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2013 JV Guidelines

Annex B Negotiated JV and Competitive Selection


Annex B Negotiated JV and Competitive
Selection START

Negotiated JV activity:
When a Government Entity receives a
proposal from the private sector;
When a failed competitive selection, the
Government Entity conducts another
competitive selection which again fails.
Negotiations must be concluded within 1
year from date of submission of bids for
second failure of competitive selection, and
negotiation shall only be on the financial
terms.

Three-stage framework
Stage One Initial Evaluation of Proposals by Concerned Government Entity
Stage Two Conduct Negotiation between Concerned Government Entity and Private
Sector Entity/ies, Conferment of Original Proponent Status, and Evaluation by the
Approving Authority
Stage Three Competitive Challenge and Reimbursement to the Original Proponent
the Cost Incurred from Producing the JV Proposal
Stage One Initial Evaluation of Proposals by Concerned Government Entity

Within 60 calendar days upon


submission of complete documents by
private sector entity including eligibility
requirements initial evaluation
completed

Non-
Acceptanc
Head of Government Entity shall issue e Private sector entity
either a letter of acceptance or non- informed of the grounds
acceptance of the proposal for non-acceptance

Acceptance

Authorization is given to proceed with


detailed negotiations with the terms
and conditions of the JV activity
Stage Two Conduct Negotiation between Concerned Government Entity and
Private Sector Entity/ies, Conferment of Original Proponent Status, and
Evaluation by the Approving Authority
unsuccessful
Negotiation by parties on the terms and conditions of the JV activity, and negotiation Government Entity will reject the proposal
the legal, technical and financial aspects stating the grounds for rejection
1 to be completed within 30 calendar days upon acceptance Government Entity may accept new
2 Compliance with Section 6 (General Guidelines) and Section 7 proposal or decide to pursue the proposed
(Process for Entering into JV Agreements) activity through alternative routes other
than JV

Within 7 calendar days after successful negotiation Head of Government


Entity and authorized representative of private sector entity shall issue
signed certification that an agreement has been reached and both agree
to submit the proposal to competitive challenge;
Certification will also state that the private sector participant is eligible
and the Government Entity shall confer on the proponent the original
proponent status

Government Entity shall endorse JV proposal and submit pertinent


documentation to appropriate Entity and Approving Authority (Sec. 7.2)
If Approving Authority is the Head of the Government Entity, conferment
of original proponent status is deemed an approval of the project
proposal
If Approving Authority is NEDA Board ICC, if disapproved, the Government
Entity shall inform the original proponent and the original proponent
status shall be withdrawn

After approval by Approving Authority, the draft contract including the


selection documents for the competitive challenge are prepared
Stage Three Competitive Challenge and Reimbursement to the Original Proponent
the Cost Incurred from Producing the JV Proposal

Preparation of tender documents pursuant to Section II (Annex A)

Head of Government Entity, through JV-SC, shall approve all tender documents and draft
contract before publication of IAESP

Within 7 calendar days upon approval by Approving Authority of JV proposal


publication of IAESCP in accordance with Section III Guidelines

Qualification of interested private proponents (Section IV.2 Eligibility Requirements


Annex A)

At least 120 calendar days or as approved by the appropriate Approving Authority from
issuance of tender/bidding documents prospective comparative private sector
participants or challengers to develop and submit comparative proposals
If no comparative proposal, JV activity is awarded to original proponent

Follow procedure in Annex A


(determination of eligibility of comparative proponents, issuance of supplemental
competitive selection bulletins, pre-selection conference, submission and receipt of
proposals, opening and evaluation of proposals)
Stage Three Competitive Challenge and Reimbursement to the Original Proponent
the Cost Incurred from Producing the JV Proposal

Evaluation of financial proposals:


modified competitive challenge procedure
1 original proponent may opt to submit on or before the date of the
opening of financial proposals its second financial proposal
2 if Government Entity, upon recommendation of the JV-SC, determines
that the offer of the challenger is superior or more advantageous to the
government, the JV contract will be awarded to the challenger
3 in case challende fails to outbid the financial proposal of te original
proponent, the JV contract will be awarded to the original proponent
4 - in case of tie award to original proponent

Within 7 calendar days from completion of competitive challenge JV-SC


shall submit recommendation of award to the Head of the Government Entity