Refinement of Rules and Regulations Drafted under the Khyber Pakhtunkhwa (KP) Public Private Partnership Act 2020 along with a Rapid Institutional Review of KP Public Private Partnership Support Unit (PPP SU)
A consulting firm of repute needs to engage a team of consultants for this short-term assignment in one of its co-managed projects.
Scope of Work Summary:
The Government of Khyber Pakhtunkhwa (KP) envisions a conducive business environment for attracting investment in its various sectors for the economic revival and generating the employment opportunities for the local population through public private initiatives. Under the provincial government vision, a robust public private partnership Act 2020 has been enacted for ensuring investment in various projects worth PKR 400 billion covering various projects pivotal for the economic activities[1]. The Public Private Partnership Act 2020 aims at simplifying rules and regulations for cohesive partnership and to promote the effective, efficient and sustainable delivery of the PPP program in the province. However, the Act requires a review for synchronizing the Government vision and overcoming gaps for utilizing the partnership opportunities which the province provides for national and international investors.
Under this consultancy, the recently drafted rules and regulations under the Public Private Partnership Act 2020 will be evaluated and refined. A comparative analysis with the PPP Act of the other provinces (Punjab, Sindh) will be undertaken along with a scan of the best international practices for PPP implementation. Among the many benefits that PPPs can bring, PPPs can build local capacity and expertise (resulting in more cost efficiencies), encourage increased competition, and create opportunities for broader economic growth. To enjoy such benefits, involving small and medium enterprises (SMEs) in PPPs is key. This aspect will be particularly looked into to ensure that the rules thus formulated by the KP Government are pro-SME.
1. Position Title & Department:
This consultancy assignment will require the following team.
- Legal Expert- Team Lead
- Public – Private Partnership Expert
- Institutional Expert
2. Specific Tasks of the Consultants:
The specific tasks under this consultancy include;
- Review background literature on the subject to understand the intent, provisions and implementation arrangements for the PPP Act 2020.
- Conduct a comparative analysis of the KP Act and other provinces especially Punjab and Sindh to better understand the gaps that need to be bridged by subordinate Rules and Regulations.
- Identify international best practices for effective implementation of the PPP regime that informs the development of sub statutory legislation under the PPP Act 2020.
- Meet with relevant stakeholders from the PPP Support Unit and P&DD and other private sector players including SMEs to assess the technical viability of the rules thus developed, particularly in light of sensitizing these to SMEs inclusion
- Conduct a comparative analysis of the institutional framework in place for planning and managing projects under PPP modality in KP, Punjab and Sindh to make broad recommendations for structuring the PPP Support Unit, including arrangements for bringing Transaction Advisors on-board.
3. Job Qualifications
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Consultant
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Person Specifications
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Level of Effort
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Legal Expert
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- A lawyer by profession, with an experience of at least 15 years, especially pertaining to the analysis and drafting of laws, rules, regulations, by-laws.
- The candidate should preferably have prior experience in drafting legislation or providing legal advisory services in the area of PPP in Pakistan and an understanding of international best practices in the subject area.
- Previous experience of working with USAID projects in the area of economic growth will be preferred
- Previous experience of working with the KP government will be preferred
- Good communication and report writing skills
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40 person days
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Public Private Partnership Expert
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- Completed 16 years of education in Economics, Business Studies, or related fields
- Minimum 10 years of experience in the field of public private partnerships and transactions.
- Demonstrated experience in financial and economic analysis, risk assessment & allocation, contract design and tender documentation
- Strategic-thinking professional with strong communication and report writing skills
- Understanding of the SME dynamics in Pakistan
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30 person days
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Institutional Expert
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- Completed 16 years of Education in Economics, Public Policy, Public Administration, or equivalent, from a reputed national or international university
- At least 10 years of experience in undertaking research on capacity building and institutional development in Pakistan
- Good understanding of the current business environment, macro-economic framework and the corresponding institutional arrangements at the federal and provincial levels
- Experience in conducting capacity needs assessments for public and private institutions would be preferred
- Good understanding of the constraints faced by the institutions at the federal and provincial levels
- Previous experience of working with USAID projects in the area of economic growth will be preferred
- Experience of working with donor projects in the SME space will be an advantage
- Excellent communication and report writing skills
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40 person days
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4. Duration of the Assignment:
Spread over a period of 3 months, this job is planned to take place on, or around, September 20, 2020 and end on, or around, December 31, 2020 (subject to date of mobilization of consultants).
Detailed Scope of Work is attached with this advertisement.
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