Georgia - Mining Sector Development Programme Phase II - Legislative Framework Development

Location:

Georgia

Business sector:

Natural resources

Project number:

79052

Funding source:

EBSF - EBRD Shareholder Special Fund

Contract type:

Consultancy Services

Notice type:

Invitation for expressions of interest (CSU)

Issue date:

25 Jun 2019

Closing date:

24 Jul 2019   at  17:00   London

Access eSelection

Single stage open competitive selection

Background: The Government of Georgia (the "Government") wishes to see the mining sector make a more fulsome contribution to the economy and public finances, and has identified the sector as a priority area of focus for reform and development efforts. With the above in mind, the Government has committed to the modernisation of the legislative framework to the extent necessary to implement sector policy and adopt international best practice into Georgia. Overhaul of the sector legislative base is pillar two of at a three pillar programme of development which the Government has committed to. Those three pillars are: (i) preparation of a policy for responsible development of the sector; (ii) renewal of the legislative framework for the sector based on the new policy; and, (iii) ensuring efficient and effective implementation of policy and law through institution strengthening and capacity building for relevant responsible agencies of state.

To help achieve its goals for the sector, the Government has requested the support of the European Bank for Reconstruction and Development (the "EBRD" or the "Bank"). In response, the EBRD has agreed to support the Government with a programme of technical cooperation (the ‘Programme’). This Programme has three phases, mirroring the pillars of Government reform. Phase I has already been completed and the main output of that phase, a Mining Sector Policy ("the New Policy"), should soon be approved by the Government. The Government now wishes to move to Phase II of the Programme. Assignment Description:

EBRD intends to select and contract a consulting company (the "Consultant") to carry out Phase II of the Programme to update and supplement the primary and secondary legislation for the sector (the "Assignment").

The objective of the Assignment is to design, adopt and operationalise a comprehensive, clear and transparent legislative framework to support and enable implementation of the New Policy.

Tasks: Among the tasks the Consultant will perform within this Assignment will be:
a) Prepare a Legislative Review and Gap Analysis
b) Prepare a Legislative Drafting Action Plan
c) Prepare draft law texts, accompanying memoranda and a comprehensive sector glossary
d) Prepare a regulatory impact analysis
e) Provide support in the preparation and adoption of legislation
f) Organise and help host public events

Full Terms of Reference (TOR) of the Assignment can be found here: http://www.ebrd.com/documents/legal-reform/georgia-mining-sector-development-programme-phase-ii-legislative-framework-development.pdf

Consultant Selection Procedure: Single stage open competitive selection. Interested firms or groups of firms are invited to submit a Technical and Financial Proposal.

Assignment Start Date and Duration: The Assignment is expected to start in September 2019 and has an estimated overall duration of 12 months. The Assignment may be extended beyond the current work scope subject to availability of funding and satisfactory performance of the consultant.

Maximum Budget Available: EUR 475,000.00; 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 Bank's special status as an IFI and state this to the Bank in their financial proposal. 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 anticipated that the assignment will be financed by the EBRD Shareholder Special Fund. Selection and contracting are subject to the availability of funding.

Eligibility Restrictions: There are no eligibility restrictions based on the consultant's country of origin.

Consultant Profile: Corporate Services are required. The Consultant will be a firm or a group of firms with previous project experience related to policy and strategy development in the mining sector.

The Consultant's expert team is expected to include the following key experts (the 'Key Experts'):

- Key Expert 1: Team Leader/Senior lawyer with preferably 15 years’ proven professional experience in advising on policy and strategy development in the mining sector, in particular drafting extractive sector legislation and supporting its passage through the approval process;
- Key Expert 2: Support Lawyer(s) with qualification to practice in Georgia and preferably 7 years’ or more proven experience in the mining sector in Georgia, in particular drafting extractive sector legislation and supporting its passage through the approval process;
- Key Expert 3: Mining Sector Specialist(s) – with preferably 5 years’ or more previous professional experience in economic , financial, technical, environmental and licensing matters related to the mining sector,

While individual sector specialists can cover more than one discipline area of expertise offered, expertise of each firm in these areas must be substantive.

In-country time commitment: The majoriy of the Assignment can be performed remotely, however the team leader and relevant team members will be required to spend specific project time in Georgia. Internationally based team members will be required to work on-site in Georgia for a minimum of 20% of project time and to be generally available during the course of the project to respond to queries.

Submission Requirements: Qualified firms are now invited to submit a completed Technical Proposal as per the standard templates and instructions available at this link: http://www.ebrd.com/documents/procurement/single-stage-package.docx. Interested Consultants should make themselves familiar with these Standard Templates, Standard Instructions and Conditions of Contract in preparation of their proposals.

1. The Technical Proposal shall be submitted in English electronically via eSelection not later than the Closing Date, as one single PDF file. The technical proposal should not exceed 15 pages excluding the Declaration Form and CVs (Form 1- TP 1 and Form 1 – TP 6).

2. The Financial Proposal (Form 2 – FP 1 and FP2) shall be submitted in English separately by email only to the Bank Contact Person. Consultants are reminded of the requirement to ensure the confidentiality of the Financial Proposals.

3. A Technical Proposal that contains elements of a financial proposal shall be declared non-responsive.
A Financial proposal submitted together with the technical proposals via e Selection shall be declared non-responsive.

Bank Contact Person:
Viv Lewis-Headlam
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
e-mail: lewishev@ebrd.com

Deadline to Submit Clarification Questions: Via e-mail to the Bank Contact Person by 17 July 2019.

Selection Method and Evaluation Criteria:

Technical Proposal Evaluation Criteria

- Firm's previous project experience in similar assignments (20%)
- Quality of the methodology proposed for the Assignment (30%)
- CVs of the Key Experts (50%).

The minimum technical score (St) required to pass is 70.

Opening of Financial Proposals: After the technical evaluation is completed, only the submissions which score 70 or above of the total marks available for the technical criteria will be eligible to have their financial proposals opened.

Combined Technical and Financial Evaluation: The lowest evaluated Financial Proposal (Fm) is given the maximum financial score (Sf) of 100. The formula for determining the financial scores (Sf) of all other Proposals is calculated as follows:

Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest evaluated Financial Proposal, and “F” the price of the Proposal under consideration.

Proposals are then ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = 80; F = 20) T + F = 100 as follows: S = St x T% + Sf x F%.

Important Notes:
1.The proposal validity period is 120 days from the deadline date for the receipt of submissions. During this period, the Consultant shall maintain its original Proposal without any change, including the availability of the Experts, the proposed rates and the total price.

2.The selection will be made from the Proposals received in response to this notification only, on the basis of the submission requirements and selection criteria set out in this Procurement Notice. The highest-ranked Consultant will be selected and invited to negotiate the contract, subject to availability of funding.

3.Any updates of and clarifications on this procurement notice shall be announced as updates on this notice, without any other notification. In the event of changes consultants will need to download the updated versions. Consultants are required to periodically check the notice for updates. Failure to take the updates into account while preparing the Proposal may result in disqualification or penalties to the scores in the evaluation.