The Government of Senegal (GoS) and the National Sanitation Office of Senegal (ONAS) (the “Client”) identified a site to develop a new wastewater treatment plant (WWTP) in Tivaouane Peulh that will be developed as a public private partnership (PPP) designed under a hybrid PPP scheme as part of the Senegal Water Security and Sanitation Multi-Phased Program by the World Bank (the "Project").  IFC Advisory Services (“IFC Advisory”) has been retained by the GoS to provide direct transaction advisory services develop the Project.

The Project will be developed under a hybrid PPP scheme whereby ONAS seeks to identify a private sector participant to design, partly finance, build and operate the WWTP while the Government will provide between 40 and 60% of CAPEX funding through a WB loan, to improve the affordability of the Project. The duration of the PPP contract is expected to be between 20 and 35 years (to be confirmed).

The proposed WWTP is expected to have a design capacity of 39,000m3/d. The WWTP design is expected to include a primary, secondary and tertiary treatment process, as needed to safely enable treated wastewater reuse in agriculture. The proposed Tivaouane Peulh WWTP would be a greenfield plant that would double Dakar’s current wastewater treatment capacity.

IFC will appoint a law firm (the “Consultant”) to provide legal support during the various phases of the project - Phase 1 (legal due diligence) and Phase 2 (PPP tender implementation) of the Project. The support relates to all legal aspects of the project, including legal due diligence, preparation of tender documents (draft tender documents and final tender documents), drafting of the PPP Agreement and any other transaction documents, and conducting a fair and transparent tender process, through to commercial close.

Expression of Interest – Legal Consultant

1.  Background

The Government of Senegal (GoS) and the National Sanitation Office of Senegal (ONAS) (the “Client”) identified a site to develop a new wastewater treatment plant (WWTP) in Tivaouane Peulh that will be developed as a public private partnership (PPP) designed under a hybrid PPP scheme as part of the Senegal Water Security and Sanitation Multi-Phased Program by the World Bank (the "Project").  IFC Advisory Services (“IFC Advisory”) has been retained by the GoS to provide direct transaction advisory services develop the Project.

The Project will be developed under a hybrid PPP scheme whereby ONAS seeks to identify a private sector participant to design, partly finance, build and operate the WWTP while the Government will provide between 40 and 60% of CAPEX funding through a WB loan, to improve the affordability of the Project. The duration of the PPP contract is expected to be between 20 and 35 years (to be confirmed).

The proposed WWTP is expected to have a design capacity of 39,000m³/d. The WWTP design is expected to include a primary, secondary and tertiary treatment process, as needed to safely enable treated wastewater reuse in agriculture. The proposed Tivaouane Peulh WWTP would be a greenfield plant that would double Dakar’s current wastewater treatment capacity.

IFC will appoint a law firm (the “Consultant”) to provide legal support during the various phases of the project - Phase 1 (legal due diligence) and Phase 2 (PPP tender implementation) of the Project. The support relates to all legal aspects of the project, including legal due diligence, preparation of tender documents (draft tender documents and final tender documents), drafting of the PPP Agreement and any other transaction documents, and conducting a fair and transparent tender process, through to commercial close.

2       The Project

Most of Dakar relies on onsite sanitation, primarily latrines. Only 32% of the population is covered by the sewerage system (122,258 connections). The Office National d’Assainissement du Sénégal (ONAS) manages both onsite and sewered sanitation, as well as stormwater management. According to World Bank data, although Greater Dakar consumes 445,555 m³ of water each day, only 126,000 m³/day of wastewater is collected by the sewage system. The total capacity of Greater Dakar’s 12 existing wastewater treatment plants (WWTP) is only of 35,531 m³/day, treating just 28% of the collected wastewater, with only about 9,500 m³/day treated to tertiary levels.

Poor sanitation affects health, productivity, and the environment. It also increases disease, infant mortality, and school absenteeism and disproportionately impact women who manage water collection, cooking, cleaning, and childrearing.

To overcome this problem, the Government of Senegal (GoS) and ONAS seek to extend the collective sanitation system to the East area of Dakar in order to cover the departments of Pikine and Guédiawaye and to develop a new centralized WWTP in Tivaouane Peulh. The Project is intended to have a design, finance, build, operate, transfer (DFBOT) structure.

3       Project Phases

IFC’s advisory services are to be carried out in 2 phases, in each case, subject to confirmation by IFC and the Client to proceed to the next phase:

·        Phase 1: Transaction Preparation: Legal investigations; Feasibility Assessment, PPP Structuring and approvals, followed by, after a consultation period, and if approved by the Client:

·        Phase 2: PPP Transaction Implementation: Tender implementation; bid evaluation; negotiation and award.