Specialized Lawyers

October 2, 2023

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Job Description

<ul><li>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;</li><li>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:</li><li>What would be the characteristics and features of the partnership between the public and private sector parties</li><li>Review the international experience in drafting PPP legislations and filter out issues that are relevant to Afghanistan.</li><li>Examine the current relevant laws and evaluate the need for a separate PPP Law.</li><li>Examine the current law and evaluate whether Regulations under the Act could be drafted for PPPs in place of a new Law.</li><li>Application of the Law: Definition of a PPP; and a PPP agreement.</li><li>Definition of parties to a PPP agreement (who qualifies as a public party and who qualifies as a private party)</li><li>Compensation of the private party</li><li>Institutional structure</li><li>PPP project life cycle</li><li>Procurement rules – procedures for preparing, tendering and implementing PPPs(process, structure, transparency, competitiveness)</li><li>Security provided to the private parties</li><li>Government support / contribution to PPPs</li><li>Government’s fiscal management for PPPs</li><li>Monitoring of PPP projects</li></ul><p><br></p>In addition to reviewing the legal legislative arrangements, the consultant will be also responsible for:<p><br></p><ul><li>Development of PPP contract Templates</li><li>Development of PPP RFP template</li></ul><p><br></p><strong>Requirements</strong><p><br></p><ul><li>Bachelor’s degree in Law.</li><li>Additional certification or license may be required.</li><li>Experience in a similar role is recommended.</li><li>Experience working as part of a team.</li><li>Excellent attention to detail and problem-solving skills.</li><li>Ability to follow instructions and collaborate with others.</li></ul>