South Sudan-EA Regional Transp.Trade Dev - P131426
Ministry of Telecommunication and Postal Services | Published March 13, 2015 - Deadline April 7, 2015
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
SOUTHSUDAN-EASTERN AFRICA REGIONAL TRANSPORT, TRADE AND DEVELOPMENT FACILITATION PROGRAM (SS-EARTTDFP)
Request for Expression of Interest (REOI) for anIndividual Consultant (IC)
A Legal and CommercialConsultant for identifying options for the ownership, management and operation of South Sudan Fiber Optic Cable Network includingpossible Public Private Partnership (PPP) participation.
COUNTRY: South Sudan
NAME OF PROJECT: South Sudan-Eastern Africa Regional Transport and Trade FacilitationProgram
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 procurementnotice for this project thatappeared in UNDB on March 7th, 2013 and other Regional Newspapers [The Citizen and TheStandard] on 1st March, 2013.
The Republic of South Sudan hasreceived financing from the International Development Association (IDA) administered by the World Bank towards the cost offinancing various components under the South Sudan Eastern Africa Regional Transport and Trade Facilitation Program. Theprogram is aimed at enhancing regional connectivity of South Sudan with its Eastern Africa neighbouring countries andaccess to sea ports. Thiswill be achieved through: increasing transport efficiency along the Juba-Nadapal-Eldoret corridorconnecting South Sudan to Mombasa port, and linking the new landlocked country, South Sudan, to an alternative sea port of Djiboutiand facilitating trade and development along the transport corridors. One of the program components, to be financed through a WorldBank credit to South Sudan, is the construction of a fibre optic cable alongside the road from Juba to Lokichoggio inKenya.
The construction of the fibre optic cable onthe South Sudan side will be coordinated by a Project Management Team (PMT) in the Ministry of Transport, Roads andBridges whereas its technical implementation will behandled by the Ministry of Telecommunications and Postal Services (MoTPS). It is proposed that the management of the fiber opticcable 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 ofTelecommunication andPostal Services (MoTPS) therefore intendsto 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 thefiber optic cable network and formulate legal instruments that will be required to operationalise thefibre optic network in thecountry.
Duties andresponsibilities; TheLegal and Commercial Expert will be required to work with the Program Coordinator and the ICT Component focal person to identifyand analyse legal issues relating to construction of fiber optic network. The key tasks include; i) AnalyseSouth Sudan's legal framework to establish whether there are changes that need to be made to the institutional, legal andregulatory framework in order to provide theright context forPPP in telecom sector; ii) Identify options for ownership, management and operation of the fibre optic cable network consistent with the prevailing legal framework in SouthSudan including possiblePublic Private Partnership(PPP) models for ownership, management or operationof fiber optic cable; and upon full consultation with allstakeholders, propose/recommend the most appropriate approach (including the best PPP model/ structure) in light of the South Sudan circumstances;iii) Assess legal and regulatory issuesapplicable to the proposed PPP structure including research on the license and regulatory requirements, taximplications and application of competition laws and regulation including proposal to avert monopoly (anti-competitive) practicesin relation to the provision of fibre-optic services; iv) Prepare requisite legal transaction and operatingdocuments for theownership, management and operation of the fibre optic cable network andrelated future infrastructure assets consistent with South Sudan law basedupon the agreed upon PPP structure; v) Prepare structures of PPP Company in terms of ownership, minimum andmaximum shareholdings, and rights regarding access to capacity and/or dark fibre with attention to safeguards against monopolycontrol and define capital structure; vi)Prepare a contract to hire an operator to maintain and operate the fibre opticassets,under the management of the PPP; vii) Identify and analyze any potential legal and commercial issuesassociated with the cross-border implications of the fiber optic cable and preparenecessary documents for consideration by the MoTPSmanagement; viii) Assess capacity and appetite for private actor to participate in the PPP structures; andAssess commercial, financial viability of various PPP structures and propose a business model for the operation of the recommendedPPP structure.
Selection Criteria: The selection shall be conducted based on qualification and experience of thecandidates and followedby an interview of the best successful candidates. The candidatesmust have: i) An Advanced University Degree in law or equivalent ; ii) At least 7 yearsof post-graduate professional experience relevant for the position in an international organization or public/private sector orbilateral cooperation; iii) Expertise in legal and commercial aspects of telecom sector; Experience in negotiations especiallyon public private partnerships; iv) Knowledge of regional countries and South Sudan laws; v) Excellent written and oral communication skills, in English, todeliver complex technical documents, and reports; vi) Experience in building productive internal and external relationships andworking productively in a team environment; and vi) Excellent computer skills is required.
It is expected thatthe consultant will work for a total of40 working days from signing of contract, over an elapsed time of around six months, with at least two missions to Juba of one-twoweek's duration, combined with meetings in Nairobi.
The Ministry of Telecommunication and Postal Services (MoTPS) now inviteseligible 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 andfurnish the Curriculum Vitae (CV) to the addressbelow.
The attention of interested Consultants isdrawn to paragraph 1.9 ofthe World Bank's Guidelines: Selection and Employment ofConsultants 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 accordancewith the procedures set out in the World Bank's Guidelines: Selection and Employment ofConsultants 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 addressbelow.
Ministry of Telecommunication andPostal Services
Republic of SouthSudan
ICT ?Focal Person,
Juba, South Sudan, E-mail: firstname.lastname@example.org; email@example.com;firstname.lastname@example.org