Support with the Development of the PPP Strategy and PPP Primary Legislation Tender

Procurement Summary

Country : United Kingdom

Summary : Support with the Development of the PPP Strategy and PPP Primary Legislation

Deadline : 27 Jun 2019

Other Information

Notice Type : Tender

TOT Ref.No.: 33703505

Document Ref. No. :

Competition : ICB

Financier : European Bank for Reconstruction and Development (EBRD)

Purchaser Ownership : -

Tender Value : Refer Document

Purchaser's Detail

Purchaser : EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
Vivienne Lewis-Headlam One Exchange Square London EC2A 2JN
United Kingdom
Email :lewishev@ebrd.com
URL :http://www.ebrd.com/

Tender Details

Expression of Interest are invited for Support with the Development of the PPP Strategy and PPP Primary Legislation in Azerbaijan.

Project Description:

The Small and Medium Business Development Agency of the Republic of Azerbaijan has requested the European Bank for Reconstruction and Development ("EBRD" or the "Bank") to provide technical assistance to support the design and development of a modern investor-friendly public-private partnership ("PPP") regime in the country. The Agency is set up under the Ministry of Economy of the Republic of Azerbaijan to regulate not only small and medium businesses but also other structures including PPPs.
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 arrangements. 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, PPPs 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 Azerbaijan, ultimately incentivising private sector participation in infrastructure projects.

Assignment Description:

The Bank intends to select and contract a consulting company (the "Consultant") to conduct a diagnostic review of the current PPP regime and advise on the development of modern PPP policy and legal frameworks in Azerbaijan (the "Assignment").

The expected outcome of the Assignment is to assist the Government with reviewing the current regime applicable to PPP projects, designing and drafting the PPP policy or a Concept of the future legal and regulatory framework and PPP Law as well as amendments to primary legislation necessary in this context. The selected Consultant shall produce a workable comprehensive legislative package ready for the submission to the Parliament for adoption.

The selected Consultant is expected to provide the following services :
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 with internationally accepted standards and best practices;
b) produce a draft PPP Policy paper or a Concept of the future regime (specific format of the document and its name to be discussed) (the “PPP Strategy”) that would reflect the policy discussions and be consistent with the internationally accepted standards and best practice;
c) design and draft the PPP Law (the "PPP Law") and amendments to primary legislation necessary in the context of the new PPP law as soon as the key points of the PPP Strategy are formulated and coordinated; and
d) provide support with the legislative approval process as agreed with EBRD. This would include the preparation for, and delivery of, up to two explanatory sessions to present the new PPP Strategy and legal framework: one at the stage of the governmental coordination and approval and the other one at the stage of parliamentary submission, if/as necessary.

Full Terms of Reference (TOR) of the Assignment can be found here: http://www.ebrd.com/documents/legal-reform/support-with-the-development-of-the-ppp-strategy-and-ppp-primary-legislation-in-azerbaijan.pdf

Consultant Selection Procedure: Single stage open competitive selection.
Interested firms or groups of firms are invited to submit a Technical and Financial Proposal.

Assignment Start Date and Duration: The Project is expected to start in July 2019 and has an estimated overall duration of 13 months.

Cost Estimate for the Assignment: EUR 295, 000 (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 Shareholder Special Fund. Please note that selection and contracting are subject to the availability of funding.

Eligibility: There are no eligibility restrictions based on the consultant-s country of origin.

Consultant Profile: Corporate services are required. The Consultant will be a firm or a group of firms with extension knowledge of PPP best practices and preferably with previous project experience related to PPP transactions and, in drafting PPP policy documents and primary legislation, in particular, in EBRD-s countries of operations.

The Consultant-s team of experts should cover all required expertise and include the following key experts (the "Key Experts"):
a. Key expert No 1 - Team Leader: Senior legal expert preferably with 15 years- legal expertise in the concessions/PPP area, including policy/regulatory issues and law drafting, as well as previous proven experience in similar assignments in EBRD-s countries of operation;
b. Key expert(s) No 2: Senior local advisor(s) preferably with 8 years or more previous professional 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 preferably with 8 years or more previous professional experience in PPP/concessions policy and advising on similar assignments, preferably in EBRD-s countries of operations with expertise in comparative analysis of VfM and similar methodologies.
d. Key Expert(s) No 4: International senior advisor(s) preferably with 8 years or more previous professional experience of PPP, in particular transactional and regulatory PPP, regional market environment and laws;
Ad hoc expert(s): technical, financial, legal and business PPP advisor/s, as/if required may be added at the Consultant-s discretion.


Submission Requirements:

The consultants are now invited to submit a completed Technical and Financial Proposal as per the standard templates and instructions available at this link: http://www.ebrd.com/documents/procurement/single-stage-package.docx. Interested Consultants should make themselves familiar with these Standard Templates, Standard Instructions and Conditions of Contract in preparation of their proposals.

1. The Technical Proposal shall be submitted in English electronically via eSelection not later than the Closing Date, as one single PDF file. The technical proposal should not exceed [25] pages excluding the Declaration Form and CVs (Form 1- TP 1 and Form 1 - TP 6).

2. The Financial Proposal (Form 2 - FP 1 and FP2) shall be submitted in English separately by email only to the Bank Contact Person. Consultants are reminded of the requirement to ensure the confidentiality of the Financial Proposals.

A Technical Proposal that contains elements of a Financial Proposal shall be declared non-responsive.
A Financial Proposal submitted together with the Technical Proposal via e Selection shall be declared non-responsive.

Bank Contact Person:

Vivienne Lewis-Headlam
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
e-mail: lewishev@ebrd.com

For the avoidance of doubt, technical proposals should be sent through eSelection and NOT to this email address. Financial proposals should be sent to this email address and NOT through eSelection.

Deadline to Submit Clarification Questions: Via e-mail to the Bank Contact Person by 20 June 2019.

Selection Method and Evaluation Criteria:

1. Technical Proposal Evaluation Criteria

(a) Firm's previous project experience in similar assignments preferably in the EBRD-s countries of operation (50%)
(b) Quality of the methodology proposed for the Assignment (20%)
(c) CVs of the Key Experts (30%).
The minimum technical score (St) required to pass is 70.

2. Opening of Financial Proposals

After the technical evaluation is completed, only the submissions which score 70 or above of the total marks available for the technical criteria will be eligible to have their financial proposals opened.

3. Combined Technical and Financial Evaluation

The lowest evaluated Financial Proposal (Fm) is given the maximum financial score (Sf) of 100. The formula for determining the financial scores (Sf) of all other Proposals is calculated as follows:

Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest evaluated Financial Proposal, and “F” the price of the Proposal under consideration.

Proposals are then ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = 80; F = 20) T + F = 100 as follows: S = St x T% + Sf x F%.

Important Notes:

1. The proposal validity period is 120 days from the deadline date for the receipt of submissions. During this period, the Consultant shall maintain its original Proposal without any change, including the availability of the Experts, the proposed rates and the total price.

2. The selection will be made from the Proposals received in response to this not

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