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UNSOLICITED PROPOSAL

ISSUES:
I. What is an Unsolicited Proposal?
II. What agency accepts Unsolicited Proposals for Solar Power
Plant Projects?
III. What are the requisites for the acceptance of Unsolicited
Proposals?
IV. What are the documents that must be included in the
proposal?
V. What is the process after submission of the proposal?

CONCLUSIONS:
I.

Unsolicited proposals refer to project proposals submitted by the
private sector, not in response to a formal solicitation or request
issued by an Agency/LGU and not part of the list of priority projects
as

identified

by

Agency/LGU,

to

undertake

Infrastructure

or

Development Projects which may be entered into by Agency/LGU
subject to certain requirements/conditions.1
II. The Department of Energy (DOE) is the appropriate agency which
accepts Unsolicited Proposals to undertake a Solar Power Plant
Project.

1 Revised BOT Law Implementing Rules and Regulations, Rule 1 Section 1.3 (d.d.)

subsidy or equity is required. On the other hand. If no comparative or competitive proposal or no complying bid is received by the agency. (2) no direct government guarantee. Should the original proponent fail to match the price proposal of the comparative proponent within the specified period. An Unsolicited Proposal may be accepted by the DOE on a negotiated basis provided that all the following conditions are met: (1) such project involves a new concept or technology and/or are not part of the list of priority projects. and (3) the government agency has invited by publication. 2 2 Revised BOT Law Implementing Rules and Regulations. the latter shall have the right to match such price proposal within thirty (30) working days from receipt of a notification from the agency of the result of the comparative or competitive bid. In the event that a comparative proponent submits a price proposal better than that submitted by the original proponent. the original proponent shall immediately be awarded the contract.III. the project shall immediately be awarded to the original proponent. the contract shall be awarded to the comparative proponent. if the original proponent matches the price proposal of the comparative proponent within the specified period. Rule 10 Section 10. for three (3) consecutive weeks in a newspaper of general circulation.1 .

and other documents that are needed even if proprietary in nature.IV. 3 The DOE shall acknowledge receipt of the proposal within seven (7) calendar days and advise the proponent whether the proposal is complete or incomplete within thirty (30) calendar days from submission thereof.4 Outline of Proposal:5 3 Revised BOT Law Implementing Rules and Regulations. among others. company profile. draft contract. implementation period. the DOE shall return to the proponent its submission indicating what information is lacking or necessary and the DOE may entertain thereafter other same or similar project proposal. Rule 10 4 Ibid. and must include the company profile of the unsolicited proponent. The cover letter shall indicate the basic information on the proposal such as its expected output and outcome.doe. The feasibility study. The unsolicited proposal must include a cover letter. If incomplete. and other documents that are needed even if proprietary in nature shall be submitted in a sealed envelope.ph/sites/default/files/pdf/e_ipo/P2_energy_projects_and_registrat . the draft contract. 5 http://www. and general description of the new concept or technology.gov. feasibility study which should indicate relevant assumptions.

ByLaws and General Information Sheet) III. 2) qualify the proponent. commissioning date. the DOE shall: 1) appraise the merits of the project.I. official name of the facility. 4) recommend a reasonable Rate of Return (ROR). the DOE shall inform the proponent whether ion_procedures. 3) assess the appropriateness of the contractual arrangement and reasonableness of the risk allocation. Upon receipt of the proposal. and. Company Profile / Background a) Briefly describe the company. Project Profile a) Project background (exact location. 6 Within one hundred and twenty (120) calendar days upon receipt of the complete proposal.pdf 6 Ibid. SEC/DTI Registration (SEC Certified Articles of Incorporation. its history and the sector in which it operates b) List of Key Officials c) List and Overview of the major power projects accomplished by the company if applicable II. 5) inform the ICC and the PPP Center of its receipt of an Unsolicited Proposal. . and off-take of electricity) b) Feasibility Study c) Technical Description d) Total Investment Cost (include breakdown of the entire project cost and assumptions) e) Financial Statement V. commercial operation date.

In case of acceptance.the latter’s proposal has been accepted or rejected. 7 7 Ibid. . DOE shall endorse the unsolicited proposal and submit all pertinent documentation to the ICC/Approving Body.