Objective and Purpose of the Assignment
 | A. Background 1. Since the 2019 Easter Sunday attacks, Sri Lanka’s economic vulnerability to external shocks, such as coronavirus disease (COVID-19) and Russia’s war in Ukraine, has highlighted longstanding economic management weaknesses. These factors led to a severe economic crisis that left foreign exchange reserves depleted and prompted the suspension of external debt servicing in April 2022. Facing macroeconomic and debt management challenges, the International Monetary Fund (IMF) approved a 48-month $3 billion Extended Fund Facility (EFF) in March 2023. The EFF aims to restore macroeconomic stability and debt sustainability, ensure financial stability, safeguard the vulnerable, and accelerate reforms to unlock Sri Lanka’s growth potential. It also recommends reforming state-owned enterprises (SOE) to improve governance, sustainability, and efficiency. 2. The Government of Sri Lanka requested financial assistance from ADB to support its effort to respond to economic policies and reforms underscored and supported by the IMF. The Water Supply and Sanitation Reform Program aims to implement a series of water supply and sanitation sector reforms by addressing vulnerabilities for improved sector performance and environmental sustainability. The program is a policy-based loan (PBL) with a programmatic approach comprising two subprograms of $100 million each. Subprogram 1 was approved in September 2024, while Subprogram 2 is targeted for approval in 2026. The policy support will contribute to resilient and sustainable water and sanitation services delivery in accordance with Strategy 2030 of the ADB. 3. Along with the approval of Subprogram 1, an attached TA was also approved to provide capacity and advisory support to the Ministry of Urban Development, Construction and Housing (MUDCH) and the National Water Supply and Drainage Board (NWSDB) for the formulation, deployment, implementation, and monitoring of the subprogram 2 reform initiatives. It will complement the program through two outputs: (i) capacity of MUDCH to manage, develop, implement, monitor, and evaluate reform actions strengthened; and (ii) capacity of NWSDB to manage, develop, implement, monitor, and evaluate reform actions strengthened. Backed by the TA team, MUDCH will (i) monitor compliance with the Water Safety Policy by service providers and approve a mandate for an independent body to ensure it, (ii) amend regulations for sustainable wastewater treatment cycle and pollution controls, (iii) develop a climate change roadmap for water supply and sanitation, (iv) prepare a drinking water conservation and demand strategy plan, (v) revise the National Sanitation Policy with guidance on sanitation safety plans, (vi) approve a climate-resilient project appraisal framework for sanitation, and (vii) approve a GESI-sensitive National Water Tariff Policy. The TA team will also support NWSDB in (i) approving a carbon footprint reduction roadmap, (ii) developing guidance to apply for climate funds, (iii) piloting an NRW reduction PPP procurement process, and (iv) preparing a concept note for submission to a climate fund. 4. The TA financing amount is $800,000, of which (i) $500,000 will be financed on a grant basis by ADB’s Technical Assistance Special Fund (TASF-other sources), and (ii) $300,000 will be financed on a grant basis by the Water Innovation Trust Fund (footnote 1) under the Water Financing Partnership Facility and administered by ADB. The government will provide counterpart support in the form of counterpart staff, office space, and other in-kind contributions. The TA will be implemented over 24 months from September 2024 to September 2026, which also allows for achieving the program outcome indicators of conducting the procurement process of a Nonrevenue Water Reduction Performance-based Contract (PBC, or PPP) and submitting a concept note to a climate fund. ADB will undertake periodic review missions to confirm the progress of TA activities. The current consultancy will be financed by ADB’s Technical Assistance Special Fund (TASF-other sources). B. Objective and Purpose of the Assignment 5. The consultant will support the MUDCH in conducting monitoring actions relevant to policy action 2.2 (i), and 2.2 (ii.b) agreed upon between the government and ADB as stated in the draft policy design and monitoring framework (Attachment). The consultant will assist the government and ADB in ensuring alignment and compliance of the documents produced with the intention expressed in the draft policy actions. (i) Policy Action 2.2 (i) 6. The Water Safety Plan (WSP) policy approved in Subprogram 1 of the PBL is a comprehensive approach to assessing and managing risks associated with the entire drinking-water supply chain, from the source to the end consumer. It covers information about the water source, treatment processes, storage methods, and the various uses and users of water. The main objectives of the WSP are to prevent contamination at any point in the supply chain, including the source, storage, and distribution systems, and to ensure that the water is treated to meet specific quality standards. By implementing a WSP, the team responsible can identify potential hazards and assess their potential impact on water safety. (ii) Policy Action 2.2 (ii.b) 7. Approving a mandate for an independent body to oversee compliance with the Water Safety Policy established in Subprogram 1 offers significant advantages in fostering transparency, accountability, and public confidence. Such a body would operate autonomously, ensuring impartial enforcement of safety standards and protocols, free from potential conflicts of interest. This independence enhances credibility and trust among stakeholders, particularly customers, who are reassured that water safety is being managed and monitored with integrity. Additionally, the body would provide regular, transparent reporting, holding service providers accountable and promoting consistent adherence to established guidelines. By maintaining high safety standards and building trust, the independent body contributes to the long-term sustainability and resilience of water supply systems. |
Scope of Work
| 8. The consultant will act as a team leader and be responsible for preparing all documents related to the policy action, ensuring they align with the corresponding deliverables outlined in Table 3.1 Additionally, the consultant will review the current legal and technical frameworks, as well as institutional arrangements, to identify any gaps. This review will ensure alignment with government strategies and help avoid potential overlaps. 9. The consultant will work closely with MUDCH to monitor the implementation of the WSP by preparing quarterly reports on compliance by service providers and providing recommendations for improvement. These efforts aim to ensure the continuity of the approved policy under Subprogram 1 and to identify any gaps that may require government attention from a legal or technical perspective. While the consultant may assist the government in developing action plans related to these gaps, it will not be responsible for implementing them. 10. The consultant, in collaboration with a Legal Expert (National, individual consultant to be recruited), will be responsible for drafting the mandate for the independent body tasked with ensuring compliance with the Water Safety Policy. This includes defining its roles, responsibilities, governance structure, and operational framework to align with regulatory and policy requirements. The consultant will also provide technical and strategic support to facilitate stakeholder consultations, address potential concerns, and prepare the necessary documentation to secure formal approval of the mandate. By ensuring a robust and well-defined framework, the consultant will help establish a strong foundation for the independent body’s effective functioning. 11. For the monitoring activity, the consultant will (i) collect relevant information and documents, (ii) draft the monitoring reports and recommendations, and (iii) validate the contents of the documents with relevant key stakeholders. For the independent body mandate activity, the consultant will (i) conduct initial stakeholder consultations and needs assessment, (ii) draft the mandate framework, (iii) collaborate with the Legal Expert to ensure a legal review and validation, (iv) ensure stakeholder engagement and integration of feedback, (v) support the approval process, and (vi) prepare an implementation roadmap and transition planning. |
Detailed Tasks and/or Expected Output
| D. Detailed Tasks and/or Expected Outputs 12. Not limited, the consultant will: a. Follow phased approach principles. b. Equally, consider urban/peri-urban/rural/estate/informal areas. c. Consider the roles and responsibilities of stakeholders. d. Promote an integrated water resources management approach, with due consideration of the National Water Resources Policy. e. While drafting the documents, the consultant should (a) consider existing regulations/standards and surveillance considerations (including water quality auditing and monitoring), and (b) propose innovative processes and procedures. f. While providing the recommendations, the consultant should consider aspects related to (not limited) stakeholder consultation, protection of the poor and vulnerable, strengthening of gender participation, climate resilience/benefits, economic impacts, financial sustainability, and overall water and sanitation sector performance including increasing the private sector’s participation, government’s ability and political will, with due considerations to the country’s economic situation and its potential growth. 13. The detailed tasks and expected outputs are given in Table 1. Table 1: Detailed Tasks and Expected Outputs Detailed tasks Expected Outputs For 2.2 (i) Continue implementation of the WSP Monitor WSP Implementation: Regularly track the progress of the Water Safety Plan (WSP) as implemented by service providers. Monitor compliance with the approved WSP guidelines as per Subprogram 1. Quarterly Compliance Reports: Clear, actionable reports on service providers’ WSP compliance status with a focus on gaps and areas of concern. Prepare Quarterly Compliance Reports: Prepare and submit quarterly reports on service providers’ adherence to the WSP. Highlight areas of non-compliance, if any, and propose recommendations for corrective actions. Provide Recommendations for Improvement: Identify areas for improvement in the WSP and suggest specific measures for enhancing compliance. Work closely with the MUDCH to address identified gaps. Recommendations for Policy and Implementation Improvements: Well-documented suggestions for addressing WSP implementation challenges and strengthening future compliance. Assess Legal and Technical Gaps: Identify legal or technical gaps in the current implementation of the WSP that may require government attention. Work collaboratively with relevant stakeholders to analyze the impact of these gaps on policy continuity. Identification of Legal and Technical Gaps: A comprehensive analysis of gaps that may impede the WSP’s success, requiring government intervention or policy adjustment. Support Action Plan Development: Assist MUDCH in developing action plans to address identified legal and technical gaps. Ensure these action plans are aligned with the approved policy in Subprogram 1. Draft Action Plans (for government consideration): Support documents and recommendations for action plans that MUDCH can use to fill legal or technical gaps. For 2.2 (ii.b) mandate for an independent body responsible for ensuring compliance with the Water Safety Policy Initial Stakeholder Consultation and Needs Assessment: Conduct stakeholder meetings to understand expectations and gather input. Review existing regulatory frameworks and identify gaps. Analyze international best practices for independent regulatory bodies. Assess the feasibility of any existing body/agency to undertake the role. Needs Assessment Report: Comprehensive documentation of stakeholder inputs, regulatory gaps, and best practices. Drafting the Mandate Framework: Define the independent body’s objectives, roles, and governance structure. Draft the mandate, specifying operational procedures, enforcement mechanisms, and resource requirements. Draft Mandate Document: Detailed draft of the independent body’s mandate, including governance, roles, and operational framework. Legal Review and Validation: Collaborate with the Legal Expert to align the mandate with applicable laws. Incorporate legal provisions for authority, independence, and accountability. Legal Compliance Review: Validated mandate document with legal provisions ensuring enforceability and alignment with regulations. Stakeholder Engagement and Feedback Integration: Facilitate workshops and consultations to present the draft mandate. Revise the draft based on stakeholder feedback, addressing concerns and ensuring broad alignment. Stakeholder Engagement Report: Summary of feedback and consultations, including key concerns addressed and final revisions made to the mandate. Implementation Roadmap and Transition Planning: Develop an action plan to operationalize the independent body. Design capacity-building initiatives for the body’s staff and awareness campaigns for stakeholders. Implementation Plan: Phased roadmap for establishing and operationalizing the independent body, along with a training and capacity-building strategy. Approval Process Support: Prepare supporting documentation, including justifications, impact analysis, and financial considerations. Assist in presenting the mandate to decision-making bodies and address queries during the approval process. Approval Package: Complete set of documents for decision-making authorities, including impact analysis, cost implications, and implementation strategies. MUDCH: Ministry of Urban Development, Construction and Housing, WSP = water safety plan. E. Expected deliverables and timelines 14. The consultant is expected to review the current implementation status of the WSP policy, identify and document any gaps or bottlenecks, and recommend appropriate mechanisms and strategies to address these issues. Additionally, the consultant should provide a clear plan for moving forward, outlining steps to resolve the identified challenges. 15. Table 2 represents the linkages between the policy action and expected activities, including timelines and working days. Table 2: Linkages between the Policy Actions and Deliverables Policy action and/or outcome Timeline Activities Working days 2.2 Aligned with NWRP strategies to increase climate resilience and environmental sustainability, MWS will: (i) continue implementation of the WSP (ii) concurrently with MOH, MOE, and CEA, approve with immediate effect and implement: (b) a mandate for an independent body responsible for ensuring compliance with the Water Safety Policy 2.2 (i) Up to July 2026 2.2 (ii.b) Up to December 2025 2.2 (i) Monitor implementation of the WSP by preparing quarterly monitoring reports on compliance by service providers and provide recommendations for improvement. 2.2 (ii.b) Jointly with a Legal Expert, support the approval of a mandate for an independent body responsible for ensuring compliance with the Water Safety Policy. [2.2 (i)] 16 (4 quarters with 4 days each) [2.2 (ii.b)] 50 16. Table 3 represents the reporting requirements. Table 3: Reporting Requirements No. Report Timeline Description For 2.2 (i) Monitoring implementation of the WSP Quarterly Monitoring Reports (total expected: 4) 30 days after the completion of the quarter Clear, actionable reports on service providers’ WSP compliance status with a focus on gaps and areas of concern. Final Monitoring Report Within 365 days after mobilization Overall findings and recommendations for improved implementation of the Water Safety Policy For 2.2 (ii.b) Mandate for an independent body responsible for ensuring compliance with the Water Safety Policy Inception Report Within 15 days after mobilization Detailed work plan, methodology, and timeline for completing the mandate drafting process. Needs Assessment and Stakeholder Consultation Report Within 45 days after mobilization Findings from stakeholder consultations, regulatory gap analysis, and international best practices. Draft Mandate Document Within 80 days after mobilization Initial draft of the independent body’s mandate, including objectives, governance structure, and enforcement mechanisms. Legal Compliance and Revised Mandate Report Within 120 days after mobilization Legal review findings, stakeholder feedback, and the revised mandate document. Final Mandate and Implementation Roadmap Within 150 days after mobilization Documentation for decision-making authorities, including justifications, financial implications, and strategies for approval, including phased implementation plan, capacity-building strategy, and awareness campaign design. F. Implementation Arrangements 17. The assignment would be supported and implemented through the procurement of consulting services that will be financed on a grant basis by ADB. ADB’s Water and Urban Development Sector Office (South Asia) will select, supervise, evaluate the consultants, and monitor the quality of their work. MUDCH will be the implementing agency. For day-to-day administration, MUDCH will nominate a focal staff to interact with the consultant and ensure stakeholders’ participation to ensure that the outputs and deliverables are produced in a timely, effective, and quality manner. 18. The assignment shall be completed within 380 days from the date of issuance of the Notice to Proceed (NTP). It is expected that the assignment will commence in July 2025 and be completed by July 2026. The tasks related to policy action 2.2 (ii.b) shall be completed within 150 days after mobilization. The tasks can be performed remotely, and the consultant may use remote video technology meetings to replace face-to-face meetings as considered necessary. In general, however, the consultant is expected to maintain regular face-to-face communication with MUDCH during the contract period. The consultant will be required to be physically in Colombo during critical consultation stages and training. |
Minimum Qualification Requirements
| G. Minimum Qualification Requirements, Experience, and Responsibilities 19. Qualifications: Master’s Degree in Engineering background and recognized professional qualification or equivalent. 20. Experience: (i) at least 10 years of Professional experience in the water and sanitation sectors in developing countries and at least 8–10 years of experience in water sector governance, including water safety, supply, or sanitation policies and regulatory frameworks, (ii) demonstrated experience in facilitating multi-stakeholder consultations and building consensus among diverse groups, including policymakers, service providers, and communities, (iii) familiarity with setting up transparent and robust monitoring frameworks to ensure compliance with policies or standards, (iv) exceptional skills in preparing clear, concise, and actionable reports and presentations for senior decision-makers, and (v) familiarity with water and sanitation sector issues in Sri Lanka would be an advantage. Proficiency in English and strong writing skills are essential. A good understanding of engineering design practices is also required 21. Responsibilities: The expert will deliver all expected documents of policy action 2.2 under its responsibility. H. Other Relevant Information (i) General Requirements 22. The consultant will work alongside MUDCH and other relevant stakeholder staff, to have frequent interactions that would facilitate undertaking the proposed consulting services and successful completion of deliverables. In addition, for effective and efficient execution of the assignment, and as required by MUDCH, consultants should closely interact with the designated ADB staff. 23. It is expected that the consultant will have as many as possible the following credentials: (i) demonstrated ability to work closely and effectively together with counterpart staff of implementing agency, and public sector organizations in South Asia; and (ii) have extensive in-country experience. 24. The consultant, in consultation with MUDCH shall coordinate and collect data from different stakeholders when needed, to meet necessary data inputs for undertaking the tasks under the scope of services and expected activities/deliverables. 25. All documentation prepared will be in the English language. (ii) Government inputs 26. MUDCH will provide suitable and adequate dedicated counterpart staff to work with the consultant. If required, MUDCH will provide appropriate unfurnished office space in MUDCH premises in Colombo for the consultant to carry out all its activities/ tasks. MWS&EID will also make available all relevant and available policies, strategies, study reports, technical reports, etc. MUDCH will also be responsible for promoting stakeholder consultation events and/or workshops. |
| Minimum General Experience10YearsMinimum Specific Experience (relevant to assignment)7Years |
