Development of Modern Concessions and Public Private Partnership (PPP) Legal Framework in Ge

Location:

Georgia

Business sector:

Other

Project number:

47859

Funding source:

Not Yet Determined

Contract type:

Consultancy Services

Notice type:

Invitation for expressions of interest (CSU)

Issue date:

30 Jun 2015

Closing date:

13 Jul 2015   at  23:59   London

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Project Description:

The Ministry of Economy and Sustainable Development of Georgia has requested the EBRD to provide technical assistance to develop modern public-private partnerships (the “PPP”) policy framework and legislation in Georgia. The need for such technical assistance arises from the fact that the growing demand for efficient modern infrastructure has instigated pressure for private sector participation, including private funding. Furthermore, insufficient public financing and limited capacity of the state authorities to develop and modernise transport and communal infrastructure have strengthened the political determination to put in place the necessary legal and economic mechanisms to attract private participation and investment. The 2012 EBRD Concession/PPP Laws Assessment found Georgian legislation to be in low compliance with international PPP standards.

Therefore, the primary purpose of the proposed assignment (the “Assignment”) is to develop policy and legal framework for concessions and PPP in Georgia, ultimately incentivising private sector participation in infrastructure projects.

Assignment Description:

The Bank intends to engage a consulting company (the “Consultant”) to provide technical assistance to the Ministry of Economy and Sustainable Development of Georgia with the development of a modern PPP policy and legal framework in Georgia.

The expected outcome of the Assignment is the development and approval of new PPP policy (the “PPP Policy Paper”) and legal (the “PPP Law”) framework in Georgia.

The selected Consultant is expected to undertake the following:

1. Preparatory review of the current regime applicable to PPP in Georgia
2. Design of the PPP policy framework (drafting the PPP Policy Paper)
3. Design of the PPP legal framework including drafting the PPP Law(in English)
4. Advice on PPP regulatory framework and capacity building activities.

The advice provided within the Assignment will be based on modern PPP trends and best international practices as well as expert knowledge of the local environment including the legal environment in Georgia.

Status of Selection Process: Interested firms or consortiums are hereby invited to submit expressions of interest.

Assignment Start Date and Duration: The Assignment is expected to start in July 2015 and has an estimated overall duration of 10 months.

Maximum Cost Estimate for the Assignment: EUR 279,550.00 (exclusive of VAT).
The Consultant must determine whether any VAT would be chargeable on the services and the basis for that determination, without taking into consideration the special status of the Bank as an IFI and state this to the Bank in their response to the Invitation for Expressions of Interest. To the extent that a Consultant incurs input VAT on goods and services purchased in connection with the provision of services (e.g. VAT on airline ticket) which is not otherwise recoverable by the consultant from the local tax authority, the gross cost to the consultant of such expenses shall be treated as a reimbursable expense.

Funding Source: It is expected that the Assignment will be funded by the EBRD Technical Cooperation Fund. Selection and contracting will be subject to availability of funding.

Eligibility: There are no eligibility restrictions.

Consultant Profile: Corporate services are required. The Consultant will be a firm or a group (consortium) of international and local advisors, both or one of such advisors to be a firm, with previous PPP transactional experience, experience in drafting PPP policy documents and primary legislation, in particular in the region of EBRD operations, and extensive knowledge of PPP best standards.

Given the importance of appreciation of the local environment in the Assignment (in addition to application of local standards), the major part of the workload under the Assignment is expected to be undertaken by local experts, who will be supported by qualified international expertise.

The Consultant’s team of experts is expected to include:

Key experts:
a. Key expert No 1: 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;
b. Key expert(s) No 2: Senior local advisor(s) preferably with 10 years of experience and knowledge of PPP and/or as a minimum with experience in procurement, budget, administrative, civil and commercial law and civil procedure, including law/regulatory drafting experience;
c. Key expert(s) No 3: Local advisor(s) preferably with 6 years of experience and good knowledge of civil and commercial law, procurement procedure, including without limitation law drafting experience.

It is expected that Key Expert 1 or Key Expert 2 will work as a Team Leader for the Assignment.

Non-key experts may be added at the Consultant’s discretion subject to a particular team’s composition 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 selected 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 above information should not exceed 20 pages excluding CVs and contact sheet.

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 closing date indicated above. The expression of interest shall be one file (pdf). The EBRD reserves the right to reject applications of firms submitting more than one file. Only if the permissible file size is exceeded (4MB), the consultants may split their expressions of interest into further files.

EBRD Contact Person:

Marina Matushina
Advisor
Technical Co-operation
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
Tel: + 44 20 7338 6577
e-mail: MatushiM@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. Consultants will not be asked to submit a proposal. The highest-ranked consultant will be selected from a shortlist and be invited to negotiate the contract, 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 region or EBRD operations, and extensive knowledge of PPP best standards (40%)
(c) CVs of Key Experts (20%)
(d) Proposed approach to Assignment implementation (20%)