Regional : Enhancing Public–Private Partnership Project Development through Legal Support for ADB Transaction Advisory Services in Asia and the Pacific

Sovereign Project | 49271-001

The TA will focus on providing specialist legal support for TAS transactions. Activities of legal nature which typically form part of OPPP's TAS include (but are not limited to) legal due diligence, risk allocation, transaction structuring, drafting of bid documents including instructions to bidders, concession agreement, and others, and negotiating with potential bidders on transaction terms. The outputs will focus on information needed by the DMC client to develop bankable PPP projects. Based on the initial size and term of the TA and the costs of hiring from a limited pool of international law firms with the highly-specialized experience in project finance and PPP, including in the developing markets, it is expected that the TA can support one to two TAS transactions. In most cases, ADB will require support from an international law firm and a local law firm (although in most cases, ADB will rely on the international law firm to recruit and select its local law partner depending on the jurisdiction).

Project Details

  • Project Officer
    Yew, Rachel
    Office of Public-Private Partnership
    Request for information
  • Country/Economy
    Regional
  • Modality
  • Sector
    • Multisector
Project Name Enhancing Public–Private Partnership Project Development through Legal Support for ADB Transaction Advisory Services in Asia and the Pacific
Project Number 49271-001
Country / Economy Regional
Project Status Active
Project Type / Modality of Assistance Technical Assistance
Source of Funding / Amount
TA 9110-REG: Enhancing Public"Private Partnership Project Development through Legal Support for ADB Transaction Advisory Services in Asia and the Pacific
Technical Assistance Special Fund US$ 1.30 million
TA 9110-REG: Enhancing Public"Private Partnership Project Development through Legal Support for ADB Transaction Advisory Services in Asia and the Pacific (Supplementary)
Technical Assistance Special Fund US$ 3.00 million
TA 9110-REG: Enhancing Public"Private Partnership Project Development through Legal Support for ADB Transaction Advisory Services in Asia and the Pacific (Supplementary)
Technical Assistance Special Fund US$ 700,000.00
Strategic Agendas Inclusive economic growth
Drivers of Change Private sector development
Sector / Subsector

Multisector / ADB's corporate management, policy and strategy development

Gender No gender elements
Description The TA will focus on providing specialist legal support for TAS transactions. Activities of legal nature which typically form part of OPPP's TAS include (but are not limited to) legal due diligence, risk allocation, transaction structuring, drafting of bid documents including instructions to bidders, concession agreement, and others, and negotiating with potential bidders on transaction terms. The outputs will focus on information needed by the DMC client to develop bankable PPP projects. Based on the initial size and term of the TA and the costs of hiring from a limited pool of international law firms with the highly-specialized experience in project finance and PPP, including in the developing markets, it is expected that the TA can support one to two TAS transactions. In most cases, ADB will require support from an international law firm and a local law firm (although in most cases, ADB will rely on the international law firm to recruit and select its local law partner depending on the jurisdiction). This TA focuses on legal consultants and firms because in a typical TAS mandate, the majority of consultant costs will come from the international law firm, thus additional financial support is needed.
Project Rationale and Linkage to Country/Regional Strategy The proposed capacity development technical assistance (TA) will directly contribute to pillar 3 of ADB's PublicPrivate Partnership Operational Plan, 20122020 by supporting ADB's transaction advisory services (TAS). Following the Midterm Review of Strategy 2020, ADB's Office of PublicPrivate Partnership (OPPP) was established in which ADB's TAS function is centralized. Transaction advisory encompasses ADB providing transaction advice directly to its developing member countries (DMCs), including specialized legal support which will require specialized legal consultants in the form of international law firms and local law firms. Concept clearance for this TA was received on 26 November 2015
Impact

Increased delivery of infrastructure for poorly serviced populations in DMCs in the next 5 7 years

Project Outcome
Description of Outcome

Increase in number of awarded PPP transactions

Progress Toward Outcome
Implementation Progress
Description of Project Outputs

Legal and other transaction supports as required by transaction advisory services mandates

Status of Implementation Progress (Outputs, Activities, and Issues)
Geographical Location Regional
Summary of Environmental and Social Aspects
Environmental Aspects
Involuntary Resettlement
Indigenous Peoples
Stakeholder Communication, Participation, and Consultation
During Project Design
During Project Implementation
Responsible ADB Officer Yew, Rachel
Responsible ADB Department Office of Public-Private Partnership
Responsible ADB Division Office of Public-Private Partnership
Executing Agencies
Asian Development Bank
Timetable
Concept Clearance 26 Dec 2015
Fact Finding -
MRM -
Approval 28 Apr 2016
Last Review Mission -
Last PDS Update 13 May 2016

TA 9110-REG

Milestones
Approval Signing Date Effectivity Date Closing
Original Revised Actual
28 Apr 2016 - 28 Apr 2016 30 Sep 2019 31 Dec 2026 -
Financing Plan/TA Utilization Cumulative Disbursements
ADB Cofinancing Counterpart Total Date Amount
Gov Beneficiaries Project Sponsor Others
5,000,000.00 0.00 0.00 0.00 0.00 0.00 5,000,000.00 25 Sep 2023 2,447,725.31

Project Data Sheets (PDS) contain summary information on the project or program. Because the PDS is a work in progress, some information may not be included in its initial version but will be added as it becomes available. Information about proposed projects is tentative and indicative.

The Access to Information Policy (AIP) recognizes that transparency and accountability are essential to development effectiveness. It establishes the disclosure requirements for documents and information ADB produces or requires to be produced.

The Accountability Mechanism provides a forum where people adversely affected by ADB-assisted projects can voice and seek solutions to their problems and report alleged noncompliance of ADB's operational policies and procedures.

In preparing any country program or strategy, financing any project, or by making any designation of, or reference to, a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.


Safeguard Documents See also: Safeguards
Safeguard documents provided at the time of project/facility approval may also be found in the list of linked documents provided with the Report and Recommendation of the President.

None currently available.


Evaluation Documents See also: Independent Evaluation

None currently available.


Related Publications

None currently available.


The Access to Information Policy (AIP) establishes the disclosure requirements for documents and information ADB produces or requires to be produced in its operations to facilitate stakeholder participation in ADB's decision-making. For more information, refer to the Safeguard Policy Statement, Operations Manual F1, and Operations Manual L3.

Requests for information may also be directed to the InfoUnit.

Tenders

No tenders for this project were found.

Contracts Awarded

Contract Title Approval Number Contract Date Contractor | Address Executing Agency Total Contract Amount (US$) Contract Amount Financed by ADB (US$)
Capacity Development Technical Assistance Technical Assistance 9110 15 May 2023 Kosta Legal Law Firm (UZBEKISTAN) | 40a, Mustaqillik ave., Tashkent 100000 Uzbekistan Asian Development Bank 253,000.00

Procurement Plan

None currently available.