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How unsolicited PPP proposals and challenges work

Last checked 19 October 2026 · 8 official or direct sources

Yes. Republic Act 11966 permits unsolicited public-private partnership proposals, but acceptance is not an immediate contract award 1. The PPP Center checks completeness, the implementing agency evaluates and negotiates, the proper body approves, and a comparative challenge invites competing offers 2,3. The original proponent may match the best competing financial proposal 2. CAISS reached the comparative-challenge stage, with no challenger filing qualification documents 5. BI still says no final decision exists as of 24 September 2026 6.
Governing law
Republic Act 11966, the PPP Code 1
First central check
Completeness and proper approving body, handled by the PPP Center 2
Challenge period
At least 90 days and no more than one year 2
Original proponent right
30 days to match or better the best financial proposal 2
CAISS approving body
Department of Justice 4
CAISS approval date
2 December 2025 4
CAISS status
No final decision as of 24 September 2026 6

What an unsolicited proposal is

An unsolicited proposal starts with a private proponent, not with a government invitation to bid. The company submits a project concept and terms that it believes meet a government need. Republic Act 11966 recognizes this route for national and local PPP projects 1.

The route does not permit an agency to move straight from a private proposal to a signed contract. The PPP Code makes open, fair and competitive selection a central policy. It requires evaluation, approval and a comparative challenge before award 1,2.

The original proponent receives a defined advantage for bringing the proposal. After a superior competing financial offer, it has 30 calendar days to match or improve that offer. If no challenger appears, the implementing agency may award the project to the original proponent, subject to the remaining legal and contract steps 2.

Step 1: completeness and routing

The private proponent submits the proposal through the PPP Center. The Center has a completeness role and identifies the proper approving body. A complete proposal is sent to the implementing agency for detailed evaluation 2,3.

The PPP Center's current process guide says an unsolicited proposal must contain the technical, financial, economic, legal and risk information needed for evaluation. Completeness does not mean the project is approved or good value. It means the submission can move into detailed review 2.

For CAISS, PPP Center pipeline records and the BI memorandum say the proposal was submitted in May 2023. BI then conducted detailed evaluation and negotiations with Securiport, the original proponent 4.

Step 2: agency evaluation and negotiation

The implementing agency tests feasibility, value for money, affordability, risk allocation and the private proponent's qualifications. It can reject the proposal or negotiate terms. The PPP Code bars an unsolicited proposal from relying on listed government guarantees and subsidies that would shift defined private risks to the public 1,2.

A successful negotiation produces proposed project terms and a draft contract for the approving body. This is still not an award. The approving body may approve, require changes or reject the proposal under the thresholds and rules in the Code and its implementing rules 1,3.

BI's public memorandum says it completed detailed evaluation and negotiations before sending CAISS to the Department of Justice. DOJ approved the project on 2 December 2025 at a stated cost of ₱10,744,100,033.50 4.

Step 3: comparative challenge

After approval, the implementing agency publishes an invitation for comparative proposals. The PPP Center guide gives seven calendar days for the invitation and a further period for issuing challenge documents. The approved challenge period must run at least 90 days and no longer than one year 2.

Potential challengers must meet the published qualification, technical and financial requirements. CAISS used a three-envelope process for qualification documents, a technical proposal and a financial proposal. The instructions described evaluation, a notice to a winning challenger and the original proponent's right to match 7.

BI issued the CAISS invitation on 6 February 2026. The published project page later recorded several bid bulletins and timetable changes. On 18 May 2026, BI published a notice that no qualification documents had been submitted 4,5.

Step 4: right to match and award

If a challenger submits the best complying proposal, the original proponent gets 30 calendar days to match or improve its financial terms. A successful match leads to award to the original proponent. If it declines, the winning challenger can receive the award 2.

If no challenger participates, the PPP Center guide says the implementing agency shall award the project to the original proponent. That rule does not turn a project announcement into a signed contract. The proponent still must satisfy post-award requirements and execute the approved PPP agreement 2,7.

The absence of CAISS qualification filings is an official procurement fact 5. It does not settle later review questions raised by BI. On 24 September 2026, Commissioner Viado said the proposal, fee, technology, financing and terms remained under evaluation and no final decision had been made 6.

Is CAISS legal and was it tendered?

The unsolicited-proposal route used for CAISS is a route created by Republic Act 11966. The official record shows completeness review, BI evaluation and negotiation, DOJ approval and a published comparative challenge 1,4.

It is more exact to call that process a comparative challenge than an ordinary government-written tender. Securiport wrote the original proposal. Competing firms were invited only after government approved the negotiated project terms 2,4.

No court or audit finding in the cited official record declares CAISS unlawful. No final award or signed contract appears in that record either. A House resolution seeks an inquiry into the fee, private participation, data privacy and national-security questions, and BI says its own review continues 6,8.

Common questions

Are unsolicited proposals allowed under Philippine law?

Yes. Republic Act 11966 sets the rules for them and requires a comparative challenge after approval 1,2.

Is a Swiss challenge the same as open bidding?

Both invite competition, but a comparative challenge begins with negotiated terms from an original private proponent and gives that proponent a right to match 2.

Did another company challenge Securiport for CAISS?

BI published a notice on 18 May 2026 that no qualification documents were submitted 5.

Did DOJ approval create a final CAISS contract?

No. It allowed the project to proceed into the comparative challenge. BI said on 24 September 2026 that no final decision had been made 4,6.

Has an official body found CAISS illegal?

No such finding appears in the cited official record. A House resolution requests an investigation, and BI's evaluation remains open 6,8.

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Evidence

Sources

8 links
  1. 1Lawphil: Republic Act 11966, PPP Code of the Philippines (5 December 2023)
  2. 2PPP Center: Processing Unsolicited PPPs under the PPP Code and its IRR (accessed 19 October 2026)
  3. 3PPP Center: Republic Act 11966 and its Implementing Rules and Regulations (accessed 19 October 2026)
  4. 4Bureau of Immigration: CAISS Project Information Memorandum (27 February 2026)
  5. 5Bureau of Immigration: Notice of Absence of Submission of Qualification Documents (18 May 2026)
  6. 6Bureau of Immigration: Viado says CAISS still under evaluation, no final decision yet (24 September 2026)
  7. 7Bureau of Immigration: Instructions to Challengers for CAISS (27 February 2026)
  8. 8House of Representatives: House Resolution 1064 status and title (accessed 19 October 2026)

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