Wednesday, July 08, 2020
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Expression of Interest for Potential Framework Agreement

The Competition and Fair Trading Commission (the Commission) is a body corporate established under the Competition and Fair Trading Act, Cap 48:09 of the Laws of Malawi.

In order to comply with the Public Procurement and Disposal of Public Asset Act (PPDA), 2017, the Commission is inviting interested bidders to express interest for possible contract award on framework agreement as prescribed in Section 61 (1) of the PPDA, 2017.

The goods and services required on a framework agreement are as detailed in the table below.

Lot Number

Goods / Services

Pricing Model

Frequency of Orders

Period for Framework

1

Car Hiring

Fixed Rate(s)

As need arises

One year

2

Security Services

Fixed Rate(s)

For define locations & and when need arises

One year

3

Catering Services – head office in Lilongwe

Fixed Rate(s)

As need arises

One year

4

Production of radio programmes

Fixed Rate(s)

As need arises

One year

5

Production of TV programmes; and comedies

Fixed Rate(s)

As need arises

One year

6

Production of outdoor banners, indoor pull-up banners, flyers.

Fixed prices

As need arises

One year

7

Motor vehicle repairs and maintenance

Fixed Service Fees except spare parts

As need arises

One year

8

Cleaning Services

Fixed Rate(s)

For defined offices

One year

9

Public Auctioneering Services

Fixed Rate(s) / Commission

As need arises

One year

10

Insurance Services

Based on the items to be insured

One off for premises, asset, and staff

One year

11

Information, Communication and Educational Materials (IEC)

Fixed rate(s) / prices

As need arises

One year

12

Routine Maintenance, and repairing of ICT equipment

Fixed rate(s)

As need arises

One year

13

Legal Services on Retainer Agreement

Fixed rate(s)

As need arises

One year

14

Stationery and office supplies

Fixed prices

As need arises

One year

15

Golf Shirts, T-Shirts, Umbrellas,

Fixed Prices

As need arises

One year

16

Branded key-holders, folders, brochures, stickers

Fixed Prices

As need arises

One year

17

Diaries, and Notebooks

Fixed Prices

As need arises

One year

18

Calendars: One Month-To-View; and Three Month-To-View

Fixed Prices

As need arises

One year

Interested bidders / Bidders must include the following in their bid for consideration for framework agreement:

  1. Eligibility:
    1. Business Registration Certificate,
    2. Tax Payment Identification Certificate (TPIN),
    3. Tax Clearance Certificate,
    4. Professional Registration.
  2. Competitiveness:
    1. Rates of Services / Prices of the Goods,
    2. Standard Rates / Prices for Services / Goods (whichever is applicable)
  3. Post Qualification:
    1. Evidence of Previous Contracts (within the last three years),
    2. Samples where applicable and desirable to support bidder’s capacity,
    3. Defect liability and replacement within seven days.
    4. Names of Directors.
    5. Registration with Public Procurement and Disposal Authority (PPDA)

A completed bid / application for framework agreement document and all requested additional document MUST be returned in a SEALED envelope to:

The Chairperson,

Internal Procurement and Disposal Committee

Competition and Fair Trading Commission,

Golden Peacock Office Building, 6th Floor, Off Presidential Driveway,

P.O. Box 332,

Lilongwe 3

CONDITIONS

  1. Bids in SEALED envelopes MUST be clearly marked “BIDDING FOR FRAMEWORK AGREEMENT 2020 - 2021” and MUST be registered at the reception before depositing in a TENDER BOX that shall be placed at the Commission’s reception.
  2. Each Bidder is allowed to express interest for not more than three Lot under which it is eligible to bid based on regulatory registration.
  3. The Commission RESERVES the right to verify the authenticity of any information a Bidder submitted without consulting the Bidder
  4. All successful Bidders SHALL be communicated in writing.
  5. Successful Bidders shall sign pre-agreed prices and/or rates for some goods, and services where applicable.
  6. The framework agreements SHALL be governed by the General Condition of Contract as prescribed in the standard bidding document for goods and services as issued by Public Procurement and Disposal of Public Asset Authority. Those interested MUST request electronic copy from This email address is being protected from spambots. You need JavaScript enabled to view it. not later than a week prior to the close of the bidding period.

CLARIFICATION

For clarifications ONLY, submit your inquiry to This email address is being protected from spambots. You need JavaScript enabled to view it.

Closing date for receipt of the bids is Tuesday, 7th July, 2020

Just Competition. Fair Trading

EXPRESSION OF INTEREST (EOI)

CONDUCTING A COMPETITION ASSESSMENT IN THE POULTRY MARKET OF MALAWI

1.0 PROCUREMENT REFERENCE NO.:CFTC/CS/2020/02

The Competition and Fair Trading Commission (the Commission) is a body corporate established under the Competition and Fair Trading Act, Cap 48:09 of the Laws of Malawi.

The Commission has allocated funds in its 2020/2021 Financial Budget which it intends to apply part of the proceeds of these funds towards the cost of procurement of consultancy services to undertake a Competition Assessment in the Poultry Market of Malawi.

The Commission now invites suitably qualified bidders to submit sealed expressions of interest for procurement of consultancy services.

2.0 OBJECTIVES OF THE ASSESSMENT

The overall objective of the study is to understand the level and nature of competition in the Poultry Sector in Malawi. The study will also focus on cross-cutting as well as sub-sector specific competition and dominance issues in the sector.

Specifically, the study will seek to:

  1. understand the evolution and foundation of events in the Poultry Sector;
  2. outline the major poultry subsectors and the key players and stakeholders therein
  3. understand the market concentration in poultry sectors
  4. identify major affiliated firms, mergers and acquisitions, associations, agreements, unilateral and collusive conducts in the poultry sector;
  5. gauge the degree of dominance, market shares, positions of market power and monopolies in the poultry sector, if any;
  6. establish levels of exports and import competition in the industry;
  7. establish entry trends and barriers to entry in the sector;
  8. understand cross-cutting competition issues and public concerns in Malawi’s poultry sector; and
  9. gather any other relevant information in the sector

3.0 REQUIRED COMPETENCIES

The Commission is looking for consulting firm / consultant(s) with a strong track record in the field of Economics, Statistics, Research and/or Business Management, and a minimum academic qualification of a postgraduate degree. Although a PhD will be preferred, consultants with Master’s Degree and reasonable experience will stand an equal chance. Knowledge of Competition Law and/or Competition Policy will be an added advantage. Precisely, the Consultant should have, but not limited to, the following skills and competencies:

  1. In depth knowledge of poultry sector and industrial economics theory and practice. Knowledge and/or experience in Competition Law/Policy will be an added advantage;
  2. Demonstrable experience in conducting high-quality and credible studies;
  3. Familiarity with relevant methodologies for Competition Studies.

 

4.0 APPLICABLE LEGISLATION

Expressions of interest will be evaluated in accordance with the Public Procurement and Disposal of Public Assets Act of 2017. Participation is open to all eligible bidders.

A Request for Proposal Document shall be issued to the shortlisted bidders to submit their proposals which shall be evaluated based on Quality & Cost Based Selection (QCBS).

5.0SUBMISSION OF EXPRESSION OF INTEREST

Interested eligible bidders may submit expressions of interest which should include the following: Certificate of Business Registration, Tax Payment Certificate, Tax Clearance Certificate, and Names and CVs of the Directors and the Lead Consultant.

Expressions of interest must be delivered to the address below at or before 26th June 2020. Late submissions shall be rejected.

The expression of interest must be submitted both in hard copy and electronically to:

The Chairperson

Internal Procurement and Disposal Committee

Competition and Fair Trading Commission,

Off Presidential Way,

Golden Peacock Office Complex - 6th Floor,

City Centre,

Private Bag 332,

Capital City, Lilongwe 3;

Phone: 0310001440/1;

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

6.0 FOR CLARIFICATION

Bidders who shall need clarification MUST contact Senior Procurement Officer on phone number +265 888 550 539 (mobile) or email This email address is being protected from spambots. You need JavaScript enabled to view it. . (Working Hours only)

CFTC appoints PRO

EDPRO

The Competition and Fair Trading Commission (CFTC), has appointed Innocent Helema as a Public Relations Officer (PRO).

Speaking in an interview, CFTC Executive Director, James Kaphale said the Commission thought it was necessary to have a PRO who would help in building the agency’s public image and enable an interface with the public.

“We believe it is important that the Commission must have a PR office that will help in handling information coming and going out of the agency,” said Kaphale.

He added that a public relations office is important to every organization in today’s world regardless of its mandate.

Commenting on his appointment as PRO, Helema said he welcomed the appointment because it shows that the Commission recognizes his skills.

He added that he will work in his new role to help the Commission achieve its goals as a high performing organisation.

The newly appointed PRO, has been working for the Commission as a Consumer Affairs Officer since March 2015. He also worked with Nation Publications Limited as a journalist.

“HEIGHTEN VIGILANCE TO PROTECT CONSUMERS”—MHRC

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Protect consumers from unfair trading practices

The Malawi Human Rights Commission (MHRC), has encouraged the Competition and Fair Trading Commission (CFTC) to heighten vigilance and ensure that consumer rights are not abused.

In a press statement published in the Nation Newspaper of April 6, 2020, the human rights Commission, encouraged the CFTC and other consumer rights defenders to ensure that consumer rights secured under the Constitution of the Republic of Malawi and other laws are well guarded and enjoyed by all consumers.

“Ensure that consumer rights are not abused with regard to quality, affordability and accessibility of goods and services,” reads the statement.

In the statement, MHRC also added that CFTC must ensure that businesses do not hoard goods and services with the aim of influencing pricing or indulge in predation.

His Excellency Professor Arthur Peter Mutharika, in a special address to the Nation on Saturday 4th April 2020, warned traders against consumer exploitation. Mutharika directed CFTC to step up market surveillance and protect consumers from unfair trading practices in the supply of essential goods in the management of Covid 19.

About two weeks ago, there were allegations that traders had excessively and unreasonably raised prices for essential goods in the management of Covid 19 including face masks, hand sanitisers, thermometers, Vitamin C and gloves. In the wake of the allegations, the Commission conducted inspections in Lilongwe and Blantyre and ordered 22 pharmacy shops to cease and desist from the practice or face stiff penalties.

CFTC GEARS UP AGAINST COVID 19

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Stay home if unwell

The Competition and Fair Trading Commission has geared up against Covid 19 to protect its staff members and clients. Among others, the consumer protection agency has instituted measures to ensure that corona virus does not spread.

These measures include provision of head masks, sanitisers and gloves to its members of staff and ensuring that visitors to the Commission’s premises sanitise their hands. The Commission on Friday 3rd April 2020, organized a presentation on Covid 19 and to reduce the spread of the virus.

Speaking during the presentation, Angela Chiotcha, Deputy Director for Quality Management in the Ministry of Health said we all have a duty to stop the spread of corona virus.

“You can protect yourself and help prevent spreading the virus to others by washing hands regularly for 20 seconds, with soap and water or alcohol-based sanitisers,” said Chiotcha.

She encouraged the CFTC staff members to stay home and self-isolate from others in the household if they feel unwell and not to touch eyes, nose, or mouth if hands are not clean.

Speaking during the presentation, CFTC Executive Director, James Kaphale said it was important that members of staff worked together to stop the spread of the virus.

“Management agreed to take a number of things to ensure that we do not facilitate its spread. Among others, CFTC will provide hand sanitisers to its officers and staff will be working in shifts to reduce overcrowding at the office,” said Kaphale.

He encouraged the staff members to stay at home if they felt unwell.

As of 5th April 2020, there were five confirmed case in Malawi, three in Lilongwe and two in Blantyre.

PRESIDENT MUTHARIKA WARNS AGAINST CONSUMER EXPLOITATION, DIRECTS CFTC TO STEP UP SURVEILLANCE

His Excellency, Professor Arthur Peter Mutharika, has warned traders against consumer exploitation. He has consequently directed the Competition and Fair Trading Commission (CFTC) to step up market surveillance and protect consumers from unfair trading practices in the supply of essential goods in the management of Covid 19.

Recently, there were allegations that traders had excessively and unreasonably raised prices for essential goods in the management of Covid 19 including face masks, hand sanitisers, thermometers, Vitamin C and gloves. In the wake of the allegations, the Commission conducted inspections in Lilongwe and Blantyre and ordered 17 pharmacy shops to cease and desist from the practice or face stiff penalties.

Speaking in a special address to the nation on 4th April 2020, monitored on MBC TV, President Mutharika said people that want to take advantage of our current situation will be punished.

“I hereby direct the Competition and Fair Trading Commission to increase surveillance and protect consumers from anyone who wants to increase prices of essential goods,” said President Mutharika.

President Mutharika warned that he will not allow anyone to take advantage of the coronavirus attack to exploit consumers.

Commenting on the directive by the State President, CFTC Executive Director, James Kaphale said it was encouraging that President Mutharika appreciates the role of the Commission in the management plan of Covid 19.

“We will do anything in our power to fully implement the presidential directive for consumer welfare and business prosperity. As consumer protection requires concerted efforts, the Commission will mobilise other statutory regulators, civil society, consumer rights organisations and the private sector to join hands and reach all corners of Malawi,” said Kaphale.

Kaphale also said that the Commission has set up a Toll Free line through which consumers and the general public can officially lodge complaints for free. The toll free line numbers is 2489 and can be accessed from TNM and Airtel platforms.

VACANCY ANNOUNCEMENT

Applications are invited from suitably qualified candidates of Malawian Nationality to fill

two vacant positions existing in the Competition and Fair Trading Commission (CFTC).

 

 THE ORGANISATION

The Competition and Fair Trading (CFTC) is a statutory corporation established to enforce the Competition and Fair Trading Act (CFTA) Chapter 48:09 of the Laws of Malawi. The objective of the Act is to safeguard and encourage competition and fair trading in Malawi. In this regard, the Commission is responsible for ensuring that businesses are not engaged in anti-competitive trade practices; and regulating and monitoring monopolies and concentration of market power thereby strengthening efficiency of production and distribution of goods and services, securing the best possible conditions for freedom of trade, safeguarding consumer welfare and setting a favourable operating environment for expansion of the country’s entrepreneurship base.

 

(1) Director of Legal Services (CFT 2)-Contract 3 years renewable

The main responsibility of the Director of Legal Services shall be to provide expert advice to the Commission with respect to enforcement of and compliance with the CFTA. The Director will be required to provide leadership in conducting litigation on behalf of the CFTC. Further the Director will be responsible for ensuring consistency and excellence in the application of the enforcement mechanism as provided for under the CFTA.

 

Essential Duties and Responsibilities

The specific responsibilities of the Director of Legal Services shall include:

  • Providing expert legal advice to the Commission with respect to Enforcement of and compliance with the Competition and Fair Trading Act, Consumer Protection Act and any other related Legislation and Legal instruments.
  • Providing thought leadership in competition matters with the aim of enhancing Malawi’s competition regime; clear advice and guidance to the Executive Director and CFTC case officers or teams to ensure that CFTA is effectively applied;
  • Negotiating agreements with other regulatory authority to co-ordinate and harmonise the exercise of jurisdiction over competition matters within the relevant industry or sector, and to ensure the consistent application of the principles of the Act
  • Providing secretarial services to the Board of Commissioners.
  • Negotiate and conclude consent orders in terms of section 39 (2) of the Act.
  • Representing the CFTC in all legal matters and liaise with external counsel where necessary;
  • Maintaining good relations with government departments, courts, private sector and overseas competition authorities;
  • Initiating reviews of laws and regulations pertaining to Competition and fair trading and advise the Executive Director and management on any new developments in the area or the need to review the CFTA;
  • Conducting continuing legal education for Commissioners and members of       staff on handling of cases and general legal knowledge;
  • Instituting and enhance compliance programs with willing private sector companies.
  • Obtaining Court Order or Warrants to help in conducting investigations and     Dawn Raids.

 

Qualifications and Competencies

  • LLB (Hons) Degree holder with a valid practising licence.
  • A minimum of eight (8) years’ experience in conducting and managing litigation. Those with a Master’s degree and five (5) years post-qualificationexperience will have an added advantage.
  • Expertise in competition and consumer law and regulatory authority desirable.
  • Ability to work under pressure and as part of a team.
  • Strong analytical and communication skills with the ability to grasp new issues quickly and provide sound judgement.

(2)       Internal Auditor (CFT5) - Permanent position

The main responsibility shall be to provide independent and objective assurance on the

efficacy of control systems, corporate governance and risk management.

 

Principal Duties and Responsibilities

  • Planning, developing and implementing audit systems, programmes, strategies and budget.
  • Reviewing and advising on effectiveness and adequacy on financial and operational systems and procedures.
  • Checking compliance with internal control procedures, statutory rules and regulations.
  • Identifying key risk areas in consultation with management and advising on requisite internal control systems and strategies for safeguarding resources.
  • Preparing internal audits and preparing reports for submission to the board of commissioners.
  • Checking management accounts for errors and completeness
  • Monitoring implementation of the audit recommendations.
  • Collaborating with external auditors on audit matters.
  • Conducting investigative audits in liaison with relevant stakeholders.
  • Undertaking pre audit and post audit of financial, stores and personnel records as may be necessary.
  • Maintaining audit files and audit registers.
  • Following up on audit queries to ensure audit observations are properly and adequately addressed.

Academic Qualification

  • Bachelor’s degree in Accounting or Auditing
  • Chartered Accountant ACCA/CIMA/ICAM added advantage
  • 2 years relevant experience.

Key Competencies and Experience

  • Good command of quantitative analysis and documentation skills.
  • Strong Communication Skills and problem solving abilities
  • Ability to handle multiple tasks and make sound judgement
  • Good organisational and interpersonal skills.

Appointment and Remuneration

Position for Director of Legal Services is a contract position - three year contract subject to renewal based on performance. The Internal Auditor position is a permanent subject to 3 months’ probation and meeting agreed performance targets. The successful candidates shall be offered an attractive salary and benefits in accordance with the Commission’s Conditions of Service.

 

Method of Application

Applications including detailed Curriculum Vitae (CVs), photocopies of relevant certificates and names and contacts of at least three (3) traceable referees should be hand delivered to

 

 

The Executive Director, Competition and Fair Trading Commission, Off Presidential

Highway, New Golden Peacock Complex, 6th Floor, City Centre, Lilongwe or sent by

post to

The Executive Director, Competition and Fair Trading Commission, P/Bag 332,

Lilongwe not later than 17th April, 2020.

CALL FOR EXPRESSION OF INTEREST TO REVIEW 2015-2020 STRATEGIC PLAN AND DEVELOP 2020-2025 STRATEGIC PLAN FOR COMPETITION AND FAIR TRADING COMMISSION

1.Introduction

(1.1)The Competition and Fair Trading Commission (CFTC) is a body corporate established under the Competition and Fair Trading Act, Cap 48:09 of the Laws of Malawi. Its mandate is to regulate, monitor, control and prevent acts or behaviours which are likely to adversely affect competition and fair trading in any market in Malawi.

(1.2)In pursuance of its mandate, the Commission carries out various functions as outlined under Section 8 of the Act as follows:

  1. To carry out, on its own initiative or at the request of any person, investigations in relation to the conduct of business so as to determine whether any enterprise is carrying on anticompetitive trade practices or unfair trading and the extent of such practices, if any;
  2. To carry out investigations on its own initiative or at the request of any person who may be adversely affected by a proposed merger;
  3. To take such action as it considers necessary or expedient to prevent or redress the creation of a merger or the abuse of a dominant position by an enterprise;
  4. To provide persons engaged in business with information regarding their rights and duties under the CFTA;
  5. To provide information for the guidance of consumers regarding their rights under the CFTA;
  6. To undertake studies and make available public reports regarding the operations of the CFTA;
  7. To cooperate with and assist any association or body of persons to develop and promote the observance of standards of conduct for the purpose of ensuring compliance with the provisions of the CFTA;
  8. To advise the Minister on such matters relating to the operation of the CFTA as it thinks fit or as may be requested by the Minister, and;
  9. To do all such acts and things as are necessary, incidental or conducive to the better carrying out of its functions under the CFTA.

1.3  In order to successfully execute its functions, the Commission developed a Strategic Plan, which guided its operations in the period from year 2015 to 2020. Since the life span of the Strategic Plan is coming to an end, there is need to develop a succeeding Strategic Plan covering period between year 2020 and 2025.

1.4 Apart from enabling it to fulfil its mandate, the 2020-2025 Strategic Plan will ensure that the Commission effectively contributes to the attainment of Malawi’s Constitutional provisions, Malawi Growth and Development Strategy III (MGDS III) and National Export Strategy (NES), among other existing legislation and strategies. The Strategic Plan will also enable the Commission to effectively respond to the ever changing business environment in which it operates.

1.5   The Strategic Plan will be implemented by the Secretariat with policy guidance from Board of Commissioners and the Ministry of Industry, Trade and Tourism. The Secretariat shall also collaborate with other stakeholders such as sector regulators, local government authorities, regional competition bodies, traders, consumers and NGOs to minimize occurrence of anticompetitive and unfair trading practices on the market.

1.6   It is against this background that the Commission wishes to engage a consultant to develop the Commission’s 2020-2025 Strategic Plan as outlined below.

2.Scope of the Assignment

The assignment will include:

  1. Presenting the Inception Report for the assignment;
  2. Conducting the review for 2015-2020 Strategic Plan including desk search and interviews with Commission’s staff, clients and other stakeholders;
  3. Compiling and submitting the report for the Strategic Plan Review;
  4. Drafting the 2020-2025 Strategic Plan;
  5. Presenting the draft Strategic Plan to the Commission for comments;
  6. Submitting the final Strategic Plan.

3.Required Skills and Competencies

The Consultant to undertake this assignment should have the following attributes:

  1. Should have experience, knowledge and skills in developing strategic plans for organizations;
  2. The lead Consultant should be a holder of at least a Master’s Degree in Economics, Management or Statistics;
  3. Should have demonstrable knowledge in Malawi Competition Policy, Competition and Fair Trading Act, and public institution dynamics;
  4. Should have excellent skills in both oral and written English, and ability to make PowerPoint presentations.

4.0  Application Procedure

All interested individuals are requested to submit Applications, which should include Application Letter, CV, a copy of the highest academic qualification and budget for the assignment; and the envelope containing the documents should be clearly labeled “Expression of Interest to Review 2015-2020 Strategic Plan and Develop 2020-2025 Strategic Plan for Competition and Fair Trading Commission”, and addressed to:-

 

The Executive Director

Competition and Fair Trading Commission

Off Presidential Way, 1st Floor, Golden Peacock Office Complex

City Centre

Private Bag 332

Capital City

Lilongwe 3

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Applications must be submitted to CFTC on or before 24th January, 2020. Late submissions will not be considered.

5.0 Terms of Reference

Terms of Reference copies can be obtained from the Commissions office                

Competition and Fair Trading Commission

Off Presidential Way, 1st Floor, Golden Peacock Office Complex

City Centre

Private Bag 332

Capital City-Lilongwe 3

or by emailing: This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it.

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CFTC – Just Competition, Fair Trading

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