PER13 PPP. Terms of Reference for consultancy on Public Private Partnerships in the Transport sector
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1 PER13 PPP Terms of Reference for consultancy on Public Private Partnerships in the Transport sector I. Background Public Private Partnership (PPP) is an important instrument for the Government to attract private investment and to improve public services. The Public Private Partnership (PPP) Policy was issued in 2009, the Public Private Partnership Act (PPP Act) passed in 2010 and the PPP Regulations passed in The new Public Procurement Act (2011) makes specific provision for PPP procurement, for both solicited and unsolicited proposals. While this legal framework includes gaps and areas that need to be improved, it is a solid basis on which the PPP program can be launched, and demonstration projects developed. The Policy, Act and Regulations have been driven by the Prime Minister s Office (PMO), which has assembled a team focused on implementing the Policy and coordinating Government stakeholders on PPP. The PMO is playing a central role in PPP policy implementation, the committee for implementing the 5 Year Plan, and overseeing the identification and implementation of viable PPP projects. Further to the PPP Act, a Finance Unit (FU) has been created within the Ministry of Finance (MoF) to assess, manage and monitor fiscal risk, to assess affordability of projects, and to appraise value for money from PPPs with a view to recommend PPP projects for approval by Minister of Finance. The Commissioner of PPP, head of the FU, formally took office in June 2011, and currently has three staff. The MoF has issued a business plan for the FU, including staffing plans, training programs, consultant support needed and a capacity building program. The FU has commenced preparation of PPP Finance Regulations. A Coordination Unit (CU) has been created within the Tanzania Investment Centre (TIC), which reports to the PMO, with a manager and two staff in position. The CU is focusing on promotion and coordination of all matters relating to public private partnerships...line ministries and other contracting agencies are required under the PPP Act to identify, appraise, develop and monitor a project.. In order to perform this function effectively, the Government has conducted PPP Capacity building at operational 1
2 level involving 60 PPP desk officers from the Government MDAs and private sector under the Prime Minister s Office. II. Purpose The PER13 champions have chosen five key areas to focus on during the 2013 Public Expenditure Review. PPP is one of these areas and this is closely linked to another study on Public Investment Management (PIM). One clear gap in the Government s PPP program is identification of bankable PPP projects as well as addressing the use of public expenditure. Effective public expenditure is critical to the success of PPP, including early funding for preparation of transactions but also capital investment into transactions to ensure the financial, social and environmental viability of such transactions. PIM is fundamental to the decision to finance investments either through PPP or purely public sources. Due to this, the consultants on the PIM and PPP study should work closely together. These ToRs seek to address the effective use of public funds to support PPP where and how Government could use its scarce resources most efficiently, to leverage private investment. In order to provide a worked example of this advice and to improve impact, these ToRs will apply concepts of PIM to the transport sector (including sea ports, ferry terminals, airports, railways, roads, and bridges). The next phase of this work will focus on the power sector. However, it should be noted that this does not infer any prioritization of these sectors by the Government, PPP will be relevant for all of the sectors indicated in the PPP Act. Public funding for PPP transactions includes pre-feasibility studies, feasibility studies, transaction advisory services, other marketing and expenditure on transaction preparation and procurement, capital grants during construction, operating grants and other such public funding contributions this work will consider public funding in all of its forms. Entities responsible for monitoring and driving public expenditure issues associated with PPP include President s Office Planning Commission (POPC), PMO, CU and in particular FU. In order to support this task in the Government, MoF is creating a PPP Facilitation Fund (PPPFF) to act as a conduit for providing public funding for PPP transaction preparation and implementation. These ToRs will therefore support specifically the PPPFF, the FU, the CU, PMO, POPC and the PPP nodes within line ministries and agencies in the sectors stated above. The needs of PPP in Tanzania far exceed the study discussed below, and for this reason additional phases of work are 2
3 anticipated, that will support different sectors, the implementation of PPP across different key players, helping to generate robust, fiscally responsible and commercially viable projects that will deliver value for money to the Tanzania. As mentioned above, the current work program focuses on the transport sector (including sea ports, ferry terminals, airports, railways, roads, and bridges). This was done to help focus efforts. It is not meant to indicate a prioritization or preference of the transport sector above others. The Consultants will build on the various work that has gone before, including the operating guidelines for PPP, the PPP pipeline analysis prepared by and for the PMO and PPPCU, the pre-feasibility and feasibility studies that have been prepared for different transport sector PPP projects, etc. Two recent initiatives merit partticulr mention: The Government has undertaken a new program entitled Big Results Now implemented by the POPC and supported by the Government of Malaysia. One of the areas of focus on the BFN is Transport, and will result in the identification of strategically important transport investments. The Government has appointed a consulting firm to assess the PPP project pipeline across all sectors. These two initiatives will provide an important source of information, but should not be treated as exclusive, i.e. the consultant will assess all projects objectively, in accordance with the agreed criteria, and shall not be bound by the result of any of the above. III. Objective and Scope The main objective of the study is to inform the decision makers on potential pipeline projects and the effective use of public funds to support PPP and the how scarce resources can be used most effectively to leverage private investment and provide value for money. The study should point to best practices and tools which can be adopted to prioritise PPP projects. The study will look at: 1. How a project should be selected for implementation through PPP The process of selecting which projects should be implemented through PPP, and of a list of potential projects which of those projects should be prioritized, involves a complex series of data gathering, filtering through key criteria, and strategic prioritization processes. 3
4 2. Criteria to be applied to the allocation of public funding for PPP transactions In addition to the more general question of which projects should be implemented through PPP, and how to prioritize amongst those projects, the Government needs to understand how to allocate scarce public funds to achieve greatest efficiency: maximizing the benefits available from PPP, maximizing leverage and increased private investment, additional public services, and improved quality of public services. This process is driven currently through the MoF, FU, PMO, CU, POPC and the CAs. 3. How and when the decision process on the allocation of public funding fits into the PPP transaction cycle The above filtering processes are not performed in a vacuum; they must be fitted into the overall PPP cycle, for each transaction but also on a portfolio basis. This process needs to support that cycle, enable it, not impede it, not add layers of approvals and formality. This needs to be a dynamic process, which fits together well and iteratively. Key functions in this process will be implemented by the PPPFF, and for this reason the PPPFF will receive particular attention under these ToRs. 4. Review of transport sector investments to apply the criteria set out above The above are to be developed in their application to the transport sector, to bring the theory to practice. This will involve developing at least 10 transactions using criteria above. The consultant will work with the CU, the POPC and CAs to identify all projects and apply the bove criteria to these. For each transaction, a prefeasibility study of pages should be developed, using criteria set under Regulation (4) of the PPP Regulations, In doing so, strong collaboration and buy in with the management of the particular Contracting Authority is extremely important. Each pre-feasibility study should estimate public resources needed for undertaking the feasibility study, bringing the project to market and viability gap funding, if any. More specifically, for the short list of most promising transactions in the transport sector, identification of how much public funding is needed, and the timing of commitment of that funding should be done. To feed into the budget function, and give clear examples of public funding in action in PPP, a series of the most promising PPP transactions in the target sector will be identified and analyzed, to provide a 4
5 very specific agenda of activities to be performed to bring those projects to market and to implementation, the amount of public funding needed to invest in those activities and the timing of associated public expenditures. IV. DELIVERABLES Consultant outputs must be practical materials and processes, designed to support the institutions above, in particular the PMO, POPC, FU (with a focus on the PPPFF), CU, MoT PPP node, Ministry of Works (MoW) PPP node, TANROADS, Tanzania Ports Authority (TPA), Tanzania Airports Authority (TAA), and Rail Company (RaCo) PPP nodes. The consultants will need to work closely with the relevant government agencies to ensure government ownership. The consultants as a minimum will provide: 1. A proposed Government strategy and operational guidance on how to select transactions that should be implemented through PPP (to support POPC, PMO, CU and FU). The strategy will be a high level document setting out principles of PIM and how they will apply to selecting projects to be implemented through PPP, developed with the PMO, POPC and MoF, in consultation with key line ministries. This strategy will then be developed in detail, providing specific operating guidance to the different entities involved in the PIM and PPP process on implementation of the strategy and how that process fits with other Government processes. These guidelines will form part of the PIM manual that is to be developed under PER 13, with practical, step-by-step and easy to digest instructions on tasks, deliverables, time-lines and coordination needs amongst the different stakeholders. This work will be closely coordinated with the consultant preparing the PIM manual. A workshop will be held with key stakeholders to review the draft strategy and operational guidance. 2. Operational guidance for creation of the PPP Facilitation Fund (PPPFF); as mentioned above the PPPFF is to be a conduit for providing public funding for PPP transaction preparation and implementation. This guidance will address all key areas for consideration in creating the PPPFF including but not limited to: governance of the PPPFF, allocating public funds for PPP transactions, how and when CAs apply for such funding, how PPPFF assesses the transactions, how PPPFF decides to which projects it should allocate funding, how much and what type, where it will be located, how it will access funding, procedures for CAs to make applications to the PPPFF and support of other activities such as capacity 5
6 building within the Units, PPP Nodes in line Ministries and other stakeholders. The guidance will put forward a simple and practical design for the PPPFF. The draft design will be shared through a workshop with key stakeholders, to obtain feedback and refine the design. Further to the final design, a final operations guidance will be delivered along with an information memorandum of pages explaining the PPPFF for potential funders and beneficiaries. 3. A communication strategy to inform the public about PPP, the Government s program and the impact of PPP on their lives and quality of life. This strategy will be detailed and practical, with a specific, costed action plan for the next three years. A workshop will be held with key stakeholders to review the draft strategy and action plan. 4. Review of transport sector potential PPP transactions through the application of the criteria discussed above. Assess level of preparedness of each such project, considering compliance with the PPP Law and PPP Regulations, and provide guidance to the contracting agency on what is required to bring the project up to compliance with the criteria and legal requirements, and to take the project forward through to financial close, including a detailed action plan identifying all key stakeholders and what needs to be done when. The consultants will provide ToRs for the work to be done on the transactions, including feasibility and transaction implementation. As part of this assessment, the Consultants will identify transactions that would use public funds most efficiently. The results of this review will be delivered and debated through a workshop with the MoT, MoW, CU, FU, and relevant agency (TPA, TAA, RaCo, and TANROADS) staff and other key stakeholders. Through this discussion, a short list of 10 priority projects will be agreed. 5. In relation to this short list of transactions, and in addition to preparing prefeasibility studies for each project, prepare up to 20 page information memorandum explaining the project as to why it is an attractive opportunity while assessing honestly and responding to key project risks, a detailed time table of public expenditure requirements will be created, indicating when and in what amounts such public capital injections will be needed to implement the project successfully. This analysis is important as part of fiscal risk assessment. Basic financial models will be created for each such project in order to identify the public capital injections needed and to understand the assumptions that go into this calculation to help the central PPP agencies (PPPFU, PPPCU, PMO and 6
7 POPC) in analysis of future projects. This program of public funding will help inform the budgeting process. 6. Design of a Government/Development Partner operation to support the different aspects of the PPP agenda in a holistic manner. This will include: a. Support for the central PPP agencies (CU, FU etc), including technical support for project review and preparation, communications, and monitoring and evaluation b. Support for the PPP units created in different line Ministries, including technical support for project preparation, communications, implementation c. Capacity building across Government and the private sector V. Budget and procurement The limit for such a tender is $175,000 for the entire contract (fee and reimbursable) but it is expected that this study can be carried out for less. The composition of the team of consultants; the mix between international and local experience; the exact number of days spent in Tanzania and the price will be part of the bidding. VI. Expertise The proposed team should collectively have the following qualifications: Senior level international expertise (at least 15 years) of Transport PPP project implementation across the sector Senior level expertise (at least 10 years) in public investment management Financial modeling of PPP transactions Local knowledge of GoT operations and processes, knowledge of relevant local data. Fluency in Kiswahili will be an added advantage Furthermore, the team should have proven experience in carrying out similar analyses. VII. TIME FRAME This PER 13 program represents a multi-year undertaking, with the work under these ToRs being only the first phase. The procurement of consultants will commence 7
8 immediately after approval of the ToRs. All deliverables shall be in the English language. The task should be completed no later than August 2013, but preferably earlier. The team should be ready to present and discuss findings at a PER workshop. In case of international consultants, at least two field visits to Tanzania of at least two weeks is envisaged. Key milestones for these ToRs are set out below, assuming these activities commence immediately and are implemented efficiently. Task Timing 1 Allocation of funding March Procure consultants May Draft operational guidance on how to June 2013 select which projects should be implemented through PPP. 4 Draft Operational guidance for June 2013 establishment of the PPP Facilitation Fund (PPPFF) 5 Draft communication strategy June Communication strategy disseminated July Operational guidance for the PPP July 2013 Facilitation Fund (PPPFF) 8 Operational guidance for POPC, PMO, CU July 2013 and FU on how to select which transactions should be implemented through PPP. 9 Draft review of transport sector potential transactions resulting in a short list of priority projects. July Completed review of transport sector July 2013 potential transactions resulting in a short list of priority projects. 11 Draft time table of public expenditure July 2013 requirements for short list of transport transactions and ToRs for project implementation 12 Draft design of a Government/ July 2013 Development Partner operation to support the different aspects of the PPP agenda in a holistic manner 13 Detailed time table of public expenditure August 2013 requirements for short list of transport 8
9 Task transactions and ToRs for project implementation 14 Design of a Government/Development Partner operation to support the different aspects of the PPP agenda in a holistic manner Timing August
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