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Russian Federation: Assistance to Infrastructure Public Private Partnerships ("PPP") Projects - Legal Advice
09/03/2009
Project ID 26107

Fuente: www.ebrd.com  

Project name
Russian Federation: Assistance to Infrastructure Public Private Partnerships ("PPP") Projects - Legal Advice
Country
RUSSIAN FEDERATION
Business sector
Transport
Project ID
26107
Funding source
EBRD Shareholder Special Fund
Type of contract
Consultancy Services
Type of notice
Invitation for Expressions of Interest
Issue date
13 Feb 2009
Closing date
20 Mar 2009
 

 

 

 

 

 

 

Assignment Description: Recent experience in Russia demonstrates that project preparation has been a key bottleneck in using the PPP model for infrastructure development. To support the local authorities efforts and spread international best practices, the Bank proposes to set up a pre-selected panel of firms in legal advising services that will be used to develop and support key projects. Two other similar panels are proposed in financial advising and in traffic assessment and advice.
The selected firms or consortia will constitute a shortlist from which relevant Russian authorities will select and engage consultants according to the EBRD Procurement rules. The applicable selection method will depend on the size of the identified assignments (the "Assignments")
It is anticipated the following range of tasks may be included in the Assignments:
a) During the project preparation stage
- optimise the contractual structure for the PPP project;
- advise on how to adapt best international legal practice in the PPP project preparation in compliance with Russian laws and regulations (at a federal and local level);
- advise on how to reach a fair and bankable balance of risks between the public and the private sector;
b) During the tender process
- ensure that all stakeholders have a good understanding of legal issues for the project by reviewing, draft modifications of the tender documentation and other relevant documentation;
- advise on the level of competition by providing assistance in comparison and assessment of the legal aspects of the bidders� proposals;
- assistance in local PPP regulation development and/or interpretation in order to facilitate project�s implementation.
advise on how to achieve best value for money by recommending a well balanced PPP contract structure;
c) During the preliminary stage - Legal framework preparation
- advise on how to adapt best international legal practice to the project, taking into account existing Russian laws and regulations, and;
- provide assistance in local PPP regulation development and/or interpretation in order to facilitate the project�s implementation.
Assignment Duration: It is anticipated that selection and engagements from the panel will start in April 2009 for a period of 20 months. This period may be extended subject to satisfactory performance of the services and availability of funding.
Maximum Budget Available for the Assignments: up to EUR 431,800; 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 Bank's special status 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 purhcased 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 anticipated that the contract(s) will be financed through the EBRD Shareholder Special Fund.
Eligibility: There are no eligibility restriction.

Consultant Profile: The selected firms or consortia shall have relevant substantial experience in PPP based infrastructure projects, preferably with a local office in Russia or Russian legal capacity. The proposed company�s(ies) and presented experts profiles shall demonstrate in particular:
- experience in infrastructure PPP projects and structures that reached financial closure/negotiation and implementation in several countries with developed PPP framework;
- experience in supporting public authorities or private sector (lenders and/or private investors) throughout PPP project implementation process (preparation stage, tendering process);
- very good knowledge and understanding of the Russian legal and institutional environment (including PPP legal framework) and project structuring in Russia;
- solid experience in drafting legislation/regulation (advisory services to public authorities);
- prior experience of working in Russia will be considered an advantage;
- fluency in Russian language will be considered an advantage.

Submission Requirements: Interested consultants are hereby invited to submit expressions of interest.
In order to determine the qualifications and competence of consulting firms seeking to be shortlisted, the information submitted should include the following:
- Company profile, organisation and staffing;
- Details of experience or similar assignments undertaken in the previous five years, including their locations and the company�s role. Details on project (nature of the infrastructure, costs of the project, outcome of the tender);
- CVs of staff who will be available to work on the Assignments.

The above information should not exceed 40 pages excluding CVs (no more than 2 pages per person).

Expressions of Interest should be submitted, in English, electronically through eSelection and Not to the e-mail address mnetioned below.
Contact person: Cyril Korsak
Tel: ++44 20 7338 6467
E-mail: Korsakc@ebrd.com
Note: Selection and contracting will normally be made from responses to this notification and will be subject to availability of funding.