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BOT Procurement Process

Under Republic Act 7718 and its IRR, the implementing agency/local government units (IAs/LGUs) can implement their BOT/PPP projects through any of the following implementation modes:

Public Bidding (Solicited Mode)

The IA/LGU chooses to procure their priority infrastructure and development projects through transparent and competitive public bidding process. The IA/LGU requests for bids for its priority infrastructure projects, approved by the approving body, from project proponents that are pre-qualified through the bidding process.

IAs/GUs involved in BOT proponent selection can use either of two options:

Option 1: Pre-qualification prior to the issuance of the request for proposals.
Option 2: The process of pre-qualification is included in the request for proposals.

Unsolicited Mode

The IA/LGU may accept unsolicited proposals from project proponent to undertake infrastructure or development projects on a negotiated basis provided that all of the following conditions are met:

  1. Project involves new concept or technology and/or is not part of the list of priority projects;
  2. No direct government guarantee, subsidy or equity is required; and
  3. The IA/LGU has invited by publication, for three (3) consecutive weeks, in a newspaper of general circulation, comparative or competitive proposals.

The original proponent has the right to match the better price proposal submitted by a comparative proponent.