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MINISTRY OF TRANSPORT AND PUBLIC WORKS
SOUTHERN AFRICA TRADE AND CONNECTIVITY PROJECT (P164847)
RE-ADVERTISEMENT
REQUEST FOR EXPRESSIONS OF INTEREST
(CONSULTING SERVICES – FIRM SELECTION)
COUNTRY: Malawi
NAME OF PROJECT: Southern Africa Trade and Connectivity Project (SATCP)
PROJECT ID: P164847
ASSIGNMENT TITLE: Consultancy services for review and drafting of the Malawi Bureau of Standards ACT, and Malawi Bureau of Standards regulations
REFERENCE NO.: MW-MTPW-410678-CS-CQS
DATE OF ISSUE: 28 August, 2024
1. Introduction:
The Government of Malawi (GoM) has received a credit and grant from the International Development Association (IDA) under the Southern Africa Trade and Connectivity Project (Project) to support efforts to reduce trade costs and time, increase access to improved infrastructure, and increase value chain development in targeted corridors of Malawi and Mozambique, and intends to apply part of the proceeds for consulting services.
The Ministry of Transport and Public Works intends to apply part of the proceeds for consulting services. The consulting services (“the Services”) include Consultancy services for review and drafting of the Malawi Bureau of Standards ACT, and Malawi Bureau of Standards regulations.
2. Objective of the Assignment
The enforcement of MBS Act and its subsidiary regulations needs to respond to changes in the needs of and dynamics in the operation of the private sector and the economy as a whole. Furthermore, over the years, there are lessons that have been learnt with regard to enforcement of the Act and its regulations which need to be incorporated in the enforcement system to keep MBS abreast of the dynamic emerging developments.
The main objective of the assignment is, therefore, to make legislation governing standardization and quality assurance in Malawi easy to enforce. Therefore, the specific objectives of the proposed review and amendment of the MBS Act and its regulations are to:
- Include technical terms and definitions in the MBS Act and its subsidiary regulations aimed at facilitating their enforcement mechanisms.
- Align the MBS Act with the current organizational structural adjustments being championed by the Government in the statutory companies sector.
- Align the standardization and quality assurance legislation to international best practices to make it easy to enforce and comply with.
- Include relevant more punitive provisions in the Act and its subsidiary regulations that would deter offenders from putting the health and safety of consumers at high risk.
- Address the gaps in the MBS Act pertaining to appropriate collaborative referencing to other similar relevant existing pieces of legislation in the country.
- Include the Power of Attorney in the Act aimed at enhancing national and international collaboration with trade facilitation partners, for example, MRA and other conformity assessment bodies.
- Include a thorough assessment and updating of consultation processes in keeping with best practice and WTO TBT standards on commenting.
- Include the Management Systems Certification reference sections in line with MBS’s strategic direction of enhancing its efforts as a Conformity Assessment Body in the region and beyond.
- To align the Imports Quality Monitoring Regulations list of designated products to the MBS catalogue of gazette mandatory Malawi Standards on an ongoing synchronized basis in order to keep abreast of standardization developments.
- To work towards gazetting of draft mandatory Export Quality Certification Regulations in line with the MBS Act, aimed at ensuring that only complying exports are sold outside Malawi for the improvement of the Country’s competitiveness on the global market.
The assignment is for a period of 60 days spread over the period of 3 consecutive months from the dat of signing the contract.
The detailed Terms of Reference (TOR) for the assignment can be obtained at the address given below.
The Ministry of Transport and Public Works now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services. The shortlisting criteria are:
- Core business of the firm(s) and years in business;
- Relevant similar experience, which should specifically include the below:
- The firm will have 10+ years of international experience involving developing legislation for international standards authorities.
- The Team Leader will have acted in the role of Project Manager / Lead Consultant in at least two projects in the past five years, involving the preparation of legislative requirements for Standards Agencies.
- The firm will be primarily experienced and have full understanding of standards and quality certification operations including experience in cross-border regulatory operations, including full understanding of international best practices under the ISO/IEC, CAC, WTO-SPS, WTO-TBT, ARSO, COMESA, SAD protocols and international legal instruments pertaining to standardizations and quality assurance law.
- The firm will have experience in developing risk, compliance, debt management, appeals and penalty provisions.
- The firm should have an understanding of the WTO TFA provisions, and its requirements and application for Standards Authorities.
- The Team Leader should have, as a minimum, post-graduate qualification in law.
- Experience of working with the public sector in developing countries is essential and specific experience of working in public sector projects in Africa with the Bureau of Standards or equivalent institutions is desirable.
- Technical and Managerial capability of the firm. (Provide only the structure of the organization, general qualifications and experience, and number of key staff. Do not provide. detailed CV of the staff. Experts will not be evaluated at the shortlisting stage.
N/B
Joint ventures are allowed.
The attention of interested Consultants is drawn to Section Ill, paragraphs, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” dated November 2020 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.
Consultants may associate with other firms to enhance their qualifications, but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.
A Consultant will be selected in accordance with the Quality Cost Based Selection (QCBS) method set out in the Procurement Regulations.
Further information can be obtained at the address below during office hours from 07:30 to 16:30 hours, local time.
Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by fax, or by e-mail) by 10th September, 2024.
The Chairman
Internal Procurement and Disposal of Assets Committee,
Ministry Of Transport and Public Works,
Attn: Project Manager
Capital Hill, Ground Floor, Room 31
Private Bag 322
Lilongwe 3, MALAWI.
Tel: +265 1 753 699
Fax: +265 1 750 307
E-mail: procurement@satcp.mw; shaibu.somba@satcp.mw
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