PPP Center outlines rules for seeking opinions on PPP Code – BusinessWorld Online
THE Public-Private Partnership (PPP) Center said it set guidelines for seeking the regulator’s opinion regarding the proper interpretation of the PPP Code.
The so-called non-policy matter (NPM) opinions will be issued upon request in the event of issues encountered in the course of participating in projects governed by the PPP Code.
In a statement on Tuesday, the PPP Center said the guidelines, published on Aug. 9, require parties seeking opinions to submit a letter signed by an authorized signatory, addressed to PPP Center Executive Director Ma. Cynthia C. Hernandez.
The letter should be sent to legalservice@ppp.gov.ph, together with relevant supporting documents and a certification agreeing to the terms and conditions.
The NPM category covers the center’s interpretation of the applicability of the PPP Code and its implementing rules and regulation, issuances, policies, or guidelines, the PPP said in a Memorandum Circular released on Aug. 5.
“Requests for NPM opinions may cover matters such as whether a project falls under the PPP framework, potential overlaps with other infrastructure projects, the need for government undertakings or availability payments funded by the General Appropriations Act, and contribution to joint ventures that exceed 50% of an implementing agency’s assets, among others,” the PPP Center said.
Under Section 7.1 of the 2024 Amended PPP Governing Board Protocols (PPPGBP), the PPP Center is authorized to issue NPM opinions on project-specific concerns involving legal and/or regulatory interpretation. — Aubrey Rose A. Inosante
