INVITATION FOR EXPRESSION OF INTEREST (EOI)

PROVISION OF CONSULTANCY SERVICES FOR REVIEW AND DRAFTING OF THE COMPETITION AND FAIR TRADING ACT AND THE COMPETITION AND FAIR TRADING REGULATIONS

Procurement Reference No.:          CFTC/CS/22/01/01

Date of Issue: 11th January 2022

  1.  Background

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.

The CFTC has allocated funds and intends to apply part of the proceeds of these funds towards the cost of procurement of consultancy services for Review and Drafting of the Competition and Fair Trading Act (CFTA) and the Competition and Fair Trading Regulations (CFTR).

  •  Rationale

Competition and consumer protection law enforcement needs to respond to changes in the needs of and dynamics in the operation of the private sector and the economy as whole. Since the CFTA and CFTR were enacted, the policy and economic environment has changed. The current competition and fair trading regime needs to respond to these changes. Furthermore, over the years there are lessons that have been learnt with regard to enforcement of the CFTA which need to be incorporated in the competition and fair trading enforcement framework.

The main objective of the assignment is, therefore, to draft legislation governing competition and fair trading in Malawi which will be easy to enforce and adhere to. Therefore, the specific objectives of the proposed review and amendment of the CFTA and CFTR are:

  • To eliminate the horizontal overlap of mandate between the CFTA and the Consumer Protection Act by merging their enforcement mechanisms;
    • To align the CFTA to the current economic and policy environment;
    • To align the CFTA to international best practices to make it easy to enforce and comply with; and
    • To address the gaps in the CFTA and CFTR pertaining to competition and consumer protection.
  •  Scope and methodology of the assignment

The assignment will be done in two phases. The first phase will involve identification of areas to be proposed for amendment through consultations and the second phase will be the actual drafting of the CFTA  Amendment Bill and corresponding CFTR. The identification of areas for amendment will entail reviewing the existing competition and consumer protection legislation and existing relevant economic policies as well as best international practices in competition and consumer protection law enforcement. The consultants will, after identifying areas for amendment, draft a revised legislation to govern competition and consumer protection in Malawi. The consultants will, therefore, have to undertake the following tasks:

  • Review the CFTA and CFTR; and existing relevant policies to identify provisions for amendment;
    • Conduct a review of international best practices currently being applied to identify elements that should be included in the Malawi competition and consumer protection legislation;
    • Review the Consumer Protection Bill (which was already drafted) to among other things provide for the CFTC to be the enforcement agency for the Consumer Protection Act;
    • Draft a bill that will repeal the CFTA and to align the Act to the new developments in competition law enforcement and Government’s policy direction;
    • Draft the amended CFTR; and
    • Consult stakeholders on the proposed amendments.
  •  Estimated Duration for the Assignment

The total period for the assignment including the submission of the draft bills and amended CFTR is forty-five (45) days.

  •  Skills and Competencies

CFTC is looking for a team of consultants with a strong record in the area of competition and consumer protection law enforcement and legislative drafting. The consultants should have postgraduate degrees in Law and Economics with particular focus in industrial economics/competition. The Consultants must hold professional qualifications in legislative drafting and be persons with at least 5 years of legislative drafting experience in Malawi. Foreign consultants can apply, but are required to partner with a local consultant with the relevant experience in the field. Specifically, the Consultants should have the following skills and competencies among others:

  • In depth knowledge and practical experience in legislative drafting;
  • Practical and theoretical understanding and knowledge of competition and consumer protection law enforcement;
  • Demonstrable experience in conducting similar assignments;
  • Familiarity with Malawi’s legislative framework and competition regimes;
  • Ability to write concise analytical reports of publishable quality; and
  • Excellent verbal and written communication skills.

Expressions of interest will be evaluated in accordance with the Public Procurement and Disposal of Public Assets Act of 2017 and Public Procurement Regulations 2020. Participation is open to all eligible bidders.

A shortlist of a maximum of six (6) legal firms shall be invited to submit technical and financial proposals for the provision of the consultancy services to the Commission. The proposals shall be evaluated using a Quality & Cost Based Selection (QCBS) selection methodology.

Interested eligible bidders may submit expressions of interest to the address below. The submission MUST include:

  • Relevant registration documents;
  • Tax Payment Number Certificate;
  • Tax Clearance Certificate for the immediate business year;
  • Names of the Directors;
  • Qualifications of key personnel; and
  • Proof of previous similar or equivalent assignments.

Expressions of Interest must first be registered then deposited in a Tender Box that will be placed close to the Reception at or before 31st January 2022 at 14:00 PM. The EOI shall be opened on 31st January 2022 at 14:00PM. Late submissions shall be rejected. You are encouraged to attend the bid opening function.

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: [email protected]

For clarification, contact Senior Procurement Officer on phone number +265 310 001 440/1 (office) or +265 888 550 539 (mobile). All calls MUST be made during working hours ONLY. Or through email [email protected].