Regulation Agency and Governance for Transport PPP Contracts

• Country: Brazil
• Summary: Regulation Agency and Governance for Transport PPP Contracts
• BRT Ref No: 50946843
• Deadline: 17 Mar 2021
• Financier: World Bank (WB)
• Purchaser Ownership: Government
• Tender Value: Refer Document
• Notice Type: Tender
• Document Ref. No.: 1273269
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• Description:
• Expression of Interest are invited for Regulation Agency and Governance for Transport PPP Contracts. REQUEST FOR EXPRESSION OF INTEREST FOR SELECTION # 1273269 This Request for Expression of Interest is for a Firm Selection. Please log in as a valid Firm User if you wish to express interest in this selection. Selection Information Assignment Title Regulation Agency and Governance for Transport PPP Contracts Publication Date 03-Mar-2021 Expression of Interest Deadline 17-Mar-2021 at 11:59:59 PM (Eastern Time - Washington D.C.) Language of Notice English Selection Notice Assignment Country BR - Brazil Funding Sources The World Bank Group intends to finance the assignment/services under: BB - BANK BUDGET TF0B3361 - Smart Metrorail Development in Brazil Individual/Firm The consultant will be a firm. Assignment Description SELECTION FOR CONSULTANTS BY THE WORLD BANK GROUP REQUEST FOR EXPRESSIONS OF INTEREST Electronic Submissions through World Bank Group eConsultant2 https://wbgeconsult2.worldbank.org/wbgec/index.html ASSIGNMENT OVERVIEW Assignment Title: 1273269 - Regulation Agency and Governance for Transport PPP Contracts Assignment Countries: - Brazil ASSIGNMENT DESCRIPTION The purpose of this study is to support the Government of Minas Gerais to create a strong governance system to the existing PPP contracts, with the goal of strengthening the regulatory framework and to deliver a better public service to the population. This study should support the structuring of a Regulatory Agency for Public Transport, that will be responsible for regulating all the PPP contracts involving several transport modes and related infrastructures (highways, railways, Metropolitan and intermunicipal bus lines, bus terminals, airports, and ferries), including the already existing and the future ones. FUNDING SOURCE The World Bank Group intends to finance the assignment / services described below under the following: - Smart Metrorail Development in Brazil ELIGIBILITY Eligibility restrictions apply: [Please type list of restrictions] INDIVIDUAL / FIRM PROFILE The consultant will be a firm. SUBMISSION REQUIREMENTS The World Bank Group now invites eligible firms to indicate their interest in providing the services. Interested firms must provide information indicating that they are qualified to perform the services (brochures, description of similar assignments, experience in similar conditions, availability of appropriate skills among staff, etc. for firms; CV and cover letter for individuals). Please note that the total size of all attachments should be less than 5MB. Consultants may associate to enhance their qualifications. Interested firms are hereby invited to submit expressions of interest. Expressions of Interest should be submitted, in English, electronically through World Bank Group eConsultant2 (https://wbgeconsult2.worldbank.org/wbgec/index.html) NOTES Following this invitation for Expression of Interest, a shortlist of qualified firms will be formally invited to submit proposals. Shortlisting and selection will be subject to the availability of funding. Only those firms which have been shortlisted will receive notification. No debrief will be provided to firms which have not been shortlisted. Attachments Optional TOR File Qualification Criteria 1. Provide information showing that they are qualified in the field of the assignment. 2. Provide information on their core business and years in business. 3. Provide information on the qualifications of key staff. * - Mandatory Shortlisted consultants will be invited to respond to a Request for Proposal. Contract awards will be made in accordance with the World Bank Group Procurement Policies and Procedures. THE WORLD BANK TERMS OF REFERENCE FIRM Regulation Agency and Governance for Transport PPP Contracts A. PROJECT BACKGROUND AND OBJECTIVES I. OVERVIEW 1. For many years, the State of Minas Gerais was at the forefront of publicprivate partnership activities and expertise. It was on of the first States in Brazil to celebrate this kind of contracts, such as the MG050 Highway in 2007. It was also pioneer at creating an adequate legal framework, even before the federal government did. Moreover, it created the governance model that has been replicated all over the country in the last decades, including the “PPP Unity”, a technical team for structuring new projects, and the “Partnerships Management Council”, a deliberative assembly. 2. Despite the glowing past in this area on this matter, Minas Gerais has lost its leadership in the national scene for last few years, due to a severe fiscal crisis, combined with sensitive political choices that hardly dissolved the existing system. In this context, the State was not able to develop an adequate system to provide effectiveness and legal certainty to the existing contracts. 3. The Secretariat of Transports and Mobility nowadays manage 2 highway PPP contracts, 1 regional airport contract, 1 ferry contract and intercity bus lines contracts. In addition to that, several projects are been structured in order to effectively change the whole logistics and management of infrastructure in Minas Gerais: 8 PPP substantial contracts for highways, 1 for a regional airport and multiple for railways. 4. Considering the great volume of existing PPP contracts on the transports area - and the many more to come - it is therefore crucial to structure a better regulatory ambience, that may provide safety to both public managers and private initiative. 5. It is an opportunity to identify the issues that overcome the old system, understand the needs for potentially creating a new governance model and propose options for potentially implementing a Regulatory Agency in the State of Minas Gerais. This work will support the World Bank in understanding the issues that bottleneck the PPP creation in Minas Gerais in particular and Brazil in general, providing crucial lessons learnt for the World Bank team to be able to provide efficient support to the existing contracts and to foster a favorable business environment for new projects. II. OBJECTIVES/PURPOSE OF ASSIGNMENT 6. The purpose of this study is to understand the main issues that affect the Government of Minas Gerais regarding the governance system of the existing PPP contracts, with the goal of distilling lessons and encourage learning for the World Bank about the crucial bottlenecks that have to be addressed for strengthening the regulatory framework and to deliver a better public service to the population. 7. This study should present options and potential recommendations to support the structuring of a Case Study Regulatory Agency for Public Transport in Minas Gerais, as a learning case for the World Bank. The potential options for setting up a Regulatory Agency will focus on being responsible for regulating all the PPP contracts involving several transport modes and related infrastructures (highways, railways, Metropolitan and intermunicipal bus lines, bus terminals, airports, and ferries), including the already existing and the future ones. The World Bank will use this case study to be integrated in future Global Reports that showcase efficient and collaborative governance models for public-private partnerships all over the World. B. SCOPE OF WORK 8. The scope of the consulting work is mainly focused on identifying options that might support management tools and best practices for establishing a governance system and Regulatory Agency for Public Transports in the State of Minas Gerais as a case study, and other potential regulatory agencies elsewhere based on lessons learnt. The scope includes identifying the main bottlenecks that reduce the governance capacity today, as well as learn from best practices which solutions can be adopted in Minas Gerais, preparing all the necessary procedures for the institutionalization of a potential Regulatory Agency, such as identify workflows and to provide options and recommendations for the organization and procedures manual to improve the regulation, inspection and monitoring of transport systems. 9. The study should subsidize government actions in Minas Gerais as part of the Case Study for the management of public-private concessions and partnerships (PPPs) that operate the System, as well as in other potential support from the WB either in Brazilian States or elsewhere, with the main goal of improving the management of current and future contracts (both in terms of implementation and in monitoring the operation of these services). 10. The work more precisely encompasses the following tasks: TASK 1: DIAGNOSIS 11. The objective of this task is to carry out a critical analysis of the organizational design and review the active PPP contracts and their main issues. Task 1.1 Study the active PPP contracts as part of the Minas Gerais Case Study 12. This task encompasses the collection, systematization and analysis of all the information involving the active PPP contracts in the State of Minas Gerais, also considering the new ones about to bid. It includes identifying and improving points on contracts (including accessory ones). Task 1.2 Benchmark of Regulatory Agencies 13. Identify Regulatory Agencies best practices that should be used as reference for the proposed Regulatory Agency for Public Transport in the State of Minas Gerais, including establishment acts, internal organization, revenues, governance system, etc. 14. Identify the most important regulatory norms issued by Regulatory Agencies of Transports and their positive and negative reviews. 12. TASK 2: Identify options for setting up Regulatory Agencies. The objective of this task is to identify options and potential solutions to be implemented as a a Regulatory Agency based on th
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