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Ministry of Commerce and Industry / 06/Sep/2023 /

Hiring of Firm to carry out Transaction Advisory Services for all Agricultural Concessions that are up for Renegotiation in 2023 Re. No.: LR-MOCI-371010-CS-QCBS.

Assignment Title: Hiring of Firm to carry out Transaction Advisory Services for all Agricultural Concessions that are up for Renegotiation in 2023 Re. No.: LR-MOCI-371010-CS-QCBS.

Procurement Method: Quality and Cost Based Selection (QCBS) Method

Duration: 12Months 

 

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 Consulting Firms (“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.

Key Experts will not be evaluated at the shortlisting stage.

The Consulting Firm will be selected in accordance with the Quality and Cost Based Selection (QCBS) Method of selection as set out in the Procurement Regulations for IPF Borrowers dated 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 September 18, 2023. Please indicate the title of assignment in your submission with subject: “Re: Hiring of Firm to carry out Transaction Advisory Services for all Agricultural Concessions that are up for Renegotiation in 2023; Ref. No.:LR-MOCI-371010-CS-QCBS.

 

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/fahnco76@yahoo.com

 

Terms of Reference

Hiring of Firm to carry out Transaction Advisory Services for all Agricultural Concessions that are up for Renegotiation in 2023

Post Title: Concessions Revision Firm
Location of Post: Headquarters of the National Investment Commission, Sekou Touré Avenue, Monrovia, Liberia
Contract Duration: 9 months
Reporting Line: Chairman of the National Investment Commission and LIFT-P/PIU through the SME Specialist
Recruitment: Renegotiation of Agriculture Concessions up for Review (Open International)
Type of Contract Consulting Firm

 

1.0 BACKGROUND:

1.1 The World Bank has approved a financing package to improve the investment climate, expand sustainable access to finance, and increase the efficiency of trade in Liberia. The Liberia Investment, Finance, and Trade (LIFT) project, financed by the International Development Association (IDA) in the amount of $40 million ($20 million grant and $20 million loan. The Liberia Investment, Finance and Trade (LIFT) Project is the first World Bank /International Development Association (IDA) project in support of Liberia’s private and financial sectors, and the first operation for the main beneficiaries, the Ministry of Commerce and Industry (MOCI), and the Central Bank of Liberia (CBL).

The project development objectives are to:

a) Improve the Investment Climate;

b) Expand sustainable Access to Finance;

c) Improve Capacities and Skills to benefit from new agribusiness employment and value chain opportunities; and

d) Increase the efficiency of trade in Liberia.

The LIFT project is supporting Liberia’s Pro-poor Agenda for Prosperity and Development (PAPD), particularly; pillar two that focuses on Economy and Jobs. It has been prepared under the Government’s leadership and in close collaboration with the International Finance Corporation (IFC) and other Donors that are also supporting Liberia’s private and financial sectors.

The National Investment Commission (NIC) is one of the executing agencies in implementing the project. The Private Sector Development (PSD) a Department within the National Investment Commission (NIC) is serving as the lead on the implementation of the business and investment climate policies, legal, and administrative procedure reform.

 

2.0 PURPOSE OF THE ASSIGNMENT:

2.1 In an effort to improve the terms, conditions and subsequently modernizing all long–term Agriculture Concession Agreements, the Government has embarked on a policy to ensure that these long-term agricultural projects are brought in line with recent model agreements. However, some of the existing concessionaires are requesting the expansion of their current developed area to conform to new obligations that will be imposed by the Government and the Affected Communities.

The firm will work closely with key Ministries and Agencies in order to achieve “the single purpose” of Re-negotiating the existing Concession Agreements. There are critical steps required by law to fulfill in order to commence negotiations.

 

3.0 OBJECTIVES:

3.1 The objectives of this consultancy are as follows:

The firm will “Advise & support” the Government negotiation team (Inter-Ministerial Concession Committee – IMCC) as well as work with other key ministries prior to the renegotiations of two long-term agriculture concessions.

There are two long term agriculture concessions agreements that are required to be renegotiated and the terms and conditions improved.

 

4.0 SCOPE OF SERVICES

4.1 The selected firm will undertake the following tasks:

a. Support the government effort to carry out Monitoring & Compliance of the Concessionaires involved in collaboration with other stakeholders. (Technicians from 8 Ministries and Agencies to travel to Concession Areas to conduct monitoring and compliance exercises)

b. Support the government with respect to applicable land reform policies such as; eg. Free Prior Informed Consent (FPIC), survey review of additional land area if requested by the concessionaires, taking into consideration applicable national Legislative processes.

c. Serve as the Transaction Advisor (legal, technical and financial) to the government through the IMCC on the re-negotiations process.

 

5.0 DELIVERABLES:

• Ensure that Monitoring & Compliance is conducted

• Ensure that FPIC and Survey are conducted

• Ensure that the Agreement is renegotiated

 

6.0 OUTLINED DELIVERABLES

 

Screenshot-2023-09-06-234432

7.0 REPORTING REQUIREMENT:

7.1 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, the firm will submit all reports directly to the Project Coordinator/Director of Investment Promotion at NIC with copy to the LIFT-P PIU and MOCI.

 

8.0 QUALIFICATION, EXPERIENCE AND SKILLS:

The following qualifications and skills must be met by the firm in order to be considered eligible to undertake the tasks layout under the Scope of Services.

 

Key Experts

Position Required SKills
Agriculture Expert

-A minimum of Master’s Degree in Agriculture (Agronomy, agricultural Economics, Plan pathology, Administration, etc),

- A minimum of 10 years working in high level technical and or decision making positions such as senior Consultant, minister, agricultural researcher, etc.

- Experience in developing agricultural policy, policy brief and policy research and skilled in negation.

- Demonstrated experience having to have been involved with agriculture projects and its operations in Liberia and having a fair understanding of the historical perspective of agricultural concessions in Liberia is desired.

Legal Expert

-A minimum of LLB in Law with 10 years’ experience in the practice of law or a master’s degree in law with minimum 5 years in the practice of law (practicing law in Liberia or the sub-region is an advantage).

- Demonstrated experience working as a lawyer for concessionaires or being a part of government’s negotiation team in any concession agreement is desired. - Demonstrated ability to advise or provide direction/guide negotiating parties on best options is a plus.

- Relevant knowledge in policy drafting and experience in drafting concession agreements, policies, regulations and strategies with their understanding in Sub-Sahara Africa, mainly ECOWAS Region/Liberia is desired.

- Demonstrated knowledge of contract negotiations, contract drafting, experience in conducting research, identifying, and analyzing constraints and opportunities that come with concession agreement, advancing workable solutions based on best practice is desired.

 

9.0 OTHER COMPETENCIES AND SKILLS

• Ability to analyze complex legal agreement

• Ability to advice public officials

• Communicates effectively

• Attention to detail

• Innovative

• Team player

• Ability to work long hours

• Ability to travel to host country

 

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

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