Clarification on Scope of Work of Technical Advisor for PPP

Government of West Bengal
Finance Department
Audit Branch

No. 8954-F(Y) Dated: 20.12.2013


Finance Department issued a Panel of Transaction Advisors (TA) vide notification no., FS-116(PPP Cell)/2012 dt. 10.9.12. In the meantime, Government departments, vide FD memo no. 8384-F(Y) and 8385-F(Y) dt. 22.11.13, have been exempted from the necessity of obtaining FD’s approval to the Terms of Reference (TOR) of the TA’s for PPP and other projects. Now, a question has been raised by various Government departments with regard to examination of PPP documents from legal point of view.

2. It is clarified that the job of the TA’s of the FD panel includes providing legal advisory service for PPP projects as per para 5 of the notification no. FS-116(PPP Cell)/2012 dt. 10.9.12. Therefore, the TOR of the Transaction Advisors should include vetting of the PPP document/ DPR from legal point of view. All the Government Departments who undertake PPP and other such projects availing TA services for the purpose shall ensure that the PPP documents, such as, RFP, RFQ, Concession Agreements etc., prepared by the TA’s are vetted by their legal experts before its finalisation.

Sd/- H.K. Dwivedi
Principal Secretary to the
Government of West Bengal

No. 8954-F dated 20.12.2013, Source

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