Senegal: PPP Expert in Solid Waste Management

Objectives/Purpose of the Assignment

The main objective of the assignment is to support & frame UCG to set up an optimal legal arrangement from the point of view of the public authority and investors and assist the selection of a private partner for the realization the project.

The consultant will carry out a comparative analysis of integrated business models of pretreatment, recycling, and material recovery of waste in a similar situation and transposable to the specific context of Touba.

The private operator must be a specialist in the recycling of materials offering complete solutions for the pre-treatment of solid urban waste.

More specifically, the Consultant is in charge of following legal issues including but not limited:

• Review the relevant legal and institutional framework for the project implementation
• Define an optimal contractual arrangement of the transaction in alignment with national governing law (adopted in December 2020)
• Define an optimal contractual arrangement of the transaction
• Develop a draft of the PPP contract and all the legal documents required for the transaction ;
• Ensure the legal security of the contractual arrangement to avoid any challenge to the procedure;
• Assist the UCG in the negotiations before the contract signing ;
• Provide any legal advised that may be required by UCG

The Consultant will carry out the assignment based on the documentation available and in coordination with the potential technical committee which be taken place by the Government.

Scope of Work

The PPP Expert's assignment will focus on supporting the Solid Waste Management Unit (UCG) for the selection of the private operator responsible for the operating of the intermediate waste treatment facilities in Touba (PRN & CRC) according to an PPP procedure. S/He will support the procurement procedure. S/He will be a legal advisor for UCG. The transaction strategy adopted for contractualization with a private operator will be structured around the following 3 stages. The Consultant, for this step, shall carry out the following tasks:

(1) Definition of the transaction strategy

• Desk review of the legal framework and other relevant provisions

The Consultant will first conduct an in-depth analysis of the reports and any other existing documents available to make recommendations on the transaction strategy. In particular, the consultant will review the specifications approved by UCG for the purposes of the procedure. After this analysis, the Consultant will prepare a general briefing note on procedures and recommendations.

• Benchmarking on contractual approaches of waste management infrastructure in similar context.

The consultant will carry out a comparative analysis of contractual approaches and / or integrated business models of pretreatment, recycling, and material recovery of waste in a similar situation and transposable to the specific context of Touba.

• Develop a strategic note for presenting an analysis of the procedure and recommendations on all legal issues of the procedure.

The Consultant will define the method for selection of the private partner responsible for operating the intermediate waste treatment facilities in Touba (PRN & CRC) and the procedure workplan. 

(2) Preparation of tender documents

• Preparation of tender dossier's regulation
• Elaboration of a draft / final PPP Contract and other tender documents

 The Consultant will develop a draft agreement that will cover, among other things, the following:

• Purpose of the concession;
• Duration of contract, transfer at the end of the concession, early termination for the dealer's fault, the fault of the license or the case of force majeure;
• Definition of Force majeure;
• The regime and status of the concession's assets;
• Responsibilities and risk sharing between the parties;
• Dealer and licensee obligations to third parties and users;
• Work regime (conditions for the execution of the work, receipt of the work carried out by the dealer, etc.);
• Rules for operating the waste disposal centers;
• Rules on the organization of the service granted (regulations, staff and dealer agent, etc.);
• Financial stipulations (modalities and conditionalities of private remuneration, taxes and surcharges, financial conditions of the operation of the service granted, other mechanisms for remuneration and participation in profit surpluses possibly);
• Objectives performance, targets, quality of service, safety, user services, etc.
• Concession control rules, licensee control, dealer disclosure and audit obligations;
• Guarantees of a good end to the work and a guarantee of performance;
• Government buyout clause;
• International arbitration clauses.

The draft Contract proposed by the Consultant must cover all the questions to ensure the optimal security of the contract that will be signed with the private operator. The Consultant will also assist the Agreement for the development of all the documents necessary for a good conduct of the procedure, including the decree authorizing the launch of the procedure.

(3) Provide assistance in the process of ratification procedure and the negotiation and contractualization

The Consultant will offer the UCG, during the various phases of the procedure, the necessary assistance, to carry out negotiations with the private operator to achieve an optimal contractual arrangement for the public authority.

Output/Reporting Requirements/Deliverables

All reports must be in French and English (United States usage), prepared in accordance with GGGI’s formatting requirements, and submitted in electronic formats along with complete sets of raw data, research materials, and related information. An executive summary in English and French should be included.

Qualifications/Experience/Expertise

• Master's degree in Business Administration, Business Law, Finances, and other relevant fields.
• Preferably more than  ten (10) years of experience in the design and management of public - private partnership projects
• Preferable more than eight (8) years of experience in infrastructure development through PPP; preferably in countries in development, including in policy development, management of the legal and institutional framework as well as technical and financial aspects of projects.
• Demonstrated experience in structuring and negotiating PPP contracts, ideally in the fields of waste management;
• Good understanding of strategic and regulatory issues around PPPs in Senegal
• Good knowledge of PPP regulation including legislation and decentralization in developing countries.
• Good knowledge of the institutional, political/economic context, and public infrastructure projects
• Good knowledge of corporate law, taxation, and finance (legal and tax aspects of the arrangements, risk management)
• Knowledge of financial markets (equity, senior debt, subordinated debt)

Documents to be submitted (Online application)

• Curriculum Vitae (CV)
• Cover letter
• Proposed one‑page work plan, indicating applicant’s understanding of the TOR; approach to the assignment; the indicative timeline to achieve deliverables. 

Additional Information

• Contract value: up to USD 20,000 (dependent on qualifications) with approx. 100 working days 
• Contract duration: April 2021 till December 2021
• Applications to vacancies must be received before midnight Korea time (KST) on the closing date of the announcement. 

Child protection – GGGI is committed to child protection, irrespective of whether any specific area of work involves direct contact with children. GGGI’s Child Protection Policy is written in accordance with the Convention on the Rights of the Child.