Local recruitment: Water Regulatory Specialist (Philippines nationals)

Expertise: Water Regulatory Specialist
Expertise Group: Legal/ Policy Advice

Consultant Source: National
TOR Keywords: Water Regulatory Specialist

Objective and Purpose of the Assignment

The Philippine Government continues to accelerate its infrastructure development efforts, with Public-
Private Partnerships (PPP) serving as a key financing and implementation mechanism. As the lead agency
in driving the country’s PPP program, the PPP Center of the Philippines is tasked with monitoring and
facilitating an expanding number of PPP projects.

The PPP Center plays a crucial role in ensuring that these projects are implemented efficiently, deliver
the expected service outcomes, and comply with regulatory, technical, and financial standards.

In response to the growing complexity and volume of PPP initiatives, particularly in the water sector,
the PPP Center’s Project Monitoring Service (PMS) and other relevant Services seek to strengthen its
technical capacity. To this end, the PPP Center is looking to engage one (1) Water Regulatory Specialist
on an individual consultancy basis to provide specialized technical support, enhance project monitoring
functions, and align project implementation with international best practices.

Scope of Work

The Water Regulatory Specialist will provide day-to-day assistance to the PPP Center’s PMS and other
relevant Services, generally in projects related to water sector PPP projects.
The Water Regulatory Specialist’s engagement is:

1. To provide technical expertise in the review, assessment, and monitoring of awarded PPP projects in
   the water sector.
2. To enhance the capacity of the PPP Center’s PMS in dealing with water sector projects.
3. To support risk identification and risk mitigation, performance evaluation, and compliance monitoring
   for ongoing and pipeline water PPP projects.
4. To recommend improvements in water PPP project design, contract management/enforcement, and
   performance standards in accordance with local and international best practices.
5. To provide advisory support to regulatory bodies on the development of tariff structures, adjustment
   formulas, and mechanisms in the water sector.
6. To provide inputs to water-related draft policy issuances.
7. To provide inputs on regulatory matters needing expert guidance during the development, approval and
   procurement stages of water PPP projects beingassisted by the PPP Center.

The Water Regulatory Specialist shall be responsible for:

1. Conducting technical reviews and detailed engineering designs related to: a. Water supply system; b.
   Water treatment plants; c. Water sewerage and sanitation; and d. Bulk water supply and distribution.
2. Assisting the PMS in evaluating and/or formulating Key Performance Indicators (KPIs) and Service
   Legal Agreements in ongoing PPP water projects, as deemed applicable.
3. Recommending risk mitigation strategies/plans to water quality, service liability, climate
   resilience, tariff setting, and performance bond.
4. Providing in-house consultation and guidance on monitoring and regulatory frameworks and
   environmental compliance related to water projects to PPP Center staff, particularly the project
   officers of PMS.
5. Supporting monitoring activities and advising on technical variations, change orders, and operational
   issues.
6. Conducting knowledge sharing/transfer sessions for PMS staff on water utility operations and
   infrastructure performance metrics.
7. Providing advisory support to regulatory bodies on the development of tariff structures, adjustment
   formulas, and mechanisms pursuant to Title IX of the PPP Code IRR.
8. Providing inputs to water-related policy issuances.
9. Providing inputs on regulatory matters needing expert guidance during the development, approval and
   procurement stages of water PPP projects being assisted by the PPP Center.
10. Provide technical assistance to PMS in assisting Implementing Agencies with water projects in the
    conduct of detailed review/negotiations for contract reopener.
11. Developing and proposing standard contractual provisions for water PPPs, ensuring alignment with
    regulatory frameworks and best practices.
12. Perform any other tasks to be assigned by the PPP Center from time to time.

Detailed Tasks and/or Expected Output

1. Inception Report. [Expected Delivery Date: Within thirty (30) working days after the Contract Award
   date]
   Inception report outlining workplan, methodology, and Timelines required in performing the scope of work
2. Regular reports. [Expected Delivery Date: As required]
   Regular reports on the: (a) technical reviews and detailed engineering designs, (b) evaluation of Key
   Performance Indicators (KPIs) and Service Legal Agreements in ongoing PPP water projects, (c)
   recommendations on risk mitigation strategies/plans to water quality, service liability, climate
   resilience, tariff setting, and performance bond, (d) recommend improvements in water PPP project
   design, contract management/enforcement, and performance standards in accordance with local and
   international best practices, (e) consultation and guidance on monitoring and
   regulatory frameworks and environmental compliance related to water projects, (f) support to monitoring
   activities and advising on technical variations, change orders, and operational issues, (g) provision of
   advisory support to regulatory bodies on the development of tariff structures, adjustment formulas, and
   mechanisms pursuant to Title IX of the PPP Code IRR, (h) provision of inputs to water-related policy
   issuances, (i) provision of inputs on regulatory matters needing expert guidance during the development,
   approval and procurement stages of water PPP projects being assisted by the PPP Center, (j) provision of
   technical assistance to PMS in assisting Implementing Agencies with water projects in the conduct of
   detailed review/negotiations for contract reopener, and (k) other tasks to be assigned by the PPP Center.
3. Monthly Reports. [Expected Delivery Date: Within five (5) working days after the end of each month]
   Provide monthly reports summarizing activities, findings and recommendations, to be attached to his/her
   timesheet.
4. Inputs to Project Monitoring reports and Presentations. [Expected Delivery Date: As required]
5. Participation in technical meetings, project reviews, and stakeholder consultations. [Expected
   Delivery Date: As required]
6. Standard Contractual Provisions for Water PPPs. [Expected Delivery Date: Within sixty (60) working
   days after the Contract Award date]
7. Conduct of knowledge sharing/transfer sessions for PMS staff on water utility operations and
   infrastructure performance metrics. [Expected Delivery Date: As required]
8. Conduct of knowledge sharing/transfer sessions of completed deliverables as provided in this Terms of
   Reference, as required. [Expected Delivery Date: Within five (5) working days after completion of
   deliverable]

Reporting and Administrative Requirements:
The consultant will report to the Executive Director and/or Deputy Executive Director/s of the PPP
Center (or another person specifically designated by the same) and ADB’s Project Officer. The consultant
will also submit a monthly report of his/her activities to the PPP Center to be attached to his/her
timesheet. The consultant shall execute a nondisclosure agreement with the PPP Center on all
materials/information discussed/obtained during the course of the engagement and shall adhere to the
Data Privacy Act and the PPP Center’s Data Privacy Policy. The PPP Center and ADB reserve the right to
review the consultant’s performance from time to time and pre-terminate the consultant’s contract in the
event he/she fails to achieve at least a “satisfactory” rating at any time during the duration of the
contract.

Minimum Qualification Requirements

The candidate for this role must have at least a university degree in engineering or any related field.
A Master’s degree or higher degree in a related discipline is preferred. They must possess a minimum of
six (6) years of experience in water infrastructure frameworks and the regulatory environment, including
water infrastructure planning, design, and operations. Relevant experience within the project
country/region and on PPP project implementation are preferred. They must possess an in-depth knowledge
of Philippine water sector policies, institutional frameworks, and the regulatory landscape. Familiarity
with PPP modalities, project finance, and performance-based contracting in the water sector is essential.

Minimum General Experience: 6 Years
Minimum Specific Experience (relevant to assignment): 6 Years