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TA-9971 REG: Southeast Asia Agriculture, Natural Resources and Rural Development Facility – Phase II - ICS007 Commercial Asset Leasing (54002-001)

TA-9971 REG: Southeast Asia Agriculture, Natural Resources and Rural Development Facility – Phase II - ICS007 Commercial Asset Leasing (54002-001) has been closed on 11 May 2022. It no longer accepts any bids. For further information, you can contact the Asian Development Bank

Bellow, you can find more information about this project: 

General information
Donor:
Asian Development Bank
Industry:
Not available
Status:
Closed
Value:
20000
Timeline
Published:
05 May 2022
Deadline:
11 May 2022
Contacts
Name:
Takeshi Ueda
Phone:
Not available
Email:
Not available
Description
https://www.adb.org//node/793171
The Northern Smallholder Livestock Commercialization Project (NSLCP) is financed by a loan from ADB with 
the aim to support the commercialization of livestock production by smallholders in Luang Namtha, Luang 
Prabang, Xieng Khouang and Houaphanh provinces.

The NSLCP aims to “contribute to increased incomes, food chain safety and gender equality”. Its outcomes 
are: (i) smallholder livestock producers, traders, processors and retailers apply improved livestock 
production, handling, processing and marketing methods; (ii) rural households have access to affordable, 
sustainable and scalable rural financial services; and (iii) women have increased participation in 
livestock (cattle, pig and goat) production activities. The project has four components or outputs: (i) 
strengthening capacities of smallholders and other livestock value chain actors; (ii) strengthening 
livestock value chain infrastructure; (iii) improving access to credit; and (iv) project management.

The Executing Agency is the Ministry of Agriculture and Forestry. The Implementing Agencies include the 
Department of Livestock and Fisheries; the National Agriculture, Forestry and Rural Development Research 
Institute; the Department of Technical Extension and Agro-processing; the Northern Agriculture and 
Forestry College; and the four Provincial Agriculture and Forestry Offices (PAFOs). The project became 
effective on 2 March 2015, and the loan closing date is 31 December 2022.

Xieng Khouang Slaughterhouse Development: A modern slaughterhouse is being constructed by the NSCLP in 
Xieng Khouang province that will slaughter pigs and cattle for sale in the local market. The 
slaughterhouse is being constructed on provincial land and the Xieng Khouang provincial government will 
own the asset through the Xieng Khouang PAFO.  

A commercial entity will manage and operate the slaughterhouse under a contract. The contract will be in 
the form of a commercial operating lease. The Xieng Khouang PAFO (the lessor) will be responsible to 
ensure that the contract is implemented properly in accordance with the contractual terms. The 
commercial operating lease contract will be tendered through a competitive transparent process as 
required by the Government and ADB procurement regulations. The Department of Livestock and Fisheries 
and the Xieng Khouang PAFO are responsible to carry out the procurement of the commercial lease 
contract.  

Leasing of publicly owned assets to a commercial entity is a specialized practice in the Lao PDR. The 
Department of Livestock and Fisheries will require technical guidance and support in this process. For 
this purpose, a suitably qualified and experienced consultant is required to provide support for the 
procurement and contracting of the slaughterhouse commercial operator.


Objective of the Assignment:

The objective of this consultancy assignment is to provide technical guidance and support to the 
Department of Livestock and Fisheries and the Xieng Khouang PAFO on the commercial leasing of public 
assets. As this assignment mainly deals with legal matters under the Lao PDR jurisdiction, a national 
law consultant will be required. The consultant will prepare the commercial lease documents in 
accordance with the laws of the Lao PDR. The consultant will be an enabler through providing advice and 
support for timely and efficient procurement. In addition, the consultant will properly help the lessor 
to prepare a legally binding commercial lease contract for an operating lease of this publicly-owned 
asset. 
The successfully selected consultant will provide advisory services to the Department of Livestock and 
Fisheries and the Xieng Khouang PAFO regarding the commercial lease of publicly owned assets. The 
advisory services will cover the legal, financial, procurement, and contract negotiation and signing 
aspects of the process, as well as other areas that may be identified during the execution of the 
assignment. In addition, the successfully selected consultant will prepare all the necessary documents 
to ensure that the commercial leasing of the slaughterhouse is successfully tendered with contract 
signing by a qualified commercial operator. The law firm will support the lessor in the whole process.
The consultant will carry out the following tasks:

i)	Define the Lao PDR laws and regulations that must be complied with in the leasing of a publicly owned 
asset.
ii)	Identify the various Ministries and institutions that are responsible for the various steps of the 
process.
iii)	Provide legal, commercial, procurement and contractual guidance and support on the leasing of 
public assets to a commercial operator.
iv)	Identify the types of financial parameters to be applied in the contract (leasing fee, O&M costs, 
etc).
v)	Identify the procurement procedure to be applied.
vi)	Draft the complete bidding documents for this procurement activity. 
vii)	Draft the contract and/or lease document.
viii)	Prepare four reports as deliverables.
ix)	Support the selection of a properly-qualified lessee.
x)	Provide support in the contract negotiations until the contract is properly signed. This includes bid 
evaluation as well as due diligence of the first-ranked bidder.
xi)	Undertake any other relevant tasks necessary to achieve the objective of the assignment

The Department of Livestock and Fisheries and the Xieng Khouang PAFO will be responsible for the 
livestock-related technical aspects of the process, including (i) outlining the required environmental 
standards and waste management standards to be included in the bidding documents and contract; (ii) 
outlining the required meat hygiene and animal welfare standards to be included in the bidding documents 
and contract, and (iii) any other technical matters related to the proper operation of the 
slaughterhouse.

Expected output:
Signed commercial operating lease agreement with a commercial slaughterhouse operator. 

Implementation Arrangements:
The consultant will report to ADB in coordination with the Ministry of Agriculture and Forestry, under 
the direction of the Deputy Director General of the Department of Livestock and Fisheries, and in 
consultation with the Project Director of NSLCP. 

Covid-19 clause:
With particular reference to coronavirus disease (COVID-19), any need for international and/or national 
travel shall be assessed by ADB and the Consultant using ADB's advice at the time of travel. Subject to 
ADB's approval, the Consultant may use remote video technology meetings to replace face to face meetings 
as considered necessary.
Must have demonstrated expertise in the lease of publicly owned assets in the Lao PDR. A sound knowledge 
of Lao PDR commercial law and Government procurement regulations is required. Proficient in English 
writing and speaking is an advantage. 
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