CALL FOR APPLICATIONS (Open Tender)
TUVALU’S LEGISLATIVE REVIEW FOR ACCESSION TO THE PACIFIC EUROPEAN UNION ECONOMIC PARTNERSHIP AGREEMENT
Tuvalu conveyed its formal interest to the EU in acceding to the IEPA in 2022. Since then, it has participated as an observer during the PRISE-NATCO meetings, including forging closer bilateral engagements with the EU towards building the national capacities of Tuvalu’s public sector officials and institutional strengthening in facilitating a smooth transition towards the impending IEPA accession. Tuvalu is currently undertaking national consultations to review its MAO to the EU in line with reviewing its legislative framework to be fit for purpose for IEPA implementation under a parallel track with technical support from the EU. Tuvalu has also benefitted from support under the EU funded SPIRIT Project in consultancy to conduct a Cost benefit Analysis; development of her NIPA endorsed in January 2023 Nationally
Under the SPIRIT Contribution Agreement co-signed by the EU and the Pacific Islands Forum Secretariat on 7 January 2021, the fifteen PACP countries are classified into three categories. Category 1 countries comprise the four PACP parties to the IEPA of Fiji, Papua New Guinea, Samoa, and the Solomon Islands. Category 2 countries consist of PACP members who have formally notified the EU of their interest in acceding to the IEPA. Tonga and Timor Leste are the only two countries currently listed as Category 2 countries. In June 2022, Tuvalu also submitted its formal letter to the EU. Category 3 countries are those which have the potential to accede to the IEPA at a later time.
In the lead-up to the impending accession to the IEPA, it’s crucial to provide technical assistance to Tuvalu to enhance its domestic readiness to effectively implement the Agreement through strengthening institutional and legislative frameworks and human resource development or capacity building. This consultancy will focus on reviewing Tuvalu’s legislative framework and prescribe recommendations towards enable where necessary compliance of Tuvalu laws to IEPA, as well as identifying the human capacity constraints that need to be addressed towards meeting the mandatory legal commitments and the effective implementation of the IEPA. These intermediate objectives must be aligned towards the overall objective of increasing intra-regional and international trade leading to lifting the people of Tuvalu out of poverty, promoting women’s economic empowerment, improving rural livelihoods, and promoting sustainable and inclusive development in the medium to long term.
The purpose of the short-term consultancy is:
• Review and update Tuvalu’s legislative framework to facilitate Tuvalu’s compliance with its legal obligations under the IEPA and its effective implementation post-accession.
Scope of Work
The Consultant will deliver the following Key Result Areas (KRAs):
• Convene Inception Meeting (Project Manager).
• Submit Inception Report to Project Manager – Summary of discussions and key actions.
• Conduct a review of all relevant laws, statutes, regulations, and licenses related to the respective roles and responsibilities of the Government of Tuvalu under the existing legal text of the IEPA.
• Provide a design of institutional structures and arrangements that clarify the appropriate roles, responsibilities, staffing needs, funding sources, and legal, statutory, or licensing requirements of the identified key institutions to effectively implement the IEPA.
• Deliver a presentation to the Government of Tuvalu describing the legislative and/or administrative measures needed to formalise the regulatory institutions and arrangements that will provide the enabling environment to effectively implement Tuvalu’s future obligations under the IEPA.
• Revise all relevant laws, regulations, statutes, or licenses required to legitimise the appropriate regulatory institutions and arrangements.
• Design a training program for trade, customs, and other government officials that will allow them to fulfill their responsibilities post-accession.
• Submit a final draft of the Report and deliverables under KRA4 as the final draft within two business days after receiving comments from the Department of Trade representatives through the Project Manager, including learnings and risk analysis.
The Consultant must be an Expert in International Trade and Development, and should possess the following qualifications and experience:
Qualification and skills
Master or Postgraduate degree in international business, economics, law, or any other field relevant to the assignment.
Excellent communication, analytical, and report-writing skills.
General professional experience.
Minimum 8 years of relevant post-graduate professional experience in issues related to trade law.
Specific professional experience
Minimum 7 years of post-graduate experience in development of trade law and legal drafting work.
Proven working knowledge in national e-commerce & related policies, regulatory and/or legislative reforms and its implementation.
Demonstrated ability to facilitate consultative meetings with key stakeholders.
Expertise in conducting situation analysis and needs assessments related to reviewing legislation for compliance with trade agreements.
HOW TO APPLY
Submissions should be entitled:
[OPEN TENDER] – [REVIEW OF FEDERATED STATES OF MICRONESIA’S TRADE POLICY FRAMEWORK AND IMPLEMENTATION PLAN]
Method of Submissions:
Submissions must be forwarded in PDF format following the instructions at www.tenders.net/forumsec
Note: Tenders must be submitted with clear labelling of the technical offer and the financial offer. The Technical Offer documents must be saved and submitted clearly labelled “T.18.23 – Response Template”
The electronically submitted documents should be converted to the PDF format.
Deadline for Submissions:
Submissions need to reach the Secretariat by 4.30 pm, Monday 1st May 2023
Late or incomplete tenders will not be considered.
Questions and Answers
All queries or request for information must be submitted via the Question and Answer Forum at www.tenders.net/forumsec . Tenderers may submit questions in writing to the mentioned Question and Answer Forum before the stated “deadline for requesting clarifications” at 4.30 pm, Friday 28 April 2023. The Secretariat has no obligation to provide clarification after this date.
Note: The Secretariat will not be responsible for non-receipt/non-delivery of the Bid documents due to any reason whatsoever.
Any complaints regarding the Secretariat’s tender must be directed to the following email: Tender.Complaints@forumsec.org. This email address will forward your complaint to a person that is independent and removed from the tender process. Complaints must be well-founded and should not be used as a mechanism for notifying displeasure with the outcome of a tender award. Further information on making a complaint can be found on the Policies & Information page at http://tenders.forumsec.org.
In the event that further information is required by the Secretariat in relation to the tender for consultancy, the Secretariat reserves the right to seek the required information without the need for calling for the resubmission of proposals.
TENDERS.NET – http://www.tenders.net