Request for Expression of Interest

Transcription

1 Republic of Indonesia Ministry of Public Works and Housing Directorate General of Highways Accelerating Infrastructure Delivery through Better Engineering Services Project (financed by a technical assistance loan of the Asian Development Bank) Project Number: Loan Number: 3455-INO Request for Expression of Interest for PROJECT MANAGEMENT CONSULTANT (PMC)FIRM TO SUPPORT THE DIRECTORATE GENERAL OF HIGHWAYS WITH IMPLEMENTATION OF THE ACCELERATING INFRASTRUCTURE DELIVERY THROUGH BETTER ENGINEERING SERVICES PROJECT February 2017

2 Table of Contents 1. Background Project overview Objective Scope of services... 9 Terms of Reference for Project Management Consultant Page 2 of 18

3 Abbreviations and Acronyms ADB ALM AMDAL DED DG DGH DGHP DGHS DGWR EA EIA EOI ESP FS ICB IEE LARP MPWH PIU PMC PMO PPC REOI RFP SDP TA TOR VE Asian Development Bank Asset Liability Management Analisis Mengenai Dampak Lingkungan Detailed Engineering Design Directorate General Directorate General of Highways Directorate General of Housing Provision Directorate General of Human Settlements Directorate General of Water Resources Executing Agency Environmental Impact Assessment Expression of Interest Engineering Services Project Feasibility Study International Competitive Bidding Initial Environmental Examination Land Acquisition and Resettlement Plan Ministry of Public Works and Housing Project Implementation Unit Project Management Consultant Project Management Office Project Preparatory Consultant Request for Expression of Interest Request for Proposal Sector Development Plan Technical Assistance Terms of Reference Value Engineering Terms of Reference for Project Management Consultant Page 3 of 18

4 I. Background 1. Background 1.1. Improving infrastructure is critical to stimulating inclusive growth in Indonesia. Inadequate infrastructure has hampered growth and poverty reduction, and poses significant obstacles to doing business in Indonesia. The shortage in basic infrastructure provision is the result of both low government infrastructure investment and under-utilization of the capital budget, due to inadequate infrastructure project preparation, complex land acquisition processes, and weak implementation capacity As part of the institutional strengthening of the Ministry of Public Works and Housing (MPWH) and to help it deliver an increased number of infrastructure projects in the road, water supply and wastewater, and water resources sectors, the government intends to strengthen the capacity of MPWH by the means of the Accelerating Infrastructure Delivery through Better Engineering Services Project (ESP).The proposed Accelerating Infrastructure Delivery through Better Engineering Services Project (ESP) will help meet the infrastructure development objectives of the Ministry of Public Works and Housing s (MPWH s) Strategic Development Plan (SDP), by improving the quality and timeliness of the delivery of the SDP s public investment program The ESP has been designed to (i) enable financing of the preparation of infrastructure projects as a separate project; and (ii) strengthen MPWH systems for raising the quality and timeliness of preparation of feasibility studies, detailed engineering designs (DEDs), land acquisition and resettlement plans, environmental impact assessments and related processes for obtaining permits, bidding documents, and supervision of contractor performance. The ESP will be coordinated with development partners to ensure complementarity The ESP is aimed at improving the technical quality of infrastructure projects through (i) use of improved/innovative design standards as per MPWH regulations that ensure longer life of infrastructure and avoid its rapid deterioration, minimize cost of the project and construction time, etc., (ii) new technical solutions by contractors through increased use of the design-and-build contracts, to the extent applicable, (iii) on-the-job technical knowledge transfer between project preparation consultants and MPWH staff, and (iv) use of technical and financial consultants (TFAC) for more accountable performance of the personnel involved in construction supervision and civil works. 2. Project overview 2.1. The impact will be to help the MPWH attain the infrastructure development objectives of the SDP. The outcome will be strengthened MPWH s capacity to efficiently design and implement its public investment program. The expected outcome of the ESP will be achieved through implementation of the two outputs highlighted below. (i) Output 1: Improved quality and timely start-up of MPWH s infrastructure projects. This output will support MPWH in: (i) preparation of master plans Terms of Reference for Project Management Consultant Page 4 of 18

5 and feasibility studies; (ii) development of DEDs, including geotechnical, topographical and other surveys; (iii) preparation of environmental impact assessments and land acquisition documents as per government requirements, and facilitation of obtaining relevant permits; (iv) construction supervision and technical and financial audit of selected projects; and (v) preparation of advance contracting for civil works. This output will support the preparation based on new analytical methods and design standards 1 of up to 40 projects from the MPWH s Strategic Plan in the irrigation, flood management, bulk water, dams, national road, water supply, and wastewatersectors for an estimated total investment of $6,000 million.these projects are mainly to be financed from the government budget. 2 (ii) Output 2: Strengthened capacity of MPWH in public investment management. This output will support the project management offices (PMOs) and project implementation units (PIUs) in: (i) improving master planning and public investment management systems; (ii) on-the-job capacity development of MPWH s project staff, especially at local level, in such areas as design-and-build contracts, design standards, design review, construction supervision and contractor performance enforcement, technical and financial audit during construction, multi-year contracting, etc.; (iii) strengthening of the ministry s safeguards 3 and procurement systems; 4 (iv) strengthening value engineering during preparation of infrastructure projects, (v) implementing the ESP, including monitoring and evaluation of project preparation activities The ESP is the first umbrella project fully dedicated to preparation of large number of SDP infrastructure projects according to the requirements of the Government. It is also the first engineering services project that covers three directorates general (DGs) of MPWH at the same time and is fully aligned with the timeline of Indonesia s National Medium Term Development Plan (RPJMN), The ESP will help the MPWH set up a mechanism that will ensure (i) better quality project preparation to address the large backlog of projects that need to be prepared to help address the nation s daunting infrastructure gap, and (ii) adequate mainstreaming of international best practices and technology in project feasibility, design, environmental and land acquisition assessments, and construction supervision of infrastructure projects. 5 1 In the road sector, these are improved design standards on pavement, drainage, geometric, grade-separated junction, and at-grade junction aspects. In theirrigation sector, the new technologies are related to the webbased integrated asset management information system with geospatial interface, high resolution aerial surveys for survey of irrigation assets, satellite-based water accounting. The detailed engineering design guidelines of the irrigation sector will be also updated to incorporate climate change and water efficiency, among other issues. In the wastewater sector, in 2016 the MPWH is expected to adopt new technical guidance on feasibility studies and new design standards for waste water treatment system. 2 The list of projects to be prepared under the ESP is in Appendix 2. Based on the request of the Government and in accordance with the provisions of the Country Partnership Strategy, the ADB may consider financing selected projects prepared under this operation either through a results-based lending or a project loan modality. 3 Assessment of DGH, DGHS, and DGWR s safeguards systems and the areas for institutional and capacity building will be provided to the consultants later. 4 Such as in implementation of the MPWH s regulation on design-and-build contracts adopted in May The ESP builds on MPWH good practices, such as the DGH s Australia-funded East Indonesia National Roads Improvement Project that got International Road Federation s 2015 Global Road Achievement Award for Program Management. In such sectors and highways, the ESP will also help the Government implement improved policy, planning tools, design standards and project supervision practices as developed under the leadership of DGH with support Australia-funded Indonesia Infrastructure Initiative. Terms of Reference for Project Management Consultant Page 5 of 18

6 2.3. The projects to be prepared under the ESP will be from the Directorate General of Water Resources, Directorate General of Human Settlements and Directorate General of Highways (DGH) of the MPWH. The ESP s estimated cost is $167.6 million, of which $155.7 million is to cover the cost of output 1 and $11.9 million to cover the cost of output 2 as described above. To finance the ESP, ADB has provided a loan in the amount of $148.2 million from ADB s ordinary capital resources (OCR) 6. The remaining amountof $19.4 million will be provided by the Government and will finance taxes, duties and interest during implementation The MPWH has established a steering committee to monitor the status of ESP implementation and ensure proper coordination among government agencies. A project coordination office (PCO) established at the MPWH s Office of the Secretary General executing agency for the ESP will oversee the ESP s implementation and serve as secretariat to the ESP s steering committee.mpwh s 3 directorates general Directorate General of Water Resources, Directorate General of Highways, and Directorate General of Human Settlements are the implementing agencies (IAs) for their respective projects The MPWH s Directorate General of Highways (DGH)isthe implementing agency for the national road projects under the ESP. A project management office (PMO) established at DGH s Directorate of Road Network Development will lead the supervision of ESP implementation at DGH, including selection of the firms for the panel. Project implementation units (PIUs) at Directorate for road construction, Directorate for bridges and Directorate for road preservationwill lead in coordination with relevant local office or project unit (Satker) of DGH selection of consultants from the DGH s panel for preparation of roads, highways and bridges projects. Local office of DGH will lead in coordination with relevant directorate of DGH supervision of consultants engaged for project preparation. Payments to project preparation consultants, upon delivery of agreed outputs, will be done by the relevant directorate of DGH, after confirmation of the Project Team (see below). Indicative list of projects to be procured by DGH under the ESP is enclosed as Appendix For projects implemented at the local level, the concerned PIU of DGH will involve local Balai to direct project preparation activities, and review the outputs of the project preparation consultant firms. The concerned PIU and local Balai will establish a Project Team (Tim Direksi), which will review project preparation consultant firms outputs and submit such outputs to PIU for approval and payment to the project preparation consultant firms The project is expected to be implemented from 1 October 2016 to 31 December Most activities related to preparation and bidding of projects are planned to be completed by end of 2018 and mid-2019 respectively. Significant share of ESPprepared projects is expected to be at various phases of civil works by end The period between mid-2018 and end-2019 would be used for the construction supervision as well as the technical and financial assessment of selected infrastructure projects prepared under the ESP. 6 The copies of loan agreement, project administration manual (PAM) and other documents can be accessed at ADB website: and MPWH website: Terms of Reference for Project Management Consultant Page 6 of 18

7 2.8. The loan will be disbursed in accordance with ADB s Loan Disbursement Handbook (2015, as amended from time to time) 7 and detailed arrangements agreed upon between the Government and ADB To deliver output 1 of the ESP, recruitment of project preparation consultant (PPC) firms, or association of firms, will involve two stages: Stage-1: empanelment of PPC firms by DGH s PMO [empanelment stage], and Stage-2: selection of firms by the DGH s PIUs from the panel for preparation of specific public investment projects of DGH [call-down stage]. For selection of the panel, the DGH will form a tender committee comprising of the PMO, the PIUs, and other relevant DGH units, as required At the empanelment stage, the indefinite delivery contract (IDC) with every empanelled firm, or association of firms, will be signed by the PMO on behalf of DGH. DGH s PMO shall be the Client under such IDCs and shall monitor the panel arrangements. At the call-down stage, normally the lump-sum contracts shall be signed between the DGH PIUs and the firm (or association of firms) selected from the panel for individual projects for project preparation activities. DGH s PIUs shall be the Client under such Assignment Contracts and shall monitor the project preparation activities. The PMO at DGH will play an oversight role throughout the development of infrastructure projects. II. Objective of the Assignment 3. Objective 3.1. The DGH seeks to appoint a suitably qualified project management consultant firm (PMC), or association of firms, to support the DGH in administrationand implementation of the ESP. Specifically, the PMC will support (i) under output 1, the central and local offices of the DGH in selection, management, and quality oversight of the PPC firms recruited through the panel arrangement including updating of the panel, and in selection of construction supervision consultants (CSC) and technical and financial assessment consultants (TFAC) and (ii)under output 2, the DGH in institutional strengthening and capacity development envisaged under the ESP. In doing so, the PMC shall provide project implementation advisory support to the PMO, the PIUs, and local offices / project units (Satkers) of DGH, PCO and any other office or agency as may be requested by the DGH/MPWH The PMC shall carry out the activities and complete the Services as outlined in this Terms of Reference and in accordance with the instructions and directions given to it by the PMO and each of the PIUs of DGH. The tentative scope of the Services is stated in Section The ESP s implementation arrangements and plan are in Appendix Highlights of the proposed project management consultancy services are given below: (i) Provision of high quality support in selection of panel of consultants, updating of panel and selection of consultants for project preparation 7 Available at: Terms of Reference for Project Management Consultant Page 7 of 18

8 activities, adhering to the principles laid down in the Project Administration Manual (PAM) and ADB s guidelines for consultant selection, by maintaining transparency at each stage without compromising the fiduciary requirements. The aim is to provide quality procurement support, reduce end-to-end procurement time and improve the delivery system; (ii) Ensuring high standards of quality assurance during preparation of DGH projects supported under the ESP, to ensure that PPC firm selection is timely and efficient. The PMC will take necessary steps to ensure solid sector/technical quality of project preparationsupported under the ESP and shall provide hands on support to DGH local and central units to undertake this activity; (iii) Support supervision of project implementation activities carried out by the PMO of DGH to ensure complete compliance with the implementation program and various stipulations contained in the Contract Documents, loan agreement and PAM, etc.; (iv) Deploying personnel to each of the DGH PIUs, who are experienced in that PIU s area/field of responsibility to ensure adequate advice to the PIU and local office of DGH on reviewing and improving the outputs of the PPC firms as well as compliance with relevant government processes and procedures required for readiness of infrastructure projects. PIUs shall be responsible for supervision of the outputs of the PPC firms and accordingly, the PMC shall assist all concerned PIUs with review of the outputs of the PPC firms. PMC will adhere to the MPW s regulation on gratification and shall also ensure that the PPC firms also adhere to the MPW s regulation on gratification 8 ; (v) Overall project management for achieving and delivering high quality project documentation to DGH and ensure that all work is carried out in full compliance with the government engineering, sector, and social/environmental safeguards standards and requirements; (vi) Providing institutional development and capacity building through the provision of advisory support that help in strengthening DGH s (i) public investment management systems and processes; (ii) value engineering duringpreparation of projects; (iii) procurement capacity and (iv) environmental and social safeguard measures; (vii) Assisting the DGH with procurement activities, including procurement of IT/software/other technology requirements, other goods and equipment in accordance with ADB s procedures or Government s procedures, as the case may be; and (viii) Providing appropriate documentation including monthly project management plans using appropriate templates, evaluation mechanisms and reporting formats. 8 MPWH regulations no 14/PRT/M/2016 about Gratification can be found at Terms of Reference for Project Management Consultant Page 8 of 18

9 III. Scope of Services, Tasks and Expected Deliverables 4. Scope of services 4.1. This section provides an indicative scope of work for the PMC. It shall be the responsibility of the PMC to carry out all tasks to ensure successful implementationof theesp by DGH, during the PMC s contract period. The PMC shall prepare and submit all necessary reports/analysis/documents as may be required to successfully manage the implementation of the ESP as envisaged in the loan agreement and associated documents. Furthermore, the PMC shall carry out other tasks related to the ESP on the instructions of DGH s PMO and each of the PIUs, as the case may be, including but not limited to matters relating to selection of all consultants and contractors, review of outputs and bidding documents, and capacity building and institutional strengthening initiatives The PMC shall be familiar with all background documentation and preparatory work conducted to date on the ESP, and as made available by the DGH spmo/pius during the tenure of the PMC contract The PMC shall develop a work plan for providing Services specific to DGH s PMO and each of the PIUs and agree with the respective offices of DGH/MPWH. The services to be provided to each of these units shall include, but are not limited to, the following: Services tothe PMO (i) Provide project management services to the PMO by adopting the standard project management software (e.g. MS Project) and other appropriate software tools to ensure effective planning, scheduling, and work programming with time and cost controls, for consultant contractsprocured by the DGH under the ESP. The PMC shall identify the critical activities, delay matrix and recommend corrective actions both to the PMOand each of the PIUs consulted; (ii) Provide high quality support in selection, updating and management of panel of consultants (PPPC firms), adhering to the principles laid down in PAM and ADB s guidelines for consultant selection, by maintaining transparency at each stage without compromising the fiduciary requirements. The consultant must meet expectation of performing fiduciary role and expressing independent opinion and ensure adherence to ADB guidelines, etc., (iii) Development/update and submission of DGH-wide work plan related to the ESP; (iv) Conduct consultations with stakeholders, including PPC firms, and ensure adequate stakeholder reporting (v) Identify project preparation problems and delays and recommend to the PMO for actions to expedite progress with the relevant PIU, if the PPC works schedule is falling behind; Terms of Reference for Project Management Consultant Page 9 of 18

10 (vi) Through PMO, provide institutional development and capacity building for the DGH, including in assessment of public investment management systems, improving master planning arrangements and capacity, mainstreaming value engineering/analysis in preparation of infrastructure projects, strengthening of social and environmental safeguards systems and staff capacity, strengthening of public procurement capacity (design-and-build contracts, e-procurement, etc.), strengthening ex-post evaluation of infrastructure projects, implementation of improved design standards to ensure longer life of infrastructure and avoid rapid deterioration of the facility. 9 (vii) Provide institutional development and capacity building for the PMO to adequately perform its function under the ESP; (viii) Assist PMO in all issues related to procurement, financial management, disbursement, integrity/anti-corruption, disclosure, reporting, monitoring and evaluation related to implementation of the ESP, as required by the PMO (to ensure compliance with ADB and Government s guidelines and policies); and (ix) Coordinate the stakeholders and partners at national and local levels to create synergies and expedite the ESPimplementation Services to DGH s PIUs and local offices/satkers (i) Provide project management services to the PIU by adopting appropriate software tools to ensure effective planning, scheduling, and work programming with time and cost controls for procuredconsultantcontracts for project preparation purposes; (ii) Provide high quality support in selection of consultants for project preparation activities, adhering to the principles laid down in PAM and ADB s guidelines for consultant selection, by maintaining transparency at each stage without compromising the fiduciary requirements. The consultant must meet expectation of performing fiduciary role and expressing independent opinion and ensure adherence to ADB guidelines, etc., (iii) Support in selecting and management of the PPC firms to be selected from the DGH panel for preparation of individual infrastructure projects and in selection and management of construction supervision consultants and technical and financial assessment consultants (TFAC) for selected projects; (iv) The PMC shall ensure that the TORs of the project preparation consultants reflect that they will design the projects considering improved/innovative design standards in line with the new technologies and design standards adopted or being adopted by DGH. These include improved design standards on pavement, drainage, geometric, grade-separated junction, and at-grade junction aspects. The PPC firms shall also take into account the international best practices being 9 Such standards pertain to (i) longer life pavement designs, (ii) improved drainage designs, (iii) improved geometric designs, (iv) grade-separated junction design, and (v) at-grade junction design. The improved design standards will be provided to the by DGH. Terms of Reference for Project Management Consultant Page 10 of 18

11 adopted in other countries with respect to improved design standards for similar projects for ensuring value for money and high quality output, sustainability of the project, and minimizing construction time (para.1.4 and footnote 1); (v) The PMC will also need to ensure that F/S, DEDs and bid documents developed by the PPC firms are in compliance with sustainable construction regulation of MPWH. 10 (vi) PIUs shall be responsible for supervision of the outputs of the PPC firms and accordingly, the PMC shall support and provide expert advice in reviewing and monitoring of the quality and timeliness of submissions of the PPC firms, including on the review of DEDs prepared by the PPC firms, use of traffic forecasts for FS and DEDs and use of improved design standards in preparation of DEDs (footnote 8). While reviewing the project preparation documents (DEDs/specifications, etc.), the PMC shall ensure that the project preparation documents prepared by the PPC firms adhere to the new technologies and design standards adopted or being adopted by DGH as stipulated in the TORs [para.4.3.2(iv) above]. The PMC shall draw the PIU s attention to any potential areas of non-conformance of the consultant's outputs/deliverables, implementation plan and documents with the required technical benchmarks. PMC shall also coordinate with the respective PIUs or Satkers or other offices in DGH/MPWH to ensure that all assistance, information and approvals, etc., are provided in a timely manner to the PPC firms to ensure that project preparation activities do not get delayed; (vii) Provide road safety audit advice on the projects prepared by PPC firms; 11 (viii) Carry out such duties under the terms of the PMC Contract which may from time to time be directed in writing or otherwise by the PIUs and local office/satker of DGH, depending on project specific requirements, in connection with implementation of ESP; (ix) Support in monitoring compliance with environmental and social safeguard standards and requirements during preparation of projects by the PPC firms; (x) Wherever required, the PMC shall promptly assist the PIU and Satker/Balai to coordinate with relevant local government agencies to ensure timely action on location (project site) determination, land acquisition, and environmental clearance, etc. (xi) Provide institutional development and capacity building for the PIUs and Satkers at local offices of DGH (Balai), especially in design issues; (xii) Assist PIU/Satkerin all issues related to procurement, financial 10 MPWH Regulation no. 05/PRT/M/2015 on Sustainable Construction can be found at 11 The PMC road safety experts may be guided by the road safety guidance developed by the Indonesia Infrastructure Initiative for DGH. Terms of Reference for Project Management Consultant Page 11 of 18

12 management, disbursement, integrity/anti-corruption, disclosure, reporting, monitoring and evaluation related to implementation of the ESP(to ensure compliance with ADB and Government s guidelines and policies), as required by the PMO/MPWH. (xiii) Support PIU/Satker in development and/or use of improved FIDICbased contracts that give clear delegated powers to the supervision engineerfor implementation of civil works and that hold parties accountable for performance. This will entail support to reviewing the project size and utilization of multi-year contracts as proposed by the PPC firm. (xiv) Advise PIU/Satker on adequate timing of civil works contracts to be determined by the requirements of the construction implementation and help avoid completion of contracts in end in December due to budget absorption concerns. (xv) Review the payment schedules (as defined in the contracts with PPC firms) in conjunction with the project preparation schedule and provide appropriate advice to the concerned PIU and local office of DGH, including providing expert advice at the time of certification of payments to PPC firms and ensure that payment timelines are adhered to by the PIU/PMO; (xvi) Comment on financial control of PPC contracts and risks to completion within the time established in accordance with the relevant PPC contract; (xvii) Help PIU/Satker to enforce the contractors performance under the civil works construction contracts and review reports of construction supervision firms to ensure open and pro-active reporting on the performance issues. (xviii) Assist in monitoring the performance of PPC firms, in assessment ofclaims for additional payment and extensions of time under the PPC contracts; and (xix) Submit monthly status reports covering all aspects of the activities under the PMC to the PMO/PIUs, with a copy to the ADB. Also, assist the PIUs and PMO in preparing quarterly and yearly monitoring reports (or any other report) that are required to be submitted to PCO/MPWH/ADB in connection with implementation of ESP. PMC shall also coordinate with PCO, as may be required, to update on the status of implementation of various activities The PMC will support and provide expert advice to the PIUs and Project Teams to review the submitted milestone deliverables of the project preparation consultants, such as master plans, pre-feasibility and feasibility studies, AMDAL, LARAP, DED, bidding documents. Specifically, the PMC will have to ensure that the PIUs and Satkers are comprehensively and objectively informed in order to endorse (pre)feasibility study (before the project preparation consultants proceed with DED) and the environmental and social safeguards assessments prepared by the project preparation consultants. If such reviews conclude that a project has insufficient feasibility or highly adverse environmental and social impact, then the PMC will advice the PIUs/PMO to ensure that the project preparation consultants will not Terms of Reference for Project Management Consultant Page 12 of 18

13 proceed to the next relevant milestone and their contracts will be adjusted accordingly Overall, the PMC shall support the PMO, PIUs, Satkers and other offices of MPWH as may be required with regards to the following Services, during the tenure of the PMC contract, which will be based on the timeframes outlined by the user of the services. The services shall include, but are not limited to, the following: I. Assistance in selection, updating and overall management of the panel (a) (b) (c) (d) Assist PMO in selection of firms for panel (if required) or updating of panels using the same TOR which was used for constitution of panel for first time the services will include, but not limited to, preparation of REOI/TOR, evaluation, preparation of reports, etc. At all times, the consultant is expected to provide high quality procurement support to ensure adherence to the ADB guidelines and the principles laid down in the PAM, by maintaining transparency at each stage and ensuring strict adherence to the timelines, without compromising the fiduciary requirements; Assist PMO in signing indefinite delivery contracts (IDCs) with panel members; Assist PMO in monitoring the performance of the panel members; Any other task that is incidental or related to panel arrangement. II. Assistance in selection and management of PPC firms for call-down assignments (a) (b) (c) (d) Help PIU prepare or review RFP for selection of PPC firms from DGH panel and report on any changes needed prior to commencement of each step in the selection process (decision on panel members to be invited to submit proposals, issuance of RFP, processing and evaluation of technical and financial proposals, carrying out of contract negotiations, issuance of notice to proceed). Help PIU and concerned local office of DGH in management and supervision of the PPC firms, review of their deliverables and facilitation of coordination among various government stakeholders for timely start-up of infrastructure projects prepared under the ESP; Help PIUs establish proper filing and record maintenance system for selection of consultants and management of consultant contracts and performance evaluation; At all times, the consultant is expected to provide high quality procurement support in selection of consultants to ensure strict adherence to the ADB guidelines and the principles laid down in the PAM, by maintaining transparency at each stage and ensuring completion of selection process in a time bound manner, without compromising the fiduciary requirements. Terms of Reference for Project Management Consultant Page 13 of 18

14 III. Assistance to DGH s PIUs in Reviewing of FS, surveys DED (i) (ii) (iii) (iv) (v) (vi) Provide assistance and expert advice to PIUs/Satkers, etc., in reviewing the FS and make recommendations on key changes interventions needed for effective, efficient and quality implementation of the DGH s projects implemented under the ESP. The PMC shall ensure that the project FS and other relevant documents contain adequate financial analysis of the projects, as well as estimation of O&M cost necessary to maximize operation life of the to-be-built infrastructure facility; Provide assistance and expert advice to PIUs/Satkers, etc., in reviewing FS and other studies and reports and provide expert advice to PIU/PMO whether or not to proceed to next stages or carry out DED, if such reviews conclude that a project has insufficient feasibility (technical, economic or otherwise) or highly adverse environmental and social impact; Provide assistance and expert advice to PIUs/Satkers, etc., in reviewing the quality of the surveys and make recommendations on possible changes needed for better quality; Provide assistance and expert advice to PIUs/Satkers, etc., inevaluating the DED and any amendments thereto for compliance with all the standards specified in the minimum performance standards specifications applicable to the Design and make recommendations for any modifications that may be required to be made, including improvements within the specified period. The review will be based on MPWH standard and will take into account climate change variability; Provide assistance and expert advice to PIUs/Satkers, etc., indetermining if sufficient value engineering/analysis has been inbuilt into the DED by the PPC, to ensure that there is systematic application of recognized techniques that provides the needed innovation in functions, and in their reliable delivery, at the lowest overall cost. Provide assistance and expert advice to PIUs/Satkers, etc., in determining appropriateness of standards set for any extension of time, monetary compensation or relief from penalties or variation of any civil construction works pursuant to the civilcontract; IV. (vii) Conduct a general overview of the implementation programme schedule for completion of the DED insofar as it relates to the obligations of the PIUs and local DGH offices, as the case may be, and inform the concerned unit of those obligations; and (viii) Support the PIUsand local DGH offices to prepare detailed implementation plans that will cover institutional coordination, phasing, etc. Assistance to DGH s PIUs in monitoring/facilitation of land acquisition and environment clearances Terms of Reference for Project Management Consultant Page 14 of 18

15 (a) (b) (c) (d) (e) (f) Help the concerned PIU and local office of DGH to monitor, facilitate, and report on the status and progress of land acquisition and resettlement (LAR), AMDAL, and any licenses or permits applicable to DGH s projects prepared under the ESP; Provide assistance and expert advice to PIUs/Satkers, etc., inreviewing and verifying the progress in implementing the resettlement plan through the monitoring information generated internally; Provide assistance and expert advice to PIUs/Satkers, etc., in assessing whether the involuntary resettlement and environmental impact assessment objectives and issued have been adequately addressed in the FS, DED and bidding documents of the projects prepared under the ESP; Help the concerned PIU and local office of DGH to address significant involuntary resettlement and A MD A L issues and, if required, draw on policy and practices to advise on a corrective action plan; Monitor and report on the compliance with social and environmental safeguards before and during construction of projects under the supervision of the concerned PIU and local office of DGH; and Advice the concerned PIU and local office of DGH on actions required to avoid any delays to the preparation of infrastructure projects supported under the ESP. V. Assistance in review of bidding documents and support to procurement of works and goods for infrastructure projects (a) (b) (c) (d) Support concerned PIUs and local office of DGH in review ofall bidding documents prepared by the PPC firms. Support PIU/Satker in preparation of improved FIDIC-based contracts that give clear delegated powers to the supervision engineer and that hold parties accountable for performance. This will entail support to reviewing the project size and utilization of multiyear contracts as proposed by the PPC firm. Provide support in procurement of civil works by the PIU or Satker or local agency following either national procurement rules or MDB procurement guidelines. PMC shall ensure that at the call-down stage, the PPC firms shall to prepare the project and support relevant PIUs with procurement per design-and-build regulation 12 of MPWH, to the extent they are applicable. 12 MPWH Regulation no. 19/PRT/M/2015 on procurement and standards of design-and-build can be found at Terms of Reference for Project Management Consultant Page 15 of 18

16 VI. Assistance to DGH s PIUs and local office/satkers in review of Construction (a) Selectively support concerned PIUs and local office of DGH in review of the construction of their infrastructure projects to ensure compliance with the requirements and, if necessary, recommend actions necessary to achieve the construction completion requirements. (b) Assist PIU/SatkerSatkers in selection and management of construction supervision consultants and technical and financial assessment consultants (TFAC) for selected projects. This would include assisting in short-listing, preparation of RFPs, evaluation of proposals, selection of consultants and award of contracts, and in reviewing their outputs, etc. VII. Capacity building in environmental and social safeguards: (a) Capacity building of the following staff of DGH: a. staff handling project preparation at DGH s directorates, whose projects are supported under the ESP; b. staff handling safeguards (AMDAL/UKL-UPL and land acquisition) in safeguard units in DGH; c. staff in Balai Besar handling project and safeguards; d. selected relevant provincial and district governments that will be implementing projects supported under the ESP. (b) Capacity building in land acquisition to focus on: a. explaining the prevailing legal framework (applicable laws and regulations, technical guidance, etc.); b. procedures on land acquisition depending on the type of land (e.g., forest, government land),and on compliance with spatial planning and required permits; c. preparation of a good land acquisition plan document and required feasibility studies; d. land/assets valuation, consultations, budget, monitoring, transfer of assets; e. Training manual on social safeguards in land acquisition developed under ADB TA 7566 and TA 8661 can be used as reference for the land acquisition capacity building under the ESP. (c) Capacity building on environmental safeguards to focus on: a. explaining the details of the existing environmental legal and institutional framework; b. training on environmental safeguards during project preparation and implementation, including environmental monitoring; c. needs assessment in respect with the tools and equipment required for an effective environmental monitoring. (d) Strengthening safeguards units and structures through: a. assistance in preparation or update of the technical guidance for environment and land acquisition and dissemination to the regional offices and stakeholders; Terms of Reference for Project Management Consultant Page 16 of 18

17 b. strengthening of capacity and explanation of the processesand procedures for obtaining required permits (spatial planning, project location determination, forestry permits, etc.); c. assistance in the establishment and strengthening of safeguards units at Balai level For all projects of DGH prepared under the ESP, full project preparation work will be undertaken by PPC firms appointed for each individual infrastructure project. This will include preparation of feasibility studies, economic assessments, environment and social safeguard reviews, detailed engineering design and preparation of tender documents for the selection of contractors for civil works.the PMC will review the documents prepared by the PPC firms and advice the concerned PIU and local office of DGH, on their appropriateness An integral task of the PMC will be to support the PMO and PIUs in the management and maintenance of systems and procedures that may have been developed for the purposes of implementation of the ESP by the DGH, to ensure that the reporting of financial and physical progress is provided on time and to the required standards of presentation and reliability. The PMO will rely on the PMC to provide accurate, prompt and supporting documentation for preparing expenditure forecasts and withdrawal applications to the ADB for the purposes of the ESP The PMC shall make their team available for the duration of the PMC contract and provide responses to queries, including providing consultations, whenever necessary. In performing its role, the PMC must at all times act in the best interest of the ESP The scope of services shall be read in conjunction with the specific terms of reference prescribed for each team member in a subsequent section below to successfully manage the implementationof the ESP While carrying out the specific tasks, the PMC shall also provide support and expert advice inrespect of institutional strengthening and capacity building of the staff in the DGHduringthe entire duration of the consultancy contract (Output-2: Strengthened capacity of MPWH in public investment management). The indicative areas of involvement shall include, but not limited to: (a) (b) (c) (d) (e) Reviewing and developing a road map to strengthen DGH spublic investment management systems covering (master planning, identification, prioritization, preparation, approval, budgeting, procurement and contract management, implementation monitoring, and impact evaluation of infrastructure projects). Review of DGH s public investment management systems shall be based on the methodology of the IMF on Public Investment Management Assessment (PIMA) Framework. 13 ; Strengthening DGH s systems on value engineering (VE) during preparation of infrastructure projects; Strengthening procurement capacity of the DGH to procure goods and services and consulting services; Strengthening the environmental and social safeguards systems of the DGH; On-the-job capacity development of MPWH s project staff, especially at local level, in such areas as design-and-build contracts, design standards, design review, construction supervision and contractor performance enforcement (as 13 IMF Making Public Investment More Efficient. Staff Report. Washington, DC. Terms of Reference for Project Management Consultant Page 17 of 18

18 (f) may be applicable), multi-year contracting, etc.;and Providing other ad-hoc capacity development of the DGH PMC shall introduce an information system to provide MPWH, PCO, DGH (PMO, PIUs and Satkers), and ADB a snapshot of progress of each activity of ESP for the respective Directorate at any given time (e.g., in the form of information uploaded to a particular website for easy access by all the stakeholders), including summaries of various reports submitted by the PPC firms, capacity building and institutional strengthening activities, with special emphasis on the major problems in implementation of ESP activities and the steps that are required to be taken to overcome such problems. Such information should not be more than 1-2 pages and the format shall be agreed in advance with MPWH and ADB. This snapshot will be updated on a regular basis, generally not exceeding a week, to provide information on a real-time basis to key stakeholders Project Completion Report (PCR). The PMC shall prepare ESP project completion report (PCR) in accordance with the ADB s guidelines. 14 The report shall include all information, data and analysis, performance evaluation, etc., that are required to be included in ADB s PCR for the ESP. Draft PCR prepared by the PMC shall be reviewed by the PMO and submitted to PCO for review and comments. The PMC shall promptly update the PCR as per the comments of PMO and PCO. The PMC shall begin the preparation of the PCR 3 months prior to the expected completion of ESP. The PMC shall also conduct ESP lessons learned sessions for DGH s PMO and PIUs staff prior to submission of the draft project completionreport wherein results of the same shall be incorporated in said report The PMC shall also provide project/task-specific demand-based advisory support to DGH as the case may be, given the unanticipated needs of project preparation or institutional strengthening activities, for which it is impossible to ex ante identify the consultant positions. For this purpose the PMC will be provided budget (under provisional sum category of the contract) to cover up to 10 additional personmonths of international and 20 additional person-months of national individual consultants inputs to be tapped for specific project-related tasks when demand arises from the PMO, PIU, or local office of DGH. To recruit a consultant from the pool, the PMC based on a formal request of the DGH PMO will prepare a detailed TOR and cost estimate for each such proposed international and national position. Upon internal review and clearance, the PMO will submit to a ADB a request for approval of contract variation, along with the detailed TOR, cost estimate, and evaluation of at least three CVs of experts proposed to be engaged for the position. Upon approval of ADB, the selected expert and associated cost are reflected in the consultants category of the contract and the provisional sums category is adjusted accordingly. 14 Available on ADB website at Terms of Reference for Project Management Consultant Page 18 of 18