I. Definition

1.1. For the purpose of these Guidelines, the following terms shall have the corresponding meanings:

a. Feasibility Study - Refers to the full analysis and evaluation of a project based on the pre-feasibility study with extensive analysis of the technical, financial, economic, social and institutional merits of the project, and more definite estimates of financial returns and economic impact and project implementation.

b. Implementing Agency (IA) - Refers to any department, bureau, office, commission, authority or agency of the national government, including Government-Owned and/or - Controlled Corporations (GOCCs), Government Financial Institutions (GFIs) and State Universities and Colleges (SUCs), authorized by law or their respective charters to contract for and undertake infrastructure or development projects.

c. Indefinite Delivery Contract (IDC) - Refers to the contracts with the pre-qualified firms or consortia thereof which have been retained to be in a pool of consultants for a period of three (3) years to provide transaction advisory services for the development of well-structured bankable PPP projects, when selected in accordance with these Guidelines.

d. Indefinite Delivery Contract Assignment (IDCA) or Assignment Contract - Refers to the consulting assignment wherein pre-qualified firms/consortia would be invited to develop a specific, well-structured bankable PPP project, the selection of which will be made on a competitive basis, using Fixed Budget Selection (FBS) method based on the evaluation of a Bio-data Technical Proposal on the basis of a specific TOR.

e. Local Government Unit (LGU) - Refers to provincial, city, municipal and/or barangay government entities.

f. Pre-Feasibility Study - Refers to a preliminary assessment of likely project viability, including basic project analysis with orders of magnitude for financial and economic analysis, and which ensures a solid basis for undertaking a feasibility study.

g. Project Development and Monitoring Facility (PDMF) - Refers to the revolving fund with initial funding from the Government of the Philippines and the Government of Australia through the Asian Development Bank (ADB) and made available for the preparation of pre-investment studies, project documentations, guidance and assistance in the tendering process of PPP projects of Implementing Agencies/LGUs in accordance with these Guidelines.

h. Project Proponent - Refers to the private sector entity or individual which shall have contractual responsibility to undertake the PPP Project as indicated in the Project Contract.

i. Project Study Committee - Refers to the committee to be created through the issuance of an Office Order by the PPP Center responsible for preparing the terms of reference (TOR) for IDCA, reviewing the reports and deliverables of the consultants/transaction advisors, and recommending to the PPP Center the payment of the corresponding consulting fees.

j. Public - Private Partnership (PPP) Projects -Refers to projects pursued under any of the PPP schemes allowed under the BOT Law and its IRR.

k. Special Bids and Awards Committee - Refers to a committee created through the issuance of an Office Order by the PPP Center responsible for the selection of the Transaction Advisor/Consultant for IDCA.

l. Technical Assistance Agreement (TAA) - Refers to the agreement entered into by and between the PPP Center and the IA/ LGU for the availment of the PDMF.

m. Transaction Advisor - Refers to the entity chosen through a competitive process from the pool of pre-qualified entities that shall provide transaction advisory services for the development of PPP projects.

n. Unsolicited Projects - Refer to project proposals submitted by the private sector, not in response to a formal solicitation or request issued by the IA/LGU, to undertake Infrastructure or Development Projects which may be entered into by IA/LGU subject to the requirements/conditions prescribed under the Republic Act 7718 and its IRR.