Contrasting 3JV Frameworks: Alberto C. Agra's Expertise

Alberto C. Agra, Chairman of the Board at Philippine Reclamation Authority, is a certified PPP and Regulation Specialist with vast experience in PPP Law, Local Government Law, and Political Law. As a leader and educator, his insights on Public Management and Government Regulations are invaluable. Explore the differences in PPP framework guidelines set in 2013, highlighting the roles, selection processes, and security measures involved. Understand the nuances of JV Periods, NEDA Guidelines, and Track Record requirements. Dive into the world of Public-Private Partnerships with a seasoned professional guiding the way.

• Public Management
• PPP Law
• Government Regulations
• Alberto C. Agra
• JV Frameworks

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Uploaded on Mar 08, 2025 | 0 Views

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1. Contrasting 3 JV Frameworks Alberto C. Agra Chairman of the Board, Philippine Reclamation Authority Certified PPP and Regulation SpecialistTM Adviser, PPP for the People, DILG PPP Law, Local Government Law Professor and Political Law Bar Reviewer, Ateneo Law School Columnist, PPP Lead, BusinessMirror PhD Candidate, Leadership Studies major on Public Management, Ateneo School of Government Former Acting Secretary of Justice, Acting Solicitor General and Government Corporate Counsel

2. 3 JV Frameworks PPP/ JV 2013 NEDA JV Guidelines Ordinance (DILG MC 120-2016) Special JV Guidelines/ Others

3. 2013 NEDA Guidelines BCDA Guidelines Template Ordinance Scope GOCCs, GIs, GCPs, GFIs and SUCs Excepted list (No. 2) LGUs (option to adopt) Basis EO 423 (2005) 2013 Guidelines; EO 423 (2005); OGCC opinion 1991 LGC JV Period Maximum 50 years 50 years renewable for another 50 Maximum 50 years NEDA Role Approves if gov t contribution P150m or more Not required Not required GCG and OP Roles If incorporated JV and disposition Not required Not required Privatization Council Role If divestment involved Not required Not required Selection Committee 5 members Observers mandated 5 members No observers 7 members (includes council and CSO; observers optional

4. 2013 NEDA Guidelines BCDA Guidelines Template Ordinance Track Record Completed a similar/ related project (>50% of JV cost) By PSP or consortium member or consultant/ contractor; successfully undertaken 1 or more similar/ related (% not fixed) Set by LGU/ SC Process Periods Stipulated Stipulated Not stated; Issued by LCE Multiple Proposals First-in-time Approach First-in-time Approach Select best OP Status After negotiations (Stage 2) After negotiations (Stage 2) After acceptance of proposal (Stage 1) Right of OP/Challe nge Opportunity to submit 2nd/ better financial offer Right to outbid under listed circumstances Right to match Proposal Security Traditional forms; stated amounts Manager s or cashier s check; BCDA determines amount (<10%) Not stated; determined by LGU/ SC