Legislative Review/Regulatory Gap and analysis for the Road Sector

REQUEST FOR EXPRESSIONS OF INTEREST – FIRM BASED CONSULTANCY ASSIGNMENT

Consultancy Services for the Development of a Road Transport Bill

Reference No. GM-CPCU - MOFEA-452566-CS-CQS

• Context and Background information on the Consultancy

The Government of The Gambia in collaboration with The World Bank is preparing The Gambia Infrastructure Project (GIP) with the development objective to “enhance the access to and improve the resilience of transport and energy infrastructure and the delivery of related services for The Gambian population and businesses”. The project is to be financed by an International Development Association (IDA) Grant in an indicative amount equivalent to US$100 million available through The Gambia’s national IDA allocation. The project aims to (a) upgrade and maintain rural and urban roads to improve transport connectivity with lower-carbon modes (river transport and urban public transport); (b) improve universal access and network resilience through investments in energy and transport infrastructure and services (c) and facilitate modernization of public service delivery mechanisms that incorporate contemporary technologies, clean and safe vehicle fleets, and private capital enablers.

A Project Preparation Advance (PPA) has been approved by the World Bank to finance the needed preparatory activities until the project reaches effectiveness. The CPCU, MoFEA is working with relevant institutions for the implementation of the PPA activities including consultancy services, feasibility studies and coordination.

• Rational for the study

There is a compelling need to undertake a comprehensive reform of the Motor Traffic Act. The rationale of this reform is threefold: The current state of motor traffic management in The Gambia, the limitations of the existing legislative framework, and the basis for reviewing and developing a Road Transport Bill tailored to the Gambia’s environment.

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• Current Landscape of Motor Traffic Management In The Gambia

The Gambia's road network serves as the primary mode of transportation for both goods and passengers, facilitating economic activity, social interactions, and access to essential services. However, rapid urbanization, inadequate infrastructure, and a growing vehicle fleet have exacerbated congestion, road safety risks, and environmental pollution. These challenges pose significant obstacles to achieving sustainable development goals and improving the quality of life for Gambian citizens.

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• Limitations of the Existing Motor Traffic Act

The current Motor Traffic Act in The Gambia, enacted 1948 while instrumental in regulating vehicle registration, driver licensing, and road safety standards, it exhibits several shortcomings:

• Outdated Provisions: The Act lacks provisions to address emerging trends such as smart transportation technologies, enforcement of drink driving laws, speed limits appropriate for Gambia’s roads etc.

• Inadequate Enforcement: Weak enforcement mechanisms, limited resources, and capacity constraints undermine the Act's effectiveness in promoting compliance with traffic laws and reducing road traffic accidents.

• Fragmented Regulations: Fragmented regulations across different government agencies contribute to inconsistencies, inefficiencies, and conflicts, hindering the effective management of motor traffic.

• Objectives of the assignment

The Gambia is initiating the development of a Road Transport Bill to address challenges in road transport management. A qualified consultant will review the existing motor traffic laws and draft a bill tailored to the country's needs. Collaborating with government agencies, stakeholders, and experts, the consultant will ensure the framework aligns with international standards, enhances road safety, and fosters sustainable transportation.

• Primary Objectives

The principal aim is to comprehensively assess the existing legislative framework governing motor traffic management and to formulate a revised or new legislation that effectively address current challenges, promote road safety, and support sustainable transportation practices within The Gambia.

• Scope of work

In line with the objective, the following are identified as the scope for the development of a Road Transport Bill.

2.2.1 The consultant will encompass the following key tasks:

• Conduct a comprehensive review of the existing Motor Traffic Act, identifying strengths, weaknesses, and gaps in the legislative framework.

• Analyze international best practices, comparative analysis of traffic legislation from other countries and trends in motor traffic management, with a focus on road safety, traffic control, vehicle standards, driver licensing, and penalties for violations.

• Engage stakeholders from government agencies, civil society organizations, law enforcement, and the public to gather input and feedback on the proposed changes.

• Draft a Road Transport Bill that incorporates the findings of the review, aligns with international standards, and addresses the specific needs and challenges of The Gambia.

• Ensure that the proposed Road Transport Bill aligns with The Gambia’s national transport policy, climate change commitments, and urban planning initiatives.

• Develop supporting documents, such as explanatory notes and implementation guidelines, to accompany the Road Transport Bill.

• Conduct a presentation of the draft Road Transport Bill to relevant government authorities for review and approval, incorporating feedback as necessary.

• Throughout the assignment, the consultant will provide regular progress reports to the contracting authority, detailing activities undertaken and next steps.

• Finalize the Road Transport Bill for enactment, ensuring that it is clear, comprehensive, and enforceable.

The consultancy is expected to be completed within four months. As part of the process, the consultant is expected at a minimum to conduct in-person consultations and host an in-person validation workshop of the draft bill. Full ToR will be made available upon request.

• EXPERIENCE OF THE FIRM & QUALIFICATION KEY EXPERTS

• At least five (5) years’ specific consulting experience in the areas of developing national transport policies, strategies, regulations and legislations.

• Have developed at least two (2) national transport legislations for which at least one was in the sub-Sahara Africa Region. Reference of successful work completion certificate(s) is required.

• Have successfully carried out at least one (1) similar assignment in the past three years.

6.1 . KEY EXPERTISE

The consulting services will be hired for a period of four (4) months from the date of signing, consisting of a Project Manager/Team Lead, Two (2) Legal Experts, , Road Safety Specialist, and a Transport Economist.

The staffing requirements outlined above are instrumental in shaping the project. Consultants are encouraged to adhere to this team composition when submitting their proposals. However, they are welcome to suggest alternative staffing arrangements suitable for this assignment, which will not be formally evaluated but can be discussed and finalized during negotiations.

Submission of Expressions of Interest:

The Ministry of Finance and Economic Affairs (MoFEA) through the Gambia Infrastructure Project (GIP), now invites eligible consulting firms to indicate their interest in providing the Services. Interested Consultant firms 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.

Consultant Firms may associate with other firms in the form of a joint venture or a sub consultancy to enhance their qualifications.

A Consultant will be selected in accordance with the Consultant Qualification Selection (CQS) 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 29th January 2025 at 12h30 GMT

Central Project Coordination Unit

Royal Insurance Building

2nd Floor, Kotu Bertil Harding Highway

The Gambia

Email: [email protected] and [email protected] and [email protected]