The European Bank for Reconstruction and Development (the EBRD or the Bank) aims to provide technical assistance to the Government of Georgia with the development of the country’s first Energy Efficiency Law (the EE Law) (the Project). The Project would help Georgia to meet its commitments under the Energy Community Treaty and the EU Association Agreement and achieve the goals set out in the National Energy Efficiency Action Plan (NEEAP).
The NEEAP is a strategic policy document that sets the country’s overall and intermediate national indicative energy savings targets for the public and private sectors and proposes concrete measures and actions to meet these targets. The final draft of the NEEAP is currently discussed among the stakeholders and is expected to be adopted by mid-2017.
As a policy document, the NEEAP is effective only when it is effectively implemented. The Ministry of Energy has requested EBRD to assist the Government with the development of primary energy efficiency (EE) legislation implementing the policy measures expected to be endorsed by the Government in the NEEAP. This would include developing the legal and institutional setting for EE reflective of best practices, introducing procedures for ensuring adequate standards and further regulatory mechanisms for the implementation of the policy targets.
The Bank now intends to engage a consultant (the Consultant) to assist the Ministry of Energy with the development of the primary EE Law by (i) reviewing the measures prioritised by the Government in the NEEAP; (ii) reviewing the existing institutional and legal framework and providing recommendations on the preparation of the EE Law and other legislation necessary to ensure efficient implementation of the NEEAP in the Georgian legal context; (iii) drafting the EE Law and, as requested, drafting recommendations for the implementation of specific EE measures, such as EE measures in the industry sector; and (iv) carrying out related capacity building and promotion activities.
Specifically, the selected Consultant is expected to carry out the following services:
1.1. Comparative analysis:
1.1.1. Review the list of measures included in the NEEAP and prioritised by the Government and assess institutional and legal environment required for their successful implementation into the Georgian legal context;
1.1.2. Provide an analysis of similar legislation adopted in EU member states and ECT contracting countries (such as relevant experience in Bulgaria, Croatia, Romania and Western Balkan states), and carry out an assessment of the strengths and weaknesses as well as potential applicability of such institutional and legal in the Georgian environment.
1.1.3. Provide recommendations as to the structure, content and implementation of an EE Law and identify any areas in the legislation, which are inconsistent with international best practice, need to be brought in line with the new EE draft legislation and/ or which the Consultant considers could be made more effective.
1.1.4. Advise the relevant Ministry on any legal, institutional technical, social and financial consequences related to the introduction of an EE Law. The Consultant will recommend an appropriate strategy and approach in order to introduce the EE Law and facilitate its implementation.
1.2. Drafting the EE Law:
1.2.1. Work in close cooperation with the legal and regulatory experts of the relevant Ministries and advise them accordingly on the technical aspects of suggested legislative changes.
1.2.2. Draft the EE Law following experience from EU countries.
1.2.3. Ensure that the NEEAP, national energy strategy as well as any programmes of the government are reflected in the EE Law.
1.2.4. Where the existing secondary legislation and/or technical regulations essential to the effective implementation of certain aspects of the EE Law (such as energy supply, industry or other sectors) are not compatible with the proposed EE Law, the Consultant will draft the appropriate amendments to the existing legislation and will provide recommendations to the relevant Ministry/ state agency for their adoption.
1.2.5. Where the Georgian legal framework lacks the secondary legislation and/or technical regulations necessary for the effective implementation of the EE Law, the Consultant will provide recommendations to the relevant Ministry for their adoption.
1.2.6. Advise the relevant Ministry on related institutional, regulatory, commercial and technical considerations which will need to be taken into account if the EE Law is implemented.
1.2.7. Advise the relevant Ministry on the cost implication of the implementation of the EE policies
1.2.8. Discuss presented drafts with the relevant Ministry and make changes to the drafts as required.
1.2.9. Assess the strengths and weaknesses of the drafted legislation and its contribution to Georgia’s Nationally Determined Contribution (INDC).
1.3. Capacity Building and Promotion:
1.3.1. Provide the necessary expert support to the Ministry of Energy during each stage of the review and deliberation of the draft EE Law as requested, including during discussions at inter-ministerial meetings and parliamentary committees within the term of this assignment.
1.3.2. Raise awareness on the policy, legal and technical benefits of the adoption of a new EE Law.
1.3.3. Organise a public event together with the Ministry of Energy and Ministry of Economy and Sustainable Development to provide an open forum opportunity to discuss draft EE Law provisions and address enquiries and the interest of the general public and professionals.
1.3.4. Organise two workshops during the implementation of the Project to raise the awareness of the EE Law provisions among ministry experts and other policy-makers, as instructed by EBRD.
1.3.5. Promote the Project and the workshops by preparing and publishing articles, leaflets, press releases and articles for internal EBRD publications as instructed by EBRD.
The terms of reference for the Assignment can be accessed via the following link: http://www.ebrd.com/documents/technical-cooporation/tor-68737-georgia-ee-law.pdf
Please note the terms of reference may be subject to some further amendments.
A summary document of the key outcomes of the Action Plan can be accessed
Status of Selection Process: Interested firms or groups of firms are hereby invited to submit expressions of interest.
Assignment Start Date and Duration: The Assignment is expected to start in May 2017 and has an estimated overall duration of 14 months.
Cost Estimate for the Assignment: Between EUR 220,000- 250,000 (exclusive of VAT). The Consultant must determine whether any VAT would be chargeable on the services and the basis for that determination, without taking into consideration the special status of the Bank as an IFI and state this to the Bank in their response to the Invitation for Expressions of Interest. To the extent that a Consultant incurs input VAT on goods and services purchased in connection with the provision of services (e.g. VAT on airline ticket) which is not otherwise recoverable by the consultant from the local tax authority, the gross cost to the consultant of such expenses shall be treated as a reimbursable expense.
Funding Source: It is expected that the Assignment will be funded by the EBRD Shareholders Special Fund. Please note selection and contracting will be subject to the availability of funding.
Eligibility: There are no eligibility restrictions.
Consultant Profile: Corporate Services are required. The Consultant will be a firm or group of firms with substantive previous project experience in advising governments on energy efficiency matters, including the drafting of energy efficiency policy documents and primary legislation, in particular in EBRD's Countries of Operation, and extensive knowledge of best practices in this area.
The Consultant’s expert team is expected to include key experts as follows:
Key Expert No 1 - Senior International Policy/Legal Expert with preferably 10 years or more previous professional experience in policy and legal drafting and advisory expertise in working with countries members to the EU and Energy Community in harmonising their legislation with the EU EE acquis;
Key Expert No 2 - Senior International Energy Efficiency Technical Expert with preferably 10 years or more of previous professional experience in advising on the technical aspects related to the implementation of EU EE acquis and experience working with Energy Community signatories and candidate countries;
Ideally, the Team Leader should be either the Senior International Policy/Legal Expert or the Senior International Energy Efficiency Technical Expert and should be available to travel frequently to Georgia and spend time in Tbilisi in accordance to project needs.
Key Expert No 3 - Senior Local Legal Expert(s) with preferably 7 years or more previous professional experience in legal drafting expertise (preferably 7 years or more) and ideally with experience in and working on harmonising the Georgian legislation and practices with the EU EE acquis;
Key Expert No. 4 - Senior Local Energy Efficiency Expert(s) with preferably 7 years or more previous professional experience in advising on the technical aspects related to the implementation of EU Energy Community EE policy, regulations and standards;
Key Expert No 5 - Economic Expert with preferably 7 years or more previous project experience in economic and financial issues in EBRD countries of operation related to improving their energy and energy efficiency sector performance, including in-depth knowledge of EU and Energy Community policy and legislation, and experience in energy policy development and energy efficiency economics.
Non-key experts are expected to include sector experts, junior lawyers, trainers and event organisers etc. to provide local support for the Project implementation. All key and non-key experts should have good English language skills. Key Experts 3 and 4 and all non-key Experts should also be fluent in Georgian language.
Submission Requirements: In order to determine the capability and experience of Consultants seeking to be selected for this assignment, the information submitted should include the following:
1. Company/group of firms’ profile, organisation and staffing (max. 2 - 4 pages).
2. Details of previous project experience or similar assignments particularly undertaken in the previous five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided (if different from duration) , main activities, objectives (max. 6 - 8 pages).
3. CVs of key experts who could carry out the assignment detailing qualifications, experience in similar assignments, particularly assignments undertaken in the previous five years, including information on contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, main activities, objectives (max. 3 pages per expert).
4. A brief technical proposal with proposed approach/methodology for implementing the assignment (including a work plan with milestones for delivery of all tasks and deliverables), understanding of the Assignment and team input table with allocation of home and field days for each expert for the envisaged activities and full breakdown of costs (max 10 pages).
5. Financial proposal (total price) using the financial proposal template available via the following link: .http://www.ebrd.com/documents/technical-cooporation/tc-bocs-2017.xlsx.
6. Completed Consultant Declaration Form and Contact Sheet, the template for which is available from the following web-link:
The above information should not exceed 50 pages. The complete proposal (including CVs, Consultant Declaration and Contact Sheet) should be submitted, in English electronically through e-Selection, to reach the Bank not later than the closing date. The expression of interest shall be one file (pdf). The EBRD reserves the right to reject applications of firms submitting more than one file. Only if the permissible file size is exceeded (4MB), the Consultant may split the expression of interest into further files.
Bank Contact Person
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
Tel: +44 2073386000
Email: YooJ@ebrd.com (submissions should be sent through eSelection and not to this email address)
1. The selection will normally be made from responses to this notification only. The highest-ranked Consultant will be selected from a shortlist and be invited to negotiate the contract, subject to availability of funding.
2. The shortlist criteria are:
(a) Firm’s previous project experience in advising governments on energy efficiency matters, including the drafting of energy efficiency policy documents and primary legislation, in particular in the region of EBRD operations, and extensive knowledge of best practices in this area (25%)
(b) CVs of key experts No. 1 –5 4 (30%)
(c) Proposed approach to the assignment implementation, including work plan, methodology and team allocation (30%)
(d) Financial Proposal (total price) (15 %)
3. The methodology for calculating scores for financial proposals is as follows: The lowest evaluated Financial Proposals (Fm) is given the maximum financial score of 15. The formula for determining the financial scores of all other Proposals (Sf) is calculated as follows: Sf = 15 x Fm/F, in which "Sf" is the financial score, "Fm" is the lowest price, and "F" the price of the proposal under consideration.