Specialized Lawyers
2 weeks ago
Review the existing legal framework and to suggest minimum modifications to ensure that there are no legal obstacles to the execution of public-private partnerships in the short term and develop model agreements / templates;
- Review and assessment of current and proposed legislative arrangements and drafting The following issues must be addressed in clear and concise manner in any legislative arrangements:
- What would be the characteristics and features of the partnership between the public and private sector parties
- Review the international experience in drafting PPP legislations and filter out issues that are relevant to Afghanistan.
- Examine the current relevant laws and evaluate the need for a separate PPP Law.
- Examine the current law and evaluate whether Regulations under the Act could be drafted for PPPs in place of a new Law.
- Application of the Law: Definition of a PPP; and a PPP agreement.
- Definition of parties to a PPP agreement (who qualifies as a public party and who qualifies as a private party)
- Compensation of the private party
- Institutional structure
- PPP project life cycle
- Procurement rules - procedures for preparing, tendering and implementing PPPs(process, structure, transparency, competitiveness)
- Security provided to the private parties
- Government support / contribution to PPPs
- Government’s fiscal management for PPPs
- Monitoring of PPP projects
In addition to reviewing the legal legislative arrangements, the consultant will be also responsible for:
- Development of PPP contract Templates
- Development of PPP RFP template
**Requirements**:
- Bachelor’s degree in Law.
- Additional certification or license may be required.
- Experience in a similar role is recommended.
- Experience working as part of a team.
- Excellent attention to detail and problem-solving skills.
- Ability to follow instructions and collaborate with others.
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