G2G, PPP & Infrastructure projects


Rahman’s Chambers is one of the leading law firms in providing legal services for infrastructure projects for more than a decade, involving G2G; PPP (solicited or unsolicited) or non-PPP (solicited or unsolicited) projects at pre-procurement due diligence stage, procurement stage involving drafting and negotiation of contracts and also at later stages of the project, on different issues including obtaining various consents & permits, compliances etc. Chambers and Partners 2023 Asia Pacific Guide ranked Rahman’s Chambers for Construction ( Projects & Energy). Its editorial says “Rahman’s Chambers is well regarded for its legal expertise in handling EPC mandates in Bangladesh. The firm also advises on matters in the construction space, including employment concerns. The team often covers due diligence on the construction of projects and also handles disputes relating to projects. Some of its key clients are Lantabur, Unitex and Penta-Ocean Construction.”

Rahman’s Chambers has been consecutively ranked for Corporate & Finance.

Chambers & Partners, 2023 – 2021

“Additionally has a recognized practice in such areas as business formation, projects and energy, real estate and employment matters.

– Chambers & Partners, 2020

Mr. Mohammed Forrukh Rahman has been ranked (Band II) for Corporate & Finance.

“he is a knowledgeable and very co-operative person. I have discussed many issues with him and he gives me the right suggestions.”

– Chambers & Partners, 2019

“Their response times are excellent and they make you feel generally very well informed..”

– Chambers & Partners, 2018

“Rahman’s Chambers work highlights included advising Velcan Energy Mauritius on a solar power project…”

– Legal 500, 2018


Chambers advises CCCC as its retainer on several construction project i.e. Patenga Container Terminal of Chittagong Port, Karnaphuli Tunnel etc.


We have advised Power Cell on upgrading power sector contract templates e.g. PPA, IA etc along with Deloitte.


One of our lawyer is presently working in EU global technical assistance facilities for sustainable energy project, GT098 as implemented by Stantec, to identify, select and prepare the utility-scale, grid connected renewable (wind and solar) energy projects as funded by EU to Support the Govt of Bangladesh in increasing the share of renewable energy sources in the country to achieve the NDCs objectives arising under Paris Agreement as well as long-term energy supply security. Nationally determined contributions (NDCs) are at the heart of the Paris Agreement. NDCs represents the efforts by each country to reduce national emissions and adapt to the impacts of climate change. Each country share its national goals, policies and finance strategies to contribute to global climate efforts, regularly updated over five-year intervals.

Our Completed Works:

AIRPORT 

  • We have advised CCCC on legal issues involving Shahjalaj International Airport extension project and also on licensing and permits issues.

BRIDGE/TUNNEL 

  • We have recently advised our Client, OTJ – Joint Venture, one of the main contractor of the Bangabandhu Sheikh Mujib Railway Bridge Construction Project (the largest railway bridge in Bangladesh which is located on the Jamuna river), involving its rights arising under a bilateral treaty to get exemptions from different customs duties.
  • We have advised CCCC on legal issues involving Karnaphuli Tunnel project.

DAM/EMBANKMENT 

  • Legal consultancy and reviewing contact relating to a Dam projects for a Chinese company.

EXPRESSWAY

  • We have advised our client, Dhaka RAD Expressway Co. Ltd, involving PPP contract for construction of infrastructure project, i.e., Expressway, on several legal issues for example taxation and conducted due diligence on several aspects including license and permits.

ENERGY

  • Acted as a lead counsel for Unitex LP Gas Limited involving design, supply of equipment, project management, supervision, erection and commissioning of liquefied petroleum gas (LPG) terminal plant and bottling facilities at Chittagong. We advised clients from the very inception of the project starting with project due diligence, framework agreement, EPC and other related contract draftings.
  • Advised a Chinese contractor in selecting subcontract following procurement rules in Energy Sector.

POWER 

Coal/Gas/Dual 

  • Advised POWERCHINA Resources LTD. on implementation, legal due diligence, land acquisition, etc. for a 350 MW coal based power plant.
  • Legal due diligence and consultancy on a PPP based major 1320 (2 x 660) MW coal-fired power project at Rampal between National Thermal Power Corporation (NTPC) and Bangladesh Power Development Board (BPDB) with Fox Modol.
  • Takeover & due diligence of 450 MW gas-fired combined cycle power plant from AES Meghnaghat Ltd and a 360 MW combined cycle gas turbine power plant from AES Haripur Ltd to a Malaysian group of companies with Fox Mondol.
  • Advised a Malaysian bidder in the tender bidding process for 450 MW Power Project.

Solar 

  • We have assisted, in the year 2022-2023, European Delegation in Bangladesh under technical assistance programme and European Investment Bank (EIB) through Stantec by conducting pre-feasibility due diligence on legal and land matters in order to facilitate EIB to reach investment decisions in renewable energy projects in Bangladesh as follows:

    • 100MW Solar Project in Feni under BPDB
    • 50MW Solar Project in Gazaria, Munsiganj under RPCL
    • 50MW Solar Project in Matarbari, Cox’s Bazar under CPGCBL

    Primarily, we have assisted in determining legal issues, requirements and procedures relating to Land Acquisition, Resettlement through review of the existing laws, policies, criteria, site visits and stakeholders consultancy. We have drawn up an overall flowchart for implementation of a project and required licenses We also assisted in identifying and closing the legal gaps.

  • Legal due diligence to Velcan Energy Ltd a solar power company on a solar power project in Bangladesh. Our works were as follows: (a) conducted due diligence on various licenses and permits for solar power plant involving permits from different authority, site clearance, environmental clearance, foreign borrowing, company formation, import/export permit, exemptions, grid/water connection etc. (b) Conducted due diligence on chain of ownership, genuineness of land documents and different land records located in the district of Nilphamari for land measuring 146 acres. (c) Also conducted detailed physical survey and mapping and location identification of the land as per documents provided and provided pantographic map. (d) Provided consultancy on long term lease, submission of unsolicited proposal, etc.

Wind Power Plant

  • We have assisted, in the year 2022-2023, European Delegation in Bangladesh under technical assistance programme and European Investment Bank (EIB) through Stantec by conducting pre-feasibility due diligence on legal and land matters in order to facilitate EIB to reach investment decisions in renewable energy projects in Bangladesh as follows:

    • wind project- i.e. 100MW Wind Project at Parky Beach in Chittagong under EGCB and
    • wind project-10-100MW Wind Project in Patuakhali under RPCL.

    Primarily, we have assisted in determining legal issues, requirements and procedures relating to Land Acquisition, Resettlement through review of the existing laws, policies, criteria, site visits and stakeholders consultancy. We have drawn up an overall flowchart for implementation of a project and required licenses We also assisted in identifying and closing the legal gaps.

  • We have advised Bangladesh Power Development Board (2016 – 2017) relating to the Kutubdia based Wind Power Plant (2nd Stage (Off Grid): 1 MW–Peak- On) involving land lease and related documentation, importation  of turbines, turbine supply agreement, operation and maintenance agreement, etc.

Transmission & Distribution 

  • Advised DPDC on several procurement projects involving installation of a substation for a distribution network in Dhaka.
  • The Chambers regularly reviewed bid documents on establishment of distribution and Transmission substations e.g. contract awarded to Energypac Engineering Ltd. for work of reinforcement, Renovation & Augmentation of Ten 33/11KV substation; contract awarded to LG International Corp and LS Cable Ltd, Korea (JV) for Design, Supply, Installation, Testing and commissioning of 33KV underground cable against; contract awarded to Siemens Aktiengesellschaft for Lot-1, Design, Supply, Installation, Testing and Commissioning of 2 (Two) New 132 KV Sub-Station.

Regulatory 

  • Conducted several legal awareness programs with a major Japanese law firm, Nishimura & Asahi, involving workers of a major Japanese construction company, presently working at the Matarbari Infrastructure Project.
  • We worked jointly with Deloitte Touche Tohmatsu India Private Limited in a project involving upgrading several power-sector agreement templates, i.e., Power Purchase Agreement (PPA), Implementation Agreement (IA), etc. for Power Cell under Ministry of Power, Energy and Mineral Resources, Bangladesh.
  • Drafting Memorandum of Association & Article of Association of South Zone and Central Zone Power Distribution Company Limited.
  • Provided Legal advice to Power Division capable in framing the very first guideline on Public-Private Partnership in 2008.

Tender & Procurement 

  • We have advised Union Resources & Engineering Company Limited (UREC) (Bangladesh Liaison Office) on 1320 MW Ultra Super Critical Coal-Fired Power plant project at Matarbari, Cox’s Bazar in preparing several project proposal, e.g., MOU, JV & setting up Company as SPV.
  • Drafting and legal vetting of project documents, participating in the tender evaluation meeting to assist in the negotiation process and seeking clarification etc and giving legal consultancy on acceptability of bid documents as per tender, determining legality of tender evaluation etc in procurement process involving for supply, installation, putting into commercial operation, and operation & maintenance of eight (8), 50 MW ±15% barge/skid/trailer mounted power plants on rental basis based on Liquid Fuel (HSD)/Natural Gas located in Sylhet, Bogra, Kustia, Hobiganj, Brahman aria and so on.
  • Drafting and legal vetting of project documents, participating in the tender evaluation meeting to assist in the negotiation process and seeking clarification etc and giving legal consultancy on acceptability of bid documents as per tender, determining legality of tender evaluation etc in procurement process involving Procurement and Installation of Power System Metering Equipment on Turn-key Basis. Power Sector Reforms under Power Sector Development Technical Assistance(PSDTA) Project credit/grant from the International Development Agency (IDA)
  • Drafting and legal vetting of project documents, participating in the tender evaluation meeting to assist in the negotiation process and seeking clarification etc and giving legal consultancy on acceptability of bid documents as per tender, determining legality of tender evaluation etc in procurement process involving development, design, financing, construction, operation, and maintenance of small IPP, 10-30 ±10% MW gas-fired power station, for Power Cell participated by Asian-Entech Power Corporation Ltd/Doreen Power Generations and Systems Ltd for project Tangail and Narshingdi; Summit Industrial & Mercantile Corporation Pvt. Ltd/Summit Purbanchal Power Company Ltd project at Kumilla/Jangalia and Narayangaj/Rupganj; Summit Power Ltd. Narshingdi; M/S. Saiham Power Plant Ltd./Doreen Power House and Technologies Ltd. for project at Mohipal, Feni; Regent Textile Mills Ltd./Regent Power Ltd. for porject at Barabkunda, Chittagong; Energypac Confidence Power Venture Ltd. for project at Hobigonj.

O&M/EPC

  • Advised Electricity Generation Company of Bangladesh (EGCB) Ltd. on drafting several agreements for operation and maintenance (O & M) of 210 MW Siddhirganj thermal power station.

RAILWAY

  • Advised client involving connecting railway network and signaling equipment in connection with Ruppur Atomic Power Plant.

SEAPORT/MARINE/TERMINAL 

  • We have recently advised our Client, a local LPG company, in connection with construction of LPG Marine Terminal by a South Korean Engineering company relating to the defective supply and installation of submarine hose
  • Provided legal consultancy to a Bangladeshi leading group of companies jointly working with a Korean company on a maritime distress & navigational system project.
  • Legal consultancy involving feasibility project for Paira Sea Port to a Korean company.
  • Successfully advised a local group of companies for setting up a JV with a foreign counterpart for developing, operating and managing an Inland Container Depot (ICD).
  • Regularly advises China Road and Bridge Corporation, CCCC as its retainer for legal advisory services, on matters including but not limited to the Construction of Patenga Container Terminal (PCT) . Currently advising on several legal issues involving the project.

Practice Guide – Construction

Power, energy, and other infrastructure projects are increasing exponentially in Bangladesh. A country requires its infrastructures to be sustainable, capable of catering to the ever-growing demand for power, energy, roads, bridges, etc. Infrastructure projects can be undertaken under G2G; PPP (solicited or unsolicited) or non-PPP (solicited or unsolicited) mode of procurement. Legal support is required at the procurement stage. (for additional information please see Procurement, Bidding & Government Contracts). Legal support is also required at different stages of the project, on different issues, for example, drafting various agreements, contracts, subcontracts, MOU, EPC Contracts, O & M Contracts, etc. Legal due diligence before the commencement of work is strongly recommended. Clients often require services for obtaining various consents & permits for subsequent takeover or dispute resolution related services.

Depending on the nature of the project, sector & parties involved, mode of procurement can be very different. Generally, as per the policy and guideline of Public Private Partnership Authority (PPPA) and other procurement rules & regulations, procurements can be classified as follows:

  • G2G partnership for PPP,
  • PPP projects,
  • Non-PPP projects

Depending on the principal approval of ERD, concurrence of concerned law ministry & principal approval of PPPA a project can be G2G implemented PPP project (solicited/unsolicited). Relevant law comes into play when it comes G2G are Policy for Implementing PPP Projects through Government to Government (G2G) Partnership, 2017

Depending on the principal approval of ERD, concurrence of concerned law ministry & principal approval of PPPA a project can be PPP project (solicited/unsolicited).

The bidding process for solicited project (whether for PPP or non PPP) may also vary depending on the approval. Participating in bid complying timetables & also preparing documents as per instruction of tender documents etc. is a very challenging work both for national & international bidders. Relevant law comes into play when it comes solicited project are Procurement Guidelines for PPP Projects, Public Procurement Act 2006, Public Procurement Rules, etc.

Preparing unsolicited proposal along with project agreements can be very challenging work. Relevant law comes into play when it comes to bidding/submitting proposal, Guidelines for Unsolicited Proposals, 2016.

Most infrastructure projects involve signing of several project related agreements, for example, for Power Projects – Power Purchase Agreement (PPA), and for most infrastructure projects – Implementation Agreement (IA), Gas Supply Agreement, Land Lease Agreement, etc. Such agreements are signed with Government, procuring authority and other government agency. legal advice is always required before signing such agreements.

Obtaining all consents and permits in due time is the key factor which determines timely execution of the project within the commercial operation date. However, obtaining such consents & permits involves complexity for which expert legal service is required


Our Reported Cases



Related Resources - Library


We have a rich library with a mixture of printed and online legal databases. We have printed version of All England Commercial Cases, Indian Digest of  Supreme Court cases, Yearbook Commercial Arbitration of Wolter Kluwer and most law reports of Bangladesh. We subscribe to the online legal database Manuputra providing access to most reputed law reports. Read more

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