Concession Contracts/Agreements Expert

Background

Liberia’s natural resources continues to be a major source of hope for inclusive economic growth and development, as well as social transformation. The management of these natural resources however has come under scrutiny through the role of Foreign Direct Investment (FDI) concessionaires, whose operations were meant to generate employment and stimulate local economy. The sobering reality however is that concessions have not lived up to the expectations of the key stakeholders – the Government of Liberia, the investors, and the Project Affected Communities (PACs). While the decline in global commodity prices since 2011 has undermined revenues, progress in developing some of the concessions has been slow, particularly in the agriculture sector. Expected contributions to tax revenue and royalties from the investments have not been realized and local/community development spin-offs have not been delivered. Alongside these challenges, land concession conflicts and labour disputes associated with concessions continue to be a key driver of conflict.

The perennial inability of the Government to not only award concessions, but also to negotiate contracts that are beneficial to the country and then ensure implementation has come under criticism. Despite measures to enhance public contracting, including the enactment of the Public Procurement and Concession Act that established the Public Procurement and Concessions Commission, the establishment of the Liberia Extractive Industries Transparency Initiative and the National Bureau of Concessions, application of the legal and regulatory framework for the granting and management of concessions and implementation of this framework remains uneven, including performance monitoring to ensure full compliance.

With the election of George Weah as President, human development and a Pro-Poor agenda has assumed significance. Among his top priorities over the first 150 days is the review of all existing concessions agreements/contracts to establish the extent of legal compliance and enforcement of the terms and conditions, subject to the requirements of Liberian Law, and if not, to propose recommendations to address the default, and second, advise on prospective contracts to be signed. In this respect, the President has set up a Presidential Special Review Committee (the Committee) which has commenced work. The Minister of State for Presidential Affairs (Office of the President) has requested UNDP technical support for the work of the Committee.

Toward this end and to support Government’s effort aimed at accelerating economic development, and in cognizance of the new government’s pro-poor governance agenda, UNDP is seeking the services of an independent expert through a 6-month consultancy to support the imperatives of the Committee. 

Duties and Responsibilities

UNDP intends to engage an International Expert to assist the SRC to review the extent of compliance and enforcement of the terms and conditions of the concession contracts and agreements and advise on prospective contracts to be signed. The agreements/contracts and the recommendations should include those for which there were or are ongoing disputes.

Working in coordination with other experts and the Government staff, the International Expert will be responsible to:

• Provide expert advice on infrastructural, agricultural, mining and energy concession contracts/agreements
• Analyze proposed investments, identify and support key government stakeholders, while defining targets and benchmarks, outlining opportunities and benefits to the people and nation, and identifying any critical issues as they emerge

On the basis of the above-review: design and put in place a consensus building process whereby involved parties, including Government, Concession holders, and communities may acknowledge, and if necessary remedy procedural and substantive deficiencies in the awarding and implementation of the concessions under review; and determine if further actions are required by the government to ensure compliance and validity of the concessions.

• Represent the Government with its infrastructural, agricultural, mining and energy needs in front of the American federal government
• Provide policy advisory services on concessions to the office of the Legal Advisor
• Conduct analysis and research on potential partners, identify possible areas of cooperation and opportunities for initiation of new projects
• Vet in-coming companies, highlighting challenges or risks associated with investments, in particular, asset-specific risks and asset class risks
• Analyse all financial models, both in the feasibility studies and in proposals submitted as part of the competitive bidding process to ensure that the projects are affordable, financially sound and sustainable with appropriate risk allocation
• Advise line ministries and other government entities on the feasibility studies required in order to demonstrate contract/agreement viability
• Develop an interactive web-based Management Information System tool
• Maintain regular communication and cooperative relationship with relevant line Ministries, implementing agencies and other stakeholders to provide comprehensive regular update, advise on project developments and provide recommendations for action
• Establish and maintain strategic partnerships and resource mobilization with bilateral and multi-lateral partners to achieve the President’s agenda
• Perform such other tasks as assigned by the Legal Advisor as may become necessary

While performing the Assignment, the Independent Expert(s) is expected to work alongside relevant government entities such as the Liberia Extractive Industries Transparency Initiative (LEITI), Ministry of Lands, Mines and Energy, the Inter-Ministerial Concessions Committee and the National Bureau of Concessions. 

Some adjustments to the specific tasks may be proposed by the independent expert(s) for approval by the Committee.

The objective is to support the conduct of a review of concessions contracts and agreements and advise on prospective contracts to be signed with a view to improve: (i) the overall business environment, (ii) the financial and economic results for the government and people of Liberia, and (iii) the commercial attractiveness and investment environment of the sector.

Expected deliverables

• Appropriate methodology, timelines from desk review and inception report including preliminary observations and critical issues  3 weeks 10%
• Expand Liberia’s political and economic outreach to key members of the US Congress and the Executive branch  4 weeks 30%
• Analyze proposed infrastructure, agriculture, mining and energy investments, vet in-coming companies, highlighting challenges or risks associated with investments, in particular, asset-specific risks and asset class risks 6 weeks 25%
• Review key terms of community-investor lease and benefit sharing agreement related to concession agreements/contracts, and provide recommendations for reform  5 weeks 15%
• Conduct stakeholder consultations including discussions with companies and GoL entities; identify capacity building and training programs to remedy the identified gaps and weaknesses in government and other stakeholders’ capacity to implement and enforce the terms and conditions  4 weeks 20%
• Submission of final report with recommendations for (i) non-compliance issues that can be resolved through consensus building process to allow the concession holder to become compliant within a time frame and (ii) resolution of any other identified issues of non-compliance 4 weeks  10%

Competencies

Corporate Competencies

• Demonstrates integrity by modelling the UN values and ethical standards 
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
• Treats all people fairly without favouritism
• Excellent analytical and organisational skills

Functional CompetenciesKnowledge Management and Learning

• Promotes a knowledge-sharing and learning culture
• In-depth knowledge of development issues
• Ability to provide and advocate for policy advice
• Actively works towards continuing personal learning and successfully applies newly acquired skills

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply.  All applications will be treated with the strictest confidence.

Required Skills and Experience

Education:  

• Advanced degree or higher in fiscal policy, public administration or other closely related field;

Experience:  

• At least 10 years of relevant work experience in financial analysis and planning, project management, development management, investment appraisal, risk management, infrastructural management, involvement in concessions, and familiar with concessions/contracts trends and best international practices;
• Experience in the large-scale agricultural, energy, mining and infrastructure investments;
• Experience with Federal advocacy work;
• Strong familiarity with the Liberian context is highly desired;
• Experience with local counterpart partnering is necessary;
• Excellent communication and presentation skills;
• Excellent negotiation and advocacy skills and experience in coordinating and maintaining synergy with development partners;
• Experience in the usage of computers and office software packages, experience in handling of web based management systems;
• Possesses proven ability to analyze from a global perspective, with the ability to offer practical policy advice on economic issues based on local realities;
• Uses Information Technology effectively as a tool and resource.

Languages: Fluency in written and spoken English is required.

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

Technical proposal:

•  Explaining why they are the most suitable for the work;
• Providing brief methodology on how they will approach and conduct the work.
• Personal CV including past experience in similar projects and at least 3 references (please use the UNDP P11 form provided in Annex 2 @ the following links) http://www.lr.undp.org/content/liberia/en/home/operations/procurement/? ;http://procurement-notices.undp.org/).

Financial proposalThe financial proposal shall specify a total lump sum amount. Payments will be made to the Individual Consultant based on specific and measurable deliverables as specified in the TOR upon completion of the deliverables.In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days). Please use the Financial Proposal Form provided in Annex 3 for the submission of your financial proposal @ the following links) http://www.lr.undp.org/content/liberia/en/home/operations/procurement/? ;http://procurement-notices.undp.org/).

TravelAll envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel.  In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources.In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.

Individual consultants will be evaluated based on the following methodology:

Cumulative analysis

The award of the contract will be made to the individual consultant whose offer has been evaluated and determined as:

• Responsive/compliant/acceptable; and
• Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

* Technical Criteria weight: 70%;* Financial Criteria weight: 30%;

Only candidates obtaining a minimum of 70% of the maximum points would be considered for the Financial Evaluation

Criteria Weight  Max. PointTechnicalRelevance of Academic Qualifications 10.5% 15;Professional Experience in similar projects 24% 35;Appropriateness of proposed methodology for the requirements 30% 20;Adequacy of competencies and skills 10% 7;Financial 30 points x price of the lowest price proposed / price of proposal 30%.