Advisers are normally involved at every stage of the PPP project cycle, including the initial feasibility assessment, project preparations, project procurement, and project implementation. A non-exhaustive list of examples of the legal, financial, technical and environmental assistance typically provided by PPP advisers, in particular during the procurement phase, will include the following <1>

Legal adviser

□ Advise the public sector on the issue of the legal powers (or vires) necessary to enter into the project

□ Assist in the assessment of the legal feasibility of the project as a TEN-T (for example, where appropriate, relating to cross jurisdiction issues)

□ Advise on the appropriate procurement route

□ Advise on, or draft, the initial contract notice

□ Advise on, or draft, procurement documentation such as pre-qualification questionnaires, invitation to tender, evaluation criteria etc.

□ Assist in the assessment of the powers and legal feasibility of the project

□ Develop the contract and bid documentation for the project

□ Ensure that bids meet the legal and contractual requirements for submission

□ Evaluate and advise on all processes and legal and contractual solutions throughout the procurement phase, including contract negotiation

□ Provide support in the clarification and fine-tuning of legal aspects

Technical adviser

□ Draft the output requirements and specifications of the PPP project

□ Develop payment mechanisms in the PPP contract (with the financial advisers)

□ Evaluate and advise on all technical solutions during the procurement phase

□ Undertake technical due diligence on bidders' solutions

□ Carry out any site condition, planning, and design work

Financial adviser

□ Support the development of all financial aspects of the project

□ Advise on the applicability of specific sources of TEN-T funding, and how these can be optimised in the funding structure

□ Ensure that all financial aspects of the bidders' solutions meet the requirements for submitting a financial bid

□ Optimise and scrutinise the financial models submitted by bidders

□ Evaluate and advise on financial proposals throughout the procurement phase

□ Undertake financial due diligence on bids submitted

Environmental adviser

□ Examine the potential environmental impact of the project

□ Assist in environmental due diligence, including required permits an certifications

□ Identify potential environmental risks and how submitted bids address them

□ Consider the mitigation of such risks and the impact on the scope and design of the project