Consolidated PDMF Forms - Revised - 8292023
Consolidated PDMF Forms - Revised - 8292023
1. Name
UPPER BANAOANG IRRIGATION PROJECT
2. Brief Description
The Upper Banaoang Irrigation Project (the “Project”) involves the development of
the Malapaao River for an impounding dam for irrigation, fish culture, hydropower,
and other purposes. It is envisioned to cover the financing and construction of
multi-purpose facility with the following components:1
• Main dam
• Diversion conduit during construction
• Spillway
• Diversion tunnel
• Hydropower component2
• Irrigation and drainage networks
The project area is located in Northern Luzon, covering part of the provinces of
Ilocos Sur and Abra.3 The project area is composed of agricultural lands
predominantly planted to rice and corn with other minor crops like tobacco, garlic,
onion and vegetables of various types mostly planted during the dry season. 4
Further, it is also intended to irrigate farm areas that could not be served by the
existing Banaoang Pump Irrigation System (BPIS) in Vigan City in the case of
shutdown of the existing BPIS.
1
FS Sec. 7.2
2
municipalities of Sto. Domingo, San Ildefonso, San Vicente and Magsingal
3
FS Sec.4.1.1
4
FS Sec. 1.4
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Existing (currently served by 2,130
BPIS) Has
New 2, 870
Has
3. Project Background
A feasibility study was conducted for the Banaoang Irrigation Project by the
National Irrigation Administration (NIA), prepared by its Project Development
Department (PDD) in 1998. It is envisioned to provide year-round irrigation water
to supply about 6,000 ha. with rice as the main crop, covering the municipalities of
Bantay, Magsingal, San Ildefonso, San Vicente, Sto Domingo, and Vigan.
However, this Banaoang Pump Irrigation System (BPIS) was not able to fully
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irrigate its design service area of 6,000 ha. At present, only 800 has. is being
served by this system. Reported by NIA Officials and verified during field
investigations, there are portions of the main canal with elevation lower than the
proposed service area. Hence, irrigation water cannot flow by gravity and would
require another pumping, which is not economically feasible for the farmers. In
addition, this system requires a high operational cost due to electric power
requirements for operation.
Ongoing approval of FS
1. Sector
2. Sectoral Context
Various schemes were considered during the VE/VA phase of the Feasibility
Study of the project (dated September 2022)5:
After careful evaluation of the proposed schemes, VE/VA Study shows that
Option 3 – Malapaao SRIP is the most recommendable development option for
the Project. The Malapaao River Multipurpose Irrigation Project will cover the
potential irrigable area of an estimated 5,000 has inclusive of the service area of
Banaoang Pumping Irrigation System which has not been served due to elevation
differences in the main canal. This option includes an earth dam and reservoir to
be constructed across Malapaao River at Langiden, Abra from where a 7.6 km.
tunnel will convey irrigation water from the reservoir to the service area. The
outlet of the tunnel will be situated in Sto. Domingo, Ilocos Sur. This option has a
potential of a power generation component as well. The project area has a total
population of 76,513 with some 22,984 families. About 70% of the households are
Farmers (average of four per family member).
5
Adoption of the NIA-Standard Terms of Reference (TOR) for the Conduct and Undertaking of
Detailed Engineering Studies /Design (DES/DED) of Storage/Reservoir Type Irrigation Projects to be
Procured Through Outsourcing Scheme.
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3. National Context*
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Project Development
Milestone Period
August -September
Preparation of Bidding Documents
2024
*May also indicate other important milestones and/or activities the Agency has or is committed to accomplish.
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1. Major Outputs
The project is being proposed for PDMF fund support to ascertain its viability for
PPP implementation. Generally, the scope of work shall cover the following:
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2. Experts Required, Qualification, and Tasks
Suggested format:
Expert 1: Qualification:
Tasks
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of development; based on the approved topographic map
D. Conduct site inspection/field investigation/validation to determine
the extent of topographic mapping, profiling and cross-sectioning
necessary for feasibility design. Classify the type of terrain,
meandering of the river, and waterways incorporated in the map;
E. Evaluate the proposed dam axis and alignments of appurtenant
structures for foundation. Together with the Geologist and
counterparts (NIA-Central Office and Field Office) must be present
during validation of results of the Subsurface Geological and
Geotechnical Investigation;
F. Perform hydraulic analysis (e.g., flood routing, afflux analysis)
depending on the scheme to be implemented based on the output
of the Hydrologist. This also involves sizing of diversion conduit,
spillway, sluice gate/s, ogee weir, pump and other related
structures;
G. Provide a risk assessment that would determine whether the dam
option is a referable dam, if there is a danger of the dam failing
(dam-break analysis), and which action is necessary to prevent or
minimize the impact.
H. Perform seepage analysis for filter drain sizing and conduct slope
stability analysis under different conditions;
I. Prepare cost comparison for the different schemes under
consideration and use this as input in the determination of the
appropriate project development;
J. Prepare necessary data needed by the electro-mechanical experts
for carrying out feasibility design of mechanical and electrical works
such as spillway and conduit design; transfer to electro-mechanical
K. Prepare necessary quantity and cost estimate needed by the
Economist to carry out an economic and financial analysis, which
may include options for hydropower development
L. Prepare the feasibility grade designs & plans of dam,
hydraulic/design computations and of appurtenant
structures/facilities.
M. Provide editable and traceable electronic copies of plans, layouts,
and other drawing, preferably in CAD file (.dwg), spreadsheet (.xls)
and pdf file of items enumerated in Item o of this sub-paragraph.
N. Review the hydraulics and structural aspects for the power
components and appurtenant structures; and
O. The expected output data for engineering include but are not limited
to the following:
a. Scheme of Development
b. General Layout (overall scheme)
c. Dam Layout
d. Plan, profile & cross section of Spillway (storage scheme)
e. Plan, profile & cross section of Conduit (storage scheme)
f. Flood routing of spillway & conduit
g. Flood inflow & outflow hydrograph
h. Stability Analysis
i. Dam Break Analysis
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j. Pump capacity (for pump scheme)
k. Area elevation capacity curve
P. Work with other specialists in the team in preparing specifications of
all civil works to be included in the Minimum Performance
Standards and Specifications (MPSS) and Key Performance
Indicators(KPIs).
Expert 2: Qualification:
Tasks
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day rainfall derived from daily rainfall of at least 30 years data
series, soil type parameters, agronomic data and other pertained to
analysis at various cropping calendar to determine the least
irrigation diversion requirement applying water balance analysis.
Also, estimate the irrigation diversion requirement using zero rainfall
for extreme events. Include the climate change scenario using
PAGASA criteria for ready reference;
G. Perform Water Inventory Survey / Report. In case there are several
water users/water permit grantees or irrigation systems drawing
water from the same source and basin, present the list of water
users and perform systems / basin water balance;
H. Perform hydrologic analysis for various schemes/alternative sites,
taking into account also a case where hydropower generation is
included.
I. In case of reservoir type of dam, perform the detailed reservoir
operation studies following the parameters set by NIA using decadal
(ten-day) simulation derived from daily data of at least 30 years
streamflow data at multiple water levels using single crops or multi-
crops (diversified crops as recommended by the Agronomist and
the Soil Technologist) as an input for a wider range of economic
evaluation, financial evaluation, etc.;
J. Estimate proposed irrigable areas per dam site based on
available/dependable water supply;
K. Gather water samples on several floodways, proposed dam sites,
and groundwater wells for water quality testing and mapping of
polluted/sea water-intruded areas;
L. Carry-out sediment transport analysis for several floodways and
each dam site for the determination of sediment-discharge
relationship and adjustment of sediment rate suited for current
conditions of the watershed. In case there is no sedimentation study
in the area, the empirical values may be used but should be
adjusted based on the current condition of watershed;
M. Conduct flood studies for different return periods. In estimating the
unit hydrograph, empirical methods can be considered. However,
preference is given to the use of actual peak discharge data from
different flood events in the water source or nearby rivers rather
than the empirical dimensionless unit hydrograph method. In case
models will be used, provide at least 3 models for comparison and
provide parameters used and period of record.
N. Compute the design flood hydrographs for the following return
periods: 2, 5, 10, 15, 20, 25, 50, 100, 200, 500, 1000, 10000,
including the Probable Maximum Flood (PMF);
O. Include the latest climate change scenarios in the hydrological
analysis for flood studies using climate change scenario projections
set by PAGASA; and
P. Undertake other tasks/activities assigned/delegated by the Team
Leader as may be required during the conduct of the Study.
Expert 3: Qualification:
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Geologist The Geologist must have at least a
Bachelor’s degree (preferably a Master’s
degree) in Geology or equivalent, with at
least seven (7) years of professional
experience and at least four (4) projects in
the geological investigation of multipurpose
irrigation project with high dams,
hydropower, and/or water supply.
Tasks
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F. Conduct subsurface geological investigation by core drilling along
the dam, spillway and conduit alignments and test pitting in canals,
including the necessary field tests as stipulated in the TOR for
Subsurface Geologic and Geotechnical Investigation MC No.85, s.
2019, or as amended. Any deviation from the TOR arising from
circumstances encountered in the course of the investigation should
be discussed with the NIA geologist prior to implementation. The
factual report shall be submitted for review and acceptance by the
NIA geologists.
G. Provide literature-substantiated interpretation of data:
a. Standard Penetration Test (SPT) results to compute for
allowable bearing capacity for structures not requiring
bedrock foundation;
b. Water pressure test results to compute for Lugeon and
coefficient of permeability values and conduct seepage
analysis along the dam axis;
c. Laboratory test results to determine the strength parameters
of the drill cores as foundation materials.
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pits.
b. Geological cross-sections of the dam, spillway, and conduit
axes showing lithology and lithologic contacts, discontinuities
and assumed level of firm foundation (limit of excavation),
and tunnel alignment when applicable, showing the degree of
weathering, hardness and discontinuities numbers as
described MC No.85, s. 2019, or as amended.
Note:
Expert 4: Qualification:
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Tasks
A. Review of relevant maps and survey data for FS Level including all
survey data done by conventional/ground/terrestrial survey method,
topographic maps and NAMRIA Control Points (PRS-92 and MSL).
All data must specify and secure certification from data source;
In case that the existing available Topographic Maps covering the
project are more than five (5) years old, Re-Survey is required in
order to have accurate and precise data considering climate change
adaptation in the Philippines. However, the Implementing Office
may opt to lower the said limit for areas affected by catastrophic
events. Furthermore, topographic maps less than or within the
prescribed limits, shall be subject to survey map test validation for
both the control and the terrain of the said map.
All data extracted from Satellite Images, Aerial Data, IFSAR Data,
LIDAR Data, NAMRIA Maps, and Vector Maps are part of
Initial/Pre-FS Level only, thus must specify the source & procuring
party and shall secure a clearance certificate unless otherwise
stated by the law;
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the newly established NIA GCP;
F. Responsible for the supervision, evaluation, extension of necessary
recommendations,
G. Conduct surveying and mapping works, if so required, in order to
have updated, realistic topographic maps and ground terrain
surface model;
H. Prepare, collate and review End Products (e.g. topographic maps,
survey data & computation, instrument & NAMRIA Reference
Control Point certification, and so on) referred to the paragraphs A.)
to E.) of the present Terms of Reference (TOR) of this section; and
I. Undertake other tasks/activities assigned/delegated by the Team
Leader as may be required during the conduct of the study.
J. Work with other specialists in the team in preparing specifications of
all civil works to be included in the MPSS and KPIs.
Note:
Expert 5: Qualification:
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Cost Engineer Bachelor’s degree (preferably a Master’s
degree) in Civil Engineering or equivalent,
with at least four (4) years of professional
experience and at least four (4) projects in
the preparation of quantity and cost
estimates of civil works in large scale
irrigation projects.
Tasks
Note: The detailed Cost Estimates for the Project are needed to ensure
minimum variation with the Detailed Engineering cost estimates. Other
projections including cost escalation if a delay of 2, 3, or 4 years occurs
before project implementation must also be presented.
Expert 6: Qualification:
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Irrigation and Drainage have at least a bachelor’s degree
Engineer (preferably a Master’s degree) in Civil
Engineering or equivalent, with at least
seven (7) years of professional experience
and at least four (4) projects in the planning
and design of large-scale multipurpose
irrigation systems.
Tasks
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N. Identify the cost for annual operation and maintenance of irrigation
and drainage facilities;
O. Recommend and adopt innovations/other available alternatives or
technology into the design of canal and drainage system
improvement that will improve farming operation throughout the
service area (e.g., consider the possible use of coconut coir with
vetiver grass for slopes and canals instead of concrete); and
P. The expected output includes the following, viz.:
a. Irrigation and Drainage discussion, including computations
for canal elements both for irrigation and drainage systems,
computations for design paddy field drainage and design
rainfall;
b. General Layouts showing the proposed service area, existing
service area (if any), irrigation canal network and drainage
canal network;
c. Schematic diagrams for the irrigation and drainage systems;
d. Plan and profile of canals for irrigation and drainage,
including canal elements and associated control structures
and measurement facilities as well as other required
supporting infrastructure;
e. Layout of typical canal section plans;
f. Layout of on-farm level facilities of the proposed/existing
service area;
g. Tabulated List of canal structures along the irrigation and
drainage canals;
h. Standard plans of canal structures (for the basis of quantity
and cost estimates)
i. Quantity and cost estimates of irrigation and drainage
facilities in latest price level; and
j. Cost of annual operation and maintenance of irrigation and
drainage facilities (including those of alternatives).
Q. Work with other specialists in the team in preparing specifications of
all civil works to be included in the MPSS and KPIs.
Expert 7: Qualification:
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Soil and Land The Soil and Land Classification Specialist
Classification Specialist must have at least a Bachelor’s degree
(preferably a Master’s degree) in
Agriculture General or with a major in Soil
Science or equivalent, with at least seven
(7) years of professional experience and at
least four (4) projects in the field of land
resource planning and conduct of soil and
land classification activities in conjunction
with feasibility studies of irrigation projects.
Tasks
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cation exchange capacity);
K. Composite soil samples from three adjacent soil auger boreholes
(surface and plow depth soil only) must be collected and submitted
to the accredited soil testing laboratory for subjecting chemical
analysis (pH, organic matter, available nitrogen, available
phosphorus, available potassium, and cation exchange capacity)
necessary for fertilizer recommendation of different crops;
L. Soil survey must follow the standard procedures and specifications
for soil profile survey and detailed process of soil profile survey and
soil sampling as approved and accepted procedure by the Bureau
of Soil and Water Management;
M. For determination and naming of major soil series and soil mapping
units used the soil survey and mapping standards book published
by the Bureau of Soils and Water Management;
N. Used the method for land classification in accordance with the
United States Bureau of Reclamation Standards except for some
minor modification incorporated to suit the local project condition;
O. The Geographic Information System (GIS) shall be used to improve
the quality of the measurements;
P. Coordinate with the project proponent such as NIA-Regional Office,
Irrigation Management Offices, Satellite Offices, Local Government
Units, and other concerned offices for the acquisition of pertinent
information about the proposed project especially in the service
area.
Q. Undertake land use, soil and land class correlation to determine the
soil series, mapping units, and land classes based on physical and
chemical characteristics, topography, drainage, parent materials,
etc. and design appropriate units for the reports.
R. Preparation of land resources report which shall include but not
limited to the following information, data, and maps:
a. soil classification & soil mapping unit;
b. soil physical & chemical properties;
c. land classification & description of land classes;
d. present land use;
e. hectarage summary of soil series,
f. hectarage summary of major land classes,
g. hectarage summary of present land use;
h. soil map;
i. land classification map;
j. present land use map;
k. slope map;
l. location map of master pit and borehole samples.
S. Provide NIA an electronic copy of maps such as shapefiles, kml or
kmz files (google earth files), layouts, maps, etc. for validation and
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other supporting data pertaining to the delineation of service area to
facilitate the review process. The data must be provided on or
before the submission of draft feasibility report;
T. Provide NIA the authenticated copy of the soil laboratory analysis
(physical and chemical) for validation to ease the review procedure;
U. Collaborate with the hydrologist, geodetic engineer, irrigation &
drainage engineer and other experts (as needed) to determine the
extent of potential irrigable area.
Expert 8: Qualification:
Tasks
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store, etc.;
E. Coordinate with the project proponent (NIA- Region, IMO, Satellite
Office etc.) for the acquisition of relevant information about the
project. In case that an existing irrigation system will be covered by
the proposed project, key information/data to be gathered must
include but not limited to the following and must be signed by the
concerned head of office: Operations and Maintenance Report/
Seasonal Report for the last five (5) years of operation, Irrigators
Association Profile, Seasonal Cropped Area, Cropping
Pattern/Irrigation Scheduling, etc.;
F. Coordinate with the concerned agencies/offices (LGUs-MAO,
MPDO, DA, etc.) for the acquisition of relevant information. Key
information/data to be gathered must include but not limited to the
following: city/ municipal agricultural profile, comprehensive land
use plan, etc.;
G. Consolidate gathered information and prepare the present
agricultural situation report. The report must include but not limited
to the following information/data: cropped area and cropping
intensity, yield and production, inputs utilization, labor availability
and utilization, existing agricultural support services, etc.;
H. Identify major constraints faced by the farming communities in the
service area, which affects agricultural productivity and prepare an
agricultural development plan for the project to address these
issues. The plan must include but not limited to crop selection,
proposed cropping calendar/pattern, recommendation on crop
management practices, yield forecast, estimates on available labor,
strengthening support services, etc.;
I. Collaborate with the soil technologist, hydrologist and other experts
(as needed) to determine crops that are suitable to be planted in the
area. Selection must be based on the following: environmental and
agro-climatic condition, soil physio-chemical characteristics, water
availability, varietal adaptability, marketability/profitability, available
technology etc.;
J. Recommend a sustainable management practice for the proposed
crop/s. Introduce various techniques for land preparation, crop
establishment, nutrient, pest and water management, harvesting
and postharvest operation. Practices/techniques must be a result of
experiments/studies from agricultural agencies and institutions
considering appropriateness (suitability) of the technology and
social acceptability in the project area;
K. Forecast the yield and production based on the availability of high
yielding varieties that are deemed suitable/adaptable in the area
based on studies, and the soil productive capacity (productivity
index). Recommended crop management practices, availability of
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improved technologies, sufficiency of agricultural inputs etc. should
also be taken as a consideration;
L. Estimate the labor available for agriculture using statistical data
acquired from authorized agencies (PSA, DA-BAS etc.). Prepare a
monthly labor distribution in order to ensure that there will be no
delay/s of activities embodied in the designed cropping calendar;
M. Review and evaluate the adequacy and effectiveness of existing
agro-institutional and agricultural support services within the project
area and recommend programs for the required agricultural
development to support the successful operation of the proposed
project;
N. Prepare the agronomy report and present the derivation of the
following data/information in present/without and future/with project
conditions (wet/1st and dry/2nd cropping season): cropped area and
cropping intensity, yield and production, cropping pattern,
agricultural inputs utilization, labor availability, monthly labor
utilization and balance, farmers’ distribution based on landholding
status and farm size and inventory of support services; and
O. Provide NIA an electronic copy (Excel format) of the consolidated
raw data (survey results) for validation and other supporting data
(O&M, agricultural profile etc.) to facilitate the review process. The
data must be provided after the conduct of the survey before the
submission of the interim report.
Expert 9: Qualification:
Tasks
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agricultural data from concerned Government agencies and private
entities;
C. Use input from various specialists on the team to develop detailed
feasibility level cost and benefit estimates;
D. Present the derivation of the following (in the “without” and “with”
project conditions), including a case with hydropower generation:
a. Price structure;
b. Physical inputs;
c. Cost of production;
d. Economic cost of farm labor;
e. Net value of production;
f. Economic analysis of net value of production;
g. Crop budgets;
h. Farm budget (impact estimates on farm incomes of average
farm size);
i. Project cost (investment, O&M, replacement, etc.);
j. Benefits (irrigation, power, fishery, savings in transportation
cost thru intrasite/access roads, flood control, etc.);
k. Financial Internal Rate of Return (IRR), Economic IRR,
Economic Net Present Value (NPV), Financial NPV, and
Economic and Financial Benefit/Cost (B/C) ratio;
l. Sensitivity analysis; and
E. Preliminary business plan / operations analyses for the hydropower
component, if any.
F. Estimate total Investment and Life-Cycle economic costs in
coordination with the Cost Engineer;
G. In accordance with NEDA-ICC Project Evaluation Guidelines and
Procedures and Project Development and Evaluation Manual (Vols.
1 & 2), estimate economic viability indicators for the irrigation only
case, as distinct from analyses taking into account secondary
benefits;
H. Furnish NIA Field and Central Offices editable e-copies of tabulated
summary of Survey Returns (preferably in MS Excel/Spreadsheet
format);
I. Furnish NIA Field and Central Offices editable e-copies of the
Economic and Financial Analysis, and all sub-components and
related analyses thereof (preferably in MS Excel/Spreadsheet
format).
Expert 10: Qualification:
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at least seven (7) years of professional
experience and at least four (4) projects in
conducting environmental and social
screening/assessment of water resources
projects and will be familiar with
Environmental Management Bureau (EMB)
environmental guidelines.
Tasks
Tasks
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A. Coordinate/validate with the National Commission on Indigenous
People (NCIP) on the presence of IPs/Ancestral Domains;
B. Establish baseline information of socio-economic condition of the
community, including Indigenous People (if there is any), within the
project area including but not limited to demography, health status,
education, livelihood activities, existing development
plans/programs;
C. Conduct social surveys (KII/SES/HS/FGD, etc.) and public
consultations to the community/people affected by the project;
D. Present initial information on the affected people/household, land,
crops and other improvements, valuation of properties,
compensation packages, etc. for the formulation of Land Acquisition
and Resettlement Framework (LARF); and
E. Identify impacts to the people and proposed mitigating measures
F. Prepare plan on Schistosomiasis management plan (on areas with
schistosomiasis issues), and;
G. Include Gender considerations in the discussion:
a. Collect sex-disaggregated data of users of the project.
b. Conduct gender assessment and analysis of needs of
women and men, as well as gender differential impact of the
Project.
c. Review gender risks and develop mitigation measures.
d. Draft a gender mainstreaming framework for the Project
based on Philippine gender laws.
e. Prepare poverty reduction and social strategy frameworks
(e.g. resettlement plans) with recommendations for
involuntary resettlement, and gender safeguards in
accordance with the requirements in the Philippines
Tasks
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A. Delineate watershed of the proposed project;
B. Conduct watershed characterization/assessment including but not
limited to the physical, biological, socio-economic, land
classification, land cover, and other significant information;
C. Review/evaluate existing watershed management plans and
programs;
D. Identify vulnerability of the watershed and threats to irrigation
development;
E. Estimate erosion rate using acceptable/appropriate method and
current land uses;
F. Assess/evaluate the impacts of the project to the watershed
ecosystems;
G. Propose interventions to ensure stability and functions of the
watershed; and
H. Prepare a Watershed Management Framework (WMF) plan aligned
with the programs of other stakeholders;
Tasks
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E. Prepare any disaster risk management plan including a flood control
and early warning system with the Hydrologist;
F. Conduct water level analysis at normal and flood conditions from
the dam to the powerhouse using non-uniform flow computations
established methods such as USBR, HEC and similar
methodologies;
G. Design the required hydraulic turbine/pump, penstock, gate valves,
generator, and their control;
H. Conduct water hammer analysis attributed to the possible rapid
closure of the turbine valve or at occurrence of the “emergency
stop” condition in the unit panel;
I. Undertake other stress computations and analysis deemed
necessary for safe operation of the hydropower generation
component, which have not been specified elsewhere in this TOR;
J. Identify the location of the turbine/pump, transmission lines,
powerhouse, and other components;
K. Select the main hydropower characteristics such as installed
capacity, energy production, capacity factor, and so forth to produce
the appropriate power generation scheme for the project;
L. Develop preliminary layouts of hydropower component and
appurtenance;
M. Develop preliminary cost estimates based on major quantities and
cost items (e.g., turbine/pump, powerhouse, penstock, generator,
gate valves, transmission lines until reliable connection to the grid,
and distribution lines including ROW);
N. Identify potential social and environmental impacts, and proposed
solutions;
O. Highlight the main risks facing the project hydropower component,
and possible mitigation measures; and
P. Prepare the necessary data needed by the Economist and the other
experts to carry out indicative assessments of the hydropower
component from various aspects (e.g., economic viability, financial
viability, technical viability, environmental and social viability);
Q. Work with other specialists in the team in preparing specifications of
all civil works to be included in the MPSS and KPIs.
Expert 14: Qualification:
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equivalent institutions with at least four (4)
years (preferably 10 years) of professional
experience and at least four (4) projects in
the field of Value Engineering/Value
Analysis of water resource projects.
Tasks
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related discipline from a recognized university.
Must be registered with the relevant
professional body such as Institute of Certified
Public Accountants or related body. Must have
a current practicing license from an Institute of
Certified Public Accountants or related body.
Tasks:
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D. Conduct project risk analysis (valuation, allocation and mitigation of
risks) to determine, assess, allocate and manage risks (such as, but
not limited to project, commercial, financial, political, economic,
force majeure and legal risks) during all project stages.
E. Prepare a contingent liability model for the NIA that quantifies the
contingent liabilities of the Project, how they shall be managed, and
the funding requirements based on the risk analysis.
F. Assess various PPP modality (with due consideration to legal and
institutional impacts) and recommend a suitable modality or
arrangement for the project including required contractual
agreements and institutional structures (e.g., special purpose
vehicles) to effect such PPP arrangement.
G. Carry out value for money analysis.
Tasks:
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relationships in the sector or related to the sector and how those
relationships will interface with the Project.
D. Provide general advice, e.g., on taxation, property, planning,
environmental law, banking, competition law and intellectual
property.
E. Review and assess legal issues associated with the management of
the social, economic and environmental impacts of the Project.
F. Develop and provide detail to the legal architecture and design of
the transaction, identifying e.g., the (i) type of PPP contract to be
used (e.g., BT, BOT, BTO, etc.); (ii) investment commitments to be
required, their nature and management; (iii) investment plan, how,
where and when investments will be made; and (iv) type of public
sector support required, including terms and conditions, when
necessary.
G. Conduct of policy and institutional assessment to ascertain the
validity and viability of the proposed PPP structure for the project
taking into consideration requirements of the labor laws and other
related laws. The institutional assessment should include a
determination of the appropriate regulatory body tasked to monitor
MPSS and KPIs set out in the concession agreement.
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Tasks:
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List current studies/documents prepared for the project (e.g., masterplans, pre-feasibility study,
business case, feasibility study, technical study, Information Memorandum)
1. VEVA Report
2. Feasibility Study Report (FS) – this FS is intended for the implementation of
the integrated Ilocos Sur Transbasin Project and Upper Banaoang Irrigation
Project integrated. It shall cover technical and financial aspects of the
proposed irrigation project, including environmental study, vulnerability
assessment, preparation of sustainability plans, and analysis of alternative
financing schemes. The FS shall also ensure that value analysis/value
engineering (VA/VE) is undertaken for best possible options.
3. NIA Memorandum Circular (MC) Nos. 18 S. 20196 and 94 S. 20197 - While
these MCs are intended for the Conduct and Undertaking of Detailed
Engineering Studies /Design (DES/DED) of Storage/Reservoir Type Irrigation
Projects, they may also serve as an alternative guide for the experts’
qualification and tasks for proposed PPP projects of NIA.
6
Adoption of the NIA-Standard Terms of Reference (TOR) for the Conduct and Undertaking of
Detailed Engineering Studies /Design (DES/DED) of Storage/Reservoir Type Irrigation Projects to be
Procured Through Outsourcing Scheme.
7
Section 20, Article II of the 1987 Philippine Constitution
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Discuss the legality of the agency entering into a PPP arrangement with the private
sector. The section describes the agency’s mandate including relevant laws and policies
that support the same.
The basic legal foundation of Private Public Partnership (PPP) in the Philippines is
founded under the 1987 Philippine Constitution8 which provides that “The State
recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments”.
9
, as amended
In line with this
10 principle, the Congress enacted Republic Act No. 6957, as amended by”
by”RA 7718 . This broadened the list of PPP government implementing agencies
such as Government Owned and Controlled Corporations (GOCCs), Government
Financing Institutions (GFIs) and State Universities and Colleges (SUCs); putting in
place incentives for attracting private sector investments to venture into PPP
projects; and allowing negotiated unsolicited proposals provided that these comply
with conditions outlined in the law.
This law also provides the legal framework for the Build-Operate-Tran
Under PD 55211, NIA being a GOCC is mandated under its charter to construct
multiple-purpose water resources projects designed primarily for irrigation, and
secondarily for hydraulic power development and/or other uses such as flood control,
drainage, land reclamation, domestic water supply, roads and highway construction
and reforestation, among others, provided, that the plans, designs and the
construction thereof, shall be undertaken in coordination with the agencies
concerned.
The Agency adapted several PPP Policy Circulars 12 approved and issued by the
PPP Governing Board. NIA Memorandum Circular Nos. 18 S. 2019 and 94 S. 2019
will serve as a guide for experts qualification and tasks for proposed personnel to
undertake PPP projects of NIA.
To adapt to the fast-changing progress on the country’s development projects, the
provisions and the Implementing Rules and Regulations of RA 7718 have undergone
8
Further details are noted in the FS Sec. 7.4.
Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructur
9
An Act Amending Certain Sections of Republic Act No. 6957, entitled “An Act Authorizing the
Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector,
and for Other Purposes
10
MC No. 26 S. 2015
11
Section 2 (b), RA 7718
12
municipalities of Sto. Domingo, San Ildefonso, San Vicente and Magsingal
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several revisions. The latest revision was approved by the BOT Law IRR Committee
on September 15, 2022. The Revised 2022 IRR was published on September 27,
and took effect on October 12, 2022. The Revised 2022 IRR of the BOT Law sought
to address stakeholder concerns on the financial viability and bankability of PPP
projects, and concerns about potential delays due to extra steps, rigid processes, or
ambiguous provisions.
Being a GOCC engaged in irrigation and related facilities, Buil d operate and transfer (BOT)13
will be the preferred PPP modality of the Agency for the Project.
Under this contractual arrangement, the project proponent undertakes the construction, including financing o
13
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