Development of State-Owned Enterprises Regulations for the Government of The Gambia

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTANCY SERVICE – INDIVIDUAL BASE SELECTION)

Name of Project: The Gambia Fiscal Management Development Project (P166695)

Assignment Title: Development of State-Owned Enterprises Regulations for the Government of The Gambia

Reference No. GM-PPPPE-409969-CS-INDV

• Background:

The Government of The Gambia, through a World Bank financed project - The Gambia Fiscal Management Development Project, is providing support to the Ministry of Finance and Economic Affairs (MOFEA) to develop regulations for the State-Owned Enterprises Act, 2023.

The State Owned- Enterprise (SOE) sector in The Gambia comprises of twelve (12) SOEs delivering public services in various sectors such as Energy & Water, Telecommunication, Agriculture, Services and Transportation.

The main objective of developing the regulations is to provide specific details and requirements for the enforcement of the SOE Act, as well as ensure adherence and compliance with the provisions of the Act, which seeks to strengthen the governance and financial management of SOEs.

The consultant will therefore support the MOFEA, SOE Commission and SOEs to function under a robust framework for the effective implementation of the SOE Act.

Objectives of the Assignment:

The objective of the assignment includes: The objective of the assignment is to develop regulations for the enforcement of the SOE Act, 2023 by:

• Reinforcing the corporate governance framework of the SOEs in line with the Act

• Ensure accountability in the financial and technical operations of SOEs

• Ensure fiscal accountability in the relationship between the State and the SOEs

• Promote a competitive environment and a level playing field for SOEs

Scope of Work/Responsibility of the Consultant

In addition to the objective highlighted above, the scope of work will include the following:

• Conduct a detail gap analysis of the SOE Act and relevant laws including but not limited to the Companies Act, Gambia Public Procurement Act etc.

• Propose clear and concrete recommendations and implementation plan to address the gaps identified and guide the implementation of the Act.

• Conduct benchmarking of SOE Regulations in line with international best practice.

• Develop a mechanism for monitoring and evaluating compliance with the regulations.

• Develop a comprehensive regulation

Individual Qualifications, Experience, Competencies and Specifications

Individual Consultant’s Experience:

The assignment will require the services of a consultant with extensive experience in the State-Owned Enterprises (SOEs) sector.

The individual consultant should have strong experience in the development of legislations and regulations. He/ She should have demonstrable knowledge in the following areas:

• Proven expertise/experience in working with legislative processes and drafting of legal documents, including the drafting of Regulations relevant to governance and fiscal oversight of public institutions.

• Thorough understanding of The Gambia’s SOE sector, opportunities and challenges.

• Understanding of good corporate and public governance, standards, guidelines or procedures, relating to financial reporting and ethics.

• Minimum of a bachelor’s degree in law, economics, finance, public policy and administration or any related field.

• Minimum of at least 10 years professional expertise in developing legal and regulatory frameworks including the drafting of legislation (either Bill or Regulations) relevant to this assignment.

• Experience in the management or operations of SOEs is an added advantage

• Evidence of having conducted similar assignments

• Strong communication and drafting skills

• Ability to conduct and facilitate stakeholder consultation.

Submission Requirements:

The Ministry of Finance and Economic Affairs (MoFEA) through the Gambia Fiscal Management Development Project, now invites eligible individual consultants to indicate their interest in providing the Services. Interested Individual Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services.

The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” dated September 2023 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.

A Consultant will be selected in accordance with the Individual Consultant Selection (IC) method set out in the Consultant Guidelines. Further information can be obtained at the address below during office hours from 09:00 to 16:00 Monday to Thursday and 09:00 to 12h30 on Friday.

Expressions of interest should be delivered in a written form to the address below (in person, or by mail) on or before 19 March 2024 at 12h30 GMT

Gambia Fiscal Management Development Project GFMDP

Royal Insurance Building

2nd Floor, Kotu Bertil Harding Highway

The Gambia

Email: [email protected] and [email protected]