Individual Consultant Expression of Interest for Legal and Commercial Consultant — SS-EARTTDFP Program

SOUTH SUDAN-EASTERN AFRICA REGIONAL TRANSPORT, TRADE AND DEVELOPMENT FACILITATION PROGRAM (SS-EARTTDFP)

Request for Expression of Interest (REOI) for an Individual Consultant (IC)

For

A Legal and Commercial Consultant for identifying options for the ownership, management and operation of South Sudan Fiber Optic Cable Network including possible Public Private Partnership (PPP) participation.

COUNTRY: South Sudan

NAME OF PROJECT: South Sudan-Eastern Africa Regional Transport and Trade Facilitation Program

IDA Credit No: 5363-SS

Project ID No: P131426

Ref No: Proc-RTTDFP/MoT&PS/2014/Cons./L&CE

This Request for Expressions ofInterest follows the general procurement notice for this project thatappeared in UNDB on March 7th, 2013 and other Regional Newspapers [The Citizen and The Standard] on 1st March, 2013.

The Republic of South Sudan has received financing from the International Development Association (IDA) administered by the World Bank towards the cost of financing various components under the South Sudan Eastern Africa Regional Transport and Trade Facilitation Program. The program is aimed at enhancing regional connectivity of South Sudan with its Eastern Africa neighbouring countries and access to sea ports. Thiswill be achieved through: increasing transport efficiency along the Juba-Nadapal-Eldoret corridor connecting South Sudan to Mombasa port, and linking the new landlocked country, South Sudan, to an alternative sea port of Djibouti and facilitating trade and development along the transport corridors. One of the program components, to be financed through a World Bank credit to South Sudan, is the construction of a fibre optic cable alongside the road from Juba to Lokichoggio in Kenya.

The construction of the fibre optic cable on the South Sudan side will be coordinated by a Project Management Team (PMT) in the Ministry of Transport, Roads and Bridges whereas its technical implementation will be handled by the Ministry of Telecommunications and Postal Services (MoTPS). It is proposed that the management of the fiber optic cable network beentrusted to a public private partnership (PPP) structure composed oflocal operators, internet service providers, other private firms and government. Capacity will be made available to operators based on open-access principles. The Ministry of Telecommunication and Postal Services (MoTPS) therefore intends to apply part of the proceeds for the payment for the services of a Legal and Commercial Expert to identify and analyse legal and commercial issues relating to deployment and operationalization of the fiber optic cable network and formulate legal instruments that will be required to operationalise thefibre optic network in the country.

Duties and responsibilities; The Legal and Commercial Expert will be required to work with the Program Coordinator and the ICT Component focal person to identify and analyse legal issues relating to construction of fiber optic network. The key tasks include; i) Analyse South Sudan's legal framework to establish whether there are changes that need to be made to the institutional, legal and regulatory framework in order to provide theright context for PPP in telecom sector; ii) Identify options for ownership, management and operation of the fibre optic cable network consistent with the prevailing legal framework in South Sudan including possible Public Private Partnership(PPP) models for ownership, management or operation of fiber optic cable; and upon full consultation with all stakeholders, propose/ recommend the most appropriate approach (including the best PPP model/ structure) in light of the South Sudan circumstances;iii) Assess legal and regulatory issues applicable to the proposed PPP structure including research on the license and regulatory requirements, tax implications and application of competition laws and regulation including proposal to avert monopoly (anti-competitive) practices in relation to the provision of fibre-optic services; iv) Prepare requisite legal transaction and operating documents for the ownership, management and operation of the fibre optic cable network and related future infrastructure assets consistent with South Sudan law based upon the agreed upon PPP structure; v) Prepare structures of PPP Company in terms of ownership, minimum and maximum shareholdings, and rights regarding access to capacity and/or dark fibre with attention to safeguards against monopoly control and define capital structure; vi) Prepare a contract to hire an operator to maintain and operate the fibre optic assets,under the management of the PPP; vii) Identify and analyze any potential legal and commercial issues associated with the cross-border implications of the fiber optic cable and prepare necessary documents for consideration by the MoTPS management; viii) Assess capacity and appetite for private actor to participate in the PPP structures; and Assess commercial, financial viability of various PPP structures and propose a business model for the operation of the recommended PPP structure.

Selection Criteria: The selection shall be conducted based on qualification and experience of the candidates and followedby an interview of the best successful candidates. The candidates must have: i) An Advanced University Degree in law or equivalent ; ii) At least 7 years of post-graduate professional experience relevant for the position in an international organization or public/private sector or bilateral cooperation; iii) Expertise in legal and commercial aspects of telecom sector; Experience in negotiations especially on public private partnerships; iv) Knowledge of regional countries and South Sudan laws; v) Excellent written and oral communication skills, in English, to deliver complex technical documents, and reports; vi) Experience in building productive internal and external relationships and working productively in a team environment; and vi) Excellent computer skills is required.

It is expected thatthe consultant will work for a total of 40 working days from signing of contract, over an elapsed time of around six months, with at least two missions to Juba of one-two week's duration, combined with meetings in Nairobi.

The Ministry of Telecommunication and Postal Services (MoTPS) now invites eligible Individual Consultants to indicate their interest in providing the above mentioned services. Interested consultants must provide information indicating that they are qualified to perform the Services and furnish the Curriculum Vitae (CV) to the addressbelow.

The attention of interested Consultants is drawn to paragraph 1.9 ofthe World Bank's Guidelines: Selection and Employment of Consultants under IBRD Loans and IDA Credits & Grants by World Bank Borrowers dated January 2011and Revised July, 2014 ("Consultant Guidelines"), setting forth the World Bank's Policy on conflict of interest.

A Consultant will be selected in accordance with the procedures set out in the World Bank's Guidelines: Selection and Employment of Consultants under IBRD Loans and IDA Credits & Grants by World Bank Borrowers dated January 2011 and Revised July, 2014- Selection of Individual Consultants.

Expression of interest (EOI) must be delivered to the address below by 7th April, 2015 through mail, e-mail or in personto the address below.

ADDRESS:

Undersecretary,

Ministry of Telecommunication and Postal Services

Republic of South Sudan

Juba

Attention: Thomas Gatkuoth

ICT Focal Person,

Juba, South Sudan, E-mail: [email protected]; [email protected]; [email protected]