Review of Water Act of 2003 - Consultancy Services

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES - FIRMS)

ESWATINI

ESWATINI WATER SUPPLY AND SANITATION ACCESS PROJECT (P166697): REVIEW OF THE WATER ACT OF 2003.

Consultancy services for the Review of the Eswatini Water Act of 2003.

Reference No: SZ-EWSC-361497-CS-QCBS (EWSC 36 of 2023/24)

The Government of the Kingdom of Eswatini has received financing from the World Bank towards the cost of the Eswatini Water Supply and Sanitation Access Project, and intends to apply part of the proceeds for consultancy services. The services comprise of reviewing the Water Act 2003. The implementing agency for this project is the Government of the Kingdom of Eswatini through Eswatini Water Service Corporation (EWSC) and sub-coordinated by the Department of Water Affairs.

The Ministry of Natural Resources and Energy through the Department of Water Affairs (DWA) is seeking Consultancy services to review the national water legislation with the intent to align the water sector with the emerging socio and economic demands and threats posed by climatic conditions. The new legislation must aspirer to complement the National Development Strategy while enhancing the attainment of Sustainable Development Goals. The new Water Act must take into cognisance of the existing SADC Protocol on shared water resources and water-based sector’s agreements.

Objectives:

• To develop one piece of widely consulted primary legislation comprising water resources, based on the principles of integrated water resources management (IWRM), and water supply and sanitation, based on the vision of water and sanitation for all. Both parts of the bill should facilitate the achievement of the SDG no. 6
• To develop selected pieces of widely consulted secondary and tertiary legislation, (i.e., regulations, standards and guidelines), in the domain of water resources management, water supply and sanitation.

Scope of Work

The consultant must ensure that the underlisted activities are met but not limited to during the course of the consulting services of the review of the Water Act 2003;

• To review relevant legislative documents (adopted and draft), also considering trans-boundary water resources agreements, and institutional mandates, and recommend modifications, where relevant.
• To review relevant policies and strategies (national and regional) against existing legislation to ensure alignment of the new legislation to these key documents.
• To review relevant other documents (e.g., those produced under relevant projects).
• To present and discuss the findings, conclusions and recommendations of these reviews with key stakeholders and obtain feed-back and guidance for follow-up.
• To draft one conjunctive bill on water resources, water supply and sanitation, giving due consideration to social & gender equity, economic efficiency and ecological sustainability.
• Identify threats and pressures and assess potential impacts of human activities and climate change on water resources and recommend appropriate regulatory measures to address the identified threats and pressures to ensure sustainable development, protection and governance of national water resources.
• To develop, where needed, the legal basis in the bill for needed secondary and tertiary implementing water sector regulations.
• To identify, agree and draft a selected number of priority regulations, standards and guidelines, among other things to support enforcement of water legislation, permitting, charging, penalties, disputes and conflict resolution and water infrastructure management.
• To present and discuss the draft bill on water resources, water supply and sanitation with key stakeholders and incorporate the feed-back received.
• To present and discuss the draft regulations, standards and/or guidelines with key stakeholders and incorporate the feed-back received (one workshop per document).
• To present and discuss the 2nd draft bill on water resources, water supply and sanitation with the wider stakeholders’ group and incorporate the feed-back received.
• To present and discuss the 2nd draft regulations, standards and/or guidelines with the wider stakeholders’ group and incorporate the feed-back received (one workshop per document).
• To present and discuss the 3rd draft bill and regulations to the Parliamentary Portfolio Committee and incorporate the feed-back received.
• To finalize the draft bill and the draft regulations, standards and/or guidelines.

Consultant Qualification and Experience

The Government through Eswatini Water Service Corporation now invites eligible consultants (firms) to indicate their interest in providing services for the review of the Water Act 2003.

The Expression of Interest shall provide information about consultants’ qualifications and capability to perform the consulting services including description of experiences with similar assignments, experience in similar conditions, confirmation of availability of the consultants. Consultants are allowed to associate with others to enhance their qualifications. Where firms are associating, the submission must include verifiable evidence of association from all parties. The shortlisting criteria are:

• The firm should have minimum 10 years' experience in similar consultancy services on review of Water legislative framework.
• Demonstrate experience of having satisfactorily completed at least 2 assignments of similar magnitude and complexity in the past 10 years as a Consultancy on the review of Water legislative framework.
• Demonstrate experience of having completed at least one assignment involving review/development of a Water Legislative framework in the SADC Region or equivalent.
• Technical and managerial proficiency of the firm to execute this contract is essential; evident from consultancy organogram including detailed technical team composition.
• The Consultancy must be in possession of at least one member who has a Certificate in Legislative Drafting.

The attention of interested Consultants is drawn to paragraphs 3.14 to 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers of July 2016, revised in November 2017 and August 2018 setting forth the World Bank’s Policy on Conflict of Interest.

A Consultant will be selected in accordance with the QCBS (Quality and Cost Based Selection) method set out in the World Bank’s Procurement Regulations for IPF Borrowers dated July 2016, revised in November 2017 and August 2018.

Interested consultant(s) may request and obtain further information and detailed terms of reference by email to [email protected] and copy [email protected] , on or before 21 August 2023.

Expressions of Interest, clearly labelled ‘’[Name of Consultant] EWSSAP: “Review of the Water Act 2003”, should be submitted by 24 August 2023 at 12:00hrs local time through: an email to: [email protected] for files less than 6MB (or send a link for files larger than 6MB),

or hand submitted (one (1) original and four (4) copies) to the physical address as indicated below:

Attention: The Managing Director

Eswatini Water Services Corporation Headquarters, Emtfonjeni Building.

Corner MR 103 and Cultural Village Drive, Ezulwini

Country: Eswatini

Telephone: +268-2416-9000

Facsimile number: +268-2416-3616