Bihar Power System Improvement Project (RRP IND 41626) TECHNICAL ASSISTANCE: BIHAR POWER SECTOR CAPACITY DEVELOPMENT AND IMPLEMENTATION SUPPORT A. INTRODUCTION 1. The Bihar Power System Improvement Project (the Project) is a proposed loan for 2010 included in the Country Partnership Strategy for India 2009-2012 (March 2009). The proposed capacity development and implementation support technical assistance (TA) is listed in the 2010 Country Operations Business Plan will coincide with the proposed Project as a "piggy-back" TA. 2. The loan is scheduled for approval in 2010 and as such, this TA for $300,000 is expected to commence implementation in 2010. The TA will target specific capacity development needs of the executing agency of the loan, Bihar State Electricity Board (BSEB), particularly the most urgent capacity development needs associated with project implementation. B. THE PROPOSED TA 1. Impact and Outcome 3. The TA's impact would be strengthened institutional capacity on general project implementation matters. The outcome of the TA would be solid implementation of the Bihar Power Sector Improvement Project combined with knowledge transfer. 2. Methodology and Key Activities 4. ADB's technical assistance will assist BSEB by addressing immediate project implementation capacity needs. This includes assistance and training related to procurement and contracts management, environment and social safeguards, training and human resource management, and finance and accounts management and reporting. 5. The TA will consist of consultants working with the project management unit (PMU) of BSEB, as well as transmission and distribution engineers conducting construction supervision support at the project sites. 3. Cost and Financing 6. The total cost of the subproject is estimated at $350,000 equivalent. ADB will provide technical assistance not exceeding the equivalent of $300,000 to be financed on a grant basis by the Technical Assistance Special Fund – Other Sources (TASF-Other Sources). The Government of Bihar (GOB) will contribute $50,000 equivalent in kind by providing office accommodation, support facilities, counterpart staff, maps, reports, and other logistical support. 4. Implementation Arrangements 7. The executing agency (EA) will be the Bihar State Electricity Board (BSEB). The Project Management Unit (PMU) of BSEB is in charge of implementing the Bihar Power System Improvement Project and will be the recipient of assistance under this TA. 8. The TA will require the services of individual consultants in the fields of procurement, environment and social safeguards, training and human resource management, and financial reporting. Detailed terms of reference (TOR) are covered in Appendix 2. ADB will recruit the consultants in accordance with its Guidelines on the Use of Consultants (2007, as amended from time to time). The Government of Bihar will provide office accommodate and transport as required, as well as counterpart office staff to be made available. Attachment: (1) Design Cost Estimates, Financing and Implementation Plan (2) Outline Terms of Reference for Consulting Services 2 Attachment 1 COST ESTIMATES, FINANCING AND IMPLEMENTATION PLAN A. Cost Estimates and Financing 1. The total cost of the TA is estimated at US$350,000 equivalent. ADB will finance U$300,000 on a grant basis. The Government will finance the remaining US$ 50,000 equivalent in kind through the provision of administrative setup, including office space, office equipment, and local communication and transportation. Detailed cost estimates and financing plan are in Table 1. Table 1 COST ESTIMATES AND FINANCING (US$'000) Total Cost Item A. Asian Development Bank Financing 1. Consultants a. Remuneration and Per Diem i. National Consultants b. International and Local Travel a c. Reports and Communications 2. Contingencies Subtotal (A) B. Government Financing b 1. Office Accommodation and Transport 2. Remuneration and Per Diem of Counterpart Staff 3. Contingencies Subtotal (B) Total 173.1 93.5 3.7 29.8 300.0 20.0 20.0 10.0 50.0 350.0 a Includes airfare, per diem expenses and land travel and/or vehicle hire. These costs are in-kind costs borne by the executing agency. Source: Asian Development Bank estimates. b B. Implementation Arrangements 2. The TA will require the services of 5 domestic consultants, for a total of 34 person-months. The national consultants include a Procurement Specialist, an Environment and Social Safeguards Specialist, a Training and Human Resource Management Specialist, a Financial Reporting Specialist and an Institutional Specialist. ADB will recruit the consultants in accordance with its Guidelines on the Use of Consultants (2007, as amended from time to time). All consultants will be recruited individually. 3. Bihar State Electricity Board (BSEB) will be the executing agency (EA). BSEB is to provide adequate office accommodation and administrative support to the consultants for carrying out the tasks of the TA. It is expected that the TA will commence in Q4 2010 and will be implemented during a 3 year period. Any equipment for the TA will be procured according to ADB’s Procurement Guidelines (2007, as amended from time to time) and will be turned over to EA upon TA completion. Attachment 2 OUTLINE OF TERMS OF REFERENCE FOR CONSULTING SERVICES 1. The team composition of the national experts along with their estimated person months (intermittent during 2 year period) is shown in the table below: A. Consultants Team Composition A. Consultants B. No. of Experts 1. Procurement Specialist 2. HR Management cum Training Specialist 3. Finance and Accounts Specialist 4. Social, Environmental and Resettlement Specialist 5. Institutional Specialist 1 1 1 1 Total 5 1 National National National National National National Total P-M 6 9 8 8 3 34 Scope of Works 2. The primary responsibility of the Consultants is to advise and assist the EA’s PMU in management of sub-projects, providing technical support, administration and implementation of the TA and loan financed projects. 1. Social, Environmental and Resettlement Specialist (8 person months) Detailed Tasks: i. Assist PMU in development of forest cases, compensation cases, pre-construction activities and liaise with the various Central and State Government agencies on Social Safeguards, Environmental and other regulatory matters; ii. Review and approve the Contractor’s Implementation Plan for the Social Safeguards, Resettlement and Environmental measures, as per the EMP and/or RP in consultation with ADB, BSEB and other concerned State Govt. Agency; iii. Interaction with local & national and/or international NGOs and Community groups in establishing dialogue with the affected communities and ensure that the Social Safeguards and Environmental concerns and suggestions are incorporated and implemented in the project; iv. Ensure that the project design and specification adequately reflect the Social Safeguards and Environmental Management Plan, • Provide orientation for Field Staff on safeguard measures, including implementation of the Environmental Management Plan (EMP), Resettlement Plan. • Supervise the implementation of environmental mitigation and monitoring measures as specified in the EMP. • Assist in developing the forest and compensation cases. • Monitor and supervise resettlement and other social impact mitigation activities, as defined in the Resettlement Plan, resettlement framework, and indigenous peoples’ development framework. • Assuring that all the safeguards related works (resettlement and timely disbursement of compensation, necessary mitigations, etc) are completed before the preconstruction activities; 4 Attachment 2 v. vi. vii. viii. ix. x. xi. Coordinate, monitor to ensure that all concerned activities being implemented smoothly by Field Staffs and contracting firms; Represent PMU, Government Agencies and the ADB in supervision of the implementation of the EMP and/or RP during the construction as well as operation stage of the projects by the contractor as per guidelines of ADB; Review environmental, social and poverty assessment reports of contractors and submit it to PMU, ADB and BSEB; Provide the guidelines during land acquisitions (if any) and ensure proper monitoring and implementation of RPs etc.; Assist in training of PMU Field staff on Social and Environmental issues; Periodical performance monitoring, review and evaluation of resettlement activities and mitigation of social and environmental plans and reporting of different phases as per ADB guidelines; and, Assist BSEB to prepare a Grievance Redress Mechanism, acceptable to ADB, and assist establishing a task force at the BSEB to receive and resolve complaints and/or grievances or act upon reports from stakeholders on misuse of funds and other irregularities, including grievances due to resettlement and environmental issues. Output and Reporting Requirements: Inception Report Quarterly Progress Report Assessment of PMU Review of Terms of Reference with recommendations, if appropriate, on any alternative approach. a) ADB Loan Background and Basic Data b) Environmental and Social Implementation Plans and Progress c) Utilization of Funds for these Plans d) Safeguard Issues and Progress e) Compliance with safeguard related Loan Covenants PMU organization review from a safeguards perspective, training needs assessment and safeguards training implementation plan. Attachment 2 2. Procurement Specialist (6 person months) Objective and Purpose of the Assignment: The consultant will support the implementation of the ADB Project by assisting the Project Management Unit (PMU) to ensure timely and proper management of the procurement and bidding processes. This role also includes transferring capacity to the EA in procurement matters with particular attention to ADB's Procurement Guidelines. Scope of Work and Detailed Tasks: i. Preparation: Assist PMU in the preparation of each sub project bidding documents (studies, investigations, designs, specifications and drawings, contract conditions, commercial conditions, Bill of Quantities) to properly define the work; ii. Procurement: Review tender documents in accordance with BSEB and ADB’s standard procedures and guidelines. In the review of the tender documents, the expert shall particularly consider completeness of the scope of work, coherence between sections, constructability, cost, risk, shared risk and consequences thereof, and compliance with ADB’s procurement procedures and guidelines; iii. Evaluation: Assist with advertisement, pre bid meetings, evaluation of technical and financial bids, preparation of bid evaluation reports, contract negotiations and preparation of documents for contract signing, and advice on submission of documents to ADB for review and approval; and iv. Assist PMU in preparation of contract documents. Output and Reporting Requirements: Inception Report Quarterly Progress Report Review of Terms of Reference with recommendations, if appropriate, on any alternative approach. a) ADB Loan Background and Basic Data b) Procurement related status, including contract award data. c) Procurement Issues and Progress d) Compliance with procurement related Loan Covenants 6 Attachment 2 3. Finance and Accounts specialist (8 person-months) Objective and Purpose of the Assignment: The consultant will be responsible for working with the PMU to ensure timely management of all financial and reporting related requirements under the ADB loan. Scope of Work and Detailed Tasks: i. To assist PMU in preparing and maintaining separate accounts for projects and/or contracts for ADB funded projects viz. accounting books, documents, records, bank accounts, financial statements etc. These may be consolidated on prescribed formats for appraisal or update for ADB, BSEB and Auditing agencies as per guidelines of ADB; ii. Impart training to PMU accounts staff with regard to book keeping and payment system; iii. Pre-checking of bills of contractors due for payment besides other claims and processing of penalties, if any, and keeping track of disbursement etc. with the Accounting Unit; iv. Assisting in preparing financial analysis as well as updating an economic appraisal of the sub-projects to be implemented in forthcoming tranche with regard to current operating cost, time cost and time schedules etc. and also examine its aggregate (total) effect on the project, evolving appropriate cost control mechanism; v. Assist PMU in Funds Management, Banking Operations, Payments and reconciliation. vi. Dealing with Insurances & Insurance claims with regard to ADB Projects; vii. Cost analysis, performance budgeting and functional budgeting, variance analysis and cost control for projects and apprise to PMU and ADB accordingly; viii. Assist in preparation of the reply to the internal and/or external Audit of all ADB Projects as per guidelines; ix. Periodical performance monitoring, evaluation, review and reporting of different phases as per ADB guidelines; x. Developing computerized accounting and Financial Information System for PMU; and, xi. Work on developing an effective “Claims Avoidance Regime”. Output and Reporting Requirements: Inception Report Review of Terms of Reference with recommendations, if appropriate, on any alternative approach. Quarterly Progress Report Covering all project activities to include a) Loan Background and Basic Data b) Implementation Plans and Progress c) Utilization of Funds d) Safeguard Issues and Progress e) PPMS f) Compliance with Loan Covenants g) Loan Implementation Issues h) Bidder Complaints Attachment 2 4. HR Management cum Training specialist (9 person-months) Objective and Purpose of the Assignment: The consultant will be responsible for working with BSEB within the PMU to facilitate the implementation of the capacity development component under the ADB loan, including the consultant recruitment process for the loan funded capacity development activities. Scope of Work and Detailed Tasks: i. Organization and management. Assess and propose necessary improvements for organizational effectiveness: clear functional responsibilities by department and district offices, efficient reporting structure and procedure, and staffing allocation for PMU and Divisional offices; ii. Capacity development plan. Prepare a capacity development plan for BSEB, by taking the report prepared by the Institutional specialist including the needs assessment, description of improvement programs with implementation time frame, and indicators and milestones for measuring progress and achievements; iii. Assist PMU in preparing the Terms of Reference and hiring for the Consultant for the HVDS system training, pilot implementation and DPR preparation; and conduct a need assessment in consultation with EA for development of specifications for Meter and Relay testing labs, Transformer repair workshop equipment to be procured under the loan component. iv. Training. Conduct a diagnostic needs assessment of the current technical and management skills and capacity, identifying specific deficiencies and proposing targeted improvements with a time frame. Based on this, develop and implement practical training programs consisting of in-house workshops and seminars. Recommend an effective setup for the on-the-job training and monitor progress; v. Assist in developing key capacities within the PMU and field staff. Some illustrative topics include, but are not limited to: Procurement, Financial disbursements, safeguards reporting, Loss reduction and Distribution Management Planning usage of CYME software for load management, Construction Management and Supervision Training, Claims management, project management training, Energy Audit, use of GPS techniques in network management, Compliance reporting to electric regulatory commission (ERC) regulations, manpower planning and organization design etc.; and, vi. Assist in the selection of suitable candidates for training programs and local study tours and appropriate venues for their training through the combined knowledge and experience of the consultant team. Output and Reporting Requirements: (i) Training plan including TOR and budget for consultant training needs. 8 Attachment 2 5. Institutional Specialist (3 person-months) Objective and Purpose of the Assignment: The consultant will be responsible for working with BSEB to conduct the intermediate and longer term needs assessment in institutional capacity in regards to commercial, financial and regulatory activities, and in corporate and managerial planning. Scope of Work and Detailed Tasks: (i) Review BSEB's institutional capacity for carrying out commercial, accounting, financial and regulatory related activities. (ii) Review BSEB's corporate and management planning activities and capabilities. (iii) Identify the presence of any institutional capacity development programs that are in implementation or are to be undertaken over the next 3 years by stakeholders, including central and state government programs or other agencies. Assess how these programs would meet BSEB's institutional capacity requirements. (iv) Based on the above, identify existing gaps and recommend immediate and longer term solutions and prepare a short report on management information system gaps on the institutional, accounting and finance at BSEB (not an IT experts’ perspective) including developing requisite TORs recommending next steps for bringing in the requisite IT expertise for specific system design activities, as required (whose activities would be outside the scope of this TA and could be funded under loan component).. (v) Conduct needs assessment and prepare a list of required hardware and software for procurement as proposed under the Loan of Divisional offices. (vi) Prepare detailed report, including consultation with ADB mission leader, on intermediate and longer term training needs including a plan and proposed program with terms of reference (TOR) for recommended consulting services. The report shall also identify required capacity enhancement and specific training needs for BSEB staff in the field of management information systems that would need to be met before the installation and operation of IT systems at the divisional level. Output and Reporting Requirements: Training plan including TOR for consultant training needs.