REQUEST FOR EXPRESSION OF INTEREST (REOI) (CONSULTING SERVICES – CONSULTANT QUALIFICATION SELDCTION METHOD) : Re. No.:LR-MOCI-370306-CS-CQS

Assignment Title: Consultancy Services for Business and Investment Trade policies, legal, and   Administrative Procedures Reform Study.  Re. No.:LR-MOCI-370306-CS-CQS 
Procurement Title: Consultant Qualification Selection Method 

Duration: 4 Months

Background 

The Republic of Liberia through the Ministry of Commerce & Industry has received Financing from the International Development Association (IDA) towards the cost of implementing the Liberia Investment, Trade & Finance Project (LIFT-P) and it intends to apply part of the proceeds of the Financing towards payments under the contract for Hiring of a Consultant as per the above table, for the National Investment Commission (NIC), under the Liberia Investment, Finance and Trade Project (LIFT-P) of the Ministry of Commerce and Industry.

The overall objective of the LIFT-P is to improve the investment climate, expand sustainable access to finance, and increase the efficiency of trade in Liberia and help formal MSMEs recover from the impact of the COVID-19. The LIFT-P is an explicit contributor to the FY19-FY24 Country Partnership Framework (CPF) 

The detailed Terms of Reference (TOR) for the assignment can be found below. 

The Ministry of Commerce and Industry now invites eligible Consultants (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services. The shortlisting criteria are listed as per the Terms of Reference attached. 

The Consultant must have minimum qualifications and experience as per the Terms of Reference.
The Consultant will be selected in accordance with the Consultant Qualification Method  of selection as set out in the Procurement Regulations for IPF Borrowers (July 2016 as Revised in November 2017, August 2018 and November 2020). 
Further information can be obtained at the address below during office hours, i.e., 0900 to 1600 hours GMT, Monday to Friday. 
Expressions of Interest must be delivered in written forms to the address below (in person, or by
mail, or by fax, or by e-mail) on or before Monday, August 14, 2023. Please indicate the title of assignment in your submission with subject: 
“Re: Business and Investment Trade policies, legal, and Administrative Procedures Reform Study; Ref. No.:No.:LR-MOCI-370309-CS-CQS”.

Liberia Investment, Finance and Trade Project (LIFT-P)
Attn: Mr. James Gayflor Quiqui 
Project Coordinator
Ellen Johnson Sirleaf (EJS) Ministerial Complex 
Congo Town
Monrovia, Liberia
Tel: +231 777 240 201/775 654 713 
E-mail: jamesquiqui@gmail.com 
Cc: vanyanbah.julius@yahoo.com
 

Terms of Reference 

Hiring of Firm to Review all Existing and Relevant Administrative Processes in the Business Climate; Research and Develop Issues Papers to Guide Drafting of Amendments and or new Processes and Procedures for Ministries, Agencies and Commissions; including Licensing, Permits, etc
 

Background 

The Government of Liberia, through the Ministry of Commerce and Industry (MOCI) is implementing the Liberia Investment, Finance and Trade (LIFT) Project (P171997) with financing from the International Development Association (IDA) of the World Bank Group ($40 million). This project was developed to support the government’s strategic objectives to promote private sector development. Accordingly, the project development objective is to improve the investment climate, expand sustainable access to finance, and increase the efficiency of trade in Liberia. Achieving this objective requires technical support to government institutions including the National Investment Commission (NIC) on some of its activities that are geared towards improving the investment climate. 

The project implementation is being coordinated by the Project Implementation Unit, under a Project Steering Committee chaired by the Minister of Commerce and Industry of the Republic of Liberia, and co-chaired by the Governor of the Central Bank of Liberia (CBL). 

Project Description
The proposed project is an explicit contributor to the FY19-FY24 Country Partnership Framework (CPF) Pillar I: Strengthening Institutions and Creating an Enabling Environment for Inclusive and Sustainable Growth. Specifically, the project implements Objective 3 of the CPF, which seeks a more enabling environment for the development of Small and Medium Enterprises (SMEs). The proposed project furthers the CPF’s objective by fostering the emergence of an inclusive private sector through a more hospitable investment climate, expanded access to finance, and stronger market governance. The proposed project envisions the removal of key regulatory constraints and will facilitate trade and expand access to finance. Specifically, the proposed project will focus on (i) the regulatory areas where Liberia ranks low on Doing Business indicators, (ii) implementation of the Financial Sector Development Implementation Plan and National Financial Inclusion Strategy, (iii) implementation of the Insolvency and Restructuring Law adopted in 2017, and (iv) support for Liberia’s implementation of commitments to the World Trade Organization (WTO), Trade Facilitation Agreement, since adoption of the long-awaited Customs Code.
The project supports Jobs and Economic Transformation (JET) framework for Liberia and its two pillars on which the outcomes sit: better market functioning and improved firm capabilities. In doing so, the project targets six of the ten-building block in this framework as a complement to other parallel activities under the Liberia CPF supporting macroeconomic management, infrastructure services, employment policy and human capital. The project takes account of the Government Recovery Program (GRP) project that seeks to support otherwise viable growth oriented private enterprises that were adversely impacted by the effects of the pandemic. As the mechanism for firm level support is structured, guardrails will be established to prevent adversely impacting financial discipline and commercial credit underwriting needed for a sustained recovery. At the same time, with various indicators highlighting access to finance as an issue, attention to expanding digital financial services (DFS) is needed.
In addition to its contribution to the Jobs agenda, the proposed project design supports a range of IDA priorities including Gender, Climate, Governance, Fragility, Conflict & Violence and Maximizing Finance for Development (MFD). The project will ensure that women-oriented training and eligibility will be included in firm support and financial access component by deliberately incorporating, in the design of project activities, features that seek to address the identified gaps between men and women with respect to their participation in economic activity in the country, especially around differential constraints and performance between women-owned and men-owned firms. These include the reforms to the business environment (e.g., registration, permits and access to finance), as well as activities to support SMEs and entrepreneurs. The project will monitor the extent to which activities are contributing toward closing gender gaps by measuring, among other things: (i) the number of women led MSMEs with a loan through the project; and (ii) the percentage of women that are covered by the credit registry.
Finally, as a foundational project to strengthen the public sector’s ability to facilitate growth of the private sector on a sustainable basis, significant efforts will be devoted to institution building activities in key agencies. In this light, the project’s concept identifies the strengthening of institutional functioning, streamlining of business processes and use of automation to lower costs, improve services and remove face-to face interactions.
Thus, the overall objective of the proposed project is to improve the investment climate, strengthen firm capabilities, expand financial access, and help formal MSMEs recover from the impact of the COVID-19.

The project is structured to have 4 components. 
Component I. Improved Environment for Trade, Investment and Business Entry: This component aims to support Business Environment Reforms that will focus on improvements in Liberia’s regulatory environment by strengthening key institutions providing Government to Business (G2B) services covering international trade, national quality services, and business entry.
Component II: Fostering Firm Capabilities to Trade and Competitiveness: This component aims to strengthen firm capabilities of SMEs including women-led businesses and strengthen Liberia’s entrepreneurship ecosystem. It will do so through the provision of specialized business consulting services and training. It will also seek to strengthen capacity of Business Development Service providers.  
Component III. Expanding Access to Finance: This component will support MSME Access to Finance; Court Automation, and Digital Financial Inclusion, which includes the Payments Switch, Credit Registry and Agent Banking.
Component IV: Project Management and M&E will finance project management activities including fiduciary responsibilities, procurement, financial management, communication, coordination, dissemination, as well as M&E and impact evaluation. CERC (Contingent Emergency Response Component: This is a provisional zero amount component to allow for rapid reallocation of loan proceeds from other project components during an emergency. 
Further details are available in the Project Appraisal Document for the LIFT Project (P171997), available online on the Ministry of Commerce and Industry and World Bank’s websites.  

Description and Rationale of the Assignment 

Component 1 of the LIFT-Project focuses on improving Liberia’s Investment Climate by strengthening institutions providing Government to Business (G2B) services covering investment support, business entry and international trade.
The Government’s experience in attracting FDI is mixed with the inflows below US$100 million per year for the last two years. While this was in part consistent with falling Foreign Director Investment (FDI) on the continent during the COVID-19 pandemic, Liberia also faced its own challenges. Most of Liberia’s laws, administrative procedures and processes are not sufficiently investment friendly. Additionally, some of those laws no longer meet current-day reality as far as an ideal investment climate is concerned. The NIC needs a consultant who will therefore review all existing and relevant administrative processes and laws in the business climate; research and develop issues papers to guide the drafting of amendments and or new processes and procedures for ministries, agencies, and commissions (MACs); including licensing, permits, etc. The purpose of this assignment is to analyze the policy environment and the current institutional arrangements in the specific context and proposed implementing regulation. The policy review approach will address barriers and gaps found within existing policies, regulations, and laws with relevance to improving the investment landscape of business development in Liberia.

Scope of the Consultancy 
 The selected firm will undertake the following tasks:
⦁    Undertake a review of all relevant business environment/investment climate laws/regulations/policies/administrative actions decrees etc.
⦁    Identify administrative procedures that are cumbersome and recommend alternative streamlined procedures to make the business and investment climate much more competitive. 
⦁    Recommend amendments and modifications to the legal frameworks and reforms to be adopted by relevant agencies of the government to make Liberia’s business, trade and investment climate more friendly and competitive.
⦁    Recommend innovative ways to streamline administrative procedures (e.g., Digitalization, ICT based procedures and processes, etc.)
⦁    Host at least two (2) public private dialogues to get feedback from both the public and private sector stakeholders.
⦁    Conduct a stakeholder validation workshop and present report for GoL’s consideration. 

 I. Policies
⦁    Micro, Small, & Medium Enterprises (MSME) Policy 2011-2016 -Review of the specific categories and provide definition and description of the various categories. 
⦁    Industrial Policy
⦁    National Trade Policy 2010
⦁    National Youth Action Plan
⦁    Gender Policy
⦁    World Trade Organization (WTO) - Investment policy and fiscal regime- especially with striking a balance with incentives for comparative advantage and WTO compliance.
⦁    Technical & Vocational Education (TVET) Policy
⦁    National Youth Policy

II. Legal Framework
⦁    National fisheries and Aquaculture Authority (NaFAA) Act October 9, 2017-(National fisheries and Aquaculture Policy, regulation, and procedures and process for the issuance of permits.
⦁    Environmental Protection Act – regulations, processes, and procedures for the issuance of permits.
⦁    SEZ Act 2017- specifically review the draft regulations
⦁    Ministry of Commerce and Industry Act- Import Permit Declaration and Export Permit Declaration processes and procedures 
⦁    Small Business Administration/ Small Business Empowerment (SBA/SBE) Act gender and fronting issues.
⦁    Ministry of Agriculture Act- Processes and procedure in obtaining permits for the importation of agricultural products, equipment and machineries    
⦁    Foreign Trade Law and General Business Law
⦁    Competition Law
⦁    The Investment Act 2010 / National Investment Act 2010- Liberia Tax Amendment Act of 2021
⦁    Ministry of Gender Act
⦁    Liberia Land Rights Law 
⦁    The Amended Public Procurement Concession Commission (PPCC) Act 2010
⦁    Liberia Revenue Authority (LRA) Act -taxation, customs, Destination Inspection procedures and processes
⦁    Ministry of Labor Act- consider some issues that are currently de-marketing Liberia and how to turn these around positively – for example child labor, work permit processes and procedures,

III. National Strategies 
⦁    Vision 2030 
⦁    Pro-Poor Agenda for Prosperity and Development (PAPD)
⦁    Agenda for Transformation (AfT)
⦁    National Export Strategy
⦁    Diagnostic Trade Integration Study

IV. Regional and International Policies & Strategies
⦁    ECOWAS West Africa Common Industrial Policy- 
⦁    ECOWAS Trade and Liberalization Scheme (ETLS)
⦁    The African Continental Free Trade Area (AfCFTA)
⦁    African Union Action Plan for accelerated Industrial Development (AU Action Plan)
⦁    African Growth and Opportunity Act (AGOA)
⦁    Sustainable Development Goals (SDGs)

Key Deliverables 

⦁    Using a highly participatory approach, the firm will after the study, facilitate a strategic planning/policy implementation plan workshop that will transform the legal, policy, business, and investment climates.
⦁    Prepare and submit a Draft Report within seven (7) days to the NIC with recommendations from the stakeholders’ validation workshop
⦁    Submit a final report within one week after NIC review and inputs with recommended steps/ actions needed for decision-making. 
 

Expected Outcomes 

Specific Deliverables 
⦁    Stakeholders’ consultation and Key Informant Interview
⦁    Draft Report
⦁    Final Report

REPORTING REQUIREMENT 
The firm will work under the overall direction of the Project Implementation Unit (PIU) and the Investment Promotion Department at the National Investment Commission with guidance from the Ministry of Commerce and Industry PIU and will submit all reports directly to the Project Coordinator/Director of Investment Promotion at NIC.

Approach and Implementation Arrangements 

The assignment will be executed by the firm and will be monitored by NIC’s focal person, and the coordinator of the secretariat of the Business Climate Working Group (BCWG) of Ministry Finance Development Planning where possibel and the Project Implementation Unit, as the implementing body for the Liberia Investment, Finance and Trade Project, will play a key coordinating and leadership role in ensuring that the firm delivers as per the agreement. The service provider will work closely with the National Investment Commission or its focal person to deliver on this assignment.  The firm can associate and/or collaborate with other relevant sector experts in the delivery of the task.

Experience and Qualification

The Project is seeking to hire the services of a firm that possesses the following experience and qualification: 
⦁    A minimum of 10 years’ experience in policy work and experience in drafting bills, policies, regulations, or strategies with understanding of working in Sub-Sahara Africa.
⦁    Demonstrated knowledge of policy developments, especially in the MRU/ECOWAS region and understanding of the international trade environment.
⦁    Demonstrated experience working with a multitude of stakeholders from various disciplines and backgrounds including Government, Civil Society Organizations and Communities, Private Sector, Development Partners and Donors.    
⦁    Provide copy/copies of similar work done in the last five (5) years.
COMPETENCIES AND SKILLS 
⦁    Excellent ability to communicate clearly in written, spoken English, Power Point Presentation Skills 
⦁    Excellent team player with good interpersonal skills  
⦁    Ability to work under pressure and tight deadlines 
⦁    Ability to accommodate additional demands at short notice 
⦁    Ability to work in a multi-cultural, diverse, and gender sensitive environment 
⦁    Excellent skills in Microsoft Excel and Word 
⦁    Proven record of working with the Gold, World Bank/IDA or donor-funded projects.
Duration of Consultancy

The duration of the assignment is 120 days

Reporting Arrangements 

The successful firm will sign a contract with the Government of Liberia through the Project Implementation Unit. The NIC and PIU will provide technical oversight for the implementation of the assignment. The firm will provide updates and/or reports to the NIC and the PIU through the NIC Focal Person and the SME Specialist d

Selection Criteria 

The shortlisting criteria are: 
⦁    Consultant Experience relevant to the Assignment 
⦁    Competency/Qualification of the Consultant relevant to the Assignment 
⦁    Consultant regional experience in similar context as Liberia.
⦁    Consultant networking capacity and links to regional and international buyers

Expressions of Interest may take any format to represent the consultant’s qualifications and experience.