LOCAL WATER UTILITIES ADMINISTRATION P.O. BOX34, UP. Post Office, Kalipunon Avenue, Balora, Quezon City } Tel No.: 920-5881 to 99; 920-8601 FaxNo.: (632) 922-8434 o ‘Administrator’ Ditect line: (02) 929-61-07 LUNUA Websile: www.nua.gov.ph MEMORANDUM CIRCULAR No.0 | 3" 1 9 TO + ALLLOCAL WATER DISTRICTS SUBJECT : Reiteration of LWUA MC No, 00313 dated Feb. 28, 2013 on LWUA Review of BOT and Similar PPP Proposals for Water Supply Projects of LWDs DATE —: October 8, 2019 On February 28, 2013, our office issued Memorandum Circular No. 003-13" (MC 003-13) requiring all local water districts (LWDs) intending to implement Build-Operate-Transfer (BCT) or Public-Private Partnership (PPP) projects through bulk water supply contracts, joint venture agreements (JVAs), concession contracts and other similar contractual schemes to comply with Executive Order No. 68 (EO 68) issued on February 10, 1999 by then President Joseph Ejercito Estrada. EO 68 was issued to implement Republic Act (RA) No. 6957 (An Act Authorizing The Financing, Construction, Operation And Maintenance of Infrastructure Projects By the Private Sector And For Other Purposes), as amended by RA No. 7718. The directive was for the submission of the unsolicited proposals of private sector to our office for appropriate review and evaluation. Under EO 68, LWUA is mandated to conduct preliminary and final reviews of BOT proposals for water supply projects. Section 3 of EO 68 pertinently provides: “SEC. 3. UNSOLICITED PROPOSALS. For unsolicited BOT proposals with the water districts as implementing agencies, the approval process shall be as follows: WOK XK HK e. Submission of Documents and Reports — The WD shall be required to provide LWUA with copies of all the above documents and reports for its information in order that its review of the proposal will have sufficient basis. f. Before the evaluated proposal is submitted for preliminary review by NEDA, LWUA shall also make a preliminary review of the project proposal based on the evaluation made by the PBAC (for BOT) of the water districts; * LWUA Review of Build-Operate-Transfer and Similar Public-Private Partnership (PPP) Proposals on Water Supply Projects of Water Districts Tubig sa Nayon - Alay sa Pilipinas!013:19 g. LWUA shall make its final review of the project proposal after the WD Board of Directors shall have approved the same.” In view of the foregoing and considering that EO 68 has not been repealed or superseded, the directive in MC 003-13 that all LWDs should submit the proposals they receive from the private sector for BOT or PPP projects to our office for appropriate review and/or evaluation is hereby reiterated. Strict compliance is enjoined. Téci a. Lapus