Thursday, October 5, 2017

Swiss challenge proposed in modified petroleum contracting policy



Published By Myrna M. Velasco

A “Swiss challenge” or third party matching of tenders is being proposed on the modified contracting round that the Department of Energy (DOE) is enforcing for the upstream segment of the petroleum industry via the Philippine Conventional Energy Contracting Program (PCECP).
Given this propounded system of service contract awarding, former Philippine National Oil Company (PNOC) President Eduardo V. Manalac who joined a panel discussion on the future of the gas sector along with some energy officials, has noted that “the government must consider at least a Swiss challenge so it will have a gauge if it is getting the best offer.”
The precursor Philippine Energy Contracting Round (PECR), which was conceptualized during Manalac’s term at the state-run firm, had been notably anchored on goals of cornering the “best offer” for any of the petroleum blocks being awarded to private sector for exploration and prospective commercial development.
Swiss challenge is a process wherein the government or any authorized public authority receiving an unsolicited bid or offer, shall be inviting third parties to match or even exceed the submitted tender.
Lawyer Rino D. Abad, director of the DOE’s Oil Industry Management Bureau, has asserted that they will consider such proposal, chiefly in the crafting of the “application guidelines” of the newly designed petroleum contracting round.
As explained by DOE Undersecretary Felix William Fuentebella, the PCECP “will implement an expeditious all-year-round awarding process which will adopt a nomination-based contracting or licensing scheme with milestone work commitments.”
As to the timeline on when the Philippine petroleum blocks will finally be opened for business, the energy department is also “uncertain” at this stage as it has two major issues yet to resolve on this sphere – the lifting of moratorium on the drilling and exploration within the so-called “conflict areas” in the West Philippine Sea; as well as the tax issue relating to the Malampaya case.
The same modified contracting strategy, according to Fuentebella, shall be upheld in the indigenous coal sector.
“Similar to the oil and gas sector, the PCECP for coal will also be conducted as soon as the Department Circular for the awarding of coal contracts will be issued,” the energy official said.
For petroleum, he noted that the country has 16 sedimentary basins straddling a total area of 709,000 square kilometers and with potential to yield 4,777 million barrels of fuel oil equivalent.

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