Legal Support to the Development of a Framework Agreement for Detailed Design and Construction Supervision Services

ADB and the World Bank work closely with their developing member countries (DMCs) to deliver
successful infrastructure projects in the Pacific region.  In addition to contracting suitably qualified
and experienced construction firms to deliver infrastructure projects, DMCs understand that a crucial
component to the delivery of expected outcomes is effective contract management.  On some projects, DMCs
require the services of suitably qualified and experienced detailed engineering design (DED) and
construction supervision consultant (CSC) firms to ensure effective contract administration and
management is undertaken.
2. The engagement period of DED and CSC firms is lengthy, taking on average 12 months for ADB and World
Bank-financed projects.  These transactions are also of a level of scale and complexity that government
procurement teams are unfamiliar with, increasing the risk of procurement failure.
3. Undertaking recruitment on a case-by-case basis per country, often for relatively small transaction
values, reduces market interest, negatively impacts the quality of the consultant teams proposed, and
can increase costs.
4. Engaging firms on a project-by-project basis across various Pacific countries also means that there
are limited levers to manage quality of service delivery and ensure accountability of the consulting
firms for poor performance.  A portfolio management approach to consulting services delivery in the
region is expected to increase market interest, enhance accountability and permit additional performance
management approaches to be applied.
5. The purpose of this assignment is to support ADB and World Bank in the development and roll-out of a
Framework Agreement (FA) for the provision of DED and CSC services to Pacific DMC executing and
implementing agencies (EA/IAs), so when the need arises to engage a firm, they will have the option to
access the roster of qualified and experienced consulting firms under the established FA to provide DED
and CSC services on their infrastructure projects. 
6. ADB will manage the overarching FA, while DMCs, through their appointed EA/IAs will be responsible
for management and reporting on individual FA Call-Offs.
7. ADB, in close collaboration with the World Bank, is responsible for the recruitment of subject matter
experts that will support the development and initial roll-out of the FA.  The specific recruitment is
for the engagement of a Legal Expert (the “Consultant”).