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REQUEST FOR PROPOSAL (RFP)
ISSUE DATE: 31ST MAY 2024
PROVISION OF ADVISORY AND TECHNICAL SUPPORT CONSULTANCY SERVICES IN THE OPERATIONALIZATION OF THE DATA PROTECTION ACT OF 2024
PROCUREMENT REF: MACRA/IPDC/LEGAL-DPA/2024/5
1.0. Background
The recently enacted Data Protection Law of 2024 in Malawi has designated MACRA as the Data Protection Authority with the mandate to implement and enforce the Act. The law further requires MACRA to establish a dedicated Data Protection Authority unit within its organization to carry out its duties under the Act.
2.0. Objectives
The main objective of this consultancy is to provide advisory and technical support to MACRA in operationalizing its mandate as the Data Protection Authority.
2.1 Specific Objectives of the Assignment.
- Establishing the organizational structure and governance framework for the Data Protection Authority unit within MACRA.
- Developing the necessary policies, procedures, and operational guidelines for the unit.
- Defining the roles, responsibilities, and job descriptions for key positions within the unit.
- Designing monitoring, reporting, and enforcement mechanisms.
- Drafting supporting secondary legal and regulatory instruments.
- Developing an action plan for the phased implementation of the Data Protection Authority
3.0. Scope of Work
The consultancy will involve the following key activities:
- Organizational Structure and Governance Framework
- Assess MACRA existing organization structure and governance mechanisms.
- Recommend the appropriate organizational structure, reporting lines, and decision-making processes for the Data Protection Authority unit.
- Develop the organogram and job descriptions for key positions within the unit.
- Propose the necessary internal policies, procedures, and operational guidelines for the unit.
Roles, Responsibilities, and Competencies
- Define the roles and responsibilities of the Data Protection Authority unit and its key positions.
- Develop detailed job descriptions for the various positions, including required qualifications, skills, and competencies.
- Recommend any necessary capacity building or training programs for the unit’s staff.
Monitoring, Reporting, and Enforcement Mechanisms
- Design monitoring and evaluation frameworks, including key performance indicators, for the Data Protection Authority unit
- Develop reporting templates and procedures for the unit to track its activities and performance.
- Recommend enforcement mechanisms and corresponding legal/regulatory instruments to support the unit’s mandate.
Supporting Legal and Regulatory Instruments
- Review the existing legal and regulatory framework and identify any gaps or areas requiring additional instruments.
- Drafts secondary legal and regulatory instruments (e.g., regulations, guidelines, codes of conduct) to support the Data Protection Authority’s operations.
- Ensure alignment and consistency with the Data Protection Law of 2024 and other relevant laws and regulations.
Implementation Action Plan
- Develop a phased implementation plan for the establishment and operationalization of the Data Protection Authority unit.
- Identify key milestones, timelines, and resource requirements.
- Propose monitoring and evaluation mechanisms for the implementation plan.
4. Deliverables
The main deliverables of this consultancy will include:
- Organizational structure and governance framework for the Data Protection Authority unit
- Roles, responsibilities, and job descriptions for key positions within the unit.
- Monitoring, reporting, and enforcement mechanisms for the unit’s operations.
- Drafts of supporting legal and regulatory instruments.
- Phased implementation action plan for the Data Protection Authority unit.
5. Qualifications and Experience:
a) Education
- A minimum of a Master’s Degree in organizational Behavior/Development, Human Resources Management, Strategic
Planning, Change Management, Business Administration or Political Communications.
b) Professional Experience
- At least 10 years of experience in organizational development, human resources management or organizational structuring, preferably working with public entities.
- Demonstrated knowledge and skills in assessing organizational structures, designing effective processes and implementation of change initiatives successfully.
c) Skills and Competencies
- Analytical Skills: ability to analyze complex organizational issues and data to identify trends and patterns.
- Problem-solving skills: have strong problem-solving abilities to address challenges within the organization effectively.
- Communication skills: ability to communicate information clearly and build relationships with clients and stakeholders.
- Project management skills: have strong project management skills to plan and execute organizational development initiatives successfully.
- Change management skills: be adept with managing change within organizations by facilitating transitions and overcoming resistance.
6. SELECTION METHOD
The consultant shall be selected in accordance with the Quality Cost Best Selection (QCBS) procedures as set out in the Public Procurement Guidelines. Consultants are therefore instructed to submit their proposals in two separate labelled envelopes, one for the Technical Proposal and another one for the Financial Proposals.
7. TERMS OF REFERENCE (TOR’S)
Interested consultants or their representatives may obtain detailed Terms of Reference TORs) upon written request through the following email: procurement@macra.mw
8. PROPOSAL SUBMISSION
Completed copies of proposals in sealed envelopes clearly marked “PROVISION OF ADVISORY AND TECHNICAL SUPPORT CONSULTANCY SERVICES IN THE OPERATIONALIZATION OF THE DATA PROTECTION ACT OF 2024” should be submitted in two separate envelopes one marked “TECHNICAL PROPOSAL” and the other one marked “FINANCIAL PROPOSAL” and must be delivered to the following address:
THE CHAIRPERSON
Internal Procurement and Disposal Committee (IPDC),
Malawi Communications Regulatory Authority (MACRA)
Area 13
Green Heritage House
P.O. Box 30214
Capital City
LILONGWE 3
Malawi
207213
E-mail: procurement@macra.mw
9. PROPOSAL OPENING
Opening of proposals shall take place in the Boardroom at MACRA Offices, in Area 3, Green Heritage House, P.O. Box 30214, Capital City Lilongwe 3 on Friday 28th June 2024 at 10:00 hours and bidder’s representatives and the general public who wish to attend the ceremony are most welcome.
10. MACRA is however, not bound to accept the lowest or any proposal but reserves the right to exercise choice of lowest evaluated, substantially responsive proposal and can cancel the procurement proceedings at any stage.
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