Philippine Energy Policy Wiki

DC2022-06-0027

Status
superseded
Confidence
high
Effective date
2022-06-20

Full title: Providing the Guidelines for the Accreditation of Third-Party Auctioneer (TPA) for the Conduct of the Competitive Selection Process

Issued: June 20, 2022 | By: Secretary Raphael P.M. Lotilla

Implements DC2021-09-0030 §6.3 (which amended DC2018-02-0003, the original mandatory CSP circular).

Key Provisions

  • TPA purpose: Alternative to TPBAC when a DU has no qualified members to compose a Third-Party Bids and Awards Committee [DC2022-06-0027, §1, 2022-06-20]
  • Categories: Individual (natural person) or Corporate (private corporation); Absolute (no COI) or Conditional (disclosed COI — barred from conflicted CSPs) [DC2022-06-0027, §2, 2022-06-20]
  • Pool size: DU selects TPA of 3 or 5 members from DOE-accredited pool listed on CSP E-based Portal [DC2022-06-0027, §2.2, 2022-06-20]
  • Validity: 5 years, renewable; first 5 years requires public bidding experience; re-accreditation requires CSP experience [DC2022-06-0027, §4, 2022-06-20]
  • Independence: Not related within 5th degree of consanguinity/affinity to DU directors/officers; no affiliation with power suppliers [DC2022-06-0027, §§3.1–3.2, 2022-06-20]
  • DU duties: Notify DOE during TOR review; execute Engagement Contract (copy to ERC, furnish DOE); designate TWG + Secretariat via Board Resolution; appoint consumer representative as special observer (non-voting) [DC2022-06-0027, §8, 2022-06-20]
  • Remuneration: Agreed between DU and TPA; DU must minimize cost pass-through to consumers [DC2022-06-0027, §7, 2022-06-20]
  • Revocation: Non-compliance, Engagement Contract violation, gross negligence (after ERC determination), or criminal/civil/administrative conviction for moral turpitude [DC2022-06-0027, §6, 2022-06-20]
  • ERC: Must issue accreditation procedures within 120 days of effectivity [DC2022-06-0027, §9, 2022-06-20]

Pages Created/Updated

Full text: Cleaned copy