2.2.17 Legal experts play an important role in preparing the PPP contract. The legal experts should be able to identify the implications of contract terms, especially potential "deal breakers", such as payment mechanisms, termination clauses and step-in rights. Specifically, Legal experts in the PPP project teams (for the public and private sectors) should be able to:
a) Structure and draft the tender documents, PPP contract and land lease agreements;
b) Advise on the best procurement or bidding; and
c) Provide general legal advice on taxation, property, planning, environmental law, banking, competition law and intellectual property.
2.2.18 If legal expertise is not available in-house, public agencies and potential PPP bidders can consider engaging external legal advisors. However, ministries, organs of state and government departments must consult AGC for advice before seeking external legal advisors. Statutory Boards, on the other hand, can engage private sector legal advisors without consulting AGC.