Uzbekistan - Development of Modern Policy, Legal and Institutional Frameworks for PPP Projects

Location:

Uzbekistan

Business sector:

Other

Funding source:

EBSF - EBRD Shareholder Special Fund

Contract type:

Consultancy Services

Notice type:

Invitation for expressions of interest (CSU)

Issue date:

17 May 2018

Closing date:

18 Jun 2018   at  23:59   London

Access eSelection

Please note the deadline has been extended to Monday 18th June.

Project Description

The Government of Uzbekistan has requested EBRD to provide technical assistance to support the design and development of a modern investor-friendly PPP regime in the country (the “Project”).

The availability of efficient and transparent policy, legal and institutional frameworks encouraging private sector participation are vital for effective implementation of infrastructure projects through PPP structures. When properly designed and implemented, PPPs may provide an invaluable source of additional private sector funding, capacity and resources to country’s infrastructure needs. These help overcome the inevitable restrictions of public resources for infrastructure construction, maintenance and provision of quality services. For this reason, PPP structures have become one of the most common instruments for developing infrastructure using the private sector resources and expertise.

The primary purpose of the Project is to assist the Government in building modern policy, legal and institutional frameworks for PPP projects in Uzbekistan, ultimately incentivising private sector participation in infrastructure projects.

Assignment Description

The Bank now intends to engage a consulting company (the “Consultant”) to assist the Government in reviewing the current PPP regime, designing a PPP policy and drafting a PPP law and amendments to primary legislation necessary in the context of the new PPP law (the “Assignment”).

The selected Consultant is expected to provide the following services (among other tasks) per the Terms of Reference:

a) review the current regime applicable to PPP projects and identify the deficiencies including gaps and areas for improvement of the present regime as applicable, including budget, contract, and procurement laws, and other sector legislation as appropriate, in comparison to internationally accepted standards and best practices;

b) contribute to policy discussions to help reach a consensus among the relevant stakeholders on the main policy lines of the initiative/reform and identify implementation needs and ways to involve the private sector in PPPs, including infrastructure, utilities and public services;

c) produce a draft PPP policy paper (the “PPP Policy Paper”) that would reflect the policy discussions and be consistent with internationally accepted standards and best practices;

d) after the key points of the PPP Policy Paper are formulated and coordinated, design and draft the PPP law (“PPP Law”) and amendments to primary legislation necessary in the context of the new PPP Law; and

e) provide support with the legislative approval process.

Status of Selection Process

Interested firms or groups of firms are hereby invited to submit expressions of interest.

Assignment Start Date and Duration

The Assignment is expected to start in July 2018 and has an estimated overall duration of ten months.

Funding Source

It is expected that the Assignment will be funded by the EBRD Shareholder Special Fund. Selection and contracting will be subject to the availability of funding.

Maximum Estimated Assignment Amount

EUR 288,000

Eligibility

There are no eligibility restrictions.

Consultant Profile

Corporate services are required. The Consultant will be a firm or a group of international and local advisors, at least one of such advisors to be a firm with previous PPP transactional experience and experience in drafting PPP policy documents and primary legislation, in particular in the EBRD countries of operations, and extensive knowledge of PPP best practices.

The Consultant’s team of experts should cover all required expertise and include:

Key experts:

a. Key expert No 1 – Team Leader: Prominent senior international expert, preferably with 15 years of experience and a good degree of legal expertise in concessions/PPP area, including policy/regulatory issues and law drafting, as well as previous experience in similar assignments, including in the EBRD region;

b. Key expert(s) No 2: Senior local advisor(s) with solid experience and knowledge of PPP, public procurement, infrastructure financing, budget, administrative, civil and commercial law and civil procedure, including law/regulatory drafting experience;

c. Key Expert(s) No 3: Senior PPP business ‎consultant well familiar with PPP/concessions policy and with experience of advising on similar assignments, preferably in the EBRD countries of operations, and with expertise in comparative analysis of VfM and similar methodologies.

Other experts may be added at the Consultant’s discretion and among other are expected to include:

a) International senior advisor(s) with good knowledge of local market environment and laws;

b) Ad hoc expert(s): technical, financial, legal and business PPP advisor/s, as/if required.

Submission Requirements

In order to determine the capability and experience of consultants seeking to be shortlisted for this Assignment, the information submitted should include the following:

1. Company/group of firms’ profile, organisation and staffing (max. 2-4 pages).

2. Details of previous project experience or similar assignments particularly undertaken in the previous five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided (if different from duration) , main activities, objectives (max 6 pages).

3. CVs of key experts who could carry out the Assignment detailing qualifications, experience in similar assignments, particularly assignments undertaken in the previous five years, including information on contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, main activities, objectives (max 2 pages per person).

4. Completed Consultant Declaration Form and Contact Sheet, the template for which is available from the following web-link:

http://www.ebrd.com/pages/workingwithus/procurement/notices/csu/contact_sheet.doc.

5. The proposed approach to the implementation of the Assignment.

Failure to provide the completed Consultant Declaration Form and Contact Sheet may result in the applicant’s disqualification from the selection process for this Assignment.

The complete expression of interest (including CVs, Consultant Declaration and Contact Sheet) should be submitted in English electronically through e-Selection, to reach the Bank not later than the deadline for submission referred to above. The expression of interest shall be one file (pdf) and shall not exceed 40 pages in total. The EBRD reserves the right to reject applications of firms submitting more than one file or 40 pages.

Bank Contact Person:

Amanda Forrester
Procurement Operations and Delivery Department
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN

e-mail: forresta@ebrd.com (submissions should be sent through eSelection and NOT to this email address)

Notes:

1. The selection will normally be made from responses to this notification only. The highest-ranked Consultant will be selected from a shortlist and be invited to negotiate the contract. Consultant selection and contracting will be subject to availability of funding.

2. The shortlist criteria are:

a) Firms’ previous PPP transactional experience (20%);

b) Firms’ previous experience in drafting PPP policy documents and primary legislation, in particular in the EBRD countries of operations, and extensive knowledge of PPP best practices (30%);

c) CVs of Key Experts (30%); and

d) Proposed approach to Assignment implementation (including work plan, methodology and team allocation) (20%).