Call for Proposals for legal services to support the petroleum upstream and mining-minerals regulatory reform in Ukraine.
Date of release of CfP: August 7, 2020
Closing Date for Submission of Proposal: August 21, 2020, (by 7:00 PM local Kyiv time)
DiXi Group NGO calls for proposals of service providers on legal support of the petroleum upstream and mining regulatory reform in Ukraine. Services will be held in the framework of the USAID Energy Sector Transparency project.
Amount of services expected:
- analysis of the best world practices regarding petroleum upstream and mining-minerals regulator (regulatory authority in the field of natural resources development) establishment and functioning, preparation of analytical reports based on the results of analysis;
- functional analyses of Ukrainian regulatory authorities in order to build competences of the future petroleum upstream and mining regulator, diagnose gaps etc.;
- based on outputs above, as well as conceptual framework provided by DiXi Group, preparation of draft legislation of Ukraine for the implementation of institutional reform of relevant authorities (namely, the State Service of Geology and Mineral Resources of Ukraine) and creation of new petroleum upstream and mining-minerals regulator, including amendments to the Ukrainian legislation related to the reform implementation.
- participation in discussions of the draft legislation prepared with key stakeholders and co-drafting the finalized versions of the draft legislation following the discussions.
BACKGROUND & CONTEXT
As Ukraine looks to increase energy independence, the potential of untapped oil and gas resources is often discussed as one of the most promising areas of opportunity. Government actions are programmed to increase gas production gradually building self-reliance in the development this resource. However, regulation has to be shaped in a way that opens access for sustainable investment and introduces new technologies. Petroleum upstream oil and gas regulation require special attention in order for market developments to be effective and sustainable. The other mineral resources are also critical for Ukrainian economy.
Therefore, it is important to implement institutional reform and establish an petroleum upstream and mining regulator using best world practices (based on current structure of the State Service of Geology and Mineral Resources of Ukraine).
OBJECTIVES AND SCOPE OF WORK (SOW)
The objective of this activity is to support the establishment of an independent petroleum upstream and mining-minerals regulator based on the best world practices by means of developing relevant legislation necessary to launch this institutional reform.
In particular, the consultant should provide the following:
- analysis of the best world practices regarding petroleum upstream and mining-minerals regulator establishment and functioning. The special attention should be payed to best regulating practices, geological data management and science (research) component of activity;
- functional analyses of Ukrainian regulatory bodies and proposals on the scope and functions to be transferred to the future petroleum upstream and mining-minerals regulator;
- draft Law of Ukraine on the implementation institutional reform of petroleum upstream and mining-minerals regulator, including possible amendments to Ukrainian legislation related to the reform implementation.
- amendments to draft Law prepared after discussions with key stakeholders of the petroleum upstream and mining-minerals regulator’s reform.
The services to be provided are expected to implement institutional reform in petroleum upstream and mining-minerals sectors, improve the investment climate and restore trust in government policy in the area of natural resources management.
The deliverables include:
- a report on analysis of the best world practices regarding petroleum upstream and mining-minerals regulator establishment and functioning. The special attention should be payed to best regulating practices, geological data management and science (research) component of activity;
- a report on functional analyses of Ukrainian regulatory and other relevant authorities with proposals on the functions to be transferred to the future petroleum upstream and mining-minerals regulator
- a report on the legal gaps in the Ukrainian legislation to be addressed taking into account best international practices (including core legislation subject to change and laws which would require harmonization);
- a set of draft legislative acts on the implementation of institutional reform in the field of petroleum upstream and mining-minerals regulatory reform, including possible amendments to the Ukrainian legislation related to the reform implementation;
- amendments to draft legislation prepared after the discussions with key stakeholders of the petroleum upstream and mining-minerals regulator reform.
The chosen contractor will work closely with the USAID Energy Sector Transparency project on legal support, legislation development, implementation, monitoring, and reporting and will follow the Concept on Petroleum upstream and Mining-minerals Regulator Reform developed by the USAID Energy Sector Transparency project in cooperation with partners.
The target audiences comprise State Service of Geology and Mineral Resources of Ukraine, Ministry of Energy of Ukraine, Ministry of Environment Protection and Natural Resources of Ukraine and Cabinet of Ministers of Ukraine.
SELECTION CRITERIA AND SCORING
Proposals will be evaluated according to the following criteria:
I. Price 30%
Reasonability of the price according to the local and international market of legal service, type of proposed services and quality.
II. Experience of providing legal services for public institutions including drafting legislation 20%
USAID Energy Sector Transparency project will consider applicant’s experience of working with governments and other public institutions on similar topics.
III. Relevant experience in the area of petroleum upstream and mining minerals 50%
USAID Energy Sector Transparency project will evaluate proposals based on relevant knowledge and experience about legal support of institutional reforms and natural resources development sector.
THE PROPOSAL MUST INCLUDE
The Offeror shall submit its best price offer/proposal in accordance with the SOW and shall contain the following:
Proposal Cover Letter signed by a person authorized to sign on behalf of the Offeror.
Technical Proposal consisting of the Offeror’s profile, Relevant Past Experience and Technical Approach parts.
Budget with the narrative. Offerors must provide a full, final and detailed budget.
Certificates. Offerors need to include the certificate of the company’s (entity’s) registration, the certificate of the tax registration.
The completed application for participation in competitive selection, which can be launched at: http://bit.ly/38pLubY.
Please see the detailed requirements to the format of the proposal in the Appendix A to this call. USAID Energy Sector Transparency project intends to issue a Firm Fixed-Price contract for this work.
- Costs incurred by respondents for the preparation of a proposal and the negotiation of contract are not
- The project is not bound to accept any of the proposals
- The project reserves the right to accept any offers of proposal without further
- The project will only evaluate proposals from qualified entities to implement and complete the work under this
- The Offers must be able to complete fully and finally the objectives
Only short-listed candidates will be contacted. Proposals with accompanying documentation will not be returned to unsuccessful candidates. Besides, unselected proposals, including the proposed concept ideas will not be used by the USAID Energy Sector Transparency project in any form under any circumstance without prior written permission by corresponding candidates. Proposals received after the exact time specified for receipts of offer shall be considered late and may not be evaluated.
The USAID Energy Sector Transparency project reserves the right to reject an application in case of a suspected (potential) conflict of interest, which means that the candidate has a private interest in the operating field, which may affect the objectivity or impartiality of service delivery incl. the existence of current contractual relations and relevant obligations to public authorities forming and implementing policies in the field of subsoil use and/or to entities of subsoil use.
The proposals shall be submitted via e-mail and shall be to the attention of Viktor Chornysh and Viktoriya Vasylyuk at firstname.lastname@example.org.
The full version of the Call for Proposals can be launched at https://bit.ly/2PwqR7d.