Expressions of Interest for Selection of Legal Advisory Services at PHCN

PHCN
Federal Republic of Nigeria

Selection of Legal Advisory Services for Electric Power Sector Reforms in Nigeria.

Request for Expressions of Interest

Nigeria Electricity & Gas Development Project Consulting Services

Credit No.: IDA 46200 UNI.

Project ID No.: P106172

Expressions of interest — QCBS-03
The Federal Government of Nigeria has received a credit facility on behalf of Transmission Company of Nigeria (TCN) from the International Development Association (IDA) under the World Bank towards the cost of Nigeria Electricity and Gas Improvement Project (NEGIP). The Transmission Company of Nigeria (TCN) therefore intends to apply part of the proceeds of this credit to payments under the contract for Technical Assistance for Legal Advisory Services on the Nigerian Bulk Electricity Trading PLC (NBET) hereafter refers as “the assignment”.

Background

With a view to effectively tackling various problems facing the Nigerian power sector, including shortage of power generation capacity and severe constraints in the transmission and distribution networks, the Federal Government of Nigeria (FGN) launched a Road Map for Power Sector Reform in August 2010, which outlines specific goals of a comprehensive reform program anchored on the Electric Power Sector Reform Act 2005. In July 2010, it incorporated a new bulk power purchase and resale entity, the Nigerian Bulk Electricity Trading PLC (NBET) mandated to negotiate and implement Power Purchase Agreements (PPAs) with Independent Power Producers (IPPs) and privatised power generating plants, and resell the power to distribution companies through Vesting Contracts, with the objective of building confidence in the Nigerian Electricity Market. It will also take over existing power purchase obligations already negotiated with some IPPs. The on-going reform has led to the unbundling of the national integrated utility, Power Holding Company of Nigeria (PHCN) into eighteen (18) Successor Companies with six generation, one transmission and eleven distribution companies respectively. Due its central role, The Transmission Company of Nigeria has assumed certain central administrative functions of PHCN.

The Project Management Unit (PMU), as the implementing Agency for the Transmission Company of Nigeria (TCN) now invites eligible consultants to indicate their interest in providing legal advisory services that would amongst other things, enhance its negotiating, capacity in respect of PPAs and Vesting Contracts, and identify legal and regulatory bottlenecks and related mitigation measures ahead of contractual closing of transactions entered into as part of the Nigerian Power Sector Reform Program. The legal advisory services will cover both Greenfield and Brownfield power projects. It will also include advice on the alignment of the PPAs and Vesting Contracts with other related industry agreements, advice on the securitization package and related agreements for the transactions and advice on the innovation of existing PPA obligations and gas securitization arrangements to NBET.

The shortlisted legal consortium shall comprise at least one international Law firm (International Counsel) with multinational legal practise and sector specific electricity expertise and at least one local Law Firm(Local Counsel) being a law firm primarily based in Nigeria (collectively called the Consultant’).

The duration of assignment is thirty six (36) calendar months from the time of contracting.
The PMU requires that all firms responding to this request for Expressions of Interest must have at least ten (10) years of relevant consuitancy experience including recent experience in advising governments on development of power projects, sale of power assets, drafting of power purchase agreements taxation and royalty payments, sale and purchase of natural gas assets, corporate transactions, project financing, power utility engineering and construction.

Submission of Expressions of Interests (EOIs)

Interested consultants 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 staft etc.). Consultants may associate to enhance their qualifications.

Consultant will be selected in accordance with the procedure set out in the World Bank Guidelines: Selection and Employment of Consultants
under IBRD Loans & IDA Credits & Grants by World Bank Borrowers January 2011. A Consultant will be selected in accordance with the quality and cost based selection method set out in the Consultant Guidelines.

Expressions of Interest must be submitted in six copies (one original and two copies) and soft copy in a sealed envelope clearly marked “Expressions of Interest for Selection of Legal Advisory Services”.
Further information can be obtained at the address below during office hours i.e. 9.00 a.m to 5.00 p.m local time.

Closing Date
Expressions of interest must be addressed and delivered not later than 5:00pm on 17th October, 2012 at the addresses below:

Address (1)
Engr. B. C. Nwozor
General Manager - PMU
Project Management Unit (PMU),
7, Kampala Street, Wuse II,
Abuja 900288, NIGERIA.
Tel: +234-9-8705449
E-mail: phcnpmu@nepapmu.org
Webs ite: www.nepapmu.org

Address (2)
Engr. O. O. Akinniranye
Chief Executive Officer
Transmission Company of Nigeria
Plot 441, Zambezi Crescent, Maitama
Abuja, NIGERIA

Attention: General Manager—Project Management Unit

Only Short-listed firms would be contacted.