SPECIFIC PROCUREMENT NOTICE REQUEST FOR QUALIFICATIONS FOR INDIVIDUAL CONSULTANT SERVICES Country: Indonesia City/Locality: Jakarta Project: Procurement Modernization Project Name of the Assignment: Legal Advisor for Public Private Partnership (PPP) Procurement and Procedures Contract No.: PM-B-005 Submission Deadline: December 15, 2014, 15:00 p.m. Funding Agency: Millennium Challenge Corporation Buyer: Millennium Challenge Account - Indonesia (MCA-Indonesia) Introduction 1. The United States of America acting through the Millennium Challenge Corporation (“MCC”) and the Government of the Republic of Indonesia (the “Government”) have entered into a US$600,000,000 Compact for Millennium Challenge Account assistance to help facilitate poverty reduction through economic growth in Indonesia through three projects: the Green Prosperity (“GP”) Project; the Community-based Nutrition to Reduce Stunting Project; and the Procurement Modernization (“PM”) Project. The Government of Indonesia, acting through the Millennium Challenge Account Indonesia (“MCA-Indonesia”), intends to apply a portion of MCC funding to eligible payments under a contract for which this Request for Qualifications is issued. Any payments made under the proposed contract will be subject, in all respects, to the terms and conditions of the Compact and related documents, including restrictions on the use and distribution of MCC funding. No party other than the Government and MCAIndonesia shall derive any rights from the Compact or have any claim to the proceeds of MCC funding. Background to the Assignment 2. Public Private Partnership (PPP) has been chosen as the mainstream approach in developing infrastructure in Indonesia. In the early 1990s, Indonesia started to allow private sector participation in the infrastructure sector, but only economic infrastructure. By 1997, it had attracted over US$20 billion in investment, dominated by electricity (US$10.2 billion), telecoms (US$8.4 billion), and transport (US$2.1 billion). These earlier PPPs were implemented under a less transparent legal and regulatory approach. As PPPs elsewhere became much more competitive, and partly as a consequence of the Asian financial crisis, the Indonesian government decided a better framework was necessary if it should compete with other countries in attracting 1 foreign direct investments. Consequently, the GoI initiated a program to develop such a framework, the culmination of which was Presidential Decree (Keppres) 7/1998. However, Keppres 7/1998 was overtaken by the Asian crisis. In 2005, with the assistance from the World Bank, Presidential Regulation (PerPres) 67/2005, replacing Keppres 7/1998, was issued as part of a renewed effort to spearhead PPP in Indonesia. PerPres 67/2005 is a landmark in the Indonesian legal and regulatory landscape. Since then, Indonesia has continued its efforts to strengthen the Legal and Institutional Framework for promotion of PPPs. To mention a few milestones, Indonesia has updated and amended PerPres 67/2005 with PerPres 13/2010 and PerPres 56/2011 and PerPres 66/2013. In addition, the Government has developed a cross-sector operational guidelines manual (OGM) to enable agencies in the country to better understand the procurement process and related requirements posed by the PPP cycle. Objectives of the Assignment 3. MCA-Indonesia seeks a Legal Expert as a National Advisor to assist the Strategic Advisor of MCA-Indonesia advising LKPP in the development of PPP Procurement Policies and Procedures and to refine the procedures before finalizing and developing a training program to be included within the Human Capacity Development Program of the MCC-funded Procurement Modernization Project. Scope of Work 4. The purpose of this consultancy is to provide legal advisory services to the Strategic Advisor advising LKPP on PPP Procurement and Procedures. In addition, the activity will prepare PPP Procurement Guidelines with a strong focus on the proper communication to relevant stakeholders including Ministry of Finance (MoF) and affiliated entities such as KKPPI next to activities related to capacity building of the Guidelines and amendments suggested for the Procurement Procedures. The detailed tasks and responsibilities are described in the Terms of Reference. Qualifications 5. Interested Individual Consultants will be evaluated based on the following qualifications: The consultant must have the following mandatory qualifications: A Masters or JD in law. Minimum of 6 years of legal professional experience related to PPP Procurement in a reputable law firm. Specialization in corporate finance and/or project finance or PPPs is required. It is important that the nature and scope of the applicant’s role and responsibility in PPPs in Indonesia is clear in his/her statement of experience. Excellent legal and PPP Procurement drafting skills with respect to large, complex PPP projects. Acquaintance with relevant Indonesian Public Institutions empowered to promote PPPs. Fluency in English and Bahasa Indonesia. 2 In addition to the minimum criteria above the following qualifications are desirable: Legal advisory experience with an international law firm or, donor agencies with a focus on PPPs would be preferable or with public sector including relevant PPP institutions driving PPPs in Indonesia. Proven legal track record in successfully advising on PPP Procurement Procedures; experience as a legal advisor supporting a PPP project is preferred. Experience working with the PPP Procedures implemented by the Indonesian Government highly desirable. Excellent stakeholder management skills, ability to confidently work with senior public officials. Excellent business writing and presentation skills and verbal communication skills (in English). Duration and Place of Performance 6. The contract base period will be from the effective of the contract until 15 September 2015. It is expected to be part-time level of effort of 4 man-months. The Consultant will be expected to be generally based in Jakarta, however, travels within the country in areas that need to be selected conducting the gap analysis and to conduct stakeholder consultations may be expected. The specific time periods will be agreed between MCA-Indonesia, and the selected Consultant. It is anticipated to extend on a yearly basis until the end of the Compact (1 April 2018). The level of service will potentially be subject to increase or remain stagnant for each of the three options years hinging upon the number of transactions to be launched. The level of service will be subject to negotiation between the parties when the options are exercised. How to Apply 7. MCA-Indonesia hereby invites interested Individual Consultants to Application as per instruction below (Section 8). submit their 8. Interested Individual Consultants shall submit the following (in English only): (i) Curriculum Vitae (“CV”), using the CV template provided by MCA-Indonesia, detailing the consultant’s professional qualifications, areas of expertise, and experience carrying out similar assignments. (ii) Professional references (at least three (3) referees) with contact details, including a valid email address. Proof of all professional qualifications and work experience indicated in the CV may be requested to the selected consultant. Submission Date and Time 9. Interested Consultants shall submit their CVs as per instruction on Section 9 above to the address below on or before December 15, 2014, 15:00 p.m., Jakarta local time. Envelope should be clearly marked: “Adviser for Public Private Partnership (PPP) Procurement and Procedures – PM-B-004”. Applications received after this date and time shall not be considered. Electronic submissions are accepted. 3 10. Interested Consultants should register their interest and request a copy of the Terms of Reference and the CV template at the address below. 11. To request clarification, the TOR, the CV template, and for submission of CVs, please use the following address: Address: MCA-Indonesia, Procurement Agent Menteng Raya-21 Building, 6th Floor Jl. Menteng Raya No. 21 Jakarta 10340 Indonesia Email address: [email protected] Selection Process 12. An Individual Consultant will be selected following the Individual Consultant Procedures as defined in the MCC Program Procurement Guidelines (available at the following Website: http://www.mcc.gov/pages/business/guidelines) 13. Individual Consultants’ CVs and related documents will be evaluated to determine if they meet the qualifications requirements stipulated in Section 6 (above). The education, adequacy for the assignment and language requirements will be evaluated. A Consultant shall be rejected if he/she fails to satisfy any of the mandatory requirements. 14. After the Evaluation of Qualifications, the Consultant that satisfies the mandatory requirements and i s deemed the most qualified will be interviewed in person or by telephone in order to confirm qualifications. References will also be checked. If the verification process supports the initial findings, the most qualified Consultant will be requested to submit a financial proposal and may be invited to negotiate the contract. Should negotiations fail with the most qualified Consultant, MCA-Indonesia may, at its discretion, proceed to verify the qualifications of the next highest ranked Consultant. 15. Final selection will be subject to a reasonableness analysis of the proposed fee. If verification is not satisfactory and the proposed fee is not reasonable, negotiations may be terminated. 16. MCA-Indonesia is not bound to accept any of the CVs or other documents submitted, and may cancel the selection process at any time without providing any justification to the Consultants. Bid Challenges 17. MCA-Indonesia shall entertain a bid challenge from any contractor, supplier, or consultant that claims to have suffered or that may suffer loss or injury due to a breach of a duty by MCA-Indonesia in the conduct of this procurement. MCA-Indonesia will be following the Bid Challenge System available at the following Website: http://mca-indonesia.go.id/bidchallenge-system/, as required by the MCC Program Procurement Guidelines. 4 The bid challenge shall be addressed to: J. W. Saputro Executive Director MCA-Indonesia Menteng Raya-21 Building, 11th Floor Jl. Menteng Raya No. 21 Jakarta 10340 Indonesia Email address: [email protected] 5
© Copyright 2024