter (cumulative from the beginning of construction):
%
Completion Dates
Key Activities/Milestones This Quarter Remarks
Plan Actual

14. Project Changes

Description of the Change/s Action/Status

15. Project Issues

Description of the lssue/s Action/Status

16. Project Risks

Description of Ri sk/s Action/Status
17. Financial Information
Cost Breakdown of Activities/Milestones Incurred By (lA or Project
Cost (in Peso)
This Quarter Proponent)

Details of Constru ction Performance Security Amount (as of this Quarter)

Bank
Drawings (if any)
18. Events of Default
Details of Events Action/Status

19.
Key Performance Indicators (KPI)/Minimum Performance Standards and Specicifations (MPSS)
Details of KPI/MPSS Action/Status

20. Recommendations and Requests for Decisions and Support

21. Project Documents Attached to the Project Performance Report

Pictures of the Project

Project Component: Project Component:
Date Taken : Date Taken :

Project Component: Project Component:

Date Taken : Date Taken:
 ANNEX D: PROJECT IMPLEMENTATION REPORT
Operations and Maintenance Stage

1. Project Name
2. Implementing Agencies
3. Project Proponent
4. Reporting Period For Quarter of
5. Prepared By
(Name and Contact Number)
6. Date Prepared
7. ProJect Manager
(Name and Contact Number)
8. Start of Operation (Date)
9. Concession Period (in years)
10. Operations and Maintenance Operator

11. Operations and Maintenance Activities/Milestones

Completion Dates
Key Activities/Milestones This Quarter Remarks
Plan Actual

12. Key Performance Indicators (KPis)

Performance Actual
Description of KPis Remarks
Standard Performance

13. Project Changes

Description of Change/s Action/Status

14. Project Issues

Description of lssue/s Action/Statu s

15. Project Risks

Description of Risk/s Action/Status
16. Financial Information
Cost Breakdown of Activities/Milestones This Incurred By {lA or Project
Cost (in Peso)
Quarter Proponent)

Cumulative (from the start

Revenue Performance This Quarter (in Peso)
of operation - in Peso)

Details of Operations and Maintenance

Amount (as of thi s Quarter)
Performance Security
Bank
Drawings (if any)
17. Events of Default
Details of Events Action/Status

18. Events of Default

Turn-Over {for projects nearing end of
Action/Statu s
concession)

19. Recommendations and Requests for Decisions and Support

20. Project Documents Attached to the Project Performance Report

Pictures of the Project

Proj ect Component: Proj ect Component :

Date Taken : Dat e Taken:

Project Component: Project Component:

Date Taken : Date Taken :