review of water related legislation and full assessment of water regulatory authority

Country: Botswana

Name of Project: Botswana Emergency Water Security and Efficiency Project

Project ID No: P160911

Consulting Services: Review of the Water Related Legislation and Full Assessment of Establishment of Independent Water Regulatory Authority

Tender No: MLWS\DWA TENDER NO. MLWS/DWA/ Review of the Water Related Legislation and Full Assessment of Establishment of Independent Water Regulatory Authority

The Government of Botswana has received a loan from the World Bank towards the implementation of the Botswana Water Security and Efficiency project and intends to use part of the funding to finance a consultancy for the Review of the Water Related Legislation and Full Assessment of Establishment of Independent Water Regulatory Authority

Background

The Department of Water and Sanitation Services (DWS) under the Ministry of Land Management, Water and Sanitation Services in the Republic of Botswana intends to engage an experienced consultant to carry out a review of the water related legislation & full assessment of establishment of independent water regulatory authority in Botswana. The Water Legal Framework of Botswana has been surpassed by events and does not address some of the emerging current matters in water sector in Botswana which may necessitate its overhaul. In addition, the legal framework has to create a conducive environment for other Government Policies and Initiatives that are water use intensive, and empower government through relevant institutions to protect water resources.

Selection criteria: only firms that meet the below criteria will be short listed

Eligibility:

• For local Consultant they must be registered with the Public Procurement and Asset Disposal Board in the following categories:

• Code 318 Legal Services Sub-code Description 01 Legal services

or

•

• Code 313: Environmental Services

Sub codes -06-Environmental policy and legislation

• The Consultant must submit notarized or certified copies of Certificate of incorporation or Proof of Registration of the consulting firm, Company Directorship and shareholding

• Submit Company’s Tax Clearance Certificate from its country of operation

• Consultants may associate with other firms in the form of a joint venture or a sub-consultancy to enhance their qualifications and references must be attached. In case of Joint Venture (JV) a Copy of the JV Agreement is required with all parties in the JV required to submit all compliance documents.

• Must demonstrate availability of relevant skills among staff related to the assignment: Evidence of relevant skills for Project Team Leader (Minimum of Master’s Degree in Law with extensive experience on Water Law/ Environmental Law with a supporting team of Legal Expert, Water Resources Expert and Institutions / Governance Expert

Relevant experience in similar assignments and environments:

• The Consultancy firm should display that within the last ten (10) years they have acquired, performed projects or consultancies in any of;

• legal research and reviews e.g. legal policy/framework review and formulation, legal framework assessments

• Drafting of legislations preferably related to water/environment.

• experience on legal and professional practice

• consultancy services for Assessment for establishment of Regulatory Agency

Shortlisting of the Consulting firms will be carried out according to the World Bank Procurement Regulations for Investment Projects Funding (IPF) Borrowers (Regulations), revised July 2016 ("Consultant Guidelines").

A complete version of the Terms of Reference is available on request.

Submission of EOI

Interested parties are required to submit one (1) original and three (3) copies and a soft copy (PDF Format) on a CD of the Expression of Interest document in one sealed envelope marked “Expression of Interest for Review of the Water Related Legislation & Full Assessment of Establishment of Independent Water Regulatory Authority.” addressed to:

The World Bank Projects Coordinator, Ministry of Land Management, Water and Sanitation Services, Debswana House, Ground Floor Reception Area, East Wing, Main Mall, Private Bag 00434, Gaborone, Botswana

Expression of Interest documents are to be hand delivered to the above address before or by 10:00hrs Botswana Local Time on the 23rd August 2019 LATE SUBMISSIONS and EOI NOT IN ENGLISH WILL NOT BE ACCEPTED, neither will submissions received via telephone, telex or facsimile.

Queries relating to the issue of these documents may be addressed to Mr David Molefha Department of Water and Sanitation, Private Bag 0029 Gaborone, Botswana, Email: [email protected], Tel +267 3607232 Fax: +267 3903508 or Ms. Lebogang Tawana, Email: [email protected]

Notwithstanding anything in the foregoing, The Government of Botswana reserves the right to accept or reject any or all applications or to cancel the entire proceedings without giving any reasons whatsoever.

______________

Lebogang Tawana

Secretary, World Bank Projects Coordinating Unit

Ministry of Land Management, Water and Sanitation Services