Advancing Regional Integration through Competative Markets and Empowered Consumers.
The Commission is looking for a qualified professional consultant to assist with the recruitment process for the following four professional posts tenable at its office in Lilongwe, Malawi.
RFP REFERENCE: CCC/RFP/11/07/2022
1. BACKGROUND
The COMESA Competition Commission (CCC) is established under Article 6 of the COMESA Competition Regulations (“the Regulations”). The Regulations were promulgated by the COMESA Council of Ministers (“the Council”) in 2004 under Article 55 of the COMESA Treaty (“the Treaty”).
Pursuant to Article 2 of the Regulations, the Commission is mandated to promote and encourage competition within the Common Market by, inter alia, preventing restrictive business practices that deter the efficient operation of markets thereby facilitating the regional integration agenda. The ultimate goal of the Regulations is to enhance the welfare of consumers in the Common Market by protecting them against anti-competitive conduct by market actors. The Commission’s core focus areas under the Regulations include investigation of anti-competitive business practices and conduct; mergers and acquisitions; and consumer rights violations. In order to implement its mandate under the Regulations, the Commission regularly engages and cooperates with the Member States through sensitization, advocacy programmes, capacity building, technical assistance and provision of advisory opinions.
The Board of Commissioners of COMESA Competition Commission approved a Risk Policy in April 2019 to ensure effort is made by the Commission to manage risk appropriately, to maximise potential opportunities and minimise the adverse effects of risk. The Commission is mindful that it has grown in recent years and that there is need to review it risk management framework by reviewing the provisions of the current risk policy and implementing them thereafter.
2. OBJECTIVES OF THE ASSIGNMENT
The first objective of the assignment is to develop a Risk Management Framework that incorporates the requirements of the provisions of the Risk Policy such as risk register, detailed risk assessment guidelines and risk mitigation measures. The second objective is to review the internal processes of CCC and evaluate the adequacy and effectiveness of internal controls. The assignment will focus on the following specific areas:
a) Develop CCC’s risk management framework (this involves the review of the Risk Policy and development of the terms of reference for the Risk and Audit Committee of the Board).
b) Review internal processes and evaluate the adequacy and effectiveness of CCC’s internal controls
The Consultant should develop a risk management framework that will provide a foundation for designing, implementing, monitoring, reviewing and continually improving risk management processes of the Commission. The consultant will also review internal processes and the adequacy and effectiveness of internal controls in relation to the changes that the Commission has undergone (from inception in 2013 to date) in order to increase organisational performance through improved processes and efficient use resources.
The Consultant’s report and its recommendations will be presented to the CCC Risk and Audit Committee through the Director and Chief Executive Officer for their consideration and adoption.
3. SCOPE OF WORK AND TASKS
The consultant will adopt the Comprehensive Assessment Model (CAM) in carrying this assignment. CAM is an innovative methodology that provides for integrated assurance. This assurance is based on the evaluation of internal controls and the risk management processes, considering all pertinent business and governance objectives, through a unified and unique assessment approach. CAM brings together a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, internal controls, and governance processes.
The consultant will carry out the following specific tasks:
3.1 Develop a risk management framework for CCC
3.1.1 Review the Risk Policy for CCC and propose updates and amendments to align it with internal and external developments
3.1.2 Develop detailed risk assessment guidelines that enhances uniformity in risk identification, evaluation, and prioritization. This will be followed by coordinated and economical application of resources to mitigate and monitor the probability or impact of the risks.
3.1.3 Identify the risks (both corporate/strategic and operational] that can affect CCC. This will involve determining risks that could potentially prevent CCC from achieving its objectives and documenting their characteristics.
3.1.4 Perform an in-depth analysis of the risks identified in 3.1.3 in order to determine their severity. The Consultant is expected to adopt both the qualitative (subjective tools and techniques, based on the experience and professional judgement of the Consultant, used to decide which risks to focus on) and quantitative (objective tools and techniques that use numerical analyses to assess the impact of a risk) techniques in determining the severity of the risks.
3.1.5 Develop appropriate responses to CCC’s risks and clearly advising management on the best option of managing the risks out of the four categories of risk treatment [avoidance (eliminate, withdraw from or not become involved), reduction (optimize – mitigate), sharing (transfer – outsource or insure), retention (accept and budget)]
3.2 Perform an evaluation of the existing internal controls
The Consultant will perform the evaluation with guidance from the Comprehensive Assessment Model and these will be done in three major categories as follows:
3.2.1 Evaluate the design of the internal controls
The evaluation of the adequacy of the design of the internal control system must consider the relevance of addressed control objectives and the attributes of the controls designed to achieve them. The Consultant must evaluate the internal control system of CCC against:
a) Relevance: the level to which the control activity addresses the pertinent control objective under analysis
b) Timeliness: how long it takes for controls to respond to negative events.
c) Strength: the strength of a control is determined by a series of factors that influence the probability of control effectiveness should related risks arise
d) Coverage: the level in which all significant risks are addressed.
3.2.2 Evaluate the performance of the internal controls
After determining the adequacy of the internal controls, the Consultant will evaluate the performance of the controls by performing the following:
3.2.3 Evaluation of the controls’ cost-effectiveness
Evaluation of the controls’ cost-effectiveness will be performed after the assessment of the design and performance. The main objective is to determine the reasonableness of the overall balance between effectiveness of controls and the cost of controls. The consultant will perform the following assessments:
4. EXPECTED OUTPUTS
4.1 An updated risk policy for CCC
4.2 Detailed risk assessment guidelines that give clear guidance on risk identification, measurement (development of assessment criteria), recording, risk evaluation (ranking based on probability and impact), responses and continuous monitoring (specifying review intervals)
4.3 Risk register which will be used as a risk management tool to fulfil regulatory compliance with the Risk Policy. The risk register will be a repository for all risks identified and includes additional information about each risk, e.g., nature of the risk, reference and owner, mitigation measures). Specifically, the following items have to be included in the risk register:
a) Two distinct sections for corporate/strategic risks (risks that affect the achievement of the Commission’s mandate) and operational risks (risks that are related to the day-to-day delivery of divisional operations).
b) Each section in a) above should have the following subsections: governance, financial, political, legal, regulatory, information and technology and human resources
c) Each risk should have the following details: identification number, brief description, category (internal or external), probability, impact, rating, required action and responsible person
4.4 Evaluation report on the internal controls of CCC. The report should contain, recommendations on the design of the internal controls, functioning and performance of the internal controls and the cost-benefit analysis of the controls.
5. GEOGRAPHICAL SCOPE
The consultant will be expected to carry out the assignment in Lilongwe; Malawi at the COMESA Competition Commission offices in Kang’ombe Building. This consultancy entails the review of the Commission’s internal controls among other things which may not be properly undertaken virtually. The consultant is therefore expected to undertake this exercise largely physically.
6. METHODOLOGY
The consultant will perform the assignment by conducting interviews with CCC staff and reviewing documentation at the CCC offices. A DRAFT report shall be shared with CCC Director and Chief Executive Officer for review and comments before being finalized.
7. PERIOD OF EXECUTION
The period of execution of the contract starts from the date of the signing of the contract and is estimated to take 60 calendar days from the date of contract signing by the last party.
The table below shows the expected activities and the timeline for the assignment.
REFERENCE NUMBER: CCC/REOI/10/01/2022
PROCUREMENT ENTITY: COMESA COMPETITION COMMISSION
LOCATION: LILONGWE, MALAWI
OCTOBER 2022
CONSULTANCY SERVICES FOR THE DEVELOPMENT OF TENDER DOCUMENTATION FOR THE DESIGNING, CONSTRUCTION AND SUPERVISION OF THE COMESA COMPETITION COMMISSION OFFICE BUILDING AND OTHER ASPECTS RELATED TO THE PROJECT
The procurement method used for this call for Expression of Interest is Request for Proposals as defined in the COMESA Competition Commission Procurement Rules.
The Deadline for the submission of Expression of Interests at the address and email address indicated below is 18 November 2022 at 13:00 Hours Malawi Local Time.
COMESA Competition Commission
Procurement Unit
Kang’ombe House, Floor 5
P O Box 30742
Lilongwe
Malawi
E-mail: agmkandawire@comesa.int; with a copy to: compcom@comesa.int
This deadline applies to both electronic submission (e-mail) and/or hand delivered, registered mail or courier service. Expression of Interests received after the deadline will be automatically rejected, and there shall be no exception on this.
The Expression of Interest shall indicate the reference number of the call and the name of the Applicant and shall bear the subject:
“EXPRESSION OF INTEREST – CONSULTANCY SERVICES FOR THE DEVELOPMENT OF TENDER DOCUMENTATION FOR THE DESIGNING, CONSTRUCTION AND SUPERVISION OF THE COMESA COMPETITION COMMISSION OFFICE BUILDING AND OTHER ASPECTS RELATED TO THE PROJECT (REF: CCC/REOI/10/01/2022)”.
All notifications concerning this procurement process, including modification of the results of the evaluation of the EXPRESSION OF INTEREST or cancellation notices, will be published on the COMMISSION’s website: https://comesacompetition.org/
COMESA Competition Commission
Procurement Unit
Kang’ombe House, Floor 5
P O Box 30742
Lilongwe
Malawi
E-mail: agmkandawire@comesa.int; with a copy to: compcom@comesa.int
Short descriptions of the assignments including more details on the scope of the contract are provided in the Terms of Reference.
Candidates successfully fulfilling the eligibility assessment will undergo a Qualitative Assessment scored on the basis of the criteria in the following table:
Click here to download the full details regarding the Request for Proposal: CCC/RFP/1/1/2023
I. BACKGROUND
1. The COMESA Competition Commission (“the Commission”) is a regional body corporate established under Article 6 of the COMESA Competition Regulations 2004 (“the Regulations”) promulgated under Article 55 of the Treaty Establishing the Common Market for Eastern and Southern Africa (“COMESA”). The Commission has the legal capacity required for the performance of its functions under the Regulations in the territory of each COMESA Member State.
2. The Commission’s core mandate is to promote and encourage competition by preventing restrictive business practices and other restrictions that deter the efficient operation of markets, thereby enhancing the welfare of the consumers in the Common Market, and to protect consumers against offensive conduct by market actors. The Regulations apply to all economic activities whether conducted by private or public persons within or having an effect within the Common Market. Such conduct includes anti-competitive business practices, agreements, mergers & acquisitions, and consumer protection violations which have an appreciable effect on trade between Member States and which restrict competition in the Common Market. The Regulations also specifically prohibit all agreements between undertakings, decisions by associations of undertakings and concerted practices as incompatible with the Common Market in so far as they may affect trade between Member States and have as their object or effect the prevention, restriction and distortion of competition within the Common Market.
3. The Commission’s mandate as provided under Article 7 of the Regulations amongst others include:
3.1. Help Member States promote national competition laws and institutions, with the objective of the harmonisation of those national laws with the regional Regulations to achieve uniformity of interpretation and application of competition law and policy within the Common Market;
3.2. Co-operate with competition authorities in Member States;
3.3. Co-operate and assist Member States in the implementation of its decisions; and
3.4. Provide support to Member States in promoting and protecting consumer welfare.
4. Ethiopia is one of the 21 COMESA Member States which enacted the Trade Competition and Consumer Protection Proclamation No.813/2013 in 2014 (TCCPP No.813.2013) for the purpose of protecting markets from anti-competitive and unfair market practices as well as consumers from unfair trading conditions. An institution namely the Trade Competition and Consumer Protection Authority (TCCPA) was also set up to enforce the law. Other laws enforced by the institution included the Trade Practice and Consumer Protection Proclamation No 685/2010. However, in March 2022, Proclamation No.1263/2021 was enacted which transferred the powers and liabilities of the TCCPA to the Ministry of Trade and Regional Integration (MoTRI). Under section 22 of Proclamation No.1263/2021, MoTRI has powers and duties to:
i. Perform trade competition and consumer protection functions; (Section 22(o))
ii. “Implement powers and duties, other than adjudication, entrusted to Trade Competition and Consumer Protection Authority under the Trade Competition and Consumer Protection Authority Proclamation No.813/2013”; (Section 22(q)).
5. Further, under Section 105 (4) of Proclamation No.1263/2021, the provisions of the laws relating to the establishment of the TCCPA under the TCCPP No.813.2013 became inapplicable while their rights and obligations were transferred to MoTRI as stipulated under Section 106 of the same Proclamation.
6. Following the changes in the institutional set up relating to the enforcement of competition and consumer protection laws and the changes in officers to enforce the law, there is need to conduct intensive training for members of staff on the enforcement of competition and consumer protection law. To support the effective enforcement of competition and consumer protection laws under MoTRI, there is need to develop a Strategic Plan that will guide the enforcement of the law.
7. There is further need to review and propose amendments to the national competition and consumer protection laws. Ethiopia as a COMESA Member State appreciates that the main objective for the regulation of competition and consumer protection by public authorities is to promote and ensure competitive markets at national level and protect consumers in the Common Market in accordance with Article 55 of the COMESA Treaty. Member States have the obligation to take necessary measures to establish a Common Market based on the four fundamental principles namely: the free movement of goods, the free movement of persons, the free movement of services and the free movement of capital. However, to achieve sustained and effective economic integration, there should be a movement towards the harmonisation of legal rules. It is within this framework that the national competition and consumer protection laws in Ethiopia need to be reviewed and amended.
8. Premised on the foregoing, the Commission and Ethiopia Ministry of Trade and Regional Integration, (hereafter referred as MoTRI) is seeking to engage a Consultant to assist Ethiopia in training members of staff undertaking work on competition and consumer protection matters in MoTRI, Assist MoTRI in the development of the Strategic Plan and Review and amend the national competition and consumer protection laws.
II. OBJECTIVES OF CONSULTANCY SERVICES
9. The main objectives of the Consultancy services are as follows:
i. To provide training to members of staff of MoTRI responsible for enforcing the competition and consumer protection laws. The training is expected to build the capacity of the members of staff in effectively enforcing the laws.
ii. To develop a five year strategic plan which will guide MoTRI on the implementation of the competition and consumer protection laws.
iii. To analyse all the legal provisions of the competition and consumer protection laws and the competition and consumer protection policy that currently exist at national level and propose amendments to the laws that ensure that the laws meet the standards of international best practice, are consistent with other Ethiopian laws on the subject and that they take into account Government policy. The amendments are also expected to harmonise the Ethiopian competition and consumer protection laws with the Regulations in order to achieve uniformity of interpretation of the two laws.
III. SCOPE OF THE CONSULTANCY SERVICES
10. To fulfil the purpose and objectives of the Consultancy Services, the Consultant is expected to perform the following non-exhaustive undertakings:
REVIEW AND AMENDMENT OF THE COMPETITION AND CONSUMER PROTECTION LAWS
10.1. Review the current competition and consumer protection legislation and recommend the necessary amendments.
10.2. Harmonise and modernise the legal provisions on competition and consumer protection at national and regional level;
10.3. Recognise and expressly give legal effect to the COMESA Competition Regulations in Ethiopia;
10.4. Hold consultative meeting(s) (whether in-person or virtually) with the stakeholders and, where deemed relevant, with the Commission and MoTRI and specified stakeholders in order to gather their preliminary views on the national competition and consumer protection policy, law review process and amendment;
10.5. Hold a validation workshop for the adoption of the recommended amendments of the review of the law.
DEVELOPMENT OF THE FIVE (5) YEAR STRATEGIC PLAN
10.6. Review the current enforcement of the competition and consumer protection laws in Ethiopia and develop a logical framework in line with outputs of programmes by specific units.
10.7. Conduct interviews with staff and any other relevant stakeholders to ascertain the challenges faced in implementing the competition and consumer protection laws and what actions have been taken to address these challenges.
10.8. Develop a Strategic Plan that will ensure the effective enforcement of the national and regional competition and consumer protection laws in Ethiopia.
TRAINING FOR MEMBERS OF STAFF
10.9. Be attached to MoTRI for at least 3 months to provide hands on training to the members of staff of MoTRI responsible for enforcing competition and consumer protection law, the training will include the following:
i. Investigations and assessment of national and regional merger transactions in line with the national and regional competition laws.
ii. Investigations and assessment of anti-competitive business practices in line with the national and regional competition laws.
iii. Investigations and assessment of consumer protection violations in line with the national and regional consumer protection laws.
iv. Undertaking market inquiries and studies within Ethiopia.
v. Anything incidental or connected to the foregoing.
IV. EXPECTED RESULTS
11. To attain the objectives, the Consultant, under the supervision of the Commission and MoTRI are expected to come up with the following results:
REVIEW AND AMENDMENT OF THE COMPETITION AND CONSUMER PROTECTION LAWS
11.1. The national legislation on competition and consumer protection reviewed, necessary amendments drafted;
11.2. The relevant stakeholders consulted for their views and input into the amendments to the law;
11.3. The national competition and consumer protection legislation updated and harmonised with the COMESA Competition Regulations to ensure consistency;
11.4. The COMESA Competition law recognised and given legal effect in Ethiopia;
11.5. The necessary draft amendments to the national competition and consumer protection law prepared.
DEVELOPMENT OF THE FIVE (5) YEAR STRATEGIC PLAN
11.6. The current enforcement of the competition and consumer protection laws in Ethiopia reviewed and a logical framework developed.
11.7. Interviews with staff and any other relevant stakeholders to ascertain the challenges faced in implementing the competition and consumer protection laws and what actions have been taken to address these challenges undertaken.
11.8. Strategic Plan to ensure the effective enforcement of the competition and consumer protection law in Ethiopia developed.
TRAINING FOR MEMBERS OF STAFF
11.9. Member of staff responsible for enforcing the competition and consumer protection laws under MoTRI trained in:
i. Investigations and assessment of national and regional merger transactions in line with the national and regional competition laws.
ii. Investigations and assessment of anti-competitive business practices in line with the national and regional competition laws.
iii. Investigations and assessment of consumer protection violations in line with the national and regional consumer protection laws.
iv. Undertaking market inquiries and studies within Ethiopia.
v. Attending to matters that are incidental or connected to the foregoing.
Click here to download the full details regarding the Request for Proposal: CCC/RFP/1/1/2023
A. BACKGROUND
1. The COMESA Competition Commission (“the Commission”) is a regional body corporate established under Article 6 of the COMESA Competition Regulations 2004 (“the Regulations”) promulgated under Article 55 of the Treaty Establishing the Common Market for Eastern and Southern Africa. The Commission has the legal capacity required for the performance of its functions under the Regulations in the territory of each COMESA Member State.
2. The Commission commenced its operations on 14 January 2013 and is located in Lilongwe, Malawi. The Commission’s core mandate is to promote and encourage competition by preventing restrictive business practices and other restrictions that deter the efficient operation of markets, thereby enhancing the welfare of the consumers in the Common Market, and to protect consumers against offensive conduct by market actors. The main functions of the Commission are to monitor markets and investigate anti-competitive business practices, control mergers and other forms of acquisitions in the Common Market and mediate disputes between the Member States concerning anti-competitive conduct.
3. The Commission wishes to develop an Electronic Filling and Case Management System (EFCMS) that provide a comprehensive system which facilitates the coordination, communication, and collaboration with the Commission’s clients and stakeholders through enhancing the efficiency and effectiveness of the operations of the Commission in the case filing organization, preservation, retrieval, use, disposition, and access to public. This document is issued by the Commission, as a call for proposals to assist the organization engage the services of a consulting firmto provide consultancy services related to selection of appropriate IT business applications and hardware solutions, as well as corresponding IT service providers
B. SCOPE OF WORK
4. The Commission would like to adopt a structured approach towards the implementation of the EFCMS by leveraging the services of a specialist consulting firmwith regard to the planning, selection, and implementation phases of the project.
5. The envisioned scope of work to be undertaken by the specialist consulting firmduring the selection phase of the project includes, but not limited to the following domains.
5.1. Pre – feasibility study
5.1.1. Conduct a high-level review of all aspects of the Commission’s current IT infrastructure and service delivery environment (including back up and disaster recovery elements), and benchmark against generally accepted industry best practice. This will enable the Commission to develop a high level architecture of the Commission’s future state IT infrastructure and service delivery environment (including back up and disaster recovery elements). This architecture will also inform the Commission’s planning, as well as guide the process of generating relevant detailed requirements and capabilities Validate current operations and processes
5.2. System and infrastructure requirements
5.2.1 Work with IT unit to better understand the Commission’s strategy, with a view to developing an appropriate IT application and data/information architecture, as well as an implementation roadmap that considers organizational priorities, technological imperatives, and availability of resources.
5.2.2 Work with business units and users to develop high level current/future processes, based on available best practice models, that will inform detailed system requirements and functionality that should be delivered by the EFCMS.
5.3. Procurement and evaluation of proposal responses
5.3.1 Assist the Commission in preparing relevant documentation and manage the bidding/procurement process for both software and hardware elements, based on detailed requirements and applicable laws/regulations.
5.3.2 Engage with bidding IT solution providers to refine the future state IT infrastructure and service delivery environment (including back up and disaster recovery elements), and where necessary, account for the impact of refinements on submitted bid.
5.3.3 Assist the Commission in the negotiation and contracting process with selected IT solution providers, taking into account implementation roadmap.
5.4. Quality Assurance over system implementation phase
5.4.1 Review of pre-implementation design blueprints, to ensure alignment with envisioned processes.
5.4.2 Technical review of the implementation work (methodology, documentation etc.) to ensure appropriateness and alignment with prescribed methodologies.
5.4.3 Technical review of the system during the build phase (configurations, set-ups, customizations etc.).
5.4.4 Support the Commission undertake User Acceptance Testing (UAT), which will include training of users (based on best practice methodologies) and use of recognized tools to better manage the testing process.
5.4.5 Ensure quality of deployment of IT infrastructure and service delivery environment; and
5.4.6 Provide general project management oversight over all solution providers, across all project milestones
5.5. Other related matters
5.5.1 Work with the Commission on other project related matters such as establishing an appropriate structure, deploying a robust and responsive system and integrating the implemented system with the Commission website with ECMS portal page.
C. OBJECTIVES
6. The specific objective of the consultancy service is to supervise and assure quality in the development of the EFCMS which is expected to provide the following
6.1. Replace the Commission’s current manual internal Case Management systems to a single, open automated architecture system that will provide improved communication across the Commission
6.2. Develop electronic filing portal which can connect with the case Management System
6.3. Ensure that the electronic filing portal connects to the Commission’s Website
6.4. Provide easy access to information and an intuitive end-user reporting system
6.5. Enhance the ability to support management decision making based upon access to accurately and timely information
6.6. Have a robust workflow engine that will allow business process configuration unique to the needs of each Divisions of the Commission
6.7. Reduce redundant data entry, reduce paper flow, and streamline best practices
6.8. Robust document management and storing within the Case Management System
6.9. Ability to integrate with other current/future systems, as appropriate
6.10. Deploy a robust, and scalable IT infrastructure and service delivery environment enabling the EFCMS
6.11. Train and equip System Users and Administrators as appropriate
D. CONTENT AND FORMAT OF PROPOSAL
7. The bidder’s proposal format should emphasize clarity and brevity in describing an understanding of the project, approach to each task, schedule, budget, and personnel experience.
8. The submission must include the following information:
8.1. Letter of introduction
8.2. Description of the approach, methodology and work plan for performing the work required to complete the scope of work (such as in the format of a Gantt chart) indicating the timing proposed for each activity that will be part of this assignment
8.3. Company background including how long the company has been in business, brief description of the company’s size and organization
8.4. An outline of the roles of the principal, key support, and technical staff, including a description of relevant experience of the key personnel who will work on the Commission’s project
8.5. List of detailed information of at least three (3) and a maximum of five previous engagements undertaken within the last five years are of a similar to this assignment. The detail information of references and clients should include organization name, contact name, phone and email,
E. PRICING
9. All prices MUST be indicated in Unites States Dollars.
10. There will be no price variation contract after signing of the contract except upon mutual written agreement between the Commission and the successful bidders.
11. Financial Proposal: The bidder should identify rates which should be valid for the entire length of the assignment in United States Dollars (USD). The financial proposal should have:
11.1. Description and costs
11.2. Additional optional information about consulting firm products and services not covered in other sections of the proposal such as awards, newsletters, documentation, etc
11.3. The financial proposal to be provided should be exclusive of any form of taxes or charges to be imposed by the Government of Malawi or the local government of the bidder in COMESA Member States.
F. CRITERIA FOR EVALUATION OF PROPOSALS
12. Bidders must provide both Technical and Financial proposals. The evaluation shall be based on the following attributes:
12.1 Quality of the proposed approach to the project
12.2 Specific experience of the consulting firmrelated to the project
12.2.1 Experience in Quality Assurance for the system implementation.
12.2.2 Provide evidence through recommendation letters, contracts or Local Purchase Order from at least two client references on quality assurance assignments and IT project management.
12.3 Qualifications and competence of the key staff at least Bachelor’s Degree in Business Management or Information Systems or related field (attach copy of certificate)
12.4 At least 10 years of experience in Database Management, Database and Network Security.
12.5 At least 10 years of experience of the key staff in managing System implementation projects, supervision and quality assurance. Must provide evidence through recommendation letters of assignment of a similar nature.
12.6 Experience in designing, planning and implementing knowledge-related initiatives and executing/facilitating programs involving knowledge management or learning. Must provide evidence through recommendation letters (at least four (4) referees).
12.7 Experience in Process flow management system
12.8 Methodology of implementing the assignment to achieve the desired objectives.
12.9 Interpretation of consulting firm understanding of the scope of work
12.10 Technical ability to perform the required services with demonstrated experience of successful delivery of task of similar nature with regional or international organization.
12.11 The experience and reputation of the proposer as represented in the response and the quality of the references.
12.12 Composition of the proposed team with CVs of team members.
12.13 Cost of services. Fees and expenses will be a particularly important factor when all other evaluation criteria are relatively equal; and
12.14 Knowledge and experience in provision of Quality Assurance consultancy services to Competition Authorities.
13. The Technical proposal will be assigned a weight of 80% and the financial proposal will be weighted at 20%
13.1. The evaluation criteria shall be as follows
RFP: CCC/RFP/08/03/2021
1. BACKGROUND
1.1. The COMESA Competition Commission (“the Commission”) is a regional body corporate established under Article 6 of the COMESA Competition Regulations 2004 (“the Regulations”) promulgated under Article 55 of the Treaty Establishing the Common Market for Eastern and Southern Africa. The Commission has the legal capacity required for the performance of its functions under the Regulations in the territory of each COMESA Member State.
1.2. The Commission commenced its operations on 14th January 2013 and is located in Lilongwe, Malawi. The Commission’s core mandate is to promote and encourage competition by preventing restrictive business practices and other restrictions that deter the efficient operation of markets, thereby enhancing the welfare of the consumers in the Common Market, and to protect consumers against offensive conduct by market actors. The main functions of the Commission are to monitor markets and investigate anti-competitive business practices, control mergers and other forms of acquisitions in the Common Market and mediate disputes between the Member States concerning anti-competitive conduct.
1.3. The Commission’s website (https://comesacompetition.org/) is one of the organization’s key communication and outreach tools which was developed in 2011 and redesigned in 2014 with WordPress platform. Currently, an outdated website is in use and hosted on an external server. The Commission intends to update and enhance the functionality of the current website through improved mobile-responsive design, interactive functionality, and a more user-friendly Content Management System (CMS). In this regard, the Commission sends out the Request for Technical and Financial Proposal for interested firms to submit their proposals to redesign the Commission’s website.
2. SCOPE OF WORK
2.1. The Commission seeks a complete website redesign of its site https://comesacompetition.org/.The redesign of the website includes the following:
2.1.1. Provide and describe the approach for redesigning the website and provide information on how the project would be phased and managed including timeline deliverable
2.1.2. Undertake needs assessment or requirement gathering of the Commission’s website redesign through consultation with the Commission
2.1.3. Provide a Business Requirement document (BRD) of the Commission’s website based on the requirements gathered.
2.1.4. Propose the design of website and submit it to the Commission
2.1.5. Design the website based on the needs assessment (BRD) conducted
2.1.6. Submit the proposed design of the website to the Commission for review and incorporate the feedback of the Commission
2.1.7. Conduct a test of the approved design website in the presence of the Commission’s
2.1.8. Incorporate the comments presented on the test of the website from the Commission
2.1.9. Train and present the features of the website to the Commission’s relevant personnel and Management
2.1.10. Launch the website (go live) following the validation of the test site by the Commission and other stakeholders.
2.1.11. Host and provide support on the website
2.1.12. Provide a report manual on the features and management of the website
2.1.13. The schedule for task details of the proposed scope of services should reflect the completion dates presented in Section (5), timeline and deliverables
2.2. The Commission shall evaluate the proposed website presented by the Vendor and determine whether it is in line with the objectives, requirements, expectations, and task details outlined under Section 3 and 4 below. The Commission shall retain the rights to the designed and developed website and any customization of plug-ins. The Vendor shall submit a report in each phase of the assignment which shall be validated after consultation with the Commission. The project website launch date is by 10th July 2022.
3. OBJECTIVE, REQUIREMENTS AND EXPECTED OUTPUTS
Objective
3.1. The Commission is seeking to develop an enhanced, visually appealing website that is mobile-responsive, easy to navigate and provides the depth and breadth of current information that our stakeholders seek about our programs and services.
3.2. The requirements for the new site shall include but is not limited to the following:
3.2.1. Updated platform, functionality, navigation, and design
3.2.2. Mobile-responsive design
3.2.3. Integrated with internal (and external) databases to “feed” information to website
3.2.4. Integrated with responsible Division’s email account to enable users to file, notify, comment, provide complaints and interact with the Commission.
3.2.5. User-friendly Content Management System (CMS) with training for editors/users.
3.2.6. Advanced and fast “Search” functionality.
3.2.7. Website security and firewall
3.2.8 Provision of a platform to connect and integrate with the electronic case management system of the Commission
3.2.9 Create an organizational email using the Commission’s domain https://comesacompetition.org/
Desired Expectations
3.3. The website is expected to have the following functionality and tools:
3.3.1. Clean, clutter-free, modern design aligned with the Commission’s brand (which mainly consists of Commission’s logo, logo colours, tagline)
3.3.2. Clear, easy-to-use navigation which is understandable by all stakeholders
3.3.3. Mobile-responsive design optimized for all common internet browsers
3.3.4. Optimized design documents, videos, and images for fast loading
3.3.5. Search Engine Optimization (SEO) with ability to add search engine plug-in to administrative area
3.3.6. Robust, user-friendly CMS, which shall:
3.3.6.1. Be used by the Commission’s personnel to maintain and update the site, including access to all content for editing, uploading documents and creating new pages and links
3.3.6.2. Have at least three editors of the Commission
3.3.6.3. Include functionality to schedule release of pages
3.3.6.4. Include functionality to broaden the Commission’s website to include a link to multiple portals e.g., staff email, e-filing
3.3.6.5. Have news, Notices & Hearings features with searchable archives and functionality to schedule release of articles and reorder how they appear on the page
3.3.6.6. Accommodate varied content such as images, videos, spreadsheets, maps
3.3.6.7. Incorporate tools for tracking page/file updates and deletions
3.3.7. Integration of existing “CVS database” feed to display on website “Notify Me” functionality-subscribe for email updates and push out notifications
3.3.8. Ability to allow online submission of the forms of the Commission by external parties or stakeholders for complaints, applications, notifications etc.
3.3.9. Store all submissions to a database created for automatic archiving which can be retrieved and analyzed
3.3.10. Ability to host the Commission’s training programs
3.3.11. Input to add internal “Search” functionality
3.3.12. Operate as a dynamic database drive website that generates analyses/briefs and display on actions the editors make on the page
3.3.13. Print-friendly feature on each page
3.3.14. Social media integration on each page to the Commission’s social media accounts on Facebook, Twitter, YouTube etc
3.3.15. Incorporate Google Analytics and improve search ranking
3.3.16. Photos-Easy to load and display; mobile-responsive photo gallery; Flickr integration
3.3.17. Website security and firewall
3.3.18. Provide platform and capability to connect and integrate with case Management System
3.3.19. Build forms with a tool like gravity forms; submit forms online, “Contact us”, customer feedback surveys, etc
3.3.20. Load the content of the Commission rules and regulations on the website with advanced search functionality
3.3.21. Provide domain email for the Commission
3.3.22. Anything connected or incidental to the foregoing
4. TASK DETAILS
Phase One
4.1. Refine scope and technical specification
4.1.1. The Vendor will meet with the Commission’s web project team to refine the project scope, schedule and task details and specifications. The Vendor will conduct requirement gathering with all the Divisions of the Commission.
4.2. Define website functionality
4.2.1. The Vendor will meet with Commission’s web project team to define content needs, navigation, site functions and provide business requirement document. This task will include developing the website architecture and identifying the content management system that is appropriate for the Commission’s needs.
(Note: The Commission has identified WordPress as the platform; however, the Commission will consider similar open-source tools as a possible option with a well-supported and successful track record and high adoption rate with similar organizations.)
Phase Two
4.3. Develop design
4.3.1. The vendor will design two (2) concepts for homepage and up to two (2) internal/secondary pages to be reviewed by the Commission with up to three (3) revisions to the chosen design.
4.4. Development
4.4.1. The Vendor will use approved design and development platform (including the CMS) to build the site. The CMS will be presented, vetted and approved by the Commission. Vendor will install navigation, set up blank pages and transfer a sample of contents. for the Commission to approve. Following the approval of the site plan, a training will be provided by the Vendor to a group of administrators on the use of the CMS. Consequently, the Vendor will migrate existing and new content to the new site according to an agreed-upon timeline.
4.5. Testing
4.5.1. The Vendor will conduct comprehensive quality assurance testing on multiple browsers and mobile devices to ensure new site is responsive and all functionality is fully operational.
Phase Three
4.6. Review of Website and Training
4.6.1. The Vendor will navigate the Commission through the site and demonstrate the link, page set-up, homepage and internal/secondary page layouts, and a functionality review. Further, the Vendor will conduct a training for identified web editors of the Commission. The Vendor will provide the Commission with a user’s manual and site architectures. The Vendor will set up initial administrator passwords and demonstrate management of administrators and editors.
4.7. Launch
4.7.1. Following a completion of up to two rounds of punch list items, not to exceed 20 items from the training and review period, the Vendor will set up website on a hosted server and coordinate any needed changes to DNS entries and other technical requirements to make the new site live at https://comesacompetition.org/.
Phase Four
4.8. Ongoing Support
4.8.1. The vendor will provide contracted costs for routine updates. Provide maintenance schedule of the approved CMS by the Commission, including costs and a list of tasks accomplished during maintenance. For ongoing technical support such as building forms or using the CMS tools, include pricing and turnaround time.
5. TIMELINE AND DELIVERABLES
5.1. The assignment under phase one to phase three will be expected to be conducted within 180 calendar days (Six months) from the date of signing of contract. The assignment is expected to have the following outputs which shall be delivered in three phases.
RFP : CCC/RFP/7/3/2022
I. BACKGROUND
3.1. Help Member States promote national competition laws and institutions, with the objective of the harmonisation of those national laws with the regional Regulations to achieve uniformity of interpretation and application of competition law and policy within the Common Market;
3.2. Co-operate with competition authorities in Member States;
3.3. Co-operate and assist Member States in the implementation of its decisions; and
3.4. Provide support to Member States in promoting and protecting consumer welfare.
II. OBJECTIVES OF CONSULTANCY SERVICES
III. SCOPE OF THE CONSULTANCY SERVICES
9.1. Hold consultative meeting(s) (whether in-person or virtually) with the stakeholders and, where deemed relevant, with the Commission and the Ministry and specified stakeholders in order to gather their preliminary views on the national competition and consumer protection policy formulation and law review process;
9.2. Develop a draft national policy to promote competition and consumer protection;
9.3. Review the current competition legislation against the draft competition and consumer protection policy and recommend the necessary amendments to ensure that the new policy is translated into the appropriate competition legislation;
9.4. Harmonise and modernise the legal provisions on competition and consumer protection at national and regional level;
9.5. Recognise and give legal effect to the COMESA Competition Regulations in Djibouti;
9.6. Add new provisions to complete the Djibouti Commercial Code;
9.7. Recommend the appropriate institutional structure for the creation of a national competition and consumer protection authority for the enforcement of the national competition and consumer protection law; and
9.8. Hold a validation workshop for the adoption of the recommended amendments of the review of the law.
IV. EXPECTED RESULTS
10.1. The relevant stakeholders consulted for their views and input into the competition policy formulation and law review process;
10.2. The national legislation on competition and consumer protection reviewed in line with the developed national competition and consumer protection policy and necessary amendments drafted and recommended;
10.3. A draft national policy for the promotion of competition and consumer protection developed;
10.4. The national competition and consumer protection legislation updated and harmonised with the COMESA Competition Regulations to ensure consistency;
10.5. The COMESA Competition law recognised and given legal effect in Djibouti;
10.6. The necessary draft amendments to the national competition and consumer protection law prepared; and
10.7. Recommendations made on the appropriate structure of a competition authority to be created for the enforcement of the national competition law.
V. DELIVERABLES
11.1. Submit an Inception Report to the Commission and the Focal Point of the Djibouti Ministry including the conclusions of the consultative meetings, the first draft National Competition and consumer protection Policy, inventory of the areas in the national competition and consumer law identified for review, the justifications for the review and the proposed draft amendments to the national competition and consumer protection law.
11.2. Prepare the Second draft Report highlighting the comprehensive draft amendments of the national competition and consumer protection law, in line with the aforementioned objectives, scope of work and expected results, following the consultative meetings and submit this Second draft Report to the Commission and Focal Point of the Djibouti Ministry of Trade for their comments, ensuring that the comments and the views of the Commission and the Ministry well addressed in the report.
11.3. Present the draft national competition and consumer protection policy and draft amendments of the national competition and consumer protection law to the key stakeholders for validation.
This serves to notify prospective bidders that the COMESA Competition Commission (the Commission), wishes to issue this addendum amending the re-advertised Request for Proposals, RFP Number: CCC/RFP/08/03/2021, posted on the Commission’s website www.comesacompetition.org on 2nd November 2021 regarding the website redesign and development of the COMESA Competition Commission as follows:
1.1. By the deletion of paragraph 6.2.10. under subsections (a)- (e) and the substitution of the following:
“The proposals must be submitted with a covering letter containing a confirmation and a description of how you have understood the Terms of Reference for the assignment. The bidders should also confirm and/or provide evidence that:
a.they have the legal capacity to enter the contract
b.they are not insolvent, in receivership, bankrupt or being wound up. Their business activities have not been suspended, and they are not the subject of legal proceedings for any of the foregoing.
c.they have fulfilled their obligations to pay taxes and social security contributions, and for that purpose, documentary evidence to be provided by the relevant authorities to demonstrate that the bidders have met their obligations.
d.that their servants, or agents have not offered any inducement to any employees of the Commission.”
2.1. By the deletion of paragraph 13.2 and the substitution of the following:
“You may wish to submit your proposal electronically via compcom@comesa.int complementary to the hard copy submission before the closing date. However, the electronic submission does not exclude the mandatory requirement of hard copy submission which is expected to be made withing the deadline”
3.1. Addition of the third paragraph that reads “Vendors who wish to attend the opening of the tender virtually may request the zoom link via eabraham@comesa.int on 23rd-November-2021 between 12 to 15 hours.” Therefore, paragraph 14 should read as follows:
“14. CLOSING DATE FOR SUBMISSION OF PROPOSALS AND OPENING OF BIDS
The closing date for submission of proposals is 23rd November 2021 at 12:00 hours MALAWI time. Proposals received after this date and time will not be considered.
Vendors or their authorized representatives are invited to attend the bid opening ceremony either physically or virtually on 23rd November 2021 at 15:00 hours Malawi Time at the Commission Offices, 5th Floor Kang’ombe House, Lilongwe
Vendors who wish to attend the opening of the tender virtually; may request the log-in zoom link details from eabraham@comesa.int on 23rd-November-2021 between 12 to 15 hours.”
4. Addition of the following annexes.
ANNEX 1: BID SUBMISSION SHEET
[This Bid Submission Sheet should be on the letterhead of the Bidder and should be signed by a person with the proper authority to sign documents that are binding on the Bidder.]
Date: [insert date (as day, month, and year) of bid submission]
Reference No: [insert Reference number]
To: The Chairman of the Procurement Committee
We, the undersigned, declare that:
We have examined and have no reservations to the Bidding Document.
We offer to provide the services in conformity with the Bidding Document for the [insert a brief description of the Services];
We hereby submit our bid which includes the following (to state the documents included);
Our bid shall be valid for a period of six months from the date fixed for the bid submission deadline in accordance with the Bidding Document, and it shall remain binding upon us and may be accepted at any time before the expiration of that period.
We are not participating, as Bidders, in more than one bid in this bidding process.
We do not have any conflict of interest and have not participated in the preparation of the project document for the COMESA Competition Commission.
Our Proposal is binding upon us, subject to modifications agreed during any contract negotiations, and we undertake to negotiate based on the staff proposed in our Bid.
We understand that this Bid, together with your written acceptance thereof included in your Letter of Bid Acceptance, shall NOT constitute a binding contract between us, until a formal letter of engagement is prepared and executed; and
We understand that you are not bound to accept the lowest bid or any other bid that you may receive.
Name: [insert complete name of person signing the Bid]
In the capacity of [insert legal capacity of person signing the bid]
Signed: [signature of person whose name and capacity are shown above]
Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]
ANNEX 2: BIDDER’S REFERENCES
Relevant Services Carried Out that Best Illustrate Experience
Using the format below, provide information on each assignment for which the Bidder, either individually or as a corporate entity or as one of the major firms within an association, was legally contracted.
Bidder’s Name: