Requested from PCC by I. Canua at 12:13 AM on
Jul 20, 2020.
Purpose: Analyses, research, inquiries, clarifications
Date of Coverage: 06/08/2020 - 07/20/2020
Tracking no: #PCCom-584328594352
Canua 12:13 AM, Jul 20, 2020
Good day,
Last July 8, 2020, The Manila International Airport Authority has revoked the original proponent status for the group of conglomerates seeking to upgrade the Ninoy Aquino International Airport.
The effectivity date of the guidelines for the solicited and unsolicited proposal happens last July 11, 2020.
PCC MEMORANDUM CIRCULAR NO. 20-002
Section 7. Unsuccessful negotiation or modifications. In case of an unsuccessful negotiation or substitution of any of the members of an OP or if the USP is bid out as a solicited proposal or the Agency accepts a new USP,
Canua 12:18 AM, Jul 20, 2020
the Agency must apply for a new Certificate of Project
Exemptiono observing the relevant PCC issuances.
I have some questions / clarifications :
1. In the case of unsuccessful negotiation of NAIA Consortium and MIAA / DOTr, should the MIAA / DOTr apply for a new Certificate of Project
Exemptiono even it was happened before the effectivity date of the guidelines of unsolicited proposal?
2. Is there a deadline for an agency to apply for a new certificate of project exemptiono after the unsuccessful negotiation? If yes, how many calendar days?
Thank you and keep safe.
Officer 10:10 AM, Jul 20, 2020
July 20, 2020
Dear Ishmael Sam,
Thank you for your request dated Jul 20, 2020 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Gov't revokes NAIA consortium's original proponent status.
We received your request on Jul 20, 2020 and will respond on or before Aug 08, 2020 12:13:00 AM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHwsSB0NvbnRlbnQiElBDQ29tLTU4NDMyODU5NDM1Mgw, for request with ticket number #PCCom-584328594352.
Thank you.
Respectfully,
FOI Receiving Officer
FOI Officer
Decision Maker 03:34 PM, Aug 07, 2020
7 August 2020
Mr. Ishmael Sam Canua
Blk 11 Unit 14 18-C Rowhouse Pilot Area,
Commonwealth, Quezon City
Dear Mr. Canua,
This has reference to your request dated 20 July 2020, denominated as a Freedom of Information (“FOI”) Request under Executive Order (E.O.) No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your request
In your request, you asked for specific questions, herein reproduced as written in your email, regarding the revocation of the NAIA Consortium’s original proponent status, under the purposes of: Analyses, research, inquiries, clarifications.
Response to your request
1. In the case of unsuccessful negotiation of NAIA Consortium and MIAA / DOTr, should the MIAA / DOTr apply for a new Certificate of Project Exemption even it was happened before the effectivity date of the guidelines of unsolicited proposal?
Your request for information is APPROVED.
An agency may still submit an application for Project Exemption observing PCC
Memorandum Circular 20-002, even if the previous negotiation occurred prior to the effectivity of the Memorandum Circular.
2. Is there a deadline for an agency to apply for a new certificate of project exemption after the unsuccessful negotiation? If yes, how many calendar days?
You request for information is APPROVED.
Under PCC Memorandum Circular 20-002, an application for a project exemption may be filed any time before a Certificate of successful negotiation or Conferment of original proponent status (for the new original proponent) is issued. A government agency can no longer file an application for exemption once the certificate or conferment is issued.
For further assistance you may review the FAQ section of the eFOI
site: https://www.foi.gov.ph/help.
Thank you.
Respectfully,
Faye Condez-de Sagon
FOI Decision Maker
Attachments:
FOI Reply (FOI 2020-07-20-002).pdf
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