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
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Location: Laos
Asian Development Bank
Not available
Closed
05 May 2022
11 May 2022
20000
Takeshi Ueda
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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