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Recruitment of a consultant for assessments for water and sanitation project – Egypt

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Affichage: 60

Date de clôture : mercredi 5 décembre 2018

REQUEST FOR EXPRESSIONS OF INTEREST

AFRICAN DEVELOPMENT BANK

“Country Office of Egypt – COEG”

“RDGN.4”

Brief description of the Assignment : To Conduct procurement assessments for water and sanitation project using “Results Based Finance” instrument

Place of assignment : The consultant will be based in Cairo, Egypt.

Duration of the assignment : 15 December – 31 January 2018 (30 Working days)

Tentative Date of commencement : 15 December 2018

Detailed Terms of reference for the assignment : [Attached PDF]

Deadline for applications : 5 December 2018

Applications to be submitted to : [email protected] and [email protected]

Establishment of a short list: A shortlist of three to six individual consultants will be established at the end the request of expressions of interest. The consultants on the shortlist will be judged on the following criteria on the basis of their updated resume:

General qualifications and adequacy for the proposed Assignment   points25%
Similar experience in the area of expertise of the Assignment as described in the55%
Terms of Reference and understanding of the Terms of Reference
Experience with the Bank or other international donors10%
Language proficiency5%
Knowledge of the Region and environment of assignment5%
Total100%

Please, note that interest expressed by a Consultant does not imply any obligation on the part of the Bank to include him/her in the shortlist.

Any questions and requests for clarifications may be sent to : [email protected]

Please attach an updated Curriculum vitae on the basis of the template below:

Model curriculum vitae  (CV)

Terms of Reference of the Mission

Integrated Rural Sanitation in Upper Egypt Project

Sector Assessment, Market analysis and Project risks assessment

EGYPT 

October 2018

Context

The African Development Bank “The Bank” has adopted a new Procurement Policy for Bank Group Funded Operations. The proposed Policy is built on a vision to support Bank-financed operations and enhance the procurement systems of the Bank’s Regional Member Countries (RMCs) in order for them to obtain optimal Value for Money (VfM) based on mutually supporting and reinforcing principles of economy, efficiency, effectiveness and equity.

The Procurement Policy requires the Bank to collect and analyze key information at the country, sector, project and transactional levels that will: (i) form the basis for the interaction between the Bank and the Borrower for procurement under Bank funded operations; (ii) identify gaps in laws, regulations, practices, organization and capacity against internationally recognized and accepted benchmarks; (iii) support the development of an action plan to address issues noted at each assessment level; and (iv) enable a decision to be made on whether borrower procurement systems may be used for specific identified transactions in order to achieve VfM.

This requires adopting an approach to procurement transactions and oversight arrangements that are fully risk-based and support achievement of “value for money” through management of project cycle activities that are “fit for purpose”. Transactional and oversight decisions, taken from a range of options available, will be guided by country, sector and transactional risk profiles and circumstances.

This dynamic approach leads to tailoring the methods and processes based on individual Regional Member Countries (RMC) capacities, and to project and transaction specific risks with greater efficiency and effectiveness, thereby catering more optimally to the requirements of countries at different levels of economic development. This requires a rigorous assessment of the procurement risk and of the management system and greater consideration for RMCs’ needs in capacity development.

The Bank is preparing an integrated sanitation program in the Upper Egypt. The program aims at designing integrated sanitation systems of “clusters” by collecting and treating wastewater generated from some rural areas in Upper Egypt, thereby contributing to increased coverage of improved sanitation and clean environment for the populations living in these areas. The Program focus on one Company for Water and Wastewater (CWW), “Luxor Company for Water and Wastewater” operating in the Governorate of Luxor. The program will provide sanitation services to total number of 13 villages and 51 satellites in Luxor Governorate by about 27,600 new household and total populations of 180,000 inhabitants.

Luxor governorate is located along the Nile Valley and its desert fringe in Upper Egypt. It is surrounded from the North with Qena governorate, at the South is Aswan governorate, at the West is El-Wadi El Gadeed governorate and Red Sea governorate at the East figure (2-1). Luxor is located 635 km south of Cairo. It covers an area of about 416 km2. The governorate is one of the most highly populated in Upper Egypt. It consists of five administrative localities (Districts and major cities); Luxor, Teba, Aramant, Esna and El Karna shown. Two clusters will be served under this operation. These are Keman El Matana Cluster and El Dabayba Cluster under Esna Cluster.

The Integrated Sanitation Program has identified three main results areas which will be adopted by this operation. These areas are: Results Area 1: Improved Access to Rural Sanitation and Infrastructure Delivery (provide with access to improved sanitation facilities under the program, new functioning household connections made to working sanitation systems) Results Area 2: Improved Operational Systems and Practices of WSCs (Annual Performance Assessments for each WSC implemented, Procurement and financial management systems improved) and Results Area 3: Strengthened National Sector Framework Improved enabling environment for more sustainable rural sanitation services (New National Tariff structure to allow for sustainable cost recovery approved, Central unit to coordinate Egypt’s National Rural Strategy established, Revised National Rural Sanitation Strategy adopted. Standard Operating Procedures on land acquisition for National Rural Sanitation Program issued).

Objectives

The overall objective of this assignment is to provide technical assistance to the Bank to carry out, in partnership with the Government of Egypt, the evaluation of the sectors, market analysis and project risk assessments of the WSCs for the integrated sanitation program.

The specific primary objective of this assignment is for the consultant to conduct, under close supervision of the African Development Bank, a procurement risk and capacity assessment (PRCA) at sector level including market analysis, project risk assessment in the selected WSCs and sectors related with the aim of identifying strengths and weaknesses in the procurement practices and proposing an action plan for its strengthening. The primary sectors identified requiring assessment under this program are: (a) water resources and irrigation; (b) health and (iii) waste water.

The objectives of the Procurement Risks and Capacity Assessment (PRCA) are to :

  • Evaluate the risks associated with the sector, the procurement complexity and design, and the institutional capacity of Implementation Agency/ies (WSCs) ;
  • Set up risk mitigation measures to be exercised during project execution ;
  • Identifying weaknesses in the Borrower’s procurement system and procedures, and recommending corrective actions; and
  • Identifying systemic weaknesses that may be apparent and providing recommendations for corrective actions.

The Consultant will review the sector environment and local industry (market analysis), the project complexity, and capacities to handle procurement: To this end, the Consultant will :

  • Assess each of the sector capacity, as well as the response of the private sector to the public demand; – including a focused market analysis (e.g. sector/industry) ;
  • Assess the level of complexity and risk posed by the project’s technical complexity with respect to the transactions and related packaging, scope/coverage and implementation arrangements; and
  • Examine the adequacy and capacity of the Executing Agency/ies (WSCs) to manage the full procurement cycle – including at the contract management stage.

Scope of the assignment

The sector specific context : It consists essentially to identify how each of the sector is discharging fiduciary responsibilities, and how the local industry responds to the sector procurement needs.

  • Capacity of the sector: It will examine the overall capacity of the sector, institutions and staff to discharge the procurement function in compliance with rules and procedures.
  • Private sector response to the public demand: It will review the capacity and existence of a sufficient competition among local and regional industry to respond to the public demand with an optimal balance between price and quality.

Project Complexity: It consist in reviewing the complexity of the program in terms of the technical design, the scope and covering, the institutional arrangements, and the type of procurement packaging in order to ensure adequate implementation of the project.

  • Technical and design complexity: It will examine the level of dependence of program design on untested or unfamiliar technologies or processes, and adequacy of Bank and borrower experience with similar projects.
  • Scope and Coverage Complexity: It will examine the size, number, packaging, dispersion and general accessibility of distinct implementation locations.
  • Implementation and Institutional Arrangements Complexity: It will examine the number of Executing and Implementing Agencies involved, and interdependencies among these parties.
  • Design Flexibility and Packaging complexity: It will examine the ability to adjust procurement packaging in response to program or operating environment risk changes, and of the feasibility and cost of alternatives.

Executing and Implementation Agency/ies (EAs an IAs): The assessment will cover a review of all Executing and Implementing Agencies involved with the project. The consultant will also assess the agency (Program Management Unit, Ministry of Housing, Utility and Urban Communities) having the overall coordination and fiduciary responsibility. The consultant will review the risks deriving from the procurement capacity and the governance & prohibited practices of the WSCs, which includes :

  • Capacity – Resources: It will examine the availability of competent staff with adequate skills, organizational knowledge and financial resources to implement the project ;
  • Contract Management: It will examine the ability of project managers to effectively manage schedule, cost, and timing of implementation milestones ;
  • Governance – Processes and Systems: It will examine the availability, standardization and efficiency of relevant processes and systems (including FM and procurement) to support project implementation and results achievement ;
  • Governance – Accountability and Oversight: It will examine the clarity and adequacy of EA or IA responsibilities and oversight processes ;
  • Governance Behavior and Norms: It will examine the extent to which EA and IE culture and norms facilitate implementation and alignment with the achievement of results envisaged by the project ;
  • Governance – Transparency and Controls: It will examine the adequacy of transparency and controls in the procurement processes. Looking at records on complaints related to the agency/ies will help to get an opinion on the reputation of the agency/ies ;
  • Prohibited Practices Prevalence of prohibited practices: Potential risks of prohibited practices in the agency/ies: It will examine the historical incidence of practices and weaknesses that promote prohibited practices under similar projects, and perception of prohibited practices in ongoing agency key

Methodology

The Consultant review should follow four (4) broad phases :

  1. Design of the scope and program of the review, defining the essential information requirements and contacts ;
  2. Desk reviews ;
  3. Field work (luxor) ; and
  4. Preparation of the PRCA Report following discussions of the preliminary report

Program of the review: Where procurement legislation or regulations vary, the review will address the national environment, but also identify when any issues relate to specific states or regions within the national framework. At this stage the Consultant will identify with the support of the Bank the main contacts for having access to the relevant documentation.

Background Desk Review: The Consultant should perform a desk review of available resources in Egypt in advance of any field work. Information sources will include

  • National Procurement Law and Bank Procurement Assessment Report (BPARs): If available. Verify if there has been major changes in the public procurement structure, law or implementation — Particular focus should be on compliance issues and bottlenecks; it will help to determine the possibility to use or not the country procurement system ;
  • National Bidding documents
  • National Competitive Bidding (NCB) Reports: NCB conditionality and caveats need to be reviewed and an assessment should be made about whether such conditions and thresholds continue to be relevant and/or need to be supplemented or amended;
  • Complaints: A review of complaints and complaints handling for the WSCs selected, if any, in the last 2 years should be made to get a sense of cases where complaints were found relevant, and whether decisions made were adequate;
  • Other Development Partners: the Consultant in liaison with the Bank’s procurement officer based in Egypt should consult with other MDBs or bilateral donors active in Egypt to gain a view of their perception of the current status of country, sector and EA and IA procurement performance; and
  • Other background information: Background information on the Bank’s portfolio performance, with particular focus on any implementation issues raised relating to procurement and consulting services should be reviewed. Other sources can also be checked, e.g. WB Doing Business Guides, TI Corruption Perception Index, etc.

Detailed Diagnostic Assessment: After the Desk Review (as above), the Consultant will undertake a diagnostic assessment at sectors level, market analysis and procurement risk capacity assessment, using the desk review as a guide. A Report will be prepared.

Report

The report should focus on the findings and recommendations. Details of the review methodology and procedures, evidence substantiating the review findings, and elaboration on the recommendations should be covered in the PRCA Annexes. The report should be structured as follows:

  • Framework of the Review ;
  • Outline of the objectives; o Scope and approach;
  • Documents reviewed; and
  • Summary of findings and recommendations on :
  • Country and Sector issues;
  • Project and Transactions Complexity;
  • Implementing Agency/ies;
  • Recommendations and mitigations measures

Annexe :

Type of Contract and Duration of the Assignment

The assignment will be for a total of 30 working days within 5 months contract period. The commencement of the assignment will be agreed upon based on the availability of the consultant and the work program of the African Development Bank. A contract will be signed with the consultant and will be valid up till end of March 2019.

Reporting

The Consultant will be based in his duty station (for international consultant) with field missions in Cairo, and Luxor. The Consultant will work under the direct supervision of the Regional Procurement Coordinator in charge of North Region. The Consultant will also work closely with the Procurement Officer based in country office in Egypt who will provide assistance in terms of coordination of meetings and information gathering in Country.

Location of the Assignment and Travelling

In the case of an international consultant, the latter will be mainly conducting the assignment from his home country. Missions to Egypt will also be required. All travelling costs will be borne by the Bank in accordance with the AfDB travel policy.

Composition and consultant qualification

Consultants should hold at least a master’s degree in one of the following fields: Economics, Socio-economics, Engineering, Law, Legal expertise, etc. or similar disciplines. They should account for 10 years of experience in procurement practice with 5 years at least in assessment and development of public procurement reform strategies and their implementation.

The consultant must demonstrate a good knowledge of internationally recognized concepts, principles and good practices governing public procurement. He / she should be familiar with methodologies for evaluating procurement systems.

In order to facilitate the proper implementation of the mission, the Consultant should have a deep knowledge of public procurement systems especially in English/Arabic Speaking countries. A good knowledge of Africa will be an advantage.

Payements :

  • 20% Submission of Inception Report acceptable to the Bank;
  • 50% Submission of draft Final Report acceptable to the Bank;
  • 30% Submission of Final Reports acceptable to the Bank.

ANNEXES

A.1 Sector Risks Assessment

Introduction

With respect to the assessment of the sector specific context, it will review the inherent risks posed by the sector and the local industry when implementing a project. Generally, the Bank conducts Sector Market Analysis (see Para. 2 below) which can be used for the purpose of identifying for the concerned project the risks associated to the sector. As far as the project-related risk assessment is concerned, it will mainly cover the following risks factors:

Capacity of the sector: The assessment will review the overall capacity of the sector, institutions and staff to discharge the procurement function in compliance with the applicable rules and procedures, either the Bank Procurement Policy and Methodology (BPP&M) or the borrower procurement policy; and

Capacity of the industry: While the assessment will look at the capacity of the overall industry (including foreign) to respond to the project demand, it will focus in particular on the capacity of the local industry to bids and meet the qualification criteria.

Overview of Sector Market Analysis

Public procurement sits at the heart of public and private interactions, which has tremendous implications on the dynamism and growth opportunities of private businesses. Improving market conditions and public procurement practices for private sector companies in public procurement opportunities is beneficial for productivity and economic growth. A vibrant private sector creates jobs, contributes to national economic development, and provides goods and services to improve quality of living and reduce poverty. It is essential that we understand the regulatory, institutional and information constraints that prohibit efficient participation of private companies in public contracting processes.

Objectives

The main objectives of a market analysis of public procurement are as follows:

Economic Planning and Budgeting: Provide an analytical foundation for overall planning and budgeting in a particular sector, and inform project procurement strategy, planning and packaging

A comprehensive understanding of the market condition as well as key developments that may impact how markets operate in the future forms the very basis of overall economic and budget planning of the government (or a specific public procurement entity). Moreover, market analysis is of critical importance to the design and formulation of procurement strategy, which includes various key aspects of a comprehensive procurement plan such as demand analysis (e.g. analysis of key expenditures, specification of requirements issues, budget/cost breakdown), stakeholder analysis, and procurement strategy options (e.g. value for money assessment, selection methods to be used). Throughout the entire procurement cycle, the analysis can also be an important factor in examining contract amendments, or facilitating the collection and analysis of information on second-order objectives, such as innovation, and environmental and social impact.

Business Environment and Market Condition: Provide an understanding on the general business environment and structural factors of the national market in the selected sector

A good understand of the general investment and business environment of a particular sector is a major determinant for a private sector entity when entering the public procurement market. The stake is higher when an international company navigates the multitudes of investment-related laws, regulations, institutions and practices. Vibrant business environment fosters competition among providers to guarantee the lowest cost and best quality of goods and services and the overall “value-for-money” objective. However, in many cases, there are structural factors that affect the level of market competition. Therefore, the public procurement agency should ensure that the basic business environment and market conditions in the selected sector are conducive to businesses. These elements may include competition policy, business taxation, business regulation, trade logistics, alternative dispute resolution, and investment policy and promotion.

Firm Capacity: Facilitate the collection and analysis of information on factors that induce or prohibit the development of private sector capacity in accessing public procurement markets

Systemic constraints, such as inadequate access to credit, high interest rates, or insufficient capacity in contracting processes, pose major threats to the private sector’s ability in accessing and participating in the procurement market. Lack of access to credit or medium/long-term financing, limited exposure to international markets, as well high concentration of large-volume public contracts in big firms are among the identified factors that limit MSME participation in public procurement. The market analysis will facilitate the government to remedy, correct, and improve the market conditions, so as to facilitate wider private sector participation, but also level the playing field for smaller firms.

Procurement Function, Performance and Private Sector Trust in Government: Provide a general understanding of the functioning and performance of public procurement, as it relates to the private sector’s trust in conducting business with the government

The costs and benefits associated with dealing with the public sector are among primary concerns for companies. It is the public procurement entity’s responsibility to ensure that administrative, transactional, and other hidden costs (e.g. collusion, corruption, lack of transparency) are minimized, so as mitigate the risk of low retribution or higher costs for the provision of goods and services for businesses. For instance, timely, reliable, and consistent payment schedules are important for firms when doing business with the government, especially for smaller firms that are more dependent on short-term cash flows. Therefore, the performance and standardization of the procurement practices should be analyzed, to the extent that helps improve the interface between public and private entities in public procurement.

A.2 Project Risks Assessment

Introduction

With respect to the assessment of the project specific context, it will review the complexity of the project design and transactions, and the risks inherent to the specific project. As far as the project-related assessment is concerned, it will mainly cover the following risks factors:

Project Risks : The assessment will review the risks posed by the project’s technical complexity, scope and coverage including the type of transactions, and the implementation and institutional arrangements; and

Delivery Quality Risks: The assessment will review the ability to adjust the project design and procurement packaging in response to the operating environment development objectives and risk changes, and availability and cost of alternatives to do so. It will also review the ability of project managers (from a technical point of view) to effectively manage schedule, cost, and timing of implementation milestones.

A.3 Procurement Capacity Risks Assessment of the Implementing Agency Introduction

With respect to the assessment of the procurement capacity risks, it will review the capacity of the implementing agency (ies) to carry out procurement processes and manage contracts with a view to performing in getting results in accordance with the project/program objectives, and the level of integrity without regard to political or other non-economic influences or considerations. The assessment will cover the following risks factors:

Capacity Risks: The assessment will review the risks posed by the agency with respect to the accountability for procurement decisions, the availability of comprehensive and acceptable internal procurement manual, the record keeping and document management systems in place, the staffing, procurement planning, the existing bidding documents and related evaluation and award criteria; and

Governance & Prohibited Practices Risks: The assessment will review the procurement decisions and resolution of complaints, the contract management and administration; and the procurement oversight and the level of prohibited practices risks.

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