Request for Proposal

Request for Proposal

Urja Nepal Project

Legal Firm for Comments and Analysis on Right of Way Issues in Nepal’s Electricity and Transmission Sector

Background:

Nepal is endowed with immense potential for generation of electricity from hydropower, solar and wind resources. Development of quality sectoral policies and regulatory frameworks, building high performing electric utilities, strong private sector engagement and robust cross border power trades are essential to capitalized on Nepal’s energy potential which can in turn contribute towards the country’s prosperity.

Urja Nepal supported by the American people through United States Agency for International Development (USAID) and implemented by Deloitte Consulting LLP Nepal aims to create a financially viable electricity sector that provides affordable, reliable, and secure power and enables the entry of private sector investment into the Nepal market through four objectives:

• Objective 1: Utility Performance and Relevant Sector Policies are Improved
• Objective 2: Advanced Energy Systems Deployed
• Objective 3: Increased Private Sector Engagement
• Objective 4: Cross Border Electricity Trade between Nepal and its Neighbors Advanced

Objective:

While investments in Nepal's transmission sector are on the rise, the progress of transmission line development is hindered by challenges stemming from disputes with affected communities. Concerns raised by these communities encompass issues such as insufficient compensation, lack of consultation and proper resettlement, property devaluation, ecological impacts, and a decline in the acceptability of properties for mortgage purposes. Equally challenging is securing clearances from the concerned authorities for using forest land under Right-of-Way (ROW) alignment. Consequently, the construction of transmission lines in Nepal is often marked by delays and disagreements.

Urja Nepal seeks a legal firm to provide legal analysis, language editing, and advisory expertise in the expert augmentation to a ROW report developed by Urja Nepal. This ROW report will describe, based off of Nepal’s domestic institutional, legal, and regulatory arrangements and international case studies, potential solutions in the ROW acquisition process that can help accelerate the deployment of private sector developed transmission lines in Nepal.

Tasks and Timelines:

Task 1: Develop a Right-of-Way (ROW) Report Using Existing/Prior Report Materials (Two Weeks from Contract Execution Date/Initial Review of Project).

In consultation with select Urja Nepal experts, the firm will review and provide policy recommendations based off of existing ROW materials developed by Urja Nepal. This includes an existing 40-50 page report which would benefit from additional and explicit legal insight and expertise on ROW issues in Nepal.

In addition, the firm will provide their legal analysis and input on, but not limited to, the following topics:

• The current legislative and regulatory framework for ROW
• Current land use and ownership practices, laws, and issues
• An overview of the land acquisition process
• Community engagement and stakeholder analysis
• Environmental considerations
• Challenges and considerations related to ROW issues in Nepal
• International case studies and gap analysis
• Recommendations and potential pathways

Deliverable:

1. Report on ROW Issues and Potential Solutions in Nepal

Travel and Effort Requirements:

Travel: The work will be performed in Kathmandu.

Effort: The firm will be provided a 40-50 page report to edit, augment, and further develop.

Past Performance Requirements:

Firm Qualifications:

• Proven experience in energy, electricity, utilities sector: The firm should have a clear track record of representing clients in these sectors, preferably with a focus on transmission right of way development.
• Expertise in social/environmental standards and safeguards: The firm must demonstrate understanding and expertise in national and international social and environmental standards and safeguards related to transmission line projects.
• Experience with transmission lines: Proven technical understanding of transmission line development highly preferred. Prior work with private sector clients on transmission line projects is highly desirable.
• Knowledge of land acquisition and land rights: The firm should have a deep understanding of land acquisition laws, regulations, and processes in Nepal, as well as a solid grounding in issues related to land rights.
• Local presence or partnership: Ideally, the firm should have a local presence in Nepal or a strong partnership with a local firm to ensure understanding of local context, culture, and legal system.

Qualifications of individuals:

• Education: An advanced degree in law with a focus on energy law, environmental law, or a related field.
• Experience: A minimum of 5-10 years of experience in the energy sector, preferably with a focus on transmission right of way development.
• Expertise: Proven expertise in social/environmental standards and safeguards, private sector transmission lines, land acquisition, and land rights.
• Knowledge: Deep understanding of the Nepalese energy sector and its legal and regulatory environment, as well as international best practices.
• Language: Excellent proficiency in English required.

Proposal Submission

Cost Proposal: No more than two (2) pages long, including in a Word Document or PDF:

• Budget table illustrating the build-up for a Firm Fixed Price (FFP) deliverable of the report.
• Narrative explanation of cost (1-3 paragraphs, as required).

Technical Proposal: No more than five (5) pages long, including:

• Approach and methodology (1 page)
• Relevant firm past performance (1-2 pages), including prior work in the topic area(s)
• CVs of proposed candidates (1-2 pages)

The proposal must be submitted by April 23rd, 2024 to be considered in the bidding process.

Other requirements:

• The bidder is expected to submit proposal in English language only.
• The proposal should clearly line out the role of respective resources according to their fields of expertise for carrying out project requirements.
• The bidder is expected to strictly adhere to the timelines proposed for the project completion. Any delay in any of the deliverable shall be reported and aligned with Urja Nepal in advance. 
• The deliverable has to be acceptable to Urja Nepal.
• The different activities shall be documented in a professional manner to be shared with relevant stakeholders for information dissemination.
• The consultant should at all times of the assignment possess the copyrights (licenses in the case of software packages) of the documents, pictures, technical papers, standards used in the study. All documents need to be treated with confidentiality. The bidder may be required to sign a non-disclosure agreement (NDA) that uses an Urja-provided template.

Contact Information

For inquiries, please contact:

Shailee Rajbhandari

Urja Nepal

srajbhandari@urja-nepal.com

+977 980 1160 966

Note: This document does not constitute a commitment on the part of Urja Nepal to fund any proposed project.