Businessmirror february 19, 2018

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Monday, February 19, 2018 Vol. 13 No. 131

‘Charter review must also focus on economic policies’

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By Elijah Felice E. Rosales

@alyasjah

he country’s largest business group is concerned the shift to federalism will be prioritized in the review of the 1987 Constitution over making changes in economic policies the business sector has long fought for.

Executive Order 10

The directive issued by President Duterte, which created the consultative committee

The Philippine Chamber of Commerce and Industry (PCCI) was dismayed with President Duterte’s decision to fill his consultative committee with lawyers, saying they might focus on political changes and sideline Continued on A16

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An unsolicited proposal is (in)complete when… Alberto C. Agra

ead

PPPC.LAgra Alberto

T

he completeness (or incompleteness) of an unsolicited proposal (UP) submitted by a private sector proponent (PSP) for a public-private partnership (PPP) arrangement largely depends on the law or regulation upon which the UP is submitted. For build-operate-transfer (BOT) and jointventure (JV) schemes, the BOT law and its implementing rules and regulations (IRR) and the 2013 guidelines issued by the National Economic and Development Authority (Neda Guidelines), respectively, shall govern. Continued on A15

CONGRESS TARGETING BMReports TO APPROVE RICE-TARIFF BILL BEFORE LENTEN BREAK PHL scales terrain of Swiss challenge and procurement Republic Act 8178 I T By Jovee Marie N. dela Cruz

By Rea Cu

@joveemarie

he chairman of the House Committee on Agriculture said the lower chamber remains committed to approve a bill amending Republic Act (RA) 8178 to abolish the quantitative restriction (QR) on rice before Congress goes on its Lenten break next month. House Committee on Agriculture and Food Chairman Jose T. Panganiban Jr. of Anac-IP said the Duterte administration, particularly the Department of Finance,

The law that allows the government to continue imposing rice-import caps

wants the bill to be enacted by March 23 or before Congress’s break on March 21. See “Congress,” A16

US Navy: China’s military buildup won’t stop patrols

A

BOARD USS Carl Vinson, Philippines—United States forces a re u ndeter red by China’s military buildup on man-made islands in the South China Sea and will continue patrolling the strategic, disputed waters wherever “international law allows us,” said a navy officer aboard a mammoth United States aircraft carrier brimming with F-18 fighter jets. Lt. Cmdr. Tim Hawkins told The Associated Press on board the USS Carl Vinson that the navy has carried out routine patrols at sea and in the air in the region for 70 years to promote security and guarantee the unimpeded flow of trade that’s crucial for

@ReaCuBM

Part One

Asian and US economies. “International law allows us to operate here, allows us to fly here, allows us to train here, allows us to sail here, and that’s what we’re doing, and we’re going to continue to do that,” Hawkins said last Saturday on the flight deck of the 95,000-ton warship, which anchored at Manila Bay while on a visit to the Philippines. W hen President Donald J. Trump came to power, Southeast Asian officials were uncertain how deep the US would get involved in the overlapping territorial claims involving China and its Southeast Asian neighbors. See “US Navy,” A2

PESO exchange rates n US 52.0240

T sounds sweet; but “Swiss challenge” is more than euphony. So says the Government Procurement Policy Board, the agency tasked to protect the national interest in all matters affecting the procurement of goods and services on behalf of the public. For the GPPB, the Swiss challenge system, which is in line with project bidding in the country, falls mainly under the build-operate-transfer (BOT) law, or Republic Act 6957, and not the Government Procurement Reform Act, or RA 9184. That is according to GPPB-Technical Support Office (TSO) Executive Director V Dennis S. Santiago. “It’s like this: the Swiss challenge is not really under RA 9184,” Santiago, also a lawyer, told the BusinessMirror. “As a matter of fact, the procurement law does not have that concept of a Swiss challenge.” Santiago explained in an interview that the Swiss challenge only aligns with procurement when an unsolicited proposal has been presented to the government. “It comes in when there is an unsolicited proposal.” Santiago explained that the Swiss Challenge tack is governed by RA 6957, the BOT law, as amended by RA 7718. “That’s where you find Swiss Challenge [in the BOT law].” The BOT law was created to help recognize the role of the private

This file photo shows workers working on steel rods for a building in Pasay City. Dennis S. Santiago of the Government Procurement Policy Board explained that the government is backed up by the Government Procurement Reform Act (Republic Act 9184) as it implements infrastructure projects. NONIE REYES

sector in terms of contributing to the growth of the Philippine economy, by helping the government in terms of goods delivery, consultancy services and infrastructure buildup, among others, Santiago explained.

Unsolicited proposal

THE BOT scheme, according to RA 6957, is defined as “a contractual

arrangement whereby the contractor undertakes the construction, including financing of a given infrastructure facility, and the operation and maintenance” of the facility. “The contractor operates the facility over a fixed term, during which it is allowed to charge facility users appropriate tolls, fees, rentals and charges sufficient to en-

able the contractor to recover its operating and maintenance expenses and its investment in the project plus a reasonable rate of return.” Under a Swiss challenge system, the government receives an unsolicited proposal for a project wherein the details of the bid are published. The government invites third parties to match or exceed the bid. Continued on A2

n japan 0.4866 n UK 72.9272 n HK 6.6508 n CHINA 8.2057 n singapore 39.5921 n australia 41.2550 n EU 64.8479 n SAUDI arabia 13.8727

Source: BSP (15 February 2018 )


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