2 level agencies MOF; KPPIP; Bappenas; Coordinating Ministry of Economic Affairs CMEA
and Government Contracting Agencies GCAs vis-à-vis public sector and PPP financing of infrastructure; and help prepare a small number of well-structured PPP projects for market
bidding. Through IIFD-TF, PPP Unit will procure experts and specialists that have expertise in areas related to PPP Unit roles.
One of the specialist is the Legal and Regulatory Consultant. The consultant will assist and advise PPP Unit in the legal framework analysis, development and implementation as well
as the evaluation of strategic legal aspects of PPP Unit operation, particularly in the provision and management of Project Development Facility and Government Supports.
This Terms of Reference describes the objectives and scope of the required services, the envisaged outputs, deliverables and consultancy inputs, the reporting requirements and
the arrangements of the Legal Regulatory Specialist. II. Objectives of the Services
The main objectives of the provision of Legal and Regulatory Specialist are the following: a.
Review of projects submitted to the unit and advice on the provision government support, such as VGF, PDF, guarantee and implementation of availability payment
scheme. b.
Advice on formulating required policy related to government support and facilities; c.
Advice on the strategic legal framework required for the PPP program, and specific to the operation of the PPP Unit including the harmonization of PPP related regulations
III. Scope of Work
The Scope of Work of the legal and regulatory specialist is specified as follows: a.
To provide legal advice or review for PPP Unit concerning in the prevailing PPP policies, PPP related laws and regulations or those which are required for future
improvement of PPP development, including to provide a regulation drafts if necessary;
b. To provide legal advice on and review of legal documents in relation to PPP projects,
including review of FBCs, project documentation and project implementation in view of the prevailing PPP related laws and regulations;
c. To provide legal advice on and review of the proposed PPP project structures in view
of the prevailing regulations, to help the PPP Unit and GCAs develop best practice projects ;
d. To accompany PPP Unit in the meeting or discussion with PPP related stakeholders
concerning the implementation of PPP policies as well as proposed PPP projects or transactions.
e. To develop the ToR for other consultants to be hired by PPP Unit to provide draft
regulations and other legal regulatory works as needed for PPP frameworks, improvements, and advice on feasibility studies and transactions;
f. To communicate and coordinate hisher work to Senior Infrastructure Consultant
3 The detailed working plan will be developed by consultant and approved by PPP Unit on
semi-annually basis and reviewed on a quarterly basis. The duration for these services is 1,5 years commencing in September 2016 through
March 2018 with the inputs totalling 160 days in a year. IV. Expected Period of Assignment
The Legal specialist shall perform the services on a time based basis with minimum requirement of 2 days attendance each week.
The duration for these services is 1,5 years commencing in September 2016 through March 2018 with the inputs totalling 160 days in a year.
V. Required Qualifications and Experience The qualification or experience of the legal and regulatory specialist required in
general are as follows: a.
The legal expertlawyer with minimum of 8 eight years working experience including significant experiences of working with private and government institutions
in public finance and infrastructure delivery related areas; b.
Have a good knowledge of PPP policy and concept as well as the prevailing PPP related laws and regulations in Indonesia;
c. Familiarity with the PPP Unit or other PPP institutions procedures and business
process; d.
Have a good knowledge of Indonesia’s government structure and PPP infrastructure development in Indonesia;
e. Sound English and Indonesia language capability written and spoken and reporting
writing skills; f.
Proven ability to work independently with limited supervision and operate effectively in a team environment;
VI. Reporting The Consultant will report and be responsible to the Director of PPP Unit on a regular
basis indicating the consultant’s working plan as mentioned in section III Scope of Work. Two main types of reports are required:
a. Technical Reports that document the technical substance of the consultant’s
activities and outputs, containing required legal analysis, reviews or recommendations for PPP related policies or proposed PPP projects or transactions.
The consultant will produce reports in the form of such as, but not limited to the following
1. Document Review
4 2.
Internal Legal Memorandum covering required legal analysis or recommendations
b. Progress Reports documenting the consultant’s work program and progress towards
its achievement, i.e.: 1 one copy of The Quarterly Progress Report that will be used as supporting document for processing the invoice.
Bi-weekly meeting will be arrange to monitor the progress of the consultant.
VII. Performance Measurement a.
