Terms of Reference
Preparation of draft PPP Procurement Guideline :
- Background
Public-Private Partnerships for Urban Environment (NEP/04/001) is a UNDP assisted, Ministry of Local Development (MLD) of the Government of Nepal executed program. The program is currently being implemented in ten partner municipalities. The development objective is to increase the access of urban citizens to basic services, and therewith, to contribute to the creation of a healthy environment and the improvement of living conditions in the urban and peri-urban areas, by promotion of partnerships between public and private sectors for the sustainable provision of urban services.
PPPs are understood to be contracts between private and public entities. Usually the parties to PPPs enter into long-term contracts (normally between three and thirty years) under which the private partner undertakes to develop a public infrastructure project. The private partner is also given the subsequent right to operate this infrastructure. Alternatively, the private partner may be given the right to oper¬ate an existing public infrastructure project and will undertake to renovate and maintain it and provide certain public services. .
PPP projects needs to be procured with due diligence and tact in order to maintain the quality at reasonable cost through a fair and transparent system. Government has formulated the act and regulations relating to private investment in infrastructure construction and implementation. However, the act only deals for large infrastructure project. The regulatory provision for procurement of small scale PPP project is yet to be formulated. In the absence of clear procedural guidelines for PPP procurement, the PPP projects are being procured through the traditional procurement process.
To assist partner municipalities especially in the procurement of PPP projects, PPPUE has included the preparation of PPP procurement guideline in the second phase of the project schedule. It is intended that the proposed PPP procurement guidelines will facilitate the actualization of more effective PPP projects for better infrastructure provision and service delivery through enduring partnerships between government and private/ community sectors.
The guideline is also intended to lead the government agencies towards establishments of necessary PPP procurement rules and regulation.
- Objective
The overall objective of developing PPP procurement guideline is to prepare favorable environment for Public-Private Partnerships (PPP) projects and to facilitate government as well as private sector to maintain the uniformity while procuring the PPP projects.
The more specific objectives are:
- Develop draft PPP procurement guideline and discuss among the potential stakeholders for conducive comments and suggestion.
- Produce the final draft PPP procurement guideline and disseminate the same to relevant stakeholders.
- Scope of Work
Based on the above objective, the consultant will be carrying out following activities.
- Review of existing PPP procurement rules and regulations.
- Review of PPP procurement disputes.
- Gather information and review the international practices of PPP procurement.
- Identify probable problems and suggest solutions on existing procurement rules.
- Identify risks on procurement process and develop mechanism to minimize the risk.
- Organize an interactive workshop involving various stakeholders like line ministries, sectoral-agencies, municipal staffs and other relevant agencies on the topic
- Methodology
The consultant/firm will be required to collect necessary data or verified data. The report should be prepared based on primary and secondary data as per the demand of the study in close consultation with the municipality and other stakeholders. The guideline should be practical and comprehensive so that it would be beneficial while procuring the PPP project.
- Study Team
The consultant/firm should have prior experience in drafting. The consultant/firm should also have adequate team members while carrying out the assigned task.
- Deliverable Output
- Final product of the PPP procurement guideline
- Both digital and hard copies of the guideline should be provided.
- Draft copies of the guideline should be provided to PPPUE for prior discussion in a timely manner before the submission of the final product.
- Conduct a seminar to present the findings and recommendations to representatives of various stakeholders.
- Timeframe
- Two months from the date of awarding the assignment.
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