Transcript PPP Presentation - Professional Regulatory Board of

Best Practices in Conducting a
TECHNICAL Feasibility Study (TFS)
for a Public-Private Partnership (PPP)
Infrastructure Project
(unabridged version)
Panel 3 Discussions on Structuring a PPP Project :
Key Success Factors
An International Private Sector Workshop on
Enhancing Institutional Framework
for PPP in Infrastructure Development
15 January 2010, Makati City
Ar Armando N. ALLÍ, apec ar
PRBoA Chairman (www.architectureboard.ph)
Co-Vice Chair, DPWH Board of Consultants (BoC)
(Discussant)
A. Infrastructure Typology
1) HARD Infrastructure
a) Horizontal - roads, bridges, flood control*,
water and power supply and distribution*,
transportation and telecommunications*, traffic/
waste/ coastal management systems*, land
development, planned unit development (PUD)*
b) Vertical – public/ institutional buildings e.g.
schools, hospitals/ health centers, national/
regional/ local offices and civic centers, halls of
justice, agricultural, industrial, housing and
resettlement, cultural, tourism, recreational and
parks/ open spaces, national defense, etc.
*with vertical components
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A. Infrastructure Typology
2) SOFT Infrastructure
a) Regulation - national and local development
controls relating to construction and development,
the natural and built environments, procurement
and PPP-BoT processes, professional practices
and documents, administration/ implementation/
enforcement of law (soft vs. hard State) , etc.
b) Public Planning, Management and Response framework and land use planning, natural and
human resources, disaster planning and response
c) Public/ Institutional Capability Enhancement
d) Participation and General Social Concerns
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B. The HARD Infrastructure Project
Due Diligence Stream
1) Pre-Feasibility Study (based on secondary data)
2) Feasibility Study (Technical, Financial and Social),
including Concept to Preliminary level Master
Development Plans (MDPs) and Architectural and
Engineering (A&E) and Allied Plans and Designs
(P&D)
3) Detailed MDP and A&E & Allied Plans and Designs
4) Project Management and Implementation including
Infrastructure Procurement and Other Consulting
Service Procurement Program/s plus Furniture,
Fixture & Equipment (FFE) Procurement/ Fit-out
5) Project Evaluation and Monitoring
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C. Key Components of an Infrastructure
Technical Feasibility Study (TFS)
1) Project Site Surveys, Investigations & Reports
2) Compliance Surveys and Reports
3) Traffic and Transport Surveys &Reports
3) Space Planning and Operations/ Process Flow
Surveys and Reports (done mainly for
Buildings/ Vertical Infrastructure Projects)
4) Environmental Investigations and Reports
5) Social Acceptability Survey/s and Reports
6) Public Consultations and Reports
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D. Mandated Philippine Compliances
for a HARD Infrastructure TFS
1) National Development Controls (Building
Code and its Referral Codes for Vertical Hard
Infra, planning laws, environmental laws, etc.)
2) Local Development Controls (zoning
ordinance, development-related ordinances,
etc.)
3) Professional Regulatory Laws (PRLs) and their
supportive guidelines, standards and manuals
of procedure governing professional practices
and documents
4) Applicable best practices (non-regulated) www.architectureboard.ph
E. Other Best Practices for PPP
Infrastructure TFS
1) The TFS Consulting Firm or Individual must be a
Registered and Accredited Member of the
Confederation of Filipino Consulting Organizations
(COFILCO, the umbrella organization of Philippine Consultants as defined under R.A. No. 9184/ 2003 GPRA and its IRR)
2) Full compliance with Professional Regulatory Laws
(PRLs) and their supportive guidelines, standards and
manuals of procedure on matters of professional firm
registration, ownership, management and operation for
TFS firms engaged in State-regulated professions
3) SUSTAINABLE Plans/Designs e.g. “Green” Architecture
4) ISO compliances/ accreditation a distinct advantage
5) Professional Indemnity Insurance (as applicable)
F. Matching Professional Competencies
for Infrastructure Projects
1) HARD Infrastructure
a) Horizontal - Professional* Engineers and
Environmental Planners
b) Vertical - Professional*Architects and Engineers
2) SOFT Infrastructure – Professional* Engineers
Architects and Environmental Planners and
duly qualified and suitably experienced
professionals not regulated by the State.
*
State-regulated professions i.e. requiring certification thru licensure
examinations and renewable licenses, membership in accredited professional
organizations (APOs), and full compliance with valid and subsisting
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professional regulatory laws (PRLs)
G.Consulting Service Procurement Matters [under
R.A. No. 9184/ 2003 Government Procurement
Reform Act (GPRA) and its 2009 Revised
Implementing Rules and Regulations (IRR)]
1) GIVEN SCOPE OF WORK UNDER THE TOR - must
be reflective of current State-regulated professional
practices and must be fully compliant with the
pertinent professional regulatory laws (PRLs);
deviations, particularly if substantial, MUST be
separately compensated by the Government
2) REACTION PERIOD BY THE GOVERNMENT must be fully DEFINED in the Consulting Service
Agreement i.e. an open-ended response time translates
into huge operating and overhead costs for the
Consultant
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H. Intellectual Property Rights (IPR) of
Planning and Design Consultants
1) OWNERSHIP * of the generated/ evolved
Infrastructure Plans and Designs is SHARED by the
Consultant and the Government (Republic Act/ R.A.
No. 8293)
2) COPYRIGHT** over the generated/ evolved
Infrastructure Plans and Designs is MAINTAINED
by the Consultant; ROYALTIES apply (R.A. No. 8293
and R.A. No. 9266 in the case of the Architects)
* applies to the original work or the first/ prototype infrastructure
** applies to the second and subsequent infrastructure, even if site adaptation
is a requirement
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I. ISSUES on Technical Feasibility
Study (TFS) Preparation
1) The Government practice of requiring plans and
designs to be submitted as part of the TFS proposal
constitutes a serious violation of intellectual property
rights (IPR)/ R.A No. 8293 and the Architecture Law/
R.A. No. 9266);
2) REPETITIOUS plan and design preparation and
extended Government reaction periods to transmitted
Consultant deliverables must be additionally
compensated; and
3) REPETITIVE plan and design preparation must be
separately compensated through royalties.
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J. CONCERNS on Technical Feasibility
Study (TFS) Preparation
1) A Social Acceptability Report (based on primary stakeholder interviews)
and/or a Host Community Participation Program must be standard features
for TFS of large to very large PPP infrastructure projects
2) At least 3 Project Monitoring Reports by Third Parties i.e. post-design, post
construction and post-initial operation need to become standard features for
TFS of large to very large PPP infrastructure projects
3) Urban Design inputs must be requirement for TFS of large to very large
HORIZONTAL Infrastructure Projects so that the resultant designs shall be
more organic, softer, properly proportioned if not human in scale and
generally aesthetic .
4) There should be a parallel set of planning, design and construction standards
for ALL types of HORIZONTAL HARD Infrastructure i.e. similar to the
National Building Code and its Referral Codes (P.D. No. 1096 and its 2004
Revised IRR) that govern VERTICAL HARD Infrastructure Projects
5) The Government Procurement Policy Board (GPPB) must always consult/
liaise with the Professional Regulation Commission (PRC) and its
Professional Regulatory Boards (PRBs) anent matters concerning Statewww.architectureboard.ph
regulated professional practices and documents.
Best Practices in Conducting a
TECHNICAL Feasibility Study (TFS)
for a Public-Private Partnership (PPP)
Infrastructure Project
(unabridged version)
Thank You
and a
Pleasant Afternoon to All
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