Objectives

The primary objective of this tender is to procure a Legal Transaction Advisor to provide comprehensive legal advisory services to the Independent Power Producers (IPP) Office. The advisor will support the assessment, negotiation, and implementation of the proposed conversion of two peaker power plants from diesel to gas, including potential extension of Power Purchase Agreements (PPAs). The goal is to ensure that the conversion process complies with all legislative, contractual, regulatory, and policy requirements, while safeguarding value for money and facilitating stakeholder engagement.

Scope

The scope of work encompasses:

• Legal due diligence on proposals related to the plant conversion and PPA extension, including risk and legal permissibility assessments.
• Advising on regulatory, licensing, permitting, and approval requirements for the proposed conversion.
• Supporting value-for-money and economic development obligations review and negotiations.
• Drafting, reviewing, and amending project agreements and related documents to facilitate the conversion and extension.
• Engaging with stakeholders such as the Department of Electricity and Energy, NTCSA, Eskom, NERSA, National Treasury, and the Sellers.
• Participating in negotiations, stakeholder engagements, and preparing submissions and memoranda.
• Providing recommendations, supporting implementation, and closing out the project, including legal support for litigation or judicial review if necessary.

Technical Requirements

The technical requirements include:

• Deep legal expertise in energy sector regulations, especially gas and power generation projects.
• Experience in drafting, reviewing, and negotiating large energy project agreements such as PPAs, IAs, Fuel Supply Agreements, and ancillary contracts.
• Knowledge of legislative frameworks governing electricity and gas markets, licensing, permits, and environmental approvals.
• Ability to conduct comprehensive legal due diligence and risk assessments on proposals and project documentation.
• Capacity to develop legal strategies for regulatory compliance and stakeholder engagement.
• Proficiency in drafting amendments and regulatory instruments necessary for project implementation.

Skills Requirements

The successful bidder must demonstrate:

• Extensive legal experience in the energy sector, particularly with gas-to-power projects and infrastructure agreements.
• Proven track record in advising on power project conversions, PPA negotiations, and regulatory compliance.
• Strong analytical skills to assess legal, contractual, and regulatory risks and implications.
• Excellent stakeholder engagement and negotiation skills, with the ability to work collaboratively with government departments, regulators, and private sector entities.
• Capability to prepare clear legal documentation, submissions, and memoranda for governance and stakeholder approval processes.
• Experience in managing legal aspects of complex infrastructure projects, including drafting and amending project agreements.
• Ability to operate independently, providing objective legal advice, and managing multiple workstreams within tight timelines.