UNDP Jobs - 54838- Re-advertisement - National Consultant for Energy

Re-advertisement - National Consultant for Energy Efficiency Legal Advisory Services

Location :

Kuala Lumpur, MALAYSIA

Type of Contract :

Individual Contract

Starting Date :

Application Deadline :

29-May-15 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

12 months

Languages Required :

English

Expected Duration of Assignment :

4 man-month

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

Candidates who previously applied need not re-apply.

The Building Sector Energy Efficiency Project (BSEEP) has for its goal the reduction in the annual growth rate of GHG emissions from the Malaysia buildings sector. The project objective is the improvement of the energy utilization efficiency in Malaysian buildings, particularly those in the commercial and government sectors, by promoting the energy conserving design of new buildings and by improving the energy utilization efficiency in the operation of existing buildings. The realization of this objective will be facilitated through the removal of barriers to the uptake of building energy efficiency technologies, systems, and practices.

This consultancy will facilitate the uptake of Energy Performance Contracts (EPC) for a few selected ESCO EPC demonstration projects.

Visit www.jkr.gov.my/bseep for further information about BSEEP.

Duties and Responsibilities

Scope of Work

Phase 1: Validation of Energy Efficiency project document templates prepared by BSEEP Team

The legal advisor shall assist BSEEP in the preparation of the project documents to be used for the first Energy Efficiency ("EE") Projects financed under an ESCO Energy Performance Contracting Scheme (the “Initial Project Documents”) which is intended by BSEEP to be used as a base and reference for the documentation for subsequent EE Projects (the “Subsequent Project Documents”). The Initial Project Documents are expected to include: a) template energy performance contract with the energy services companies (the “ESCOs”) in respect of the installation and maintenance of the EE Projects and performance guarantees, and b) template agreement with end-user building owners in respect of the retrofitting of energy efficient equipment and technology in the relevant building(s) addressing terms of payment and security, (collectively, the “Agreements”);
The legal advisor shall review and finalise the Agreements.

It will be necessary to discuss the structure of the Agreements. Models to be considered would focus on minimising impact on the credit availability of the building owner and would have regard to the security position of the SPV in the event of default of a building owner. Models to be considered include (i) ownership of EE Project assets remaining with the SPV during the life of the EE Project and being transferred to the building owner at the end of the Project and (ii) ownership of the assets passing to the building owner on installation of the EE Project, with security being granted to the SPV over the EE Project assets. The legal advisor shall also consider in each case the possibility of obtaining security over the anticipated cash flow savings to be generated by the EE Project.

Phase 2: Advice for establishing & managing the Malaysia Energy Efficiency Fund (MEEF)

The legal advisor shall advise on the appropriate corporate vehicle for the establishment of MEEF including a comparison of a conventional LP/GP fund structure and an holding / investment company, among others;
The legal advisor shall advise on the procedures and regulatory requirements in respect of setting up MEEF and Fund Manager in compliance with MoF requirements, among others. The legal advisor shall also estimate transaction costs of setting up MEEF in the Recommended Structure;
The legal advisor shall advise and prepare all documentation necessary for the setting up of MEEF and Fund Manager which may include but shall not be limited to incorporation documents, shareholders’ or partnership agreements, offering memorandum and fund manager agreement;
MEEF is intended to raise approximately USD 100 million to invest in EE projects in Malaysia. Capital calls will be made over the first three years of MEEF and applied towards EE Projects which will be completed over a 7-10 year period. Investments in each EE Project will be made through a special purpose vehicle established in Malaysia (“SPV”) and owned by MEEF.

The legal advisor shall recommend the appropriate structure for MEEF (the “Recommended Structure”), taking into consideration the advantages and disadvantages of various plausible structures based on amongst others, the Client’s objectives and/or concerns as follows:

lease of energy saving equipment (the “Equipment”) should not be reflected in the end-users’ balance sheet;
MEEF would like to retain a security interest in the Equipment and not have the Equipment subjected to the existing encumbrances over the building and/or land on which the Equipment is to be located. In this regard, the legal advisor shall also include in his advice, the various options for MEEF in relation to the form of security interest, assessment of the options and opinion as to the most suitable form of security interest;
the availability of legal recourse against end-users for the monthly payments and for protection of MEEF’s interests in the Equipment;
low transaction costs;
end-users should find it easy to understand the nature and the mechanism of the proposed lease of the Equipment from MEEF;
MEEF’s exposure to legal risks;
the possibility of the refinancing and/or transfer of legal ownership of the Equipment to banks or financial institutions;
taxation issues for MEEF; and
to protect and preserve the capital which MEEF invests for each of its EE projects and ensure that liability that arises in respect of any one project is ring-fenced from MEEF’s other projects. In this regard, the legal advisor shall also advise on whether having a special purpose vehicle to ring-fence a project from MEEF’s other projects is appropriate in view of the overall structure of MEEF.

Methodology

The consultant will report to the National Project Manager and will work closely with the BSEEP project team based at the Environment and Energy division of the Public Works Department, Kuala Lumpur. The consultant is expected to participate in the meeting with the building owners/developers. Meetings with any government agencies will be guided by the BSEEP team as and when necessary. It is important for the consultant to submit drafts of the report prior to finalization. It is also important for the consultant to be aware of the financing products and schemes being developed by BSEEP.

Expected Outputs
The consultant is expected to produce:

A template for an energy performance contract with the energy services companies (ESCOs) in respect of the installation and maintenance of the EE Projects and performance guarantees;
A template agreement with end-user building owners in respect of the retrofitting of energy efficient equipment and technology in the relevant building(s) addressing terms of payment and security, (collectively, the “Agreements”);
A report with legal advice for establishing & managing the Malaysia Energy Efficiency Fund which addresses all requirements in the scope of works above.

Deliverables and Timeline

The consultant will be responsible for the delivery, content, technical quality and accuracy of the reports, model(s) and training materials. All deliverables shall be submitted to UNDP Malaysia and BSEEP Project Management Unit at Environment and Energy division of the Public Works Department

Documents to be included when submitting the proposal
Interested individuals must submit the following documents/information to demonstrate their qualifications:

Proposal on how your qualifications and experience can lead towards the successful deliverable of this assignment within the required timeframe, and provide a brief methodology on how you will approach and conduct the assignment;
Financial Proposal as provided. Alternatives are allowed; For Financial proposal template, it is available at http://www.my.undp.org/content/dam/malaysia/docs/Procurement/MyIC_2015_011%20Annex%20I-II.docx;
Personal CV including areas of expertise and past experience in similar projects and at least three (3) references in the format of UN Personal History Form (P11 form). The UN Personal History Form (P11) is available; at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/P11%20for%20SC%20&%20IC.doc.

Note

Please scan, save and upload all documents (proposals and P11 Form) into one PDF file. (The system does not allow more than 1 attachment).
For clarification question, please email to procurement.my@undp.org and put the reference number MyIC_2015_011 as the Subject Title.

Competencies

Corporate Competencies:

Demonstrates integrity by modeling the UN’s values and ethical standards;
Promotes the vision, mission, and strategic goals of UNDP, and partner organizations;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability.

Functional Competencies:

Excellent knowledge of energy efficiency;
Excellent three dimensional building modelling skills;
Excellent lighting simulation skills;
Demonstrates strong analytical skills;
Consistently approaches work with energy and a positive, constructive attitude.

Development and Operational Effectiveness:

Ability to analyze technical requirements in energy efficiency and energy management applications;
Strong analytical skills.

Management and Leadership:

Focuses on impact and result for the client and responds positively to feedback;
Supports teams effectively and shows conflict resolution skills;
Consistently approaches work with energy and a positive, constructive attitude;
Demonstrates strong oral and written communication skills;
Builds strong relationships with clients and external actors;
Remains calm, in control and good humored even under pressure;
Demonstrates openness to change and ability to manage complexities.

Required Skills and Experience

The consultant should have the following expertise and experience

Education Requirement:

Minimum Bachelors Degree in Law, LLB or equivalent.

Professional Experience:

Minimum 8 years experience in business law, commercial law and/or commercial real estate law in Malaysia;
A practising lawyer & registered with the Malaysian Bar;
Experienced in energy efficiency projects under shared savings and/or energy performance contracting schemes is a must;
Extensive network in Malaysia especially in the legal and financing community will be an advantage;
Experience with energy projects and structuring investment vehicles in Malaysia will be an advantage;
Knowledgeable in energy policies, regulation and energy management procedures in Malaysia will be a major advantage.

Language Requirement:

Proficient in English and Bahasa Malaysia.