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Hiring and Managing Advisors
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Guides government officials through the issues involved in hiring and managing advisors for tendering, contracting, and managing private sector contracts in various sectors. |  | | Section Title | Download | | 1. Principles of selection for advisory services to support Private Participation in Infrastructure | 96KB, PDF | | 2. What is PPI? | 228KB, PDF | | 3. The role of advisors | 436KB, PDF | | 4. Defining the project and contract | 421KB, PDF | | 5. Use of advisors for small-scale projects | 36KB, PDF | | 6. The role of donor agencies in PPI | 729KB, PDF | | 7. Selecting advisors | 438KB, PDF | | 8. Paying advisors for their advice | 185KB, PDF | | 9. Managing the PPI advisory services | 41KB, PDF | | 10. Annexes | 118KB, PDF |
|  | | 1. Principles of selection for advisory services to support Private Participation in Infrastructure |  |  | | Why PPI? | Governments choose PPI to reduce the risks associated with operating and constructing infrastructure, and also, with limited budgets, to use available funding for other purposes. Proper use of advisors is critical to successful PPI. | | The role of government in PPI | For successful PPI, governments must set clear policy objectives, establish a sector framework and manage implementation of PPI. | | Effective advisors | General characteristics of a successful PPI include a government's determination of the chain of command for a project, its management role, the project's timeline, and determining available resources prior to choosing external advisors. | | Principles for selection of advisors | Common characteristics of effective selection processes for advisors include transparency, fairness and cost effectiveness, and seek to address conflicts of interest. |
|  | |  | | 2. What is PPI? |  |  | | Stages of PPI | There are broadly four stages for governments' involvement in PPI: formulating the policy; establishing a legal and regulatory framework; tendering the contract; and managing the contract. Advisors' roles throughout are characterized. | | Stage one: Formulating the policy | Establishing the broad policy framework prior to introducing PSP requires defining clear objectives, developing options for meeting these objectives, appraising the options, and then selecting one. | | Stage two: Establishing the legal and regulatory framework | Developing the preferred option in greater detail, drafting legislation and other legal instruments, and developing appropriate institutions while taking steps to ensure their effectiveness are required to establish a legal and regulatory framework for PPI. | | Stage three: Tendering the contract | Outlines the steps necessary to tender a PPI contract. These include designing project timetables, alerting potential private sector investors through various media, short-listing preferred bidders, developing requests for proposals, evaluating bids, and awarding the contract. A sample project timeline is provided. | | Stage four: Managing the contract | The level of government management required for the contract to perform effectively varies according to the PPI's structure. Governments should allocate significant resources for contract management, particularly if it is new to PPI. |
|  | |  | | 3. The role of advisors |  |  | | Overview | Advisors should be chosen based on their skills, as many different companies offer different services. Advisors' range of skills includes economic, financial, legal, technical, human resources, public relations and others. Each can lend expertise at specific stages of a project's development. A timeline sets out the roles played by different types of advisors within the PPI framework. | | Advisors in the four stages of the PPI process | Different types of advisors are used to formulate policy, establish a regulatory and legal framework, to tender the contract, and to manage the contract. Discussion of whether advisors should provide a lead or supporting role for each stage. | | Topics in hiring advisors: Local advisors | Local advisors are useful for their country knowledge, and can assist in building local capacity or in transferring knowledge. They also may be more qualified than international consultants. | | Topics in hiring advisors: Private sector and advisors | The private sector may also use advisors in the project, either to gain additional expertise or to lower costs. Discussion of how to avoid potential conflicts of interest when using advisors that may work for both the private and public sectors. |
|  | |  | | 4. Defining the project and contract |  |  | | Defining the project and contract | This module outlines best practices for defining a project's scope and introduces key concepts for project design. | | Grouping advisors | Governments should specify the skills they need, not the type of company they require. Companies can group themselves for a project to ensure quality and performance. | | Grouping projects | Project units or governments have the option of awarding one larger contract or several smaller ones. Disadvantages for awarding several small contracts include increased project management role, impact on timetable, and increased number of companies in uncoordinated roles. Pre-formed consortia are preferred. | | Setting a timetable and budgeting | Timetables should be realistic but flexible. A budget should be defined to meet the program requirements and include types of advisors needed. | | Conflicts of interest | A credible process to resolve conflicts of interest should be established prior to awarding the contract, along with criteria for disqualification. Options for conflict resolution are briefly discussed. | | Recognizing constraints | The government should design the scope of work to reflect the budget. Otherwise, advisors may have to meet terms of reference that don't match a project's funding. Governments can limit budgets by including junior staff on the project, assuming responsibility for some tasks, or by reducing the project's scope. |
|  | |  | | 5. Use of advisors for small-scale projects |  |  | | Costs | Small projects' budgets often do not allow for expert technical assistance and other costs because the cost of advisors may be expensive relative to the project's total cost. | | Shortening the PPI process | Shortening the four-stage process can reduce costs, as there is less need for rigorous policy development and institution building, and the range of options for small projects is smaller and less complex. | | Decreasing or eliminating advisory involvement | Eliminating the need for some services and combining some advisory roles can reduce a project's total costs. Also, states with previous experience in PPI may reduce the need for advisors by assuming increased responsibility. | | Selection process | The appraisal process for small projects has unique characteristics. In particular, size and knowledge of the project will limit the number of interested companies, and the project unit's lack of experience will limit the evaluation/selection process. | | Wrinkles in competitive bidding | National competitive bidding, listing with interested companies, and coordinating joint bids from several small communities may limit the cost of undertaking a bid. | | New risks | Because the level of expertise for a smaller project is probably lower because of its size, small projects face the risk of hiring bad advisors. Risk reduction strategies are provided. |
|  | |  | | 6. The role of donor agencies in PPI |  |  | | Overview | This module describes the main multilateral and bilateral agencies and their lending policies (as of November 2000), along with their sources of funding for technical assistance. | | Why use donor agencies in PPI? | External funding for technical assistance has many benefits, including expertise in procurement and experience in project management, but it also has tradeoffs that need to be considered. | | Overview of donors | Overview of multi- and bi-lateral agencies' roles and programs, including the World Bank, African Development Bank, Asian Development Bank, Inter-American Bank, the European Bank for Reconstruction and Development, the EU, the Caribbean Development Bank, along with various targeted trust funds. | | Criteria for donor assistance | Eligibility, selection, advertising, and evaluation criteria, along with criteria for using individuals, vary by donor agency. Detailed charts provide information on each of these for various agencies. |
|  | |  | | 7. Selecting advisors |  |  | | Overview | Once the scope of the project has been defined and funds have been allocated, an appropriate tendering process can be chosen to select and hire advisors. | | Principles of the tendering process | Generally, competitive tendering for advisory services helps the government achieve an appropriate balance between quality and price, while meeting a government's stated objectives. | | Steps in the evaluation process | Outlines the steps and documents that comprise the competitive bidding process, and provides a rationale for their inclusion in the process. These include: terms of reference, shortlisting, soliciting expressions of interest, setting evaluation criteria and committees, addressing stakeholder acceptability, finalizing the request for proposals, approaches to score proposals, and informing both the successful and unsuccessful bidders. | | Advisors' proposal strategies | Bidders use different strategies to procure business such as bidding low for market entry, for prestige projects, or to undermine new competition. Bidders also may offer senior staff in a proposal, only to substitute less experienced, junior staff once the project begins. | | Advisors' conflicts of interest | To avoid potential conflicts of interest with advisors, governments should establish clear rules and procedures to be used throughout the hiring and managing process. |
|  | |  | | 8. Paying advisors for their advice |  |  | | Paying advisors for their advice | This module describes how fixed fee contracts, success fee contracts, time and materials contracts, and indefinite quantity contracts (IQCs) can be structured to best manage advisors, and discusses the situations under which these contract types are appropriate. | | Special considerations for indefinite quantity contracts | IQCs are used when the specific workload is unknown, but advice is needed. Special considerations such as controlling costs, selection and evaluation criteria, and limitations are discussed. | | Advisors' remuneration | To balance the needs of advisors with the goals of governments, payments should be linked to specific outputs set by government. | | Contracting | Contractual safeguards assist in protecting government interests and limiting liability for the project. Suggestions for elements to include in the contract are provided. |
|  | |  | | 9. Managing the PPI advisory services |  |  | | Managing the PPI advisory services | Managing advisory services of PPI and securing private investment may require internal reorganization and reform of government institutions. This involves heavy commitment, stakeholder involvement, project management skills, financial monitoring, conflict resolution mechanisms, and high-level support. | | Staffing the agency | The scope of PPI will determine the number of staff, level of expertise and seniority, and need for inputs from external experts. A detailed process for determining staffing requirements is provided for a management contract and an asset sale. | | Resource requirements | The significance of managing advisors is addressed, including the need for highly qualified and dedicated staff, the potential for paying above- normal civil-servant pay scales to attract able staff, and attention given to the time required for effective management. | | Organizations for monitoring | Steering groups and privatization units are both common approaches to monitoring advisors and facilitating communication between advisors and the government unit. | | Stealth management | For smaller projects, establishing a privatization unit may not be cost effective. In this case, regular progress reports may be used as a substitute. When relevant expertise is not available within the government to monitor advisors, an independent external advisor may be able to evaluate the advisors' work. | | The importance of communication | Because communication among stakeholders and project participants in a PPI is so important, interaction through seminars, workshops, publications, road shows and information campaigns can help promote the reform process and generate support for PPI. |
|  |  | Â  | | 10. Annexes |  |  | | Annex 1: Sample terms of reference | - Power sector regulation
- Mulitmodal transport strategy
- Water regulation
- Power sector reform
- Rail sector PSP
| | Annex 2: Sample forms to evaluate proposals | Includes technical and financial evaluation. | | Annex 3: Format for proposals (from World Bank) | Format for technical and financial proposals. |
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