(AP3F003-PP001) Project preparation assistance for the Dhaka road bypass project (legal services)
Project Preparation
The beneficiaries are:

1. PPP Authority (PPPA)
2. The Prime Minister’s Office
3. Roads & Highways Department (RHD)
4. Ministry of Road Transport & Bridges (MRTB)

The upgrading of the Joydevpur-Bhulta-Madanpur road (the Dhaka Bypass) will help alleviate traffic congestion in the city center, enhance road network connectivity, meet economic/traffic growth targets, and reduce CO2 emissions and air pollution

In December 2013, PPPA selected a transaction advisor for the preparatory works of the Dhaka Bypass as a PPP. Legal consultants were appointed under World Bank’s technical assistance up to March 2016. A Draft Request for Proposals (RFP), and Draft Concession Agreement were submitted by the TAS Consultant to the PPP Authority in September 2016, but were not found satisfactory. In November 2016,

PPPA requested ADB’s support under TA 89981 to provide short term legal assistance to finalize the Concession Agreement in accordance with Bangladesh laws and international best practices. However, assistance provided under TA8998 does not include legal services required during the bidding period up to the commercial close. PPPA therefore requested support from AP3F to provide legal assistance to competitively bid the Dhaka Bypass PPP Project and bring it to financial close.

Key Activities

Legal services to competitively bid the Dhaka Bypass PPP Project (Project Preparation Support on a recoverable basis):

  • Respond to legal issues arising during the bidding period,
  • Provide legal support to PPPA during negotiations with the preferred bidder; and
  • Provide legal support to PPPA through Commercial Close

Preparation of templates and guidelines for future road transport sector projects (Capacity-Building on a non-recoverable grant basis):

  • Prepare guidelines, training materials, lessons learned documents for road transport projects in Bangladesh; and
  • Conduct two workshops for PPPA employees and RHD PPP Cell officials on the use of templates and guidelines
Expected Outcomes

At least three (3) road transport projects to achieves commercial or financial close using legal documents and guidelines prepared as part of the AP3F assistance by 2020