Mayor Benjamin Magalong issued the implementing rules and regulations (IRR) of Ordinance 61 s. 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 in 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 47 s. 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, and regulation and contract management, among others.
The mayor also reconstituted the selection committee to be co-chaired by the city administrator and the city budget officer, the technical working group, and the secretariat.
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 variants Build-and-Transfer; Build-Lease-and-Transfer; Build-Operate-and-Transfer; Build-Own-and-Operate; Build-Transfer-and-Operate; Contract-Add-and-Operate; Develop-Operate-and-Transfer; Rehabilitate-Operate-and-Transfer; Rehabilitate-Own-and Operate, Rehabilitate-Lease-and-Transfer – subject for approval of the President; Rehabilitate-and-Transfer subject for approval of the President; Rehabilitate-Transfer-and-Operate subject for approval of the President; Concession Arrangement; Joint Venture; 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 said features.
The following procedures apply on the P4 selection process:
BOT variants must follow procedures set forth in Republic Act 6957, as amended by Republic Act 7718, and its IRR; Management and Service Contracts, RA 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 Commission on Audit Circular 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 submission of unsolicited proposal, detailed negotiations, and competitive or Swiss challenge proper. – Aileen P. Refuerzo
April 24, 2024
