SPN Gender Cap Bldg Consultant

Country: Indonesia
City/Locality: Jakarta
Project: Procurement Modernization Project
Name of the Assignment: Legal Advisor for Public Private Partnership (PPP) Procurement and
Contract No.: PM-B-005
Submission Deadline: December 15, 2014, 15:00 p.m.
Funding Agency: Millennium Challenge Corporation
Buyer: Millennium Challenge Account - Indonesia (MCA-Indonesia)
1. The United States of America acting through the Millennium Challenge Corporation (“MCC”)
and the Government of the Republic of Indonesia (the “Government”) have entered into a
US$600,000,000 Compact for Millennium Challenge Account assistance to help facilitate poverty
reduction through economic growth in Indonesia through three projects: the Green Prosperity
(“GP”) Project; the Community-based Nutrition to Reduce Stunting Project; and the Procurement
Modernization (“PM”) Project. The Government of Indonesia, acting through the Millennium
Challenge Account Indonesia (“MCA-Indonesia”), intends to apply a portion of MCC
funding to eligible payments under a contract for which this Request for Qualifications is
issued. Any payments made under the proposed contract will be subject, in all respects, to
the terms and conditions of the Compact and related documents, including restrictions on the
use and distribution of MCC funding. No party other than the Government and MCAIndonesia shall derive any rights from the Compact or have any claim to the proceeds of MCC
Background to the Assignment
2. Public Private Partnership (PPP) has been chosen as the mainstream approach in developing
infrastructure in Indonesia. In the early 1990s, Indonesia started to allow private sector
participation in the infrastructure sector, but only economic infrastructure. By 1997, it had
attracted over US$20 billion in investment, dominated by electricity (US$10.2 billion), telecoms
(US$8.4 billion), and transport (US$2.1 billion). These earlier PPPs were implemented under a
less transparent legal and regulatory approach. As PPPs elsewhere became much more
competitive, and partly as a consequence of the Asian financial crisis, the Indonesian government
decided a better framework was necessary if it should compete with other countries in attracting
foreign direct investments. Consequently, the GoI initiated a program to develop such a
framework, the culmination of which was Presidential Decree (Keppres) 7/1998. However,
Keppres 7/1998 was overtaken by the Asian crisis.
In 2005, with the assistance from the World Bank, Presidential Regulation (PerPres) 67/2005,
replacing Keppres 7/1998, was issued as part of a renewed effort to spearhead PPP in Indonesia.
PerPres 67/2005 is a landmark in the Indonesian legal and regulatory landscape. Since then,
Indonesia has continued its efforts to strengthen the Legal and Institutional Framework for
promotion of PPPs. To mention a few milestones, Indonesia has updated and amended PerPres
67/2005 with PerPres 13/2010 and PerPres 56/2011 and PerPres 66/2013. In addition, the
Government has developed a cross-sector operational guidelines manual (OGM) to enable
agencies in the country to better understand the procurement process and related requirements
posed by the PPP cycle.
Objectives of the Assignment
MCA-Indonesia seeks a Legal Expert as a National Advisor to assist the Strategic Advisor of
MCA-Indonesia advising LKPP in the development of PPP Procurement Policies and Procedures
and to refine the procedures before finalizing and developing a training program to be included
within the Human Capacity Development Program of the MCC-funded Procurement
Modernization Project.
Scope of Work
4. The purpose of this consultancy is to provide legal advisory services to the Strategic Advisor
advising LKPP on PPP Procurement and Procedures. In addition, the activity will prepare PPP
Procurement Guidelines with a strong focus on the proper communication to relevant
stakeholders including Ministry of Finance (MoF) and affiliated entities such as KKPPI next to
activities related to capacity building of the Guidelines and amendments suggested for the
Procurement Procedures.
The detailed tasks and responsibilities are described in the Terms of Reference.
5. Interested Individual Consultants will be evaluated based on the following qualifications:
The consultant must have the following mandatory qualifications:
 A Masters or JD in law.
 Minimum of 6 years of legal professional experience related to PPP Procurement in a
reputable law firm. Specialization in corporate finance and/or project finance or PPPs is
required. It is important that the nature and scope of the applicant’s role and responsibility in
PPPs in Indonesia is clear in his/her statement of experience.
 Excellent legal and PPP Procurement drafting skills with respect to large, complex PPP
 Acquaintance with relevant Indonesian Public Institutions empowered to promote PPPs.
 Fluency in English and Bahasa Indonesia.
In addition to the minimum criteria above the following qualifications are desirable:
 Legal advisory experience with an international law firm or, donor agencies with a focus on
PPPs would be preferable or with public sector including relevant PPP institutions driving
PPPs in Indonesia.
 Proven legal track record in successfully advising on PPP Procurement Procedures;
experience as a legal advisor supporting a PPP project is preferred.
 Experience working with the PPP Procedures implemented by the Indonesian Government
highly desirable.
 Excellent stakeholder management skills, ability to confidently work with senior public
 Excellent business writing and presentation skills and verbal communication skills (in
Duration and Place of Performance
6. The contract base period will be from the effective of the contract until 15 September 2015. It is
expected to be part-time level of effort of 4 man-months. The Consultant will be expected to be
generally based in Jakarta, however, travels within the country in areas that need to be selected
conducting the gap analysis and to conduct stakeholder consultations may be expected.
The specific time periods will be agreed between MCA-Indonesia, and the selected Consultant. It
is anticipated to extend on a yearly basis until the end of the Compact (1 April 2018). The level of
service will potentially be subject to increase or remain stagnant for each of the three options
years hinging upon the number of transactions to be launched. The level of service will be subject
to negotiation between the parties when the options are exercised.
How to Apply
7. MCA-Indonesia hereby invites interested Individual Consultants to
Application as per instruction below (Section 8).
8. Interested Individual Consultants shall submit the following (in English only):
Curriculum Vitae (“CV”), using the CV template provided by MCA-Indonesia,
detailing the consultant’s professional qualifications, areas of expertise, and experience
carrying out similar assignments.
Professional references (at least three (3) referees) with contact details, including a
valid email address.
Proof of all professional qualifications and work experience indicated in the CV may be
requested to the selected consultant.
Submission Date and Time
9. Interested Consultants shall submit their CVs as per instruction on Section 9 above to the
address below on or before December 15, 2014, 15:00 p.m., Jakarta local time. Envelope should
be clearly marked: “Adviser for Public Private Partnership (PPP) Procurement and
Procedures – PM-B-004”. Applications received after this date and time shall not be considered.
Electronic submissions are accepted.
10. Interested Consultants should register their interest and request a copy of the Terms of
Reference and the CV template at the address below.
11. To request clarification, the TOR, the CV template, and for submission of CVs, please use
the following address:
MCA-Indonesia, Procurement Agent
Menteng Raya-21 Building, 6th Floor
Jl. Menteng Raya No. 21
Jakarta 10340
Email address: [email protected]
Selection Process
12. An Individual Consultant will be selected following the Individual Consultant Procedures
as defined in the MCC Program Procurement Guidelines (available at the following Website:
13. Individual Consultants’ CVs and related documents will be evaluated to determine if they
meet the qualifications requirements stipulated in Section 6 (above). The education,
adequacy for the assignment and language requirements will be evaluated. A Consultant
shall be rejected if he/she fails to satisfy any of the mandatory requirements.
14. After the Evaluation of Qualifications, the Consultant that satisfies the mandatory
requirements and i s deemed the most qualified will be interviewed in person or by telephone
in order to confirm qualifications. References will also be checked. If the verification process
supports the initial findings, the most qualified Consultant will be requested to submit a
financial proposal and may be invited to negotiate the contract. Should negotiations fail with
the most qualified Consultant, MCA-Indonesia may, at its discretion, proceed to verify the
qualifications of the next highest ranked Consultant.
15. Final selection will be subject to a reasonableness analysis of the proposed fee. If verification is
not satisfactory and the proposed fee is not reasonable, negotiations may be terminated.
16. MCA-Indonesia is not bound to accept any of the CVs or other documents submitted, and
may cancel the selection process at any time without providing any justification to the
Bid Challenges
17. MCA-Indonesia shall entertain a bid challenge from any contractor, supplier, or consultant
that claims to have suffered or that may suffer loss or injury due to a breach of a duty by
MCA-Indonesia in the conduct of this procurement. MCA-Indonesia will be following the Bid
Challenge System available at the following Website: http://mca-indonesia.go.id/bidchallenge-system/, as required by the MCC Program Procurement Guidelines.
The bid challenge shall be addressed to:
J. W. Saputro
Executive Director
Menteng Raya-21 Building, 11th Floor
Jl. Menteng Raya No. 21
Jakarta 10340
Email address: [email protected]