Aide Memoire – March 2015 TA Capacity Building for Hydropower and Project: Project Stage: Implementation Mining Sectors(HMTA) Project Team Leader(s): Franz Gerner, Sombath Southivong Country: Lao PDR Project Development Objective To increase human capacity and improve the performance of government oversight institutions for the hydropower and mining sectors. Key Project Data Original Financing Project Number P109736 Effectiveness Date 4 August 2010 Closing Date 30 September 2015 IDA Grant Amount US$ 8 million IDA Disbursement 95% Mission Start Date 23 February 2015 DFAT Grant Amount US$ 2.54 million DFAT Disbursement 100% Mission End Date 6 March 2015 Additional Financing Grant/Credit Amount US$ 17.8 million Effectiveness Date 22 September 2014 Closing Date 30 September 2018 AF Disbursement 3.2% Date of Last Mission November 2014 Date of Next Mission June 2015 PDO Rating Satisfactory IP Rating Moderately Satisfactory . Introduction 1. The Bank1 carried out an implementation support mission for the TA for Capacity Building for Hydropower Mining Sectors (HMTA) Project from February 23 - March 6, 2015. The objectives of the mission were to: (i) review project implementation progress; (ii) identify issues and challenges; (iii) make recommendations to the project implementing agencies; and (iv) agree on next steps to ensure achievement of project development objectives. 2. This aide-memoire summarizes the findings, recommendations and agreements reached. The aide-memoire will be publically disclosed. The mission would like to express its gratitude for the hospitality provided by MEM, MONRE, MOF, MPI and NA (Annex 1 provides a list of the people met). Key Issues 3. Progress towards achieving PDO: Overall progress towards achievement of the PDO is Satisfactory. The key intermediate performance indicator targets as defined in the project result framework are on track. 4. Project Implementation Progress (IP): The project continues to make good implementation progress. 95 percent of the original IDA grant and 100 percent of the Australian Department of Foreign Affair and Trade - DFAT grant have been disbursed. The remaining IDA allocation has been fully committed. More than 90 percent of the training plan has been successfully implemented. All goods packages have been procured and delivered. Most TA packages have been implemented and the final deliverables of remaining packages are expected by April 2015. 5. Annual work, procurement and training plans under the AF have received Bank clearance. A number of national and technical consultants to support project implementation of various components are currently being procured and are expected to be mobilized in the coming months. Procurement of several important TA packages including power trade reform study, mining sector strategy and strategic environmental and social assessment are underway. 1 The mission was led jointly by Franz Gerner (Task Team Leader) and Sombath Southivong (Co-Task team Leader) and also included Daryl Fields (Senior Water Resources Specialist), Morten Larsen (Mining Specialist), Francisco Igualada (Senior Mining Specialist), Cristina Maria Ladeira Ferreira (Senior Legal and Regulatory Expert), Richard MacGeorge (Lead Infrastructure Finance Specialist), Sirirat Sirijaratwong (Procurement Specialist), Hoai Van Nguyen (Procurement Specialist), Phaymany Philakone (Financial Analyst), Kate Lazarus (Senior Operations Officer, IFC), Vilayvanh Phonepraseuth (Operations Analyst), Mark Segal (Consultant), Harvey Salgo (Consultant) and Kaysone Vongthavilay (Program Assistant). 1|P a g e Aide Memoire – March 2015 A key challenge is finalizing the fiscal regime and IPP process TORs. Further delays in finalizing and procuring these TORs will have major negative impacts on the implementation key HMTA-AF activities. 6. Hydropower and Mining Fiscal Regime Agenda: A Fiscal Mining and Hydropower Workshop was successfully organized from February 26-27, 2015. The workshop was chaired by Vice Ministers of MEM and MOF. The workshop re-affirmed the importance of establishing clear, transparent and non-discriminatory policy principles for the mining and fiscal regimes. The workshop provided an open forum for stakeholders to raise and discuss key operational challenges facing the current fiscal arrangements. Many comments related to human resource constraints and lack of enforcement and compliance. Stakeholders also expressed the need to improve inter- ministerial coordination on fiscal issues. 7. The workshop confirmed the fiscal mining policy approach which was previously endorsed by MOF and the inter- ministerial hydropower and mining fiscal regime committee (the Committee), including: (i) average effective tax rate (AETR) in the order of 45% of company net profits before tax and royalty payments; (ii) introduction of progressive instruments in order to capture “super-profits” at the peak of commodity price cycles; and (iii) coherence with the primary tax laws. 8. As a result of the Workshop, a MOF ‘Decision on Policy Direction for the Hydropower and Mining Fiscal Regimes’ has been approved, which reflects strong commitment of MOF and MEM to advance the fiscal regime agenda. Detailed Project Status Joint Hydropower and Mining Learning Program: 9. Learning program for sector professionals: Good progress has been made under this sub-component. The Department of Personnel and Organization (DPO) has continuously carried out capacity building activities in close coordination with technical departments. The annual training plan for 2014-15 received Bank clearance in December 2014. Key important areas for further improvement identified include the need for further analysis of the training requirements based on skill gaps to perform core functions, balancing short, medium and long-term needs. The mission also encouraged DPO, with support from the national consultant, to coordinate with the NUOL and education institutes to identify potential training service providers for short and medium-term technical training courses when resource persons are not available in house. 10. The procurement process for an international consultant to support the development of MEM learning strategy and improve HRD framework, which aims to promote information sharing, knowledge transfer and sustainability, is underway. The aim of this consulting service is to make a clear link between the HRD framework and the need to address capacity gaps in MEM and PDEMs in managing hydropower and mining sector in line with improved business process/model for the sector. With limited resources, the focus should be on building skills to meet the need to manage core functions of the two sectors. In addition, the consultant will also assist MEM to assess model and means for training services provision. The draft TOR was submitted for Bank review in February 2015. The task team met with the DPO to clarify the scope of work of the consultant and suggested DPO to explore the potential of existing education institutes as available resources to implement the MEM learning strategy. The development of Human Resource Information System (HRIS) is facing delays. Contract termination with APIS, who failed to complete the expected deliverables, has now been completed and procurement of new consultants to perform this task is underway. 11. Education sector support: Progress has been made under this sub-component. The NUOL and three education institutes continue to implement their planned activities under the approved work plan and are on track. A number of study visits to project sites were conducted in the past few months with support from Provincial Department of Energy and Mines (PDEM) to enhance the practical experience for both teachers and students. The study visits have benefited the education institutes (EIs) not only to gain hands-on experience, but also helped strengthen their collaboration with private companies, leading to a stronger commitment to support to the EIs when it comes to student internship opportunities. Capacity building activities related to curriculum improvement at the NUOL is in progress. Procurement of new educational laboratory equipment for the NUOL and three EIs is under preparation. 12. Trade Working Groups (TWGs): The TWGs met in November 2014 and discussed next steps and work plan activities following the completion of the labor market survey study. As a result, an annual workplan has been 2|P a g e Aide Memoire – March 2015 drafted and agreed in principles on the targeted focus areas for the TWGs. It is further suggested to enhance the role of TWGs being responsible for organizing regular meetings (ie quarterly basis) between private sector, EIs and GoL who actively engage in hydropower and mining sector. The aim of those meetings is to improve information sharing, exchange views on skills development, etc and enhance cooperation and dialogue. 13. As part of the TWGs’ initiatives, there has been an agreement between Xepon Mining Company and the NUOL, the Lao German Technical College, the Polytechnic Technical College and the Department of Mines to provide intensive training to staff at DOM and teachers from EIs on technical areas at project site for the duration of one month. A Memorandum of Understanding (MOU) is being developed. Furthermore, an agreement between the NUOL and the EIs on sharing educational laboratory equipment for practical training has been reached to optimize the use of limited financial resources. An MOU between the NUOL and the EIs is currently being drafted. 14. Cooperation between EIs and MEM on transfer of knowledge and knowledge management: To sustain transferring knowledge provided by TAs under HMTA, there has been discussion and agreement that where feasible, the ToR of the TAs should include knowledge transfer, training MEM staff members and teachers as trainers, and development of training material associated with areas the TA working with. The ToR for IPP process TA will include some person-months for giving lectures for hydraulic engineering master program led by NUoL and a German University for a period of three years. Hydropower Sector Development: 15. Power Trade Strategy: Procurement for this TA is slightly delayed. To ensure mobilization of consultant by July 2015, it was agreed that PSO and DEPP will speed up the procurement process. 16. Hydro Optimization: The deliverable for the original HTMA on water resource management has been accepted and the consultant’s contract is closed. The objective for this component is to establish a core capability in the GoL in water resources modeling and analysis. This capability is needed in hydropower development investment decisions, operations compliance and integration of hydropower expansion and river basin management. Such capability is supported in legislation by the PSHD and the pending Water Law. 17. There is a need for a new work program justified by the following: i) The IDOM deliverable provides a foundation model and offered exposure training to some GoL staff. It is an initial step but falls short of meeting the above objective in terms of both model design and capacity building; ii) The GoL’s capacity in hydropower modeling remains inadequate in number of experts and their skill level; however, there is strong interest and basic acuity in a small number of DEPP staff; and iii) Building core capability will require a commitment of over time; however, this must be balanced with responsibility to process feasibility studies and CA-related support. Parallel activities in other ministries pose a risk of duplication and cost, but also an opportunity to consolidate resources, and improve tools for sustainable hydropower. Annex 3 provides detailed analysis of relevant issues and recommendations. 18. Tariff Study: The Government aims to review the financial performance of the power sector and the adequacy of current electricity tariffs to meet further demand. The proposed tariff study aims to review and address power sector performance from financial, operational and technical perspectives and develop relevant electricity tariff scenarios to effectively meet future demand. The proposed scope of work will include: (a) A comprehensive diagnostic analysis of the financial performance of EdL; (b) Develop financial projections for EdL, based on various scenarios of electricity demand growth, and corresponding investment expenditure requirements using various assumptions for tariff increases; (c) Evaluate tariff proposals and their social impacts and identify possible mitigation measures; and (d) Prepare and recommend tariff increase path to ensure financial sustainability of power sector in Laos. The Bank will submit a draft scope of work by April 2015 for further discussion. 19. Concession Agreement (CA) Monitoring (Independent Power Producer - IPP process): MEM has employed Cargill International Advisory in February 2015 to prepare a Risk Matrix related to hydropower project development in Lao PDR. The aim of the Risk Matrix is to give to various GoL agencies involved in the IPP process a thorough understanding of the way in which the Standardised CA has been developed in respect of risk allocation and how it should apply in practice. This understanding will be a key aid in the negotiation of future of actual CAs and their application on behalf of GoL. The draft Risk Matrix was discussed at a workshop conducted on March 16 and 17, 2015. 3|P a g e Aide Memoire – March 2015 20. There has been progress in the preparation of the ToRs for CA Management and Monitoring (see revised draft Annex 8). To ensure timely procurement and promote synergies and consistency among consultancy outputs, the October draft ToRs covered 12 different tasks, involving 5 concerned GoL agencies, and called for a team of five expert resident international consultants over a period of 3 years. That scope of work was considered too broad and has now been revised to ensure it’s implementable. The revised version reduces the number of tasks from 12 to 11 and places even more emphasis on transfer of knowledge through on the job training and the development of standard operation procedures to rationalize the work process of IPD, DEP, DEM, DEB and DESIA. 21. Policy on Sustainable Hydropower Development (PSHD): The PSHD was approved by the Government Office in January 2015. The operationalization and institutionalization of the PSHD is covered under the CA monitoring assistance package with support from the IFC. An action plan is under preparation. 22. National Assembly advances discussion on Resolution on Rules and Procedures for Approval of Power Projects: A public consultation workshop took place in February 2015 to discuss the final draft of the resolution. The final recommendations for approval and tabling are expected within the next 2 month. Mining Sector Development: 23. Mining Sector Strategy: TOR was cleared, request for proposal is underway. It was agreed that PSO and DoM will speed up the procurement process. 24. Strategic Environmental and Social Assessment: TOR was submitted to the Bank for review and clearance. The Bank will review and provide comments by April 2015. 25. Regulatory Strengthening: DOM reconfirmed its priority of completing the following 5 legal texts which are all in draft: (i) Implementing Decree for the Minerals Law 2011, (ii) Mineral Development Agreement, (iii) Prospection and Exploration Agreement, (iv) Regulation of Classification of Project Sizes, and (v) Regulation on Industrial Minerals. DOM and the PSO confirmed that contract negotiations with the existing legal consultant would be finalized by end of March 2015. 26. Community Development Fund: Draft Implementing Rules and Regulation for community development funds (CDF) have been prepared. Additional work would be required in order to draft detailed procedures for implementation with regard to governance structures, financial management, procurement, reporting and others. The World Bank would provide comments to the draft TOR for continued work in April 2015. 27. Environmental and Social Management Support: A total of 15 inspections were completed in 2014 as part of the advisory support provided by GAF AG. Draft guidelines and regulations prepared by GAF AG were pending final revision integrating comments from the Bank and government. Final drafts were expected by end of March 2015. GIZ confirmed that the planned Mineral Information System would integrate the reporting templates for monitoring and inspection in order to ensure a systematic reporting framework for all inspections conducted by DOM. It was noted that further support might be required in order to expand the Mineral Information System to include reporting from Department of Geology and Mines related to Prospection, Exploration and Draft Feasibility Study activities. Draft TOR for the proposed Strategic Environmental and Social Assessment has been reviewed by the Bank and a response will be submitted to the PSO by April 2015. 28. Mineral Cadastre Management System: Annex 4 provides a full assessment of the DOM cadastre office and outlines requirements for the capacity building and support activities to strengthen the new Mineral Cadaster Management System (MCMS) that was installed in October 2014. The MCMS has achieved its planned technical milestones and most of its deliverables, though the overall functioning of the cadastre office -in which both DGM and DOM shared functional responsibilities-, need to be further improved. For instance, the MCMS verified that potential revenues coming only from cadastral fees are not fully captured. To achieve an acceptable revenue collection rate is not only a function of having a highly performance IT system –or functioning MCMS - but a set of other resources, capabilities, people/skills, proper regulations/ guidelines and more important determination to get things done from both organizations dealing with the Laos PDR cadastre. However, the current status is considered as an important step forward towards the planned goals of HMTA project, even if there a number of still pending issues whose resolution will trigger a higher degree of operationalization as the MCMS project moves towards a Phase-2 to strengthen the system in Lao PDR. DOM and DGM have submitted TOR for MCMS Phase- 2 support to the World Bank for review. The Bank will provide comments within April 2015. 4|P a g e Aide Memoire – March 2015 29. Geo-science Development: The aim of this package will be to “develop a targeted geological interpretation by integrating geophysical, geological and any other geo-data set in a common geo-database structure (Geo-Data System)”. In this way, a more detailed analysis can be performed to assess localized mineral potential and, more importantly, building on-the-job capacity for detailed geological & geophysical mapping. Once this work will be completed, it will be used as best practices, for a future larger geological mapping infrastructure for the country. The services to be provided under these TORs refer to two separate though inter-related components named: Geo- Data Acquisition - Geophysical Survey Execution and Data Processing and Geo-data Infrastructure Development - Geological Interpretation and Mapping. It was agreed that both Sub-Components are to be integrated within the same ToR package in order to achieve a homogeneous approach in geological interpretation/analysis of detailed geological potentialities. The draft TOR is under preparation. 30. National Assembly advances discussion on Resolution on Rules and Procedures for Approval of Mining Projects: NA is preparing TOR for a consultant to assist developing a resolution for reviewing and approval of mining project, which is similar to what developed for hydropower project. Financial Management: 31. Financial Management: The overall financial management performance is rated as Satisfactory. (A detailed assessment is presented in Annex 5.). The quarterly interim unaudited financial reports (IFR) are timely submitted to the Bank and most of the financial management actions plan identified in the last mission is being implemented. The same numbers of financial management staff is maintained at the PSO, the new project financial management consultant is recruited and expected to be on board by July 1, 2015. 32. Audits: The FY14 audit is in progress and it is due by June 30, 2015. This year’s audit is the final audit under the bundling arrangement and the project needs to appoint a new auditor and have the contract signed by September 2015. It was agreed that the project management team will ensure the management responses be provided to the auditor by mid June 2015. In line with the terms of the Additional Financing Agreements, the audit report for FY14 is agreed to be publically disclosed on the MEM website (www.mem.gov.la) as soon as it is available. Project Management, Monitoring and Evaluation 33. Project Coordination and Management: Overall coordination among implementing agencies has improved. The project has adopted an operational system for monitoring and reporting on activities, which was developed in the original project. The project quarterly progress report received prior to the mission is of good quality highlighting implementation of planned activities and achievement of results and indicators. To further strengthen the capacity of PSO, the mission suggested MEM to assign an additional full-time staff to work with PSO to support on project coordination and management. 34. Support to Gender and Internal Control: The procurement of the technical consultant package for gender support and internal control is facing delays as there was no applicant after the first round of advertisement. PSO will re-advertise the position by March 2015. 35. Information Technology (IT): Evaluation process for the technical consultant package to develop an information technology platform to support business processes within MEM is underway. Mobilization of the consultant is expected by early April 2015. Procurement 36. Procurement Performance: Overall, procurement performance of the project is considered Moderately Satisfactory. (See full procurement assessment in Annex 6). The implementation of procurement packages is progressing and the PSO has completed the procedure to recruit one new individual consultant and extended the contracts for 35 individual consultants. The PSO is also in the process of contract negotiation with other 10 individual consultants and will sign the contract in near future. Nevertheless, the implementation is significantly behind the agreed schedule as presented in the recent updated procurement plan that may adversely affect the general implementation progress of the project. The PSO therefore should spend extra efforts to speed up the implementation progress of the project procurement activities to avoid further delay. 37. Updated Procurement Plan: The mission advised the PSO to update the procurement plan in order to reflect the current implementation status of all procurement packages and to add new packages as necessary. 5|P a g e Aide Memoire – March 2015 38. Staffing: Given the high procurement workload under the project, one procurement specialist does not appear adequate to handle such high volume of works. Therefore, proposal to hire additional procurement specialist for the agency seems appropriate. The mission advised the PSO to quickly add a package to the updated procurement plan for hiring one more procurement specialist. The PSO should also prepare the ToR for this contract and start the selection process as soon as possible. In addition, the PSO should promptly hire procurement assistant and junior procurement officer to strengthen the procurement unit of the project. Safeguards 39. Environment: The Project continues to assist MEM in developing the institutional capacity as well as the national regulatory framework to manage environmental impacts in the hydropower and mining sectors. The mission had discussions with representatives from DEB, DEM, DOP and DOM. It identified that MEM has the intention to mainstream environmental impact management in all relevant training activities related to institutional capacity at the national and provincial levels. Furthermore, MEM intends to continue efforts in developing processes, procedures, manuals and systems are required for strengthening the capacity development for managing the IPP process. The need for improving mechanisms, clarifying roles and responsibilities for compliance monitoring were particularly emphasized during the discussion allowing delineating the scope of some of the activities to be carried out under the PSHD study, to be contracted in 2015. In order to assist MEM in its capacity assessments and development of the PSHD it was agreed that mission could take place in May to further the discussions with MEM staff, provincial level Departments of Energy and Mines and with MONRE’s DESIA. The mission also participated in the presentations of the draft standard concession agreement, in particular on the Standard Environmental Social Obligation (SESO). Representatives from MEM indicate that the SESO is still unpractical, making its use difficult for MEM staff. MEM requested support for simplifying the SESO. 40. Social: The Project has been developing the institutional capacity of the MEM as well as the national regulatory framework to manage social issues in the hydro and mining sectors. Based on the discussions from the relevant government representatives and with the information provided, it was identified that social issues should be mainstreaming in all relevant training activities related to institutional capacity. Further, more efforts are required for strengthening the capacity development of MEM for managing the IPP process. (Full assessment is in Annex 7.) Other Business: 41. Study Tour: A study tour to Austria is planned for late June/early July focusing on two major areas: a) power sector restructuring and reform (with a particular focus on power trading and transit arrangements); and b) water resource management and hydropower optimization. A detailed draft agenda was submitted to the GoL; and once feedback has been received, the Bank will work closely with the Austrian Government to finalize the arrangements. 42. Potential Support from DFAT: To further strengthen project implementation and provide additional resources to the GoL the Department of Foreign Affairs and Trade (DFAT) has expressed interest to provide grant funds for HMTA AF. Relevant discussions were held with DOM and the Bank and DFAT are in the process of preparing a relevant support package for further discussion with counterparts. Actions Required Agreed actions Responsibility Dates Component 1 Update training plan and submit to WB for review and clearance DPO June 2015 Identify potential training service providers for short- and medium-term training DPO, EIs June 2015 courses considering local education institutes (eg NUOL, PTC and LGC). Complete consolidation of laboratory equipment list and specifications EIs April 2015 Conduct TWGs quarterly meetings and share minutes with PSO and WB TWGs Quarterly Component 2 Prepare draft ToRs for HEC model refinements and support on FSs DEPP with WB June 30 Finalize the CA Monitoring ToRs and procure the consultant DEB/PSO April 2015 Adoption of the Decision on Policy Direction for Hydro and Mining Fiscal Regime MOF May 2015 6|P a g e Aide Memoire – March 2015 Finalize Fiscal Regime ToRs and procure the consultant Fiscal Committee/PSO April 2015 Finalize risk matrix for CA DEB June 2015 Component 3 Finalize TOR on Geo-science development and submit to WB for review/clearance DOM/PSO April 2015 Extend Mineral Cadaster Management System phase two DoM/DGM/PSO May 2015 Financial Management Disclosed FY14 audit reports on MEM website PSO July 2015 Appoint a new auditor and sign contract with the auditor PSO Sept 2015 Procurement Update procurement plan including adding a package to hire an additional PSO April 2015 procurement specialist and submitting to the Bank for review Prepare the ToR for new procurement specialist and procurement assistant and PSO April 2015 submitting them to the Bank for review Complete shortlist and RFP for package C2-a-CS01 (Power Trade Sector Strategy) PSO April 2015 and submit to WB for review Sign 10 individual consultant contracts PSO April 2015 Complete recruitment of new procurement specialist, procurement assistant, and PSO April 2015 junior procurement officer Complete ToRs of the rest of consultant packages and submit to WB for review PSO April 2015 Initiate the selection process of major consultant packages including packages PSO April 2015 #CS03, CS04, CS05, CS07, and CS08 Prepare bidding documents for first NCB goods package and submit to WB for PSO Apri, 2015 review Initiate the procurement process of goods packages including packages #G1, G2, PSO April 2015 G3, and other shopping packages 7|P a g e Aide Memoire – March 2015 Annex 1: Persons Met Name Institution Position H.E. Mr. Viraphonh Viravong MEM Vice Minister Mr. Chareune Inthavy MEM, PSO Deputy Director General, Cabinet Office Dr. Daovong Phonekeo MEM: DEPP Director General, Dept. of Energy Policy and Planning Mr. Chansaveng Boungnong MEM: DEPP Deputy Director General, Dept. of Energy Policy and Planning Mr. Khamso Kouphokham MEM: DEPP Deputy Director General, Dept. of Energy Policy and Planning Mr. Litthanoulok Laspho MEM: DEPP Director of Division, Dept. of Energy Policy and Planning Mr. Thongphath MEM:DPO DirectorGeneral, Department of Personnel and Organization Mr. Khamlar MEM:DPO Deputy Director General, Department of Personnel and Organization Mr. Souksavanh Phanthong MEM:DPO Deputy Director of Division of Personnel and Organization Mr. Khamtanh Vongphansipaseuth MEM: DOM Deputy Director, Department of Mines Mr. Keo Khamphavong MEM: DOM Deputy Director, Department of Mines Mr. Saiphet Visaypaseuth MEM: DOM Division Head, Department of Mines Mr. Bounnhong Sidavong MEM: DOM Division Head, Department of Mines Mr. Kongkham MEM: DOM Deputy Director, Inspection Division of DOM Mr. Sychath Boutsakitirath MEM: DEB Deputy Director General, Dept. of Energy Business Mr. Chanthaboun Souk Aloun MEM: DEB Deputy Director General, Dept. of Energy Business Mr. Khamphanh Sihavong MEM: DEB Deputy Chief of Project Development & Monitoring, Dept. of Energy Business Mr. Vilath Phongphichith MEM: DEB Technical Officer, Dept. of Energy Business Mr. Bouathep Malaykham MEM: DEM Deputy Director General, Dept. of Energy Management Mr. Houmphanh Vongphachanh MEM: DEM Division Director, Dept. of Energy Management Mrs. Chansavath Boupha MEM: DOI Director General, Department of Inspection Ms. Viengkeo Sihalath MEM: DOI Technical Officer, Department of Inspection Mr. Phouangphanh Souvannabout MEM: DEPP National Technical Consultant to 2a and 2c Ms. Chansada Sonnasinh MEM: DPO National Consultant to DPO Mr. Boaulay SaAthsy MONRE: DGM Deputy Director, Department of Geology and Minerals Prof. Dr. Boualinh Soysouvanh NUOL Dean of Faculty of Engineering, Hydropower Section Assoc. Prof. Nhinxay Visane NUOL Head of Department, Department of Civil Engineering, Faculty of Engineering Assoc. Prof. Khampha Sihanakhone NUOL Head of Department, Electrical Engineering, Department, Faculty of Engineering Mr. Thongpaseuth Phonesirinavong PTC Deputy Head of Mining Section Mr. Keo Vilaythong PTC Teacher - Mining Section, Polytechnic College Mrs. Ba Phengsouphy LGTC Teacher - Lao-Germany Technical College Mrs. SisounthoneVongduangchanh PSO Financial Management Specialist, Consultant Mr. Souphanthachak Sisaleumsak PSO Procurement Specialist, Consultant Ms. Vilayvanh Sisomboun PSO Project Coordinator, Consultant Mr. Wihane Sibounheung TWG TWG Secretary, Consultant Mme. Bouangeun Ounnalath MOF Director General, Department of Fiscal Policy Dr. Sonsak Soulisak MOF Deputy Director General, Department of Fiscal Policy Mr. Amphon Southiphonh MOF Director of Division, Department of Fiscal Policy Mr. Lamphoon Syvoravong MOF Chief of Division, Department of Fiscal Policy Mr. Sinxay Phetsavong MOF Deputy Chief Division, Tax Department Mr. Phaytoun Tienglamay MOF Deputy Director of Division, Department of Taxation Dr. Philany Phitsamay MOF Deputy Director General, Accounting Department Mr. Hatsady Sithalath MOF Chief of Division, Accounting Department Mr. Souvanny Khammanyvong MOF Deputy Director General, Department of State Assets Mr. Duangdy Phandanouvong MOF Technical Officer, Department of State Assets Mr. Sivath Sengdouangchanh A&G Managing Director, Allen & Gledhill 8|P a g e Aide Memoire – March 2015 Annex 2 – Results Framework Project Development Objective (PDO): Increase human capacity and improve the performance of government oversight institutions for the hydropower and mining sectors Cumulative Target Values** Unit of Baseline Progress to Date PDO Level Results Indicators* Measure (2010) (March 2015) 2015 2016 2017 2018 2014 Indicator One: Percent None Procurement of additional System 50 60 70 80 Percentage of trained GOL staff report TA in progress, system developed medium to intensive use of knowledge and being tested. lessons learned from capacity building measures. Indicator Two: Number 0 TORs for TA under - 1 2 3 5 Number of River Basins, where all development Hydropower Projects are monitored for CA compliance. Indicator Three: Percent 0 20 sites inspected which is 10 20 30 40 50 Percentage of on-the-ground inspections of about 14% of inspections of exploration/mining operations performed exploration/mining using improved systems and procedures in operations line with international practice. INTERMEDIATE RESULTS Intermediate Outcome (Component One) (AF): (i) Increased number of GOL personnel benefit from training on technical and cross-cutting areas in the hydropower and mining sectors; (ii) Increased capacity of national university and technical schools to develop national human resources in the mining and hydropower sectors. Unit Baseline Progress to Date 2014 2015 2016 2017 2018 Intermediate Result indicator 1.1: Number of Number of None 1,631 staff (476 female) 60 women 135 women 200 women 250 women 310 women GoL female and male personnel trained on staff 150 men 315 men 450 men 560 men 720 men technical aspects, such as contract management, financial analysis, accounting, environmental and social management. Intermediate Result indicator 1.2: Text No KPI A HRD system is being Mobilized Tested and Approved the Operational Assessment of overall Completed and operationalized the system in tested. Procurement of additional trained on the system by ized the results performance evaluation (KPI) system for place additional TA in progress consultant application of MEM system MEM and PDEMs KPI system Intermediate Result indicator 2.1: Number of Number 0 324 teachers (93 females) 4,100 4,200 4,300 4,400 4,500 teachers and students benefiting from and 5,767 students (1,002 educational courses supported through females) curriculum update/development, teacher Total: 6,091 training, technical/lab equipment and library materials Intermediate Result indicator 2.2: Direct Number 0 7,722 beneficiaries (1,571 460 700 900 1,060 1,280 project beneficiaries (number), of which Percent females) 25% 25% 25% 25% 25% female (percentage) 9|P a g e Aide Memoire – March 2015 Intermediate Outcome (Component Two) (AF): i) Enhanced planning capacity for hydropower development; (ii) Improved institutional processes and procedures for CA monitoring; (iii) Improved transparency and performance of hydropower development through the implementation of PSHD. Unit Baseline Progress to Date 2014 2015 2016 2017 2018 Intermediate Result Indicator 3.1: Percent 0 Work is in progress to 0 10 20 30 50 Percentage of Hydropower Power develop avoided costs Purchasing Agreement (PPA) that are methodology subject to the avoided costs methodology Intermediate Result Indicator 3.2: Text No power Procurement of TA is Consultant Round table Final Draft Completed power trade strategy and action trade underway. Mobilization of mobilized consultation plan. strategy consultant expected in July- and draft and action August 2015. strategy and plan action plan Intermediate Result Indicator 4.1: Percent 0 Draft Standard CA 0 20 50 80 100 Percentage of new hydropower IPP applying completed. Road-Testing is the standard CA requirements. in progress. Intermediate Result Indicator 4.2: Applied Text No SOP TOR for TA consultant Consultant Draft SOP Final SOP SOP Applied SOP Applied Standard Operation Procedures (SOP) for IPP package being finalized mobilized process. Intermediate Result Indicator 5: Annual Text Original PSHD is approved by the PSHD Annual Report Annual Report Annual Report Annual Report report on the implementation of the PSHD. NPSH in Government Office. approved by place MEM Intermediate Outcome (Component Three) (AF): (i) Improved Governance of the Mining Sector; (ii) Improved Government Oversight of the Sector. Unit Baseline Progress to Date 2014 2015 2016 2017 2018 Intermediate Results Indicator 6.1: Text Non- Draft model contract Final draft of Moratorium Applied model Applied model Applied model Applied model contracts to new mining standardiz completed. model on new mining contract to contract to contract to new concession. e terms contract concession new mining new mining mining concession and still in place concession concession conditions for mining concession Intermediate Result Indicator 6.2: Number of Number 0 4 final draft regulations 4 6 8 10 12 approved mining regulations. completed. Public consultation is in progress. Intermediate Result Indicator 6.3: Text No Procurement of consultant is Mobilized Draft strategy Final Draft Completed sector strategy and action plan. strategy underway. consultant and plan for mining sector Intermediate Result Indicator 7.1: Text No SOP TOR for TA being developed. Consultant Draft SOP Final SOP SOP Applied SOP Applied Applied Standard Operation Procedures mobilized (SOP) for mining concession process 10 | P a g e Aide Memoire – March 2015 Annex 3: Water Resource Analysis Background: The deliverable for the original HTMA on water management has been accepted and the consultant’s contract is closed. The purpose of this mission was to identify what, if any, additional investment is needed in the AF HMTA project. Objectives: The objective is to establish a core capability in the GoL in hydropower decision support tools, inclusive of water resources modeling and analytics. This capability is needed to provide reliable advice in hydropower development investment decisions, operations compliance and integration of hydropower expansion into river basin management. This objective is linked to the mandate of the Ministry of Natural Resources and Environment (MONRE) for water resources and river basin management. Such capability is required to support the national Policy of Sustainable Hydropower Development (PSHD) and the Water Law (in progress). Context: Several factors influence a renewed program of work:  The IDOM deliverable provides a foundation model and offered exposure training to some GoL staff. It is an initial step but falls short meeting the above objectives in terms of model design and capacity building.  The GoL’s capacity in water and hydropower modeling/analysis among users, suppliers and stakeholders (e.g., developers) remains limited in both number of experts and skill level; however, there is strong interest and basic acuity in a small number of DEPP staff as well as other pockets within the GoL.  Building core capability will require a commitment of staff time; however, this must be balanced with DEPP’s responsibility to process feasibility studies in a timely manner, and the complement ary mandates of other ministries.  Parallel activities in other ministries pose a risk of duplication and cost, but also an opportunity to consolidate resources, and improve tools for sustainable hydropower. Approach: We recommend GOL use HMTA resources to support three tracks of activities towards the objective (see Table below for summary). Continue development of analytical tools: The IDOM model is a useful addition to existing tools. However, further strengthening is recommended along three streams. Note that streams 2 and 3 could be done in coordination with MONRE (see below). 1. Small refinements to the IDOM model to ensure, for example, best data, 2D flood modeling, longer tie series and better interface for interpretation. This is expected to be a small contract which can be combined with strong staff engagement to further strengthen capacity and ownership. 2. Identify comprehensive decision support (modeling, analysis, data) tool needs, taking into consideration: the range of decision issues (e.g., rapid assessment of project proposals as well as basin optimization); different types of publically available tools to populate a “system of models” approach to water resources analysis (including alternatives to HEC); priority basins; and integration of non-power water uses. 3. Establish a data strengthening program that compromise the quality of analysis and robustness of models. As noted above, the difficulties with data range from absence of basic information in key basins to quality concerns to lack of access/awareness of existing data sources, even across GoL departments. A data strengthening program could also include clarifications or additional requests of developers as part of feasibility studies and/or operations reporting. A review of developer responsibilities for data provision in other countries could inform on GoL policy. Build capacity of staff within MEM: DEPP staff has a significant responsibility to ensure high quality and comprehensive assessment of proposed hydropower projects, as well as monitoring of compliance and impacts (including emergency situations) during operations. While DEPP may outsource analysis and modeling they must be adequately skilled to contract such work and to ensure quality and appropriateness. DEPP staff also requires skills to integrate hydropower with river basin management, thereby contributing to the resolution of water use conflicts (e.g., River System Coordination Plans under the Concession Agreements). As such, DEPP capacity building should include in depth training on specific tools as well as broader training on water resources analysis and modeling, the latter of which may be coordinated with or led by MONRE. 11 | P a g e Aide Memoire – March 2015 However, DEPP’s simultaneous mandate to support the hydropower development process, includin g technical reviews of proposed projects, places a significant burden on limited staff resources. It is therefore suggested to outsource some review tasks. It is further suggested that this outsourcing be designed to simultaneously build DEPP capacity by: (i) ensuring Terms Reference, contracting, analytical design and quality control in support of the departments comprehensive plan for decision support tools; (ii) appropriate migration of consultant products into the department’s “toolbox” for ongoing use; and (iii) actively involving DEPP in the analysis and creation of any models/tools. Coordinate across relevant GoL departments and stakeholders: Discussion with MEM (DEPP) and MONRE (NREI, DWR, DHM) under two World Bank projects (HMTA and M-IWRM) conclude that previous efforts to coordinate on integrated water resources modeling and analysis (including hydropower) should be accelerated. Each ministry, under the Government’s PSHD and (pending) Water Law, has a mandate to understand and manage water resources. For example, the PSHD specifies the need to undertake detailed data collection and hydropower development for the utilization of water and water resources for maximum economic, social and environmental benefit which touches on responsibilities of MONRE (NREI, DWR and DHM) as well as MEM. Both ministries are investing in models and capacity strengthening. While specific needs do not fully overlap, there are important areas in common. Efforts need to be coordinated to manage the limited technical capacity within the GoL and to safeguard consistency of analysis, particular across river basins management and hydropower development and operations. A long term vision for water resources analysis could be a jointly supported center of excellence, providing services to line agencies (such as DEPP) to fully support the PSHD and Water Law. However, in the near term, emphasis should be placed on securing a mechanism for inter-ministerial coordination and preparing a work program of coordinated activities. The World Bank (Mekong 1 and Hydro Mining TA) propose the DWR and DEPP discuss with the respective DGs to make a focused effort to collaborate and build synergies on hydrologic modelling. If there is interest, the DGs would write to the World Bank TTLs expressing their intent to strengthen collaboration, and the Bank would arrange a video conference to discuss next steps. An immediate next step could include an initial workshop to exchange experience and priorities and prepare the above-mentioned work program for capacity building, development of a system of models and data strengthening. Consideration should also be given to the involvement of the Department of Hydrometeorology, with particular reference to forecasting and flood management. Outline of Possible Work Program for HTMA: Water Resources Analysis Track Examples of activities Continue development  HEC (IDOM) model refinements of analytical tools  Identification of modeling and analytical  Establish data strengthening program Build capacity of staff  Engage external consultants for feasibility reviews combined with model capacity building within DEPP  In depth training on HEC model for core modeling team  Focused water resources management training Coordinate across  Secure DG approval to initiate formal inter-ministerial coordination relevant ministries and  Establish inter-ministerial working group stakeholders  Prepare coordinate work plan for joint activities Next steps (3 months)  Confirm work program elements and objectives  Review note from World Bank  Follow-up VC to confirm/amend  Accelerate inter-ministerial coordination  Confirm objective of inter-ministerial coordination with MEM and MONRE  Convene planning meeting of technical experts and users across GoL (and possibly developers and universities)  Prepare work program for sub-component and budget  Prepare draft ToRs for HEC model refinements and support on feasibility studies 12 | P a g e Aide Memoire – March 2015 Annex 4: Assessment of the DGM Cadastre Facilities 1. Overview As result of the Implementation Support Mission, a visit to the Department of Geology and minerals (DGM) cadaster office was conducted to appraise the setting up of the Mining Cadastre Management System (MCMS) installed in October 2014 at their premises. It was important to view in-situ how the cadaster is used to perform a number of key functionalities, as defined in the ToRs as well as the Flexicadastre initial technical design document from which all MCMS modules and internal workflows have been identified and software-coded. It is relevant to highlight that the cadaster is not just a set software packages for revenue collection but an institution per-se which is linked to the existing legal and regulatory framework and ongoing processes in Laos PDR. Therefore, assessing its degree of operationalization cannot be disconnected from the rest of the environment in which cadastral information on various types of mineral concessions and mining titles flows. Together with this, the associated work processes -defined to meet those required cadaster information needs- are necessary to consider because are linked to internal regulations. The case of Laos PDR the MCMS clearly reflects the existing laws and mining codes and can, obviously, be used to promote a sound legal framework and mining sector improvements once such operationalization has been effectively achieved. The MCMS is not a “single solution” but part of a more complex picture that will be emerging as Laos PDR will evolve in defining ways of transparently operating. Again, such transparence is fully entrenched with the current regulatory system which is also under review through the HMTA project. As of today the MCMS has achieved its planned technical milestones and most of its deliverables though, the overall functioning of the cadaster office, in which both DGM and DOM shared functional responsibilities, cannot be considered as fully satisfactory due to the reasons presented below. For instance, it is important to recall the fact (verified with the MCMS) that an important amount of potential revenues coming only from cadastral fees are not captured. To achieve an acceptable revenue collection is not only a function of having a highly performance IT system –which is the Flexicadastre’s work- but a set of other resources, capabilities, people/skills and more important drive and willingness to get things done from the side of the two organizations dealing with the Laos PDR Cadastre. However, the current status is considered as an important step forward towards the HMTA project planned goals even if there a number of still pending issues whose resolution will certainly trigger a higher degree of operationalization –technically speaking- as the MCMS project moves towards a Phase-2 focused to consolidate the system in Lao PDR 2. Current situation Level of Operationalization Recalling the one of the definitions adopted of a mining cadaster: A Mining Cadastre is the principal public institution that manages mining titles in a country. Such a cadastre, when well developed and backed by capable public mining-sector institutions, integrates the regulatory, institutional, and technological aspects of mineral rights administration and forms the cornerstone of good mineral resource management in a country.This definition needs to be kept in mind for assisting in the process of assessing some elements linked to MCMS’s operational status. 13 | P a g e Aide Memoire – March 2015 Resources: In total there are 34 staff with various skill levels of expertise in using the FlexiCadastre software package. The table shows the distribution among the tree Divisions and includes a subjective appraised of the staff’s level of competence in using the MCMS, noting according to the FlexiCadastre consultant (Mr.Chorn Nak) that 12 out of 34 have an acceptable (High-Level) degree of competences. It is important to note that there is no any System Administrator role in the DGM and this technical function is “a must” in order to ensure consistency and unified administrative rights besides the inherent technical & IT support functions. The work is currently being done by the FlexiCadastre consultant and it has become a priority before the project closes because the new person will require specific on the job training and familiarization with the MCMS. Geo-Information Division 9 people Management Agreements and Concessions Division 20 people Technical Geology and Mineral Division 5 people Total-> Low-Lev=5; Med-Lev=17; High-Lev=12 34 people Coordination of some tasks: It has been noticed that there is not adequate coordination among the three divisions of the MGM involved on a number of processes and sharing of responsibilities in some work /tasks. For instance, reports in the Mining Concession Division are not scanned and therefore are not used within the system. It is clear that this entails a long process but mechanisms need to be put in place to cope with this need that can make the MCMS more useful in a short term basis. Moreover, it is estimated that a maximum of 3 months would be required to re-capture old data and this needs to be considered for further work in Phase-2. Conversion to block-system: Not all the agreements have been converted into the block-system as opposed to the old system using irregular shape polygons. This is because it becomes complex to consult all the companies. This type of activity requires an important amount of administrative work informing the mining/ exploration companies and obtaining their acceptance as well as the participation of the Department. of Investment Promotion that will need to receive either their acceptance or rejection and that the process could be delayed by some companies, noting that any new license -or conversion of an old one- passes automatically through the block system. Data validation: It is key to be able to progress in validating the data that is being input into the MCMS. The impact of this is paramount since without all types of QA/QC including topological checks on the data the “business 14 | P a g e Aide Memoire – March 2015 rules” on which FlexiCadastre software is designed to operate will not work well. For instance, at least, 60 licenses are in dispute and about 70% of those show slight overlaps in their graphical depiction within the embedded GIS system on which the MCMS operates its graphical interface. Currently, the maximum tolerance (area error) is about 1 ha, and throughout the process the error will required to be reduced to not more than 0.6 ha. It is estimated that 4 months may be required to convert each and every concession into the above mentioned block- system. The option is to send a notification letter automatically together with the maps. Thus, after one-month time for response (or if no response) the shape will be changed, clearly after the valuation of the responses to which company will accept or reject. Obviously, the shape and size of the concessions will required to be changed or modified in the contractual records what implies modifications in the collection of the fees associated to the changed “new area”. This is in agreement with the State Asset Department that is charged to recover fees and royalties and is a process that will serve as an internal validation measure. The “discontinuity” between old and renewed mining concessions agreements: This fact of inconsistencies is triggering a problem with the “business rules” set into the cadaster system. It is very important that the mining companies would comply with the same type of agreement because it is acknowledged that there is an important portion of speculative concessions and not record is adequately kept on the different expire dates or important action periods clearly bringing temporal data discontinuity. Thus, if the Laos PDR government would standardize the Mining Concession Agreements it will be easier to set the system functioning well and smoothly due to the way the software has been developed along very specific workflows and decision rules. Whenever there are inconsistencies due to those agreements or dates (not specified…) or just not included, then the software gets in difficulties as it follows predefined rules applicable to all concessions. Issues in the geographical interface: The ability of the system to better handle queries in the geographical information system (GIS) interface has been requested to be reviewed giving the fact that it is not possible to draw a vector layer on the graphical interface and obtain details of those concessions but only in a squared box shape and at the same time it is not possible to classify or obtain MCMS Reports by different commodities which is often necessary in order to, for instance, evaluate forecasted revenue streams by irregular area or by commodity or in both ways. At present, this can be done by creating the polygon in vector format outside FlexiCadastre and later import it into the MCMS which is not practical giving the partnership between FlexiCadastre and ESRI Software Company that is being used by the MCMS as the core database system provider. Use or ortho-images as backdrop: It is rather important to have the existing ortho-images (ortho photos at high definition) available from the National Geographic Institute (NGI) into the MCMS and used as backdrop on which the concession polygons can be viewed. In this way the Reports & forms could be used for Mining Inspections using such graphical documents (ortho-photos) as the necessary reference base to visit the field sites to conduct the mining inspection process. This will avoid having another system or database for inspections and, eventually, the database of the MCSM could be used -with some necessary modifications- to record data gathered from the inspection process. This activity could be linked in the future with the ongoing work undertaken by BGR (German Cooperation) that are requiring compatibility in the data exchange as well as formats so that the datasets from the MCMS could be shared and rapidly used by their inspection database system. 3. Conclusions and recommendations  To move ahead with the modifications of the ToR (Phase-2 of Mining Cadastre) that would include provisions for a 5-years maintenance package encompassing a software subscription service (SSS) and extended server-hosting fees ensuring the right level of connectivity and data accessibility. The package should include: Reinforcement software training and participation in software user conferences (one per year) during 5 years. This is required to ensure a substantial level of autonomy and sustainability of the system besides the actual life of the HMTA project.  It is not recommended any MCMS deployment to provinces until the cadaster office in Vientiane is adequately consolidated and considered as fully operationalized. This is independent from the fact that the Lao PDR government considers the decentralization process an important part of its policy agenda. 15 | P a g e Aide Memoire – March 2015 However it is more efficient and much more practical not to disperse scarce resources till the use of the cadaster system is properly certified by a technical audit provided by the World Bank, within a probable time frame of two years.  To recommend immediate action in order to seek support and a formal collaboration agreement with the National Lao Geographical Institute (NLGI). The institute has (from a previous visit) an important expertise and core geo data sets (e.g. orthophoto or ortho-imagery –satellite data-). Such datasets would need to be used by the FlexiCadastre software to incorporate the necessary features to be able to access the mining concession sites for further field work as well as for inspection purposes. This a “Letter of Collaboration & Support” would need to be addressed by the DGM & DOM responsible to the Director of the NLGI.It is important to note that such collaboration will also serve as foundation upon which the DGM/DOM will be in a better position when dealing with the GeoScience Mapping Component being launched under the HMTA project.  It is key to highlight the fact that important revenue loses have been identified by not been able to recover the required fees from mineral concession holders. As an example and without a properly verified MCMS and exclusively in the Exploration phase of the mining value chain, this lost amounts up to 1.4 Million US dollars (probably the figure could be higher) and only able to recover 19.150 US dollars. Consequently, it is evident that the MCMS could be a self-sustained entity. It is recommended that this should be the objective for the next 4 years rather than diversifying resources, at this stage, with the setting up of provincial offices of doubtful efficiency if any. It is also relevant to note that the process also entails some changes/ modifications in in some workflows related to revenue collection regulations and not exclusively a highly performance cadaster system.  It is recommended that a hardware equipment inventory is prepared to assess the current IT status. Many officers are using their own computers for the daily work. This action is aimed at presenting a plan to acquire IT equipment with a view to ensure that the MCMS, of both DGM & DOM, is fully operational and potentially self-sustained. The Flexicadastre Final report (pending) will need to include provisions and recommended best options.  It is also recommended to speed up the process of selection and hiring of a system administrator which besides other roles will take lead in system security and cadastral compliance avoiding data inconsistencies and possible misuses of the system. 16 | P a g e Aide Memoire – March 2015 Annex 5: Financial Management Assessment Financial Management 1. The Overall financial management performance is rated as ‘Satisfactory’. The quarterly interim unaudited financial reports (IFR) are timely submitted to the Bank and most of financial management actions plan in last mission are implemented. The same numbers of financial management staff is maintained at the PSO, the new project financial management consultant is recruited and expected to be on board by July 1, 2015. Annual consolidated budget was submitted to the Bank for review in December 2014. Physical count of fixed assets was conducted in December 2014 and Department of Mines (DOM) also assigned a staff responsible for preparation and submission of the expenditure summaries to PSO finance team as recommended. 2. FM work transfer preparation. The current financial management consultant informed the mission that K- PACC accounting software user manual prepared by the K-PACC developer in Lao language is finished and ready to be given to the new financial management consultant. The list of outstanding work to be transferred is in place and it includes trainings on advance clearance procedures, MoF 0008 expenditures compliance review and on the job training for account recording to FM finance team in the PSO. FM manual, IT policy and K-PACC user manual will be distributed to the new financial management consultant. It was agreed that the existing financial management consultant contract will be extended up to June 30, 2015 and the new financial management consultant will come to PSO a few hours a day during June 30, 2015 for the work handover and will be officially on board on July 1, 2015. 3. External audit. The audit for FY14 is in progress and it will be due by June 30, 2015. This year audit is the final audit under the bundling arrangement therefore the project should appoint a new auditor and have the contract signed by September 2015. It was agreed that the project management team will ensure the management responses be provided to the auditor by mid June 2015. This is to ensure the timely submission of the audit report and ensure that the current financial management consultant can assist the project management team in providing management responses to the auditor before her contract expired. In line with the terms of the Additional Financing Agreements, the audit report for FY14 is agreed to be publically disclosed on the MEM website (www.mem.gov.la) as soon as it is available. 4. Disbursements. Disbursement status as at March 04, 2015 per Client Connection in XDR currency are: Grant Total Cumulated Disbursed Undisbursed Balance Number Grant XDR XDR % XDR % IDA H5390 5,000,000 4,762,802 95.26 237,198 4.74 IDA H9470 5,800,000 391,775 6.75 5,408,225 93.25 IDA H5390 will be fully utilized soon. The cumulative disbursement included an advance of US$ 500,000 to the Designated Account (DA). The final expenditures are expected to be fully paid under this grant by September 2015. 5. Agreed FM implementation Actions Plan. No. Actions Responsible party Completion Date 1 Disclosed FY14 audit reports on MEM website PSO July 15, 2015 2 Appoint a new auditor and sign contract with the PSO Sept 30, 2015 auditor 17 | P a g e Aide Memoire – March 2015 Annex 6: Procurement Assessment Procurement performance: Overall, procurement performance of the project is considered moderately satisfactory. The implementation of procurement packages is progressing. In particular, the agency has completed the procedure to recruit one new individual consultant and to extend the contracts for 35 individual consultants. The agency is also in the process of contract negotiation with other 10 individual consultants and will sign the contract in near future. Nevertheless, the implementation is significantly behind the agreed schedule as presented in the recent updated procurement plan that may adversely affect the general implementation progress of the project. Specifically, the agency has not started the selection process of any major consultant contracts and most of these packages are in the stage of ToR preparation. The mission noted that among 09 firm consultant contracts, the agency has only started the selection process of package C2-a-CS01 (Hydro power section development strategy), which is at present in stage of preparation of the shortlist and RFP. The mission also noted that among 07 goods packages, the agency has only started the procurement process of only package G6 (inspection equipment for geological surveys for both DoM and DGM), which is procured using shopping and at present in the stage of quotation evaluation. The agency therefore should spend extra efforts to speed up the implementation progress of the project procurement activities to avoid further delay. Updated Procurement Plan: The mission advised the agency to update the procurement plan in order to reflect the current implementation status of all procurement packages and to add new packages as necessary. Procurement staff and capacity: Given the high procurement workload under the project, one procurement specialist does not appear adequate to handle such high volume of works. Therefore, proposal to hire additional procurement specialist for the agency seems appropriate. The mission advised the agency to quickly add a package to the updated procurement plan for hiring one more procurement specialist. The agency should also prepare the ToR for this contract and start the selection process as soon as possible. In addition, the mission followed up on the agreement during the last mission to hire procurement assistant and junior procurement officer to strengthen the procurement unit of the project, so far there is no progress on this matter. The mission urged the project to seriously focus on building the procurement capacity in MEM. As the result of slow procurement progress, only one project was signed this FY. Therefore, the post review will be postponed until next mission as there are no adequate contracts for review. Agreed actions: The following key actions have been agreed during the mission: No. Action Due Date 1 Updating procurement plan including adding a package to hire an additional March 16, 2015 procurement specialist and submitting to the Bank for review 2 Preparing the ToR for new procurement specialist and procurement assistant March 16, 2015 and submitting them to the Bank for review 3 Completing the shortlist and RFP for package C2-a-CS01 and submitting to March 20, 2015 the Bank for review 4 Signing 10 individual consultant contracts March 30, 2015 5 Completing recruitment of new procurement specialist, procurement April 16, 2015 assistant, and junior procurement officer 6 Completing the ToRs of the rest of consultant packages and submitting to In March and April the Bank for review 2015 7 Initiating the selection process of major consultant packages including In March and April packages #CS03, CS04, CS05, CS07, and CS08 2015 8 Preparing the bidding documents for the first NCB goods package and March 16, 2015 submitting to the Bank for review 9 Initiating the procurement process of goods packages including packages In March and April #G1, G2, G3, and other shopping packages 2015 18 | P a g e Aide Memoire – March 2015 Annex 7: Social Safeguards Assessment A Social Safeguards supervision mission visited Lao PDR from February 9-19, 2015. The mission met with relevant authorities from the Hydro and Mining sectors, the main objective of this mission was to review the progress made for the institutional capacity of the MEM and the regulatory framework to manage social aspects in the Hydro and Mining sectors. Additionally, a field visits were conducted to Viantiane Province to conduct meetings with relevant Provincial Governments; specifically with PODEM and MONRE officials. Additionally, I visited the Nam Ngum Dam to discuss with the Deputy Director of the Hydro power plant the main social lessons learned from the Nam Ggum experience. The Project has been developing the institutional capacity of the MEM as well as the national regulatory framework to manage social issues in the hydro and mining sectors. Based on the discussions from the relevant government representatives and with the information provided, it was identified that social issues should be mainstreaming in all relevant training activities related to institutional capacity. Further, more efforts are required for strengthening the capacity development of MEM for managing the IPP process. Social Aspects: Implementation Consultant Support Team. One of the main tasks for this team will be to conduct assessment of institutional, legal and regulatory frameworks it is recommended that the team of consultants identify - as early as possible - the main legal and regulatory frameworks that will be reviewed to ensure that the social and environmental regulations will be included in the review process. Specific attention should be paid to the consultation and participation frameworks. Grievance mechanisms at National and subnational levels, etc. All this to ensure that DESIA and other relevant departments will be adequately strengthened. Additionally, the development and preparation of guidelines for consultation and participation will are required, specifically for consulting with rural communities and ethnic groups. One of the deliverables of this process will be to include under the SOP specific “guidelines” of Consultation and participation with Rural and Ethnic Groups in the Hydro and Mining sector. Institutional Analysis. The review process that the implementation consultant support team will be conducting should not be limited only to mandates and duties of the relevant energy departments but should also include analysis (or assessment) on the proper institutional arrangements in place. Close to those for monitoring and supervision of social aspects, such as resettlement and ethnic issues, these will improve the IPP process not only at Central, but also at the Provincial and District levels of Government. Social Issues such as Resettlement will require strong institutional arrangements and “resettlement institutions” with a multisectoral perspective, given that a resettlement process involves a diverse range of activities, such as land acquisition, impact measurement, physical relocation, job and credit provision, land development, etc., specialized technical agencies are required; in this case MEM, MPI and MONROE should be strengthened in this areas to improve the IPP Process. Ethnic Groups Identification. The mission identified during the discussions with provincial Governments that there is a tremendous need to identify the presence of ethnic minorities at the provincial level. It will be important that as part of the work that the implementation consultant support team will conduct for the early project screening methodology - project cost estimations and feasibility studies to conduct a “ethnic groups mapping” - include the location and relevant land practices of the vulnerable rural and ethnic communities, social organization, so on and so forth. This information could help to provide relevant data during the IPP process which could also avoid significant adverse impacts and help to identify viable alternative projects design. Lastly, this information could help the preparation of the DEM Dam Safety Monitoring Database. Strategic Environmental and Social Assessment (SESA) for the Mining Sector. MEM submitted the draft TOR to carry out such work. Specific revisions from the environmental and social side were provided in specific areas related to labor, resettlement, and ethnic group issues. One specific recommendation for SESA process is to be include of social aspects during assessment of the institutional and capacity gaps, including the formal and informal institutions, as well as political economy constraints, to address the priorities effectively. Annex 8: Draft ToR for CA Management and Monitoring 19 | P a g e Aide Memoire – March 2015 Laos: CA Monitoring (IPP Process) Subcomponent 2B, 2C and 2D – Management and Monitoring Support, Capacity Building Programme Update Technical Guidelines and PSHD Implementation Draft Terms of Reference March 23, 2015 1- Background and National Context Lao PDR has large hydropower resources in a region where power demand is growing rapidly. Total electricity consumption in Laos has grown at an average rate of 12 per cent annually in the last ten years, mostly due to developments in the mining sector. The total installed hydropower capacity in Laos is currently 3,293 MW, of which 878 MW is for domestic supply and 2,150 MW is for export. Hydropower projects currently under construction have a total installed capacity of 5,553 MW of which 2,539 MW is for domestic supply and 3,014 MW is for export. In Lao PDR, historically the development of hydropower resources has been investor-driven. Independent Power Producers (IPPs) and other private investors have been engaged in power generation activities in Laos since 1988. IPPs form the majority of Lao PDR´s total power generation capacity and are a crucial part of the country´s electricity sector, undertaking investments in generation capacity which the government would not be able to finance on its own. The development of the hydropower sector to date has been done on an ad hoc basis, driven by FDI and revenue prospects rather than integrated strategies (energy and water). Lao PDR country-specific circumstances pressure the government of Lao PDR (GOL) to make difficult choices when the private sector comes with unsolicited proposals to develop Lao PDR hydro-resources. These choices usually require a clear policy framework and sector strategy. Lao PDR’s institutional capacity to effectively select, oversee, monitor, and manage a large number of hydropower projects needs to be strengthened. Rapid development of hydropower project outstrips the pace of development of institutional capacity to manage and monitor IPPs in the Lao PDR. The GOL has put in place important building blocks for the effective management of the private sector led and investor driven hydropower development. The GOL has enacted laws (e.g. Investor Promotion Law, Energy Law) and regulations, and has put in place key management tools such as standard model Concession Agreement (Standardized CA), Standard Environmental and Social Obligations for Hydropower Sector (SESO), minimum requirements for Feasibility Studies and most recently, the National Policy on Sustainable Hydropower Development has been updated to cover technical, engineering, economic, and financial aspects, and it has been renamed “Policy on Sustainable Hydropower Development” (PSHD)2. Institutionalization, the effective application of the PSHD, and the implementation of follow-up activities are critical to the sustainability of the hydropower sector and to enable effective private sector participation. Further work is needed to fully operationalize the PSHD. There is work to be done on refining and disseminating the revised PSHD and Standardized CA—including raising awareness of the revised policy and Standardized CA within and beyond Government, and building capacity to identify, develop and manage the hydropower projects within the PHSD framework. In parallel, the GOL needs to move forward with implementing hydropower transactions following the principles and processes set out in the PSHD and the Standardized CA, thereby achieving value from those projects, and demonstrating commitment across GOL to follow the country’s legal and regulatory framework and enforce Concession Agreements in practice. Only by giving concerted attention to the process of concession contract management and monitoring, will the GoL be able to fully implement the PSHD and achieve full value from its exploitation of its hydropower endowment. 2 The PSHD was approved by the Prime Minister in January 2015. 20 | P a g e Aide Memoire – March 2015 During the investment process to obtain a hydropower concession developers follow a staged process which involves the agreement and signing of three key pieces of documentation, namely: the MoU, the Project Development Agreement (PDA), and the Concession Agreement (CA) and reaching commercial operation date (COD) and transferring the project back to GoL upon expiration of concession (the “IPP Process”) The GoL has a fundamental interest in ensuring the PSHD is effectively and consistently applied throughout the IPP process, in accordance a broad range of objectives that take due regard of developing and implementing highest priority hydropower projects that will deliver the most value to assure long term sustainable growth and development. Implementation of the PSHD is an integral part of the IPP Process covering the entire life cycle of hydropower planning, construction, commissioning, operation and transfer stages. 1.1 The Hydropower Sector Organization Various institutions are involved in the Lao PDR electricity sector with which developers must interact in the IPP process. The Ministry of Energy and Mines (MEM) under the includes three directly-concerned departments (Department of Energy Policy & Planning (DEPP); Department of Energy Management (DEM), Department of Energy Business (DEB) that, along with the Department of Environment and Social Impact Assessment (DESIA) of the Ministry of Natural Resources and Environment (MONRE) and the Investment Promotion Department (IPD) of the Ministry of Planning and Investment, are key agencies responsible for the IPP Process. A brief description of the roles of these leading departments (in accordance with Ministerial Decree 0641/MEM dated May 10, 2012) in the IPP process follows: The Investment Promotion Department (IPD) Point of Entry for investors – it is the one-stop-service for providing information on the investment process in Lao PDR. The IPD administers the foreign investment system and reviews investment applications in accordance to the Investment Promotion Law. The GoL establishes also the Committee for Investment Promotion (CIP) at the central and local levels. Department of Energy Policy & Planning (DEPP) Responsible for policy formulation, strategic planning including collection and processing of data on electricity generation potential, and preparing and implementing regulations regarding generation and transmission development. Department of Energy Management (DEM) Responsible for management, examination, monitoring and inspection of the design construction and operation of energy development projects including, substations, transmission, distribution system and energy usage in accordance with technical standards, security and safety rules required by laws and regulations. Department of Energy Business (DEB) Responsible for monitoring and managing investment in the Lao power sector and having primary responsibility for representing the Government in all negotiations, agreements and interactions with private sector developers reviewing and commenting on project studies and documents and making final recommendation for MPI regarding the execution of hydropower concession agreements. Department of Environment and Social Impact Assessment (DESIA) Acts as a Secretariat in the Environmental and Social Impact Assessment (ESIA). It is directly responsible for approving the ESIA and negotiating and approving the Standard Environmental and Social Obligations (SESO) as well as mitigation plans prepared by the project Developers, which become part of the Concession Agreement and, then, used for monitoring their execution by the Developers in conformity with the agreement. In addition, in line with delegation policies to provinces and local authorities, at provincial (local) level an organization system that mirrors the central organization system of MEM has been put in place. The Provincial Department of Energy and Mines (PDEM) is directed by MEM and managed by the Governor of the relevant Province. It has responsibility to follow-up the developer’s work progress for implementation of a hydropower 21 | P a g e Aide Memoire – March 2015 project. Attachment 2 shows the organization and responsibilities of different agencies for implementation of the IPP Process at central and local levels. 1.2 Hydropower and Mining Technical Assistance Project Since 2010, the International Development Association (IDA – World Bank Group) has provided a grant to the GoL -- the Hydropower and Mining Sector Technical Assistance Project (HMTA). The development objective of the HMTA is to increase human resources capacity and improve the performance of Government oversight institutions for the hydropower and mining sectors. HMTA comprises four components: Component 1. Joint Hydropower and Mining Learning Program Component 2. Hydropower Sector Development. Component 3. Mining Sector Development. Component 4. Project Administration and Management. Component 2 is divided into four sub components as follows: Subcomponent 2 .A. Hydropower Policy Planning Subcomponent 2. B.1 Hydropower Concession Agreement Management and monitoring support, including technical, engineering, environmental and social safeguards and CA Compliance Subcomponent 2. C Hydropower Management – update technical guidelines and DEM Capacity building Subcomponent 2. D Implementation of the PSHD. – Development of Guidelines and Monitoring and Evaluation on PSHD Implementation The HMTA resources were fully committed with key studies concluded and capacity building under way. In 2014, the GoL obtained additional IDA financing under the HMTA. The HMTA Additional Finance (HMTA AF) is intended to support institutional sustainability by financing sector management improvements through the operationalization of upstream work (legal, regulatory and technical aspects) while continue to strengthening organizational as well as managerial and technical human capacity development. The MEM is ready to implement the HMTA AF. Under the original HMTA, a comprehensive advisory study3 was commissioned and has been completed by the consultant Societe Francaise de Conseil - SOFRECO (the SOFRECO Consultancy) for the requirements of Subcomponent 2b covering the institutional, technical, financial and legal aspects of hydropower concession management and monitoring. The output of the work carried under the original HMTA, is not limited to the institutional, technical, financial and legal aspects but covers a gamut of subjects under a number of expert reports as listed in Annex 1. These expert reports will be available to the selected Implementation Consultant Support Team as reference material and as a starting point for the delivery of services under this Terms of Reference. An important lesson learned from the implementation of the original HMTA is that in the context of low absorptive capacity, the various inputs from international consultants working separately on specific components can be of limited effectiveness, in particular when consultant’s recommendations require follow -up consultations, coordination with components studied by other consultants and/or training of GoL staff. In order to ensure timely procurement and coordination and promote synergies and consistency among consultancy outputs, this Terms of Reference club together a number of topics and recommendations made under the HMTA. In order to address the issue of sustainability of capacity development efforts this Terms of Reference apply to the services required from an international consultancy company to deploy an “Implementation Consultant Support Team” to provide technical guidance, training and oversight to IPD, DEPP, DEM, DEB and DESIA to implement the recommendations of the SOFRECO and other Consultants Reports for HMTA’s Subcomponents 2B , 2C and 3 Institutional, Technical, Financial and Legal Advisory Services for IPP Hydropower Concession Management. SOFRECO. Final Report March 2014. 22 | P a g e Aide Memoire – March 2015 2 D (together “Annex 1 Reports). Another lesson learned from HMTA implementation is that inter-agency and inter-ministerial coordination needs to improve. In line with delegation policies to provinces and local authorities it is necessary to extend technical assistance support to MEM staff at provincial and local levels as well as to facilitate agreement on operational policy and /or procedures between central and local agencies. As such, in addition to formal training, an on-the-job training approach will be applied for building capacity of MEM staff and PDEM through involving all levels ranging from high-level management to technical level. It is anticipated that at first stage the focus will be on building capacity of MEM staff at central government level. In turn, staff from central government will continue and intensify the current practice of training staff at PDEM level. It is not envisaged initially to deploy international consultants to the provinces, other than to make an assessment and to develop a capacity building program for PDEMs as further detailed in this ToR. This consultancy is expected to take place in parallel with other consultancy work under HMTA-AF, and the analysis and results of the various consultancies should be coordinated to ensure consistency and to avoid duplication. In undertaking this assignment, the Implementation Consultant Support Team is expected to coordinate with the consultants undertaking the work on other components of the HMTA-AF, including: (i) New Fiscal Regime for the Hydropower Sector; (ii) Power Sector Restructuring and Reform, where the Implementation Consultant Support Team will need to become fully familiarized with the envisaged changes in the nature of the power business in Lao PDR, which on the export side will, in the long term, likely include major grid to grid transactions, in addition to the well established export IPPs; (iii) Hydropower Modeling work to assure consideration of cumulative and induced impact of multiple dams in the same water basin; (iv) any other WBG activities (particularly, IMF and IFC) in hydropower and mining sector in Lao PDR. The key performance indicator under the HMTA-AF related to this ToR is the increased incidence of compliance with concession agreements and full implementation of the PSHD, enhanced capabilities in data collection and development planning to serve the needs of the hydropower sector. 1.3 Objectives The objective of the Terms of Reference is to describe the services of an Implementation Consultant Support Team to carry out a range of consulting services with respect to:  Institutionalization and operationalization of the PSHD– assessment of institutional, legal and regulatory framework for implementation of the PSHD, and  Strengthening the capacity of the GoL agencies including IPD, DEPP, DEM, DEB, DESIA and PDEMs to deliver their respective mandates related to the implementation of the PSHD through the management and monitoring of the IPP Process by harmonizing their duties and responsibilities, reinforcing human resources capacity -- and putting in place institutional arrangements, operating rules and procedures with an adequate quality control process. This Consulting Services’ objective has a number of constituent components including:  Assessment of Institutional, Legal and Regulatory Framework  Assessment of IPP Process – review of Memorandum of Understanding and Project Development Agreement templates  Develop Standard Operating Procedures covering entire IPP Process  Technical tools for management and monitoring of IPP Process including power generation data base;  Capacity Reinforcement Program for each of IPD, DEPP, DEM, DEB and DESIA;  MOU, PDA and CA Assistance Program  Review and Update of Technical Guidelines and LEPTS  Regulatory Framework for Hand-Back of Power Plant after expiration of Concession 23 | P a g e Aide Memoire – March 2015 2- Scope of services The following scope of work should be considered essential to achieve the objectives outlined above, but is not all-inclusive. The proposed consulting service process is open for the Implementation Consultant Support Team to proactively identify all necessary areas of work within its scope of expertise, ensuring that the analytical output is thorough and complete and that knowledge is retained by beneficiaries of consulting services. The Implementation Consultant Support Team must be able to respond positively to needs for complementary analysis and capacity building that GoL could require in the execution of this mandate for work regarding institutionalization of the PSHD through the IPP Process in furtherance of Subcomponents 2B, 2C and 2 D of the HMTA AF. 2.1 Perform Diagnostic Assessment of Legal, Regulatory, Institutional Framework supporting IPP Process and Implementation of the PSHD. The Implementation Consultant Support Team will critically review, refine, supplement and update the Annex 1 Reports on Institutional and Regulatory Framework to provide a detailed diagnostic assessment based on institutional and legal gap analysis to determine practical and target interventions to the regulatory and institutional framework in Lao PDR that will support effective implementation, institutionalization and operation of the PSHD through the IPP Process. The Implementation Consultant Support Team will be responsible for undertaking further investigation and analysis as required. The Implementation Consultant Support Team will review the main pieces of legislation 4 covering IPPs in Lao PDR, as well as other general and sector specific laws affecting the IPP Process the Implementation Consultant Support Team deems necessary to ensure effectively implementation of the PSHD. The review will seek to uncover gaps, inconsistencies and overlaps both in the formal legal, institutional and regulatory framework and on the IPP Process– the ‘theory’, but also how it works in ‘practice’. Indeed, a ‘gap’ may be manifest as a failing in the coverage, comprehensiveness, consistency, rationality or appropriateness of the legal and institutional framework, both the formal framework and how it is implemented in practice. It is well known in Lao PDR that a number of legal exceptions and exemptions are routinely sought at the National Assembly when CAs are submitted for approval. It is necessary to make the National Assembly CA approval process more efficient and transparent. This assignment is principally concerned with interventions that will facilitate the full implementation and institutionalization of the PSHD and the Standard CA to complement the current efforts in streamlining the IPP Process regulatory framework. Ultimately, the Implementation Consultant Support Team is expected to develop a set of practical and implementable proposals to strengthen the regulatory, procedural and institutional framework, which will have material implications or outcomes in facilitating the effective institutionalization of the PSHD and implementation of the IPP Process. In particular, the Implementation Consultant Support Team, will work with the GoL to design and enact a Build Own Transfer (BOT) Law based on international best practices and Lao PDR hydropower sector context. The BOT Law will consolidate various hydropower laws into one law. The Consultant Support Team will help develop a plan of action and implementation guidelines for the BOT Law. A Plan of Action, Implementation Guidelines and Performance Criteria for the PSHD have been prepared and are currently under discussion. The Implementation Consultant Support Team will review these materials and lead a consultative process to finalize the drafts and jump-start the PSHD implementation process. 4 Main legal instruments include: the Electricity Law (2012); LEPTS Decree (2007 as updated), EIA Decree (2010), Ministerial Instruction on Environmental and Social Impact Assessment (ESIA) of the Investment Projects and Activities (8030/MONRE (Dec 2013), Ministerial Instruction on Initial Environmental Examination (IEE) of the Investment Projects and Activities (8029/MONRE (Dec 2013), Standard Environmental and Social Obligations (latest v 27 with rolling updates), CAR Decree (2005), Protection Forest Decree (2010), Environmental Protection Law (2013), and other related laws/decrees currently being revised (Water, Forestry and Land Laws). 24 | P a g e Aide Memoire – March 2015 The diagnostic assessment should be informed by the PSHD Plan of Action and the BOT Plan of Action and ancillary materials and not repeat the institutional, legal and regulatory analysis undertaken as part of the Annex 1 Reports. Rather, the assessment should pick up where the Annex 1 Reports leaves off and work on specific interventions to allow streamlining the IPP Process through the implementation of the PSHD and a BOT Law. The deliverables of this component are expected to include  Institutional, Legal and Regulatory Assessment and Gap Report  Report on Practical Interventions and Proposals to Strengthen Regulatory Framework for IPP Process, with detailed arguments in support of the proposals  Draft BOT Law  Draft BOT Law Action Plan and Guidelines  Draft, Review, Complete and Implement Action Plan, Implementation Guidelines and Performance Criteria for Implementation of the PSHD  Document Templates and tools to apply the Guidelines for Monitoring Compliance with PSHD  Test the Guidelines  PSHD Implementation Status Report  Assistance with Draft of key new decrees and amendments to existing laws, regulations, or new laws and regulations supporting the BOT Law, if needed  Various Consultation Workshops to build consensus regarding deliverables 2.2 Institutional Analysis Hydropower development in Lao PDR requires input, consultation and approval from a number of Ministries and other GOL agencies. The position of DEPP, DEM and DEB within this structure is shown in Figure 1 together with some of the other concerned Ministries. Figure 1 is not intended to be exhaustive. DEB is mandated to provide a single point of contact with GOL for project developers. There is consequently a requirement for DEB to navigate and manage interfaces between other Departments within MEM, other Ministries, and Departments at Provincial level. Figure 1: Institutional Structure Ministry of Ministry of Ministry of Ministry of Ministry of Natural Finance Energy and Planning and Public Works Resources and Mines Investment and Transport Environment and Forestry Central Government Department of Department of Department of Energy Energy Energy Policy and Planning Business Management Provincial level Provincial level Other Provincial level Department of Energy and Mines Departments District level District Office of Energy and Mines The 2014 SOFRECO study3 concluded that existing arrangements between MEM Departments and other Government agencies were complex. Agency mandates were not always clearly defined and understood, and there were sometimes gaps or overlaps in responsibility. 25 | P a g e Aide Memoire – March 2015 The Implementation Consultant Support Team is required to undertake a review of the mandates and duties of the relevant energy departments within MEM, MPI and MONRE through a process of review, consultation and analysis the Implementation Consultant Support Team will identify where mandates require adjustment or clarification to ensure fully joined up coverage and coordination of the necessary tasks in furtherance of implementation of the PSHD through the IPP process. It is envisaged that the results will be presented in graphical and tabular form, where possible, to assist the clarity and accessibility of the recommendations. The Implementation Consultant Support Team is additionally required to review IPP Process’s interface requirements and responsibilities between MEM and other Government agencies at Central, Provincial and District level. It is envisaged that it will not be practical within the scope of these services to achieve consensus for revised duties and responsibilities with all related Government agencies. However all key interfaces should be identified such that the necessary functions and outputs of MEM can be included in the analysis to enable implementation of the PSHD. The deliverables of this component are expected to include:  Assessment of Mandates and Duties of Agencies involved in the IPP Process  Revised Mandates  Protocols for communication between various GoL agencies  Protocols for communication between central and provincial authorities  A detailed work plan for implementation of new mandates and communication protocols  Various Consultation Workshops to build consensus regarding deliverables 2.3 Design of Standard Operation Procedures for Rationalization of IPD, DEPP, DEM, DEB and DESIA Work Processes With due regard to the new institutional framework developed under Task 2.2, the requirement for a reorganisation of work processes and operating procedures to respond to the improved institutional set-up, . the Implementation Consultant Support Team will develop Standard Operating Procedures (SOPs) for the IPP Process that are essential to the practical implementation of the PSHD and the IPP Process itself. The Implementation Consultant Support Team shall review previous studies3 and undertake a further programme of review, needs assessment and consultation within each of IPD, DEPP, DEM, DEB and DESIA. The consultation process will entail review of the full project cycle of a recently closed project and of a project under development in order to identify in practice any major issues with current work process and procedures. Based on this review and diagnostic of the issues arising out of current practices, the Implementation Consultant Support Team shall develop coherent SOPs/ for each of the IPD, DEPP, DEM, DEB and DESIA operations, fully consistent with the sequencing of the IPP Process. Each division SOP should be structured as a single document that provides a simple and accessible reference for staff on how to perform the full range of functions in their mandate. An umbrella SOP will provide the general guidance coordinating the roles assigned to each of IPD, DEPP, DEM and DESIA. The SOPs should include the following as a minimum:  Flow charts defining the processes for each stage of a project. These charts should indicate the decision and approval gateways, and the criteria for passing each gateway and proceeding to the next stage.  Organograms defining management structure, communication routes and authority at each management level.  Step-by-step written procedures communicating who will perform the task at each stage of the IPP process, what materials are necessary, where the task will take place, when the task shall be performed, and how the person will execute the task.These written procedures will serve as an instructional resource that allows relevant staff to act without asking for directions, reassurance, or guidance.  Procedures for identifying performance indicators, monitoring progress and assessing when performance indicators are achieved.  Standard procedures for the health and safety of personnel with particular reference to visiting active construction sites and operational projects. 26 | P a g e Aide Memoire – March 2015  A standard filing system for project documents and correspondence, including procedures for data and document storage, retrieval and archiving.  Procedures for checking, approval and traceability of work undertaken by staff.  Procedures for receiving feedback from projects and key stakeholders in the IPP process, assessing lessons learned and updating procedures to continuously improve performance. The SOP should be structured such that a specific Execution Plan can be produced for each project based on the standards SOP. The deliverables of this component are expected to include:  Consultation Workshops  Diagnostic Report highlighting main issues with current practices and procedures.  SOP for each of IPD, DEPP, DEM, DEB and DESIA  Quality Plan for each of IPD, DEPP, DEM, DEB and DESIA  Guidelines and Templates for project specific Execution Plans  Trial of SOP on an actual IPP project  Stakeholders’ Workshop to build consensus on SOPs 2.4 Technical Tools, Generalization, Quality Improvement and Management of Power Generation Database and Full Synchronization of MOU, PDA and Concession Agreement Database With due regard to the overall outcomes of the tasks above, the Implementation Consultant Support Team will recommend and implement practical tools that are required to operationalize the new institutional set-up, including eventual implementation of a fully synchronized and comprehensive hydropower sector database. This section is divided into items for immediate development and items for recommendation on subsequent development through development of ToRs. Despite considerable on-going efforts and much improvement, MEM/DEPP's power generation database (the “Power Generation Database”) is still incomplete, inconsistent and not up-to-date. A reliable, complete and up- dated Power Generation Database is necessary for implementation of the PSHD and the IPP Process. For DEPP to achieve useful and reliable planning results, DEB to have fully informed negotiations of CA and be able to effectively monitor their implementation; DEM to properly conduct technical monitoring; DESIA to adequately design and monitor ESIA and SESO; and for IPD to be able to effectively select the best developers; the data sourcing, the data quality and their management merit improvement. As part of this consultancy, the Implementation Consultant Support Team will take stock of the existing databases at each of DEPP, DEB, DEM, DESIA and IPD. The Implementation Consultant team will assist and coordinate the efforts of each of IPD, DEPP, DEM, DESIA and IPD to continue to:  Complete and update the Power Generation Database;  Validate assumptions and remove inconsistencies;  Generalize the existing hydropower database and include all relevant hydropower plants / projects, thermal power plants / projects, main transmission lines / projects and import/export options that are relevant for the Lao power system;  Include measurement or metering data for validation and calibration of model components; and  Introduce quality management. Continuous data management is required to keep the Power Generation Database current and to upgrade it. The Power Generation Database has to be updated and validated periodically. The Consultant Implementation Team will assist DEPP, DEB, DEM, IPD and DESIA to establish processes and coordination for continuously updating data, and for synchronizing data with sources at EDL, EDL-Gen, DEB’s own CA database, DEM’s own Technical Monitoring database; DESIA’s ESIA and SESO database, IPD’s Investor Application and MOU’s database and other external sources including access to information generated by concession companies and developers. 
 With respect to existing hydropower projects, for each MOU, PDA and CA (including its annexes such as SESO) 27 | P a g e Aide Memoire – March 2015 the database will provide an Executive Summary/Manual/Track Log summarizing contract obligations, including regarding ESIA, performance indicators, milestones, progress reports requirements and establishing monitoring procedures and checkpoints. Automation initiatives assure full coordination and avoid duplication of work. With respect to new CAs, the Implementation Consultant Support Team will work with DEB staff on a daily basis including site visits and remotely for the first four months of the initial implementation of the CA (i.e. before the project enters into Commercial Operations), training the staff and developing a system of processes, templates, customized tools, schedules and plans for CA’ Monitoring and Supervision as below: a. Drafting an Executive Summary/Manual/Track Log summarizing contract obligations (including as set forth in the SESO and ESIA for relevant project), performance indicators, milestones, progress report requirements and establishing monitoring procedures and check-points. The DEB, DEM, DEPP, DESIA and IPD staff needs to know exactly what is expected and when it is expected. b. Create a Risk Management Plan based on prior consultant development of a Risk Matrix for the Standard CA– understanding the allocation of risk under the various contracts related to the CA, listing each risk and associated responsibilities – identify information needed to monitor risk and possible actions to mitigate the risk. c. Create a filing system containing in addition to the Concession Agreement and related project agreements (PPA, EPC, Shareholders Agreement) and ancillary documents, performance measurement schedules, the financial model, budget and other related documentation. d. Establishing Monitoring and Supervision protocols for the relationship with the private party. The Implementation Consultant Support Team will therefore assist in the the improvement of the existing data basis with the goal to create a central database populated with information from different sources including power generation data from DEPP, and on the existing MOUs, PDA and Concession Agreements, including data sourced at DEB, EDL, EDL-Gen and provincial agencies. The Implementation Consultant Support Team will further assist IPD, DEPP, DEM, DEB and DESIA to mobilize an IT Specialist Consultant to identify what are their specific needs regarding establishment of synchronized central database and develop a ToR regarding the identification, and development of a suitable proprietary software for the creation of a Central Database together with implementation of appropriate computerized systems and training to facilitate the day to day operations of each of IPD, DEPP, DEM, DEB and DESIA and their familiarization with a Central Database. In addition, with respect to DEM, previous studies have indicated that although a large amount of monitoring data is gathered by concessionaires of the dams they are not shared and evaluated independently by DEM and signed- off, despite specific CA requirements. The Implementation Consultant Support Team will provide technical assistance to assist DEM staff to: a) Develop a ToR for the identification and, development of suitable proprietary software and for the implementation of an appropriate computerized maintenance management system for dams under construction and under operation. b) The ToR will also provide for the development of a process for concessionaires to share electronically, the required evidence of compliance with LEPTS during construction and operation. This may include sharing the database plot, archives, evaluation and sign-offs on the instrumentation data gathered over the years for operating dams. c) Provision of automated dam monitoring and operational early warning systems (ADAS/SCADA) for certain basins The Implementation Consultant Support Team will further assist DEPP to mobilize a specialized IT Consultant specialist to evaluate what are their specific needs regarding establishment of database and develop a ToR regarding the identification, and development of upgrades to the Lahmey planning software or identifying suitable replacement software that would perform in a more efficient and updated basis similar functions to Lahmey. 28 | P a g e Aide Memoire – March 2015 The DEPP ToR will also identify suitable software to assist DEPP with reservoir sediment assessment (multiple basins) and sediment transport analysis so that DEPP is able to advise IPP Process in terms of where to best locate new projects in the future. The deliverables of this component are expected to include:  User Needs Assessment  Development of a Generalized Central Database for Power Generation  Improved MOU, PDA and Concession Agreement Database  Establishment of Functional Organizational Structure with roles and responsibilities of staff at each of DEPP, DESIA, IPD, DEM and DEB to obtain, update and manage necessary data for their own accountability.  Procedures and Protocols for Interface with Developer  Develop a IPP Process Database  Various ToRs and Bid documentation for specialized databases and IT equipment and services, including Project Management Software 2.5 Capacity Reinforcement Program With due regard to the new institutional set-up developed under Task 2.2, the Implementation Consultant Support Team will provide ongoing support to each of IPD, DEPP, DEM and DESIA by assisting on their routine work assignments and providing expert guidance. After one month of immersion on their job routines, the Implementation Consultant Support Team will critically review and improve the SOFRECO DEB Capacity Reinforcement Plan (see Annex 1 Reports). Similar and improved capacity reinforcement plans will be developed for IPD, DEPP, DEM, DESIA and the PDEMs, as further detailed below. At the initial stage, the Implementation Consultant Support Team will conduct a detailed analysis of the activities under the mandates of each division under IPD, DEPP, DEM, DESIA and the PDEMS, as applicable and identify the minimum capacity to carry out these activities as a minimum referential. In order to produce a credible and practical analysis the Implementation Consultant Support Team will spend time shadowing staff at each of the above listed agencies.Thereafter the identified capacity needs can be used to evaluate the gaps between the referential (required capacity) and the assessed capacity of the personnel current in the position with the activities of each division current capacity of each of IPD, DEPP, DEM and DESIA. The analysis and assessment will cover the human resources capacities not only in terms of missions and duties but also capacities in terms of relation and interaction with all stakeholders, governmental agencies and private developers involved in the IPP process. This assessment will provide the base for among others, the development of Capacity Reinforcement Plans. The Implementation Consultant Support Team will be expected to prepare a Needs Assessment Report and propose a Capacity Reinforcement Plans for each of IPD, DEPP, DEM and DESIA based on “best case scenario” without any resource constraints. The compensation packages should be evaluated to assure these departments are able to attract and retain a skilled labour force. The Capacity Reinforcement Plan should provide a list of detailed activities, tentative time schedule of implementation and estimated implementation budget. Moreover the Capacity Reinforcement Plan has to provide a clear set of targets and robust methodology for continuous assessment of results. The Implementation Consultant Support Team shall provide technical assistance to each of the IPD, DEPP, DEM, DEB and DESIA, on a rotating basis, over a eighteen-month period to reinforce in house capabilities for the delivery of their mandates. The primary intention is to act on behalf of IPD, DEPP, DEM, DEB and DESIA on technical issues while at the same time implementing the Capacity Reinforcement Plans. At the same time, the approach to capacity building at PDEM level needs to be adapted to the specific circumstances of the relevant PDEMs. At first, it is expected that MEM staff from central government will take the lead with the on-going “on-the-job” training, which will eventually be intensified. 29 | P a g e Aide Memoire – March 2015 The Implementation Consultant Support Team will review the findings and recommendations made by the SOFRECO Consultancy “DEB Training Program” with respect to a “two stage training program to reach provincial level”. The First Stage would be dedicated to the central level agencies of MEM. At the end of the First Stage, a “Team of Trainers” would be selected based on an open process (top performers who have a desire to contribute in educating others). The Second Stage would be mainly dedicated to the capacity reinforcement at provincial level of Lao PDR provincial departments and offices of the Ministry of Energy and Mines (PDEMs). The Second Stage training program would be fully implemented and managed at provincial level by the Team of Trainers. At the inception of the Second Stage it is possible that the Team of Trainers would benefit from support to be provided by international and local consultants. SOFRECO recommended that Luang Prabang and Champassank provinces become centers to train the surrounding provinces as these two provinces have strategic geographical locations and could aggregate a number of provinces for target training programs. The Implementation Consultant Team is expected to make operational two pilot training programs for PDEMS in furtherance of SOFRECO Consultancy’s recommendations with relevant adjustments discussed with DEB, DEPP, DEM, DESIA and IPD. This technical assistance will not replace the role of Contract Engineer appointed for the monitoring of specific projects. The scope will however include assistance to DEM, DEB and PDEM’s staff with the following up and implementation Contract Engineer recommendations. An important part of these consulting services will be to assist DEB, DEM, DEPP and DESIA with the drafting and negotiation of the CA technical schedules. These schedules should provide adequate definition of project design, construction and operation requirements. Requirements for GOL Works such as roads, transmission and irrigation facilities must also be specified. GOL monitoring and objection rights must be defined, since without these provisions GOL monitoring and enforcement has no contractual basis. The Implementation Consultant Support Team will further discuss with DEB, DEM, DEPP, DESIA and IPD specific training requirements that can be implemented as part of the scope of work described in this ToR. The deliverables of this component are expected to include  Needs Assessment Report  Capacity Reinforcement Plans  Capacity Reinforcement Evaluation Methodology  Workshop training materials and on-the-job training materials  Memoranda, Internal Reports and other routine job materials resulting from the technical assistance to reinforce in-house capabilities  Draft CA Schedules for IPP under negotiation  Prepare training materials and Conduct training of Trainers for teams assigned to train in the provinces  Design and supervise2 Pilot Training Program at PDEMs using Trainer of Trainers 2.6 MOU, PDA, Concession Agreement and Power Purchase Agreement Assistance Program Prior to negotiating CA terms, there has usually been a period of some years during which GoL has agreed to award preliminary rights to a developer in the form of a Memorandum of Understanding (“MOU”) and a Project Development Agreement (“PDA”). The terms of the preliminary agreements play a significant role in shaping the CA that the GoL can later negotiate with the developer. The Implementation Consultant Support Team in close coordination with the IPD, DEPP, DEB, will review the application of the IPP Process in practice and identify areas that could be strengthened in the process itself as reflected in the templates MOU and PDAs in use. The review will take into consideration the requirements of the standardized CA or Model Export CA/Model Domestic CA and work backwards and consider what requirements then need to be incorporated into the MOU and PDAs. 30 | P a g e Aide Memoire – March 2015 The SOFRECO Consultancy provided a draft Guideline for Developers Pre-screening, which the Implementation Consultant Support Team shall review, improve and make operable in the context of early screening of projects, as provided in Section 2.7 below. In addition to review of MOU, the Implementation Consultant Support Team shall also review, update and simplify the Application form and further documentation forms that Developers routinely file under the IPP Process to assure that GoL is obtaining robust information, and also with a view to streamline the system. A standardized CA has been drafted as part of the earlier studies3. This standardized CA includes pro forma technical schedules and these will require original text for each project as described in Section 2.4 of these Terms of Reference. Throughout the term of this consultancy, the Implementation Consultant Support Team will provide on the job technical assistance to support the capabilities of DEB’s contract division, and the relevant staff of IPD, DEM, DEPP, DESIA to negotiate, implement and monitor all hydropower projects. In addition, a comprehensive long term Training Programme for DEB (Contract Division staff) will be provided under this Terms of Reference to improve capacity in negotiation, implementation and monitoring of CAs. The training programme will be developed upon consultation with DEB’s Contract Division senior staff and will cover at a minimum negotiation techniques, the basic structure and composition of a standard CA (or analysis of the CA DEB is using in practice), the differences of risk allocation for domestic and export CAs, monitoring requirements, oversight requirements in different phases of the project, milestones, obligations of the GoL and Developer, etc. . The training programme will additionally cover the broader legal framework, supporting financial modeling and other features of an IPP project, the function of the CA within that framework, and the essential terms for the Engineer, Procurement and Construction contract (EPC) Shareholders Agreement (SHA) and Power Purchase Agreement (PPA). The Implementation Consultant Support Team will develop various modules for training of the DEB Contracts Division (CA negotiation, CA monitoring, etc) and train staff to become trainers to assure knowledge sustainability at DEB’s contract division. A similar and possibly joint training will be provided for IPD with respect to negotiation of MOUs, PDA and CAs and to DEM, DEPP and other relevant agencies involved with negotiation and monitoring of the PDA and CA as well. Specific training will be developed for DESIA with respect to negotiation and monitoring of SESO and ESIA. The Implementation Consultant Support Team will assist DEB in the development of template PPA for domestic projects. The Implementation Consultant Support Team shall obtain feedback from actual project negotiations based on the existing MOU and PDA forms and particularly the new standardized CA and the Model DEB Export and Domestic CAsThis feedback should be incorporated into the training programme for discussion and consideration. The Implementation Consultant Support Team will draft recommendations for revised MOU, PDA and CA text based on feedback and subsequent analysis. The Implementation Consultant Support Team will assist in the drafting and improvement of existing templates for this documentation. 31 | P a g e Aide Memoire – March 2015 The deliverables of this component are expected to include:  Improved templates for MOU and PDA  Review and Improve Model CA for Export and Import  Draft Model PPA for Domestic Projects  Early Project Screening Methodology  Develop template schedules for CA  Refinement of Feasibility Study ToR/Guidelines  Assistance for Development of Risk Matrix for IPP projects under negotiation  Tool kit for Training on MOU, PDA and CA negotiation and monitoring  Trainer of Trainers materials  Stakeholders Workshop  Private Sector Forum (Hydropower Working Group) for consultation on MOU, PDA,PPA and CA templates  Assist in the negotiation of the Standardized CAs  Amendments to the Standardized CA based on actual project negotiation 2.7 Early Project Screening Methodology, Project Cost Estimation and Feasibility Studies The GoL can identify high-priority projects that are central to achieving Lao PDR overall development objectives, where the use of IPPs to exploit Lao PDR hydropower resources is expected to deliver greater value for money and foster sustainable development. GoL can prioritize the projects that will deliver the most suitable outcomes including with regard to access to electricity generated by project, river basin cumulative impact analysis, water rights impact, appropriate treatment of environmental and social issues. The SOFRECO Consultancy provided a draft Guideline for Developers Pre-screening, which the Implementation Consultant Support Team shall review, improve and make operable in the context of early screening of projects. The Implementation Consultant Support Team shall develop and provide a methodology consistent with the PSHD for the early screening of projects to allow IPD to make an informed recommendation regarding the signing of MOUs. In the process of developing such methodology the Consultant Support Team will take into consideration the work already undertaken by IPD, including with support from the UNDP. The Implementation Consultant Support Team shall develop and provide a cost estimation model that will permit DEPP, DEM, DEB to undertake independent analysis of project costs in order to review, refine and challenge figures submitted by potential developers. The civil works component of the model shall be based on a resources approach where cost rates for the main activities are built up analytically using current procurement costs and typical production calculations. The following resource information should typically be required as input data:  Materials – the source and cost of materials, including temporary materials.  Labour – the cost of various skill levels, social charges, insurance and non-working time; and  Construction Plant – purchase price, running costs, depreciation and re-sale value. These data should then be combined to form the net cost unit rates for key activities such as underground excavation, embankment construction and reinforced concrete works. Indirect costs for contractor’s supervision, indirect labour, site facilities, indirect plant and other general expenses should then be added. Finally a mark-up for contractor’s overheads, tax, profit and risk should be added so that a complete and transparent cost estimate is developed. The electrical and mechanical components of project cost will require a data base populated with information from suppliers and bid prices from other projects. These data will need to be brought to a common date through suitable escalation and currency adjustment processes and then adapted to project specific parameters such as discharge, head, and leading dimensions. 32 | P a g e Aide Memoire – March 2015 Cost estimation of hydro-mechanical components will largely be based on the current price of steel. Standard adjustments will then be required for fabrication and erection costs. The Implementation Consultant Support Team will use agreed costs on a recent DEB project to calibrate the model for specific conditions in Laos. The Implementation Consultant Support Team will then participate in at least one set of project cost negotiations to test the model and make further refinements so that developer’s figures can be effectively challenged. Finally the Implementation Consultant Support Team will provide a training programme for DEB staff in the use of the model and provide default data as a starting point for its future use. The deliverables of this component are expected to include:  Methodology for Early Screening of IPP projects (building on SOFRECO and taking into consideration UNDP work with IPD)  Cost Estimation Model for evaluation of IPP project  Training on Methodology and Model  Piloting Model use in 2 or 3 actual projects  Tool kit for training on Early Screening Methodology, Feasibility Study and Cost Estimation Model  Stakeholders’ Workshop 2.8 Review and Update Technical Guidelines and LEPTS In 2004, MEM adopted the Lao Electric Power Technical Standards (LEPTS). LEPTS was drafted based on general global standards, taking into consideration the experience of Japan, which was, state-of-the-art at the time. While most of LEPTS provisions remain fundamentally applicable, it needs to be further detailed and updated considering the specific context, technological advances, newly adopted international technical standards and the changing needs of the Lao PDR hydropower sector. In close consultation with DEM, the Implementation Consultant Support Team will conduct a detailed review of LEPTS to update it, make it more specific and operational and at the same time more “user friendly” and practical. To that end, the Implementation Consultant Support Team before making recommendations will spend sufficient time on the job with the DEM staff to fully understand the challenges DEM staff current experiences in applying LEPTS on a day-to-day basis. It takes time to upgrade and make more user-friendly technical guidelines that can be used with confidence and easy by DEM staff. LEPTs will be reviewed specifically looking for simplicity and ease of reading/identifying key actions. The objective would be for the Consultant Support Team to start the review of LEPTS early in the delivery of the consultancy service under this ToRs as coordinating inputs from different staff sources could take considerable time. This task will continue throughout the duration of the consultancy services. The SOFRECO Consultancy provided an initial review of LEPTS and identified a number of provisions that need to be revised to provide better specifications and guidance for inspection and monitoring. As a prevailing matter – many provisions of LEPTS are too general. It is necessary to be more precise with respect to applicable requirements and address down to detail design matters. In addition, the review has to take into consideration that provincial government’s authority over development of hydropower resources was expanded from hydropower facilities of 5 MW to 15 MW. The Implementation Consultant Support Team will also review and update the entire body of technical guidelines currently applicable, including provisions under the Law on Electricity (amended in 2011) and the Lao Grid Code to assure a coherent technical framework for inspection and monitoring of hydropower facilities. In order to update LEPTS and other Technical Guidelines, the Implementation Consultant Support Team would discuss and advise on best international practices and avoid duplication of efforts already undertaken in other countries. Preferably, small expert panels would be initiated for each Guideline to be reviewed. The panels would consist of representatives of DEM and invited experts. The panel would submit recommendations and build 33 | P a g e Aide Memoire – March 2015 consensus prior to adopting a final language for the revised LEPTS or Technical Guideline text. If the panel decides to adopt other countries guidelines (duly modified to ensure relevance to Lao PDR conditions), then appropriate acknowledgement would need to be incorporated, copyright considerations and approvals from relevant international committees sought. This latter approach (guidelines following closed the ones in existence in certain country) may be proposed for guidelines that are yet to be commenced such as guidelines for the hand-back of assets upon expiry of concession term; reservoir sedimentation surveys and dam safety for example. The Implementation Consultant Support Team will create specific regulation pertaining to technical inspection and monitoring of projects commissioned on a built and transfer basis supported by turnkey construction contracts. The deliverables of this component are expected to include:  Revised LEPTS  Workshop Training on revised LEPTS  On the job Training on revised LEPTS  Revised set of Technical Guidelines assuring coherence between Electricity Law, Lao Grid Code and applicable technical guidelines  Mechanism for Monitoring and Evaluating Implementation of LEPTS  Creating Specific Units at DEM with responsibility of certain LEPTS requirements such as Dam Safety  Regulation providing application of these guidelines in the context of Turn-key projects, without Concession Agreements 2.9 Institutional and Regulatory Framework and Guidelines for (i) The Licensing, Construction, Operating and Monitoring of Small Hydropower Plants, (ii) The Hand-back and De-commissioning of Hydropower Facilities on Expiry or Termination of Concession and (iii) Dame Safety Licensing and Monitoring of Small Hydropower Plants There are currently 150 MoUs signed for the development of small hydro projects (equal or below 15 MW). The GoL is in the process of enacting a policy on licensing and on electricity tariff for small hydropower plants. The development of small hydropower plants remains largely unregulated in Lao, even though there are many under operation and currently the provincial authority has the power to approve projects equal or below 15 MW. The Implementation Consultant Support Team will provide a review of current international best practices and analyze the procedures that have been adopted for the regulation of development and operation of small hydro plants. Case studies will be undertaken to illustrate the application of regulations for small hydropower plants. Finally, the Implementation Consultant Support Team will make recommendations for procedures to be adopted in the Lao PDR context for licensing, construction, inspection, operation and managing and monitoring development of small hydro power plants and a draft of such procedures will be prepared by Implementation Consultant Support Team and discussed with relevant GoL authorities. An important issue is the optimization of cascade flow and conducting assessment in order to maximize output of relevant river basin. This work on cascade flow optimization is being undertaken under another Consultancy supported under HMTA-AF. It will be necessary for the Implementation Consultant Support Team to coordinate the work on development of regulatory framework for small hydropower plants with the work on optimization of cascade flow. The Implementation Consultant Support Team will undertake an assessment of needs by visiting a selected sample of small hydro power plants with DEM to provide support for provincial staff inspections and to develop a Capacity Reinforcement Plan based on findings from site visit. The Capacity Reinforcement Plan will assure coherent application of new policies, rules and sound inspection and monitoring of small hydropower plants by PDEMs. It is anticipated that the format of Trainer or Trainers will be the best model to build capacity of PDEMs. Hand-Back of Power-Plant Facility upon expiration of Concession Term. The Implementation Consultant Support Team will provide a review of current international best practices and analyze the technical requirements and procedures that have been adopted for the regulation of the hand-back of the hydropower plant facilities and dam to the governments upon expiry or termination of the concession. Case 34 | P a g e Aide Memoire – March 2015 studies will be undertaken to illustrate the application of regulations that have assured the proper state of the facilities, including with respect to requirements regarding on-going sedimentation assessment, survey, transportation and control to assure longevity of dams, and good state and operating conditions of dams when returned to governments. Finally, the Implementation Consultant Support Team will make recommendations for regulation, procedures and practical guidelines to be adopted in the Lao PDR context for how the hand-back should take place. Dam Safety The Implementation Consultant Support Team will take stock of advisory provided to date to DEM with respect to Dam Safety. The Implementation Support Consultant Team will provide a review of current international best practices and analyze the technical requirements and procedures that have been adopted for the regulation of dam safety. Case studies will be undertaken to illustrate the application of dam safety regulations. Finally, the Implementation Consultant Support Team will make recommendations for regulation, procedures and practical guidelines to be adopted in the Lao PDR context for dam safety. The deliverables of this component are expected to include:  Report on best international practices on licensing, inspection, construction, operation and monitoring Small Hydropower Plants; Asset Hand-Back/Decommissioning; and Dam Safety .  Workshop Training on licensing, construction and operations and monitoring Small Hydropower plants; Asset Hand-back and Dam Safety  Regulation on Small Hydropower Plants, Asset Hand-Back/Decommissioning and Dam Safety.  Guidelines on Small Hydropower Plant Construction, Operation,Management and Monitoring  Guidelines on Asset Hand-Back (to be added to LEPTS)  Guidelines on Dam Safety (to be added to LEPTS)  Practical training, capacity building and application of Guidelines at PDEMs level in the case of small hydropower plants.  Workshops and Stakeholder Consultation on the regulation of Small Hydropower plants and Asset Hand- Over upon expiry or termination of concession.  Assessment Report of PDEMs and training regarding Asset Hand-Over 2.10 Knowledge Exchange with NUOL and Other Lao PDR Educational Institutions The Implementation Consultant Support Team will develop a program to share hydropower sector industrial knowledge brought by HMTA-AF consultants with university level students in Lao PDR. In close cooperation with MEM senior staff the Implementation Consultant Support team will identify suitable counterparts at the National University of Laos to develop official short term courses, workshops and seminars in various hydropower sector disciplines. A Memorandum of Understanding will institutionalize the relationship between the HMTA AF consultants and the counterpart professors. The consultants will develop teaching materials, and jointly with the counterpart professor will teach the workshop, seminar or course for up to a trimester. Students will be required to read materials and will be tested on the subject matter – the idea is to make sure that “knowledge sticks”. – The training materials are to be shared with the “Hydropower Training Center” to be established with support from HMTA – AF. A member of the Implementation Consultant Support Team with expertise in hydropower engineer, will undertake an assignment of 18 months to teach twice a week at the NUOL recently created Master Program on Hydraulics Engineer with support from DAAD of Germany 35 | P a g e Aide Memoire – March 2015 The deliverables of this component are expected to include:  MOU with UNOL  Workshop, Seminar, Short Course Materials in Hydropower  Testing materials  Training Materials for Professors  Hydropower Learning Portal 3- Qualifications and ToR Approach These Terms of Reference apply to the services required from a suitably qualified company (the Consultant) to refine, improve and implement the recommendations of the Annex 1 Reports and assist with the institutionalization of the PSHD through implementation of the IPP Process as provided under Subcomponents 2B, 2C and 2D of the HMTA AF. The qualified company (or consortium of companies) will field a diverse team of experienced individuals (see qualifications below) to be stationed and/or rotate at the offices of IPD, DEPP, DEM, DEB and DESIA in Vientiane – the “Implementation Consultant Support Team”. The attached Organogram illustrates the core composition of the Implementation Consultant Support Team and list the additional consultants that will be called on a as needed basis to perform specific tasks under this proposed consultancy, It is envisaged that a head-resident consultant will be attached to the DEB (the Team Leader) for a period of up 18 months, which may be extended for up to three years based on performance and need. In addition to implementing the components listed above concerning DEB, the Team Leader will supervise and coordinate the work of the other consultants -–the respective responsibilities and coordination arrangements will be established in advance by the Team Leader in coordination with DEB.. The Team Leader will rotate from time to time to provide support to IPD. Each of IPD, DEPP, DEM, DEB and DESIA will designate a technical team to work with their respective consultant member of the Implementation Consultant Support Team in implementing the components described above and will provide relevant administrative support. The Team Leader will also be required to report on activity progress to a wider group of stakeholders including the World Bank Group, and particularly the Hydropower Working Group 5 . The work of the Implementation Consultant Support Team will be complemented by use of national Lao PDR Consultants who will provide long- term on-the-job coaching to GoL staff and act as interface with the Implementation Consultant Support Team. A National Coordinator will be stationed at DEB. A Hydropower Engineer will be attached to DEM for a period of 18 months. In addition to having primary responsibility for updating LEPTS as provided in Task 2.10, the Hydropower Engineer will participate in a pilot program to promote integration between GoL’s international consultants and programs at the NUOL. The Hydropower Engineer will be responsible for teaching on a part time basis (Fridays and Saturdays) a course as part of the newly created Program Master Degree in Hydraulic Engineer at NUOL. From time to time other members of the Implementation Consultant Support Team will also be required to deliver lectures, prepare teaching materials and share knowledge with students and faculty at NUOL or other Lao PDR academic institutions as per Section 2.10. Ths assignment is expected to cover a very broad range of the areas as shown in the ten Tasks. Given the breadth of this assignment and the urgent need to develop capacity in the hydropower sector of Lao PDR, creative approaches to addressing, analyzing and undertaking each Task will be welcomed. While addressing each of the Tasks, the interested proponent is expected to identify areas felt to be of greatest significance, and structure their project proposals accordingly. 5 The Hydropower Working Group (HWG) was established to enhance coordination and facilitate timely implementation of the HMTA-AF activities under the hydropower sector development. The HWG is chaired by the Head of the PSO and comprise the Deputy Director General of DEPP, DEM and DEB. 36 | P a g e Aide Memoire – March 2015 It is expected that the Implementation Consultant Support Team will consist of, but not necessarily be limited to, the skills profiles listed in the below table. Where members of the team can fulfil more than one skills profile, there is no requirement to have separate positions for each profile. Members of the Team working in Vientiane are expected to be supported by specialist staff in the home office, visiting when required on a as needed basis. In addition, the Implementation Consultant Support Team is expected to include the services of other consultants to provide targeted support to the specific tasks. This temporary consultancy will take the form of access to a range of specialist skills within the hydropower sector covering:  mechanical and electrical engineering and also  legal, contractual and commercial capability. The hiring arrangements for these consultants will typically be lead directly by the Implementation Consultant Support Team. The Implementation Consultant Support Team shall include all the necessary experts required to complete the work as specified under this Terms of Reference. Additional skills/individuals may be proposed as well as the length of their commitment. Team Members Qualifications Comments Team Leader  Qualifications: Postgraduate degree in Business Administration, Based at DEB full time for 18 Economics, Finance or a related field. months.  Professional Experience: At least 15 years professional experience with Responsible for all team hydropower sector transactions, experience dealing with hydropower members including those developers and in economic development, public administration & assigned to DEM and DEPP. policy and, other infrastructure and related field welcome.  Specific experience and skills required: o Extensive experience in working on hydropower sector from a public or private perspective, ideally across the project life cycle from analysing options, negotiating concession agreements to implementing actual transactions; o Experience in supporting Governments to strengthen the enabling environment, review institutional set-ups; enact policies and build capacity for effective implementation of hydropower concessions o Demonstrated ability in project and/or business planning from the strategic, managerial and financial perspective o Proven Project Management capability, including planning and delivering complex projects with multiple stakeholders within tight timeframes o Good understanding of the Lao PDR economic, political, institutional and cultural context o Excellent verbal and written communication skills; native-level fluency in English required o Excellent interpersonal skills—demonstrated ability to network and win the confidence/trust of all levels of Government Officials and partner organizations, etc. National Coordinator  Qualifications: Minimum bachelor’s degree academic qualification from Based at DEB full time for 18 national or regional university months to work directly with  Professional Experience: Minimum 10 years’ experience in a relevant Team Leader. specialization including interface with Lao Government  Specific experience and skills required: o fluent in English and Lao language speaking and writing  Lao national preferred 37 | P a g e Aide Memoire – March 2015 Hydropower  Qualifications: Post Graduate Degree in Civil Engineering specializing Based at DEM full time for a in subjects related to all types of dams design and construction total period of 18 months. Engineer engineering and dam safety. He/she should have experience advising To work closely with DEB on best international practices related to dam’s tec hnical guidelines. team and provide direct Chartered Engineer status with membership of the Institution of Civil support to the Team Leader. Engineers (ICE), London, or other recognized institution equivalent of the ICE.  Professional Experience: Minimum of 15 years working experience after basic degree in design, construction, operation and maintenance of dams and dam safety management.  Specific Experience and skills required  Regional Experience on hydropower development, preferably in Lao PDR; To teach on a part time basis  Proven Project Management capability, including planning and at NUOL Master of delivering complex projects with multiple stakeholders within tight Hydraulic Engineer Program. timeframes  Good understanding of the Lao PDR economic, political, institutional and cultural context  Excellent verbal and written communication skills; native-level fluency in English required o Excellent interpersonal skills—demonstrated ability to network and win the confidence/trust of all levels of Government Officials, universities and partner organizations, etc. o Teaching experience in post-graduate programs is welcome. Environmentalist Qualifications: Environmental Engineer with a minimum of 10 years Based at DEPP part time for experience with Environmental Impact Assessment of hydropower dams. a period of 18 months. Specialist  MSc in Environmental Engineering from a recognized university or To work closely with DESIA educational institution and provide direct support to o Proven Project Management capability, including planning and DEB and Team Leader delivering complex projects with multiple stakeholders within tight timeframes o Good understanding of the Lao PDR economic, political, institutional and cultural context o Excellent verbal and written communication skills; native-level fluency in English required o Excellent interpersonal skills—demonstrated ability to network and win the confidence/trust of all levels of Government Officials and partner organizations, etc. Social Impact Qualifications: Master in Social Impact Analysis with a minimum of 10 Based at DESIA full time for years’ experience with Social Impact Assessment of hydropower dams. a period of 18 months  MSc in Social Engineering from a recognized university or educational Provide direct support to the Specialist institution Team Leader o Proven Project Management capability, including planning and delivering complex projects with multiple stakeholders within tight timeframes o Good understanding of the Lao PDR economic, political, institutional and cultural context o Excellent verbal and written communication skills; native-level fluency in English required o Excellent interpersonal skills—demonstrated ability to network and win the confidence/trust of all levels of Government Officials and partner organizations, etc. Capacity Building  A minimum of 10 years of experience in training of governmental Total time input of 6 months. personnel in core skills related to development of hydropower projects, Training Coordinator or related field To rotate between IPD, DEPP, DEM, DEB and 38 | P a g e Aide Memoire – March 2015  Preferably Master’s level educational qualifications in a related field DESIA during a 18 months from a recognized university or educational institution period Institutional Expert  Qualifications: Degree in Politics, Business studies or related subject. Based at DEB part time for a  Professional Experience: Minimum of 10 years working experience total period of 3 months. after basic degree in Government administration. To rotate between IPD,  Specific experience and skills required: DEPP, DEM, DEB and o Regional experience, preferably in Lao PDR; DESIA during a 12 months o Excellent verbal and written communication skills; native-level fluency period in English required. 4- Period of Services The services will be provided over a period of 18 months, with some earlier components starting sooner than others. The interested bidders shall include within their submission an outline draft programme, work plan, staffing and budget for the services showing a breakdown of costs to have consultants seconded as described in 3 above and the periods of input in Lao PDR and home office for other consultants, as well as final submission dates for each of the eight work areas as described in 2.1; 2.2; 2.3,2.4; 2.5; 2.6; 2.7, 2.8, 2.9 and 2.10; above. 5- Conflicts of Interest The Consultants are required to disclose any participation they may have with private sector hydropower developers with interests in Laos that may potentially constitute a conflict of interest with providing independent advisory services to GOL. 6- Support Provided by GoL and Consultant The GoL will provide (i) office space and basic office furniture, (ii) technical counterparts, and (iii) basic office assistance. The Implementation Consultant Support Team will be responsible of other services that may be needed including – (i) translation of reports in Lao language, (ii) local transport, (iii) international telecommunication, (iv) organization of the workshops, and (v) other means required for performing services 7- Confidentiality The Consultants shall keep confidential all information that the Implementation Consultant Support Team receives, directly or indirectly, from IPD, DEPP, DEM, DEB, DESIA and the PDEMs, or any other GOL entity or other provider of information under this assignment, as well as all copies or analyses that the Consultants make, or have been made by third parties, on the basis of such information (collectively, the Material). The Consultants shall use the Material exclusively for the purpose of providing the services described in these Terms of Reference. The confidentiality obligations shall not apply to information in the public domain. 39 | P a g e