This step involves the preparation of all bid documents including the terms of reference (TOR) and contract. This step is crucial in that it is the perfect time to ensure that the TOR and contract-the most important documents in the development and implementation of any PPP project-will adequately cover relevant elements such as performance standards, monitoring and evaluation, and pre-termination. The organization should be able to customize its bidding documents based on the features of the proposed PPP.
Some organizations will require the advice and counsel of PPP, procurement, and health management specialists and lawyers. The local governments mentioned in this guidebook benefited greatly from the guidance and inputs of advisors who were part of an ADB technical assistance package that was designed to support the Philippine government in the development of different PPP in health projects.
In addition to the aforementioned reference materials, the organization should have a bids and awards committee (BAC). In the Philippines, a BAC was created under Republic Act (RA) 9184 with an adequately staffed secretariat performing the functions enumerated in the same RA. To support the BAC and its secretariat during relevant procurement activities such as the pre-procurement conference, pre-bid conference, and bid evaluation, the end-user representatives are expected to form part of the team of resource and technical persons. If the organization is not equipped with the skills necessary to prepare the bid documents and other materials required for procurement, technical advisors could assist the team to facilitate the process.
In the Philippines, the following materials will be very useful during this step:
(i) Handbook on Philippine Government Procurement
(ii) Procurement manuals for the local government units
(iii) Revised Implementing Rules and Regulations (IRR) of RA 9184
(iv) Commission on Audit's Guide in the Audit of Procurement
(v) National Economic and Development Authority Guidelines and Procedures for Entering into Joint Venture Agreements between Government and Private Entities
(vi) ADB's Procurement Guidelines
(vii) ADB's Public-Private Partnership Handbook
Step 5 also requires a review of laws and regulations (local and national) governing PPPs, health, health insurance, and auditing. The following are some of the policies and laws that must be reviewed:
(i) Streamlining of Licensure and Accreditation of Hospitals (Department of Health Administrative Order 2011-0020)
(ii) Hospital Licensure Act (RA 4226)
(iii) Philippine Medical Act (RA 2382)
(iv) An Act Prohibiting the Detention of Patients in Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical Expenses (RA 9439)
(v) An Act Prescribing Forty Hours a Week of Labor for Government and Private Hospitals or Clinic Personnel (RA 5901)
(vi) PhilHealth [Philippine Health Insurance Corporation] Law or 7875 (amended by RA 9241)
(vii) Pharmacy Act (RA 5921)
(viii) Magna Carta of Public Health Workers (RA 7305)
(ix) Rural Health Unit Act (RA 1082)
(x) BOT [Build-Operate-Transfer] Law or RA 7718
(xi) Procurement Law of RA 9184
(xii) Local Government Code or RA 7160
While the documents and laws listed here are relevant to PPPs in the Philippines, readers from other countries may easily contextualize these references based on their own policy environment.