Implementing Guidelines on the Opening of Proposed Additional Premium Point-to-Point Bus Services

March 5, 2019

LTFRB MEMORANDUM CIRCULAR NO. 2019-10

 

Pursuant to Section 5 of Executive Order No. 202 empowering the Board "to prescribe and regulate routes of service, economically viable capacities and zones or areas of operation of public land transportation services provided by motorized vehicles in accordance with the public land transportation development plans and programs approved by the Department of Transportation and Communications" and "to formulate, promulgate, administer, implement and enforce rules and regulations on land transportation public utilities, standards of measurements and/or design, and rules and regulations requiring operators of any public land transportation service to equip, install and provide in their utilities and in their stations such devices, equipment facilities and operating procedures and techniques as may techniques as may promote safety, protection, comfort and convenience to persons and property in their charges as well as the safely of persons and property within their areas of operations," the following implementing Guidelines of Department Order No. 2015-018 on the Opening of Premium Point-to-Point Bus Service are hereby promulgated.

I. PREMIUM POINT-TO-POINT BUS SERVICE

In accordance with Department Order No. 2015-018, the Premium Point-to-Point Bus Service is introduced with the following operational characteristics:

 

Bus Body Make	:	a) Single deck or double-deck (11-13 meters in length); b) With external color/branding as specified by the Board; c) Euro IV or better emission standard or clean alternative fuel with equivalent or better emissions (e.g., electric or hybrid vehicles); d) Low floor entry (0.28m-0.38m) with space for one passenger with wheelchair, plus foldable or retractable wheelchair, plus foldable or retractable wheelchair ramp at exit; e) Provincial buses shall use coaches with at least eleven (11) meters in length with provisions for cargo compartments; f) Maximum of four (4) reclining seats per row.
Ventilation	:	Air-conditioned.
Routes	:	As authorized by DOTr.
Fare	:	As authorized by the Board.
Operating conditions :	:	a) Service with scheduled trips and designated off-street stops for loading/unloading passengers; b) No loading/unloading of passengers outside of designated off-street stops; c) With on-board CCTV, 4 cameras, continuous recording of minimum past 72 hours of bus operations; d) With vehicle tracking via on-board GNSS devices compliant with the Board's specifications and driver console enabling two-way communication: e) With free Wi-Fi for all passengers; f) With on-board automated bus arrival electronic display and announcement system; g) With Automatic Fare Collection System as one of the options for payment; h) Drivers under salary, with no compensation linked to ridership, but with incentives for better customer service and reduction of accidents: i) With advanced ticketing facility and seat booking via mobile phone and internet; j) Speed Limiter and; k) With lay-over area/garage sufficient to accommodate all units (space provision of at least 40 sq. m. per unit plus 30% of garage area for circulation; this should be over and above the existing garage/depot space of their current bus fleet); l) Maximum Headway One Year after Start of Operation is 10 minutes during peak hours and 30 minutes during off peak hours. During interim operations, the maximum headway is 30 minutes during peak hours and 1 hour during off peak hours subject to actual passenger demand.

 

II. ROUTES

Pursuant to the DOTr Memorandum dated 28 August 2018 duly signed by DOTr Undersecretary Thomas M. Orbos including recent clarificatory instructions from DOTr, the following additional sixteen (16) franchise packages for Premium Point-to-Point Bus Service with a total of twenty eight (28) routes are hereby opened for interested applicants. Each package will be awarded to one (1) qualified Applicant. A qualified Applicant may be selected for more than one (1) package. The terms and conditions of these packages will be subject to review at least 6 months after the commencement of operations: CScaDH

Package 1

A. ANGAT, BULACAN-NORTH EDSA (QC)

	Route Length	:	Approximately 59.5 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	19 units
	One-way Fare	:	Two Hundred Forty Pesos (Php240.00)

B. ANGAT, BULACAN-LAWTON (with Special Stop at Tutuban [Manila])

	Route Length	:	Approximately 62 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	19 Units
	One-way Fare	:	Two Hundred Forty Eight (Php248.00)
Package 2

A. BALAGTAS, BULACAN-NORTH EDSA

	Route Length	:	Approximately 30 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	15 units
	One-Way Fare	:	One Hundred Twenty Pesos (Php120.00)

B. PANDI, BULACAN-NORTH EDSA (QC) (with Special Stop at Baita, Bocaue)

	Route Length	:	Approximately 43.3 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	15 units
	One-Way Fare	:	One Hundred Seventy Five Pesos (Php175.00)

C. PLARIDEL, BULACAN-NORTH EDSA (QC)

	Route Length	:	Approximately 42.7 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized units	:	15 units
	One-Way Fare	:	One Hundred Seventy Pesos (Php170.00)

Package 3
A. CALAMBA, LAGUNA-MAKATI (with Special Stops in Cabuyao, Laguna)

	Route Length	:	Approximately 54.5 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	15 units
	One-Way Fare	:	Two Hundred Twenty Pesos (Php220.00)

B. CALAMBA, LAGUNA-BGC/FORT BONIFACIO, TAGUIG CITY (with Special Stops in Cabuyao, Laguna)

	Route Length	:	Approximately 55.2 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	15 units
	One-Way Fare	:	Two Hundred Twenty Pesos (Php220.00)

C. CALAMBA, LAGUNA-LAWTON (with Special Stops in Cabuyao, Laguna)

	Route Length	:	Approximately 60.4 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized units	:	16 units
	One-Way Fare	:	Two Hundred Forty Pesos (Php240.00)

Package 4 NAIA/PARAÑAQUE INTEGRATED TERMINAL EXCHANGE (PITX)-BAGUIO

	Route Length	:	Approximately 269 kilometers
	Specific Endpoint Stops:	:	Proposed by the Applicant
	Authorized Units	:	48 units
	One-Way Fare		One Thousand Eighty Pesos (Php1,080.00)

Package 5 CLARK-BAGUIO

	Route Length	:	Approximately 176 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	30 units
	One-Way Fare	:	Seven Hundred Pesos (Php700.00)

Package 6 CEBU CITY-LAPU-LAPU CITY (with Special Stops in Mandaue City)

	Route Length	:	Approximately 20.5 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	20 units
	One-Way Fare	:	Eighty Pesos (Php80.00)

Package 7 CEBU CITY-DANAO CITY (with Special Stops in Mandaue City, Consolacion, Liloan, Compostela)

	Route Length	:	Approximately 78.8 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	45 units
	One-Way Fare	:	Three Hundred Fifteen Pesos (Php315.00)

Package 8 CEBU CITY-SIBONGA (with Special Stops in Talisay, Minglanilla, Naga, San Fernando and Carcar City)

	Route Length	:	Approximately 75.1 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	45 units
	One-Way Fare:	:	Three Hundred Pesos (Php300.00)

Package 9 ILOILO CITY-ILOILO INTERNATIONAL AIRPORT

	Route Length	:	Approximately 20.2 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	15 units
	One-Way Fare	:	Eighty Pesos (Php80.00)

Package 10 ILOILO CITY-CATICLAN

	Route Length	:	Approximately 229 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	50 units
	One-Way Fare	:	Nine Hundred Twenty Pesos (Php920.00)

Package 11 ILOILO CITY-KALIBO AIRPORT

	Route Length	:	Approximately 180 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	45 units
	One-Way Fare	:	Seven Hundred Twenty Pesos (Php720.00)

Package 12
A. PHILIPPINE ARENA-CLARK

	Route Length	:	Approximately 75.8 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	15 units
	One-Way Fare	:	Three Hundred Pesos (Php300.00)

B. PHILIPPINE ARENA-CALUMPIT, BULACAN (with Special Stops in Bocaue)

	Route Length	:	Approximately 27.4 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	15 units
	One-Way Fare	:	One Hundred Ten Pesos (Php110.00)

C. PHILIPPINE ARENA-LA UNION

	Route Length	:	Approximately 244 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	36 units
	One-Way Fare	:	Nine Hundred Eighty Pesos (Php980.00)

D. PHILIPPINE ARENA-CENTRAL (QC)

	Route Length	:	Approximately 24.7 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized units	:	20 units
	One-Way Fare	:	One Hundred Pesos (Php100.00)

Package 13
A. BATANGAS CITY-ALABANG

	Route Length	:	Approximately 80 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	19 units
	One-Way Fare	:	Three Hundred Twenty Pesos (Php320.00)

B. BATANGAS CITY-LAWTON (with Special Stop at Buendia)

	Route Length	:	Approximately 104 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	40 units
	One-Way Fare	:	Four Hundred Twenty Pesos (Php420.00)

Package 14
A. BATANGAS CITY-ORTIGAS

	Route Length	:	Approximately 103 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	21 units
	One-Way Fare	:	Four Hundred Ten Pesos (Php410.00)

B. BATANGAS CITY-PARAÑAQUE INTEGRATED TERMINAL EXCHANGE (PITX)

	Route Length	:	Approximately 100 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	27 units
	One-Way Fare	:	Four Hundred Pesos (Php400.00)

Package 15
A. LIPA, BATANGAS-ALABANG

	Route Length	:	Approximately 62 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	20 units
	One Way Fare	:	Two Hundred Fifty Pesos (Php250.00)

B. LIPA, BATANGAS-LAWTON (with Special Stop at Buendia)

	Route Length	:	Approximately 86 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	35 units
	One-Way Fare	:	Three Hundred Forty Pesos (Php340.00)

Package 16
A. LIPA, BATANGAS-ORTIGAS

	Route Length	:	Approximately 84 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	35 units
	One-Way Fare	:	Three Hundred Forty Pesos (Php340.00)

B. LIPA, BATANGAS-PARAÑAQUE INTEGRATED TERMINAL EXCHANGE

	Route Length	:	Approximately 82 kilometers
	Specific Endpoint Stops	:	Proposed by the Applicant
	Authorized Units	:	25 units
	One-Way Fare	:	Three Hundred Thirty Pesos (Php330.00)

Peak hours are defined as 6:00 am to 8:00 am and 5:00 pm to 7:00 pm. The Applicant shall execute an Affidavit of Undertaking stating that 25% of the number of required units will be delivered within three (3) months, 50% within six (6) months, 100% within nine (9) months as certified by the vehicle manufacturer/supplier; reckoned from the date of submission of pre-qualification documents. The selected operator will be required to operate an interim service under special permit using either its own units or leased/chartered units. TIEHDC

III. QUALIFICATION REQUIREMENTS

Applicants must submit all the Legal, Technical, and Financial Capability Qualification Documents (collectively referred to as "Qualification Documents") provided below.

1. Legal Qualification

A. Filipino citizen who is at least eighteen (18) years old:

1. Certified true copy of Birth Certificate duly issued by the Philippine Statistics Authority;

2. Income Tax Return or Certificate of Registration issued by the Bureau of Internal Revenue; HCSAIa

3. Certificate of Business Name issued by the Department of Trade and Industry.

B. Filipino domestic juridical entity with a primary purpose to provide transportation services;

C. If corporation or partnership including joint ventures or consortia of local firms, Certified True Copies of Certificate of Incorporation, Articles and By-Laws, and latest General Information Sheet duly received/issued by the Securities and Exchange Commission;

D. If consortium/joint venture is not yet existing, a duly-notarized Memorandum of Agreement by and between the members that they will form a special purpose legal entity, including individual Certified True Copies of Certificate of Incorporation, Articles and By-Laws, and latest General Information Sheet duly received/issued by the Securities and Exchange Commission of each would be consortium members, if applicant is selected; ACcaET

E. If cooperative, Certified True Copies of Certificate of Registration, Articles and By-Laws and latest Cooperative Annual Performance Report duly issued by the Cooperative Development Authority (CDA), and Certificate of Accreditation issued by the Office of Transportation Cooperative (OTC).

2. Technical Qualification

A. Detailed map of the proposed route with location of specific off-street loading and unloading areas;

B. Plan for (Route) Interim Service which should contain (a) the list of the bus units that will be used in the interim service containing the name of the owner/operator, the make of the bus, and year model; (b) copies of the official receipts and certificates of registration of the units; and (c) passenger insurance documents for the said units; CaSAcH

C. Number of compliant units available with OR/CR and undertaking that the remaining units will be made available within three (3) months as certified by vehicle manufacturer/supplier; reckoned from the date of submission of qualification documents;

D. If no compliant units are available, undertaking that 25% of the number of required units within three (3) months, 50% within six (6) months, 100% within nine (9) months will be delivered as certified by the vehicle manufacturer/supplier; reckoned from the date of submission of pre-qualification documents;

E. Undertaking that the units shall be compliant with the specifications and standards under OFG and DTI-PNS as herein aforementioned; SaIEcA

F. When applicable, undertaking pursuant to Memorandum Circular No. 2018-015 for lease/lease-to-own units;

F. n Fleet Management System with organized vehicle dispatch procedures;

G. Evidence of formal arrangement with Automatic Fare Collection (AFC) service provider that will offer inter-operable AFC service that is fully compliant with fare media related technical specifications as determined by LTFRB, in case the Applicant is selected;

H. Copies of Letter of Support from property owners/managers regarding access to, or use of, each off-street loading and unloading area in the route map;

I. Proposed garage/depot space pursuant to Memorandum Circular No. 2017-027, or undertaking to have a compliant garage with zoning clearance immediately upon availability of compliant PUV units, in case Applicant is selected.

3. Financial Capability Qualification

A. Original or Certified True Copy of the latest Audited Financial Statement and duly stamped "received" by the Bureau of Internal Revenue or its Authorized Agent Banks; or Certificate of Registration from Bureau of Internal Revenue for newly formed legal entities; IaHDcT

B. Manner of acquisition for the compliant PUV units identifying the funding source and with detailed financing plan when applicable; proof/s of support from funding source;

C. Set-aside bank deposit, duly certified by the depository bank, equivalent to or exceeding the amount of one hundred thousand pesos (Php100,000.00) multiplied by the total number of vehicles for the route that the Applicant is applying for. The set aside deposit is to be used for PUV maintenance, repair and operation;

D. Financial projections for the first five (5) years of operations, showing detailed revenues and costs, as well as projected demand, including assumptions made. CcSTHI

IV. SUBMISSION OF QUALIFICATION DOCUMENTS

The Applicant shall submit one (1) original copy and four (4) photocopies containing a Table of Contents and bound together in ring binders or folders sealed in an envelope or a box and appropriately addressed and marked as follows:

 

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD Premium Point-to-Point Bus Service QUALIFICATION DOCUMENTS PACKAGE/S APPLIED FOR: ___ Package 1 [NAME AND ADDRESS OF APPLICANT] DO NOT OPEN BEFORE _________

 

The Qualification Documents must be submitted between 9:00 am and 2:00 pm (Philippine Standard Time) on Friday, March 22, 2019 at the Office of the Executive Director or Office of the Regional Director (for intra-regional routes). Each set of the Qualification Documents submitted by an Applicant shall be numbered in the order received and stamped with the date and time of receipt.

Filing or submission of Qualification Documents after 2:00 pm on March 22, 2019 shall be rejected outright, and returned unopened. DEIHAa

A Qualification Conference will be held on Friday, March 15, 2019 at 2:00 pm.

V. THE QUALIFICATION COMMITTEE

For purposes of this Memorandum Circular, a Qualification Committee shall be created consisting of at least the following members:

A. For inter-regional routes and NCR routes:

	Chairperson	:	LTFRB Executive Director
	Vice-Chairperson	:	LTFRB NCR Regional Director
	Member	:	LTFRB Technical Division Chief
	Member	:	LTFRB Legal Division Chief
	Member	:	LTFRB ISMD Division Chief
	Observer	:	OTC Representative
	Observer	:	COA Representative
	Observer	:	DOTr Representative

B. For intra-regional routes (excluding LTFRB-NCR):

	Chairperson	:	To be assigned by the Regional Director concerned
	Member	:	Technical
	Member	:	Legal
	Observer	:	OTC Representative
	Observer	:	COA Representative
	Observer	:	DOTr Representative

The Board may create additional committee when the need arises. SDTIaE

Duly-authorized representatives for each member may be allowed.

VI. EVALUATION OF QUALIFICATION DOCUMENTS

Immediately after 2:00 pm on March 22, 2019, the Committee will begin the opening proceedings by announcing the names of the Applicants who have submitted Qualification Documents and any such other details as it may consider appropriate. The Committee will then proceed with the opening of the envelopes/boxes of each Applicant, one at a time and in the order in which the same are received. The Applicant or any duly authorized representative for each Applicant present during the opening proceedings shall register confirming their attendance.

The Committee shall examine the Qualification Documents within three (3) days after the Submission Date of Qualification Documents. The detailed evaluation of the compliance by the Applicant with the Legal, Technical and Financial Capability Qualification Requirements shall be based solely upon the Qualification Documents submitted. The Committee may seek clarification from the Applicants on the form and contents of their Qualification Documents. The Committee may also make inquiries with any person, government authority, client organization, officer, director, employee or other agent of any Applicant or Affiliate of any of these for the purpose of clarifying any matter included in its Qualification Documents.

All submitted information and any clarifications requested by the Committee shall be assessed against the criteria for qualification as set out above and generally rated on a "PASS-or-FAIL" basis. An applicant will be rated as "QUALIFIED" if each criterion is rated "PASSED" and each required Qualification Document and attachment is completely submitted. The Applicant will be disqualified if any criterion is rated "FAILED" or if any required Qualification Document or attachment is missing.

The Applicants who PASSED the legal, technical and financial qualifications shall be ranked based on the availability of the required number of units. Higher rank is accorded to an applicant with the highest number of ready and available units, then on the schedule of delivery of the units (as certified by the supplier/manufacturer) on a first-in-time basis. AacCIT

If a tie results, preference shall be given to existing area-based operators. If no existing area-based operator passed, a public lottery shall be conducted in the presence of applicants to determine who among the qualified applicants will proceed with the CPC application.

The Committee shall submit to the Board or to the concerned Regional Director, as the case may be, its Recommendation for the latter's approval which shall issue a Notice of Selection.

The selected Applicant shall file an Application for the issuance of a Certificate of Public Convenience (CPC) and with a prayer for a Provisional Authority (PA) for compliant P2P bus units, within three (3) months after issuance of the Notice of Selection. The CPC will be granted when at least fifty percent (50%) of the required units for the route applied for is already available. Should the selected Applicant fail to comply hereto without justifiable reason/s that are beyond the control of the operator and supplier/manufacturer, the Application for New CPC shall be dismissed. Next-ranked applicants will be considered for selection if same are still interested, otherwise the selection process shall be re-opened.

VII. GUIDELINES ON INTERIM OPERATION

A. The Applicant selected will be required to operate an interim service within fifteen (15) days from Notice of Selection with a minimum of two-thirds (2/3) of the total number of required vehicles and compliant with the specifications in this section through issuance of 90-day Special Permit (SP) renewable upon justifiable reasons. The Applicant will be permitted to use either its own units or units that are leased or chartered from other operators, manufacturers or dealers;

B. Interim Bus Specifications:

1. Only the units with passenger insurance as authorized by the Board will be deployed by the Applicant for use in the interim service.

2. The units must at least be air-conditioned, 9-13 meters in length, equipped with Wi-Fi internet connection, maximum four (4) seats per row, not more than 5 years old, and free of exterior dents, major blemishes or discoloration that could mar the external appearance of the vehicle. TIEHSA

3. The Board may reject vehicles with features or appearance that are not in keeping with the desired higher standards service.

4. Prior to operation, the vehicles should affix identifying markings/stickers as authorized by the Board for easy identification by riders and traffic enforcers.

C. Upon availability of compliant P2P bus units, a 90-day Provisional Authority (PA) will be issued to such units provided that a photocopy of the passenger insurance policy and proof of compliance with the requirements for garage are submitted. Said PA is renewable until the CPC is issued;

D. In no instance shall the total number of bus units for SP and PA shall exceed the required units per route. TacSAE

VIII. REPEALING CLAUSE AND EFFECTIVITY

All other issuances inconsistent herewith are deemed modified or superseded accordingly.

This Memorandum circular shall take effect immediately following its publication in at least one newspaper of general circulation. Let three (3) copies hereof be filed with the UP Law Center pursuant to Presidential Memorandum Circular No. 11, dated 09 October 1992.

SO ORDERED.

Quezon City, Metro Manila, March 5, 2019.

(SGD.) ATTY. MARTIN B. DELGRA IIIChairman

(SGD.) ENGR. RONALDO F. CORPUSBoard Member

(SGD.) GEN. ANTONIO N. GARDIOLA, JR. (Ret.)Board Member

Attested by:

(SGD.) ATTY. SAMUEL A.M. JARDINExecutive Director

 

n Note from the Publisher: Copied verbatim from the official copy. Irregular alphabetical sequence.