Section 8Sec./Art. 8

PPP Pre-qualification, Bids and Awards Committee. - The Head of the Implementing Agency undertaking PPP Projects shall create a PPP Pre-qualification, Bids and Awards Committee (PBAC), which shall be responsible for all aspects of pre-bidding and bidding process in Solicited Proposals, or the comparative bidding process in Unsolicited Proposals: Provided, That the final draft PPP contract shall be reviewed and approved by the Head of the Implementing Agency, upon securing the clearance of the following:

(a) For National PPP Projects

(1) PPP Center, for compliance with the approved PTCs;

(2) Statutory Counsel, for compliance with applicable laws,rules, and regulations; and

(3) Department of Finance (DOF), for national Government Undertaking under the PPP contract.

(b) For Local PPP Projects

(1) Statutory Counsel, for compliance with the approved PTCs and all other applicable laws, rules, and regulations; and

(2) DOF, if there is a national Government Undertaking under the PPP contract.

If the executed PPP contract contains provision/s which are contrary with the approved PTCs and are grossly disadvantageous to the government, the contract shall be null and void, without prejudice to the provisions under Section 32 of this Code.