Neda checkpoints in PPPs
For public-private partnerships (PPPs) or arrangements between government/implementing agencies (IAs)—national government agencies, government-owned and -controlled corporations (GOCCs), government instrumentalities (GIs) and local government units (LGUs)—and private-sector proponents (PSPs), the role of the National Economic and Development Authority (Neda) depends on the modality, and governing law and regulation.
The relevant laws and rules would be the build-operate-Transfer (BOT) law providing nine modalities; the Neda Joint Venture Guidelines (JV Guidelines); and the Department of the Interior and Local Government Memorandum Circular 120-2016 (DILG MC 120) covering 24 modalities.
The Neda is not a single-level agency. The Neda can refer to the Neda Board chaired by the President, the Neda-Investment Coordination Committee (Neda-ICC) and the Neda-ICC-Technical Board (Neda-ICC-TB).
Neda 4-pass rule. Under the BOT law, for unsolicited proposals (UPs) for national PPP projects, regardless of the project cost, the Neda intercedes at four junctures. After the IA determines the completeness of and accepts the UP, and prior to negotiations, all relevant documents are forwarded to the Neda-ICC for determination of the reasonable rate of return (second pass).
Under Joint Memorandum Circular 2017-01 (MC 2017-01) issued by the Department of Finance and Neda, the Neda-ICC-TB shall first undertake a technical review (first pass) prior to elevation to the Neda-ICC. After Stage Two of the UP process, the Neda-ICC must approve the terms of the negotiations (third pass) and subsequently recommend approval to the Neda-Board (fourth and last pass)
Neda 3-pass rule. Under the BOT Law, for solicited national projects with a total project cost of more than P300 million, the project must be approved by the Neda Board (third and last pass) upon the recommendation of the Neda-ICC (second pass). Under MC 2017-01, the Neda-ICC-TB shall undertake a technical review (first pass) prior to elevation to the Neda-ICC.