South Sudan has an estimated population of 13.3 million (2020. Est) in an area of 644,000 square kilometres, with a low average population density (20.6 per square kilometres). The population growth rate is exceedingly high at 3.1 percent (2010-2019) with 40 percent of the population younger than 15 Years and 73 percent below 25 years. An estimated 80% of the population lives in rural areas (as compared to 60% in overall sub-Saharan African in 2018) with limited access to services, support, and markets.
South Sudan National Development Strategy (NDS) aims to transform the economy to a more diverse production structure, scaling-up resilience to external shocks and providing a path to consolidate peace and stabilise the economy. Creating an enabling business environment to attract investment, support inclusive trade and private sector development is at the centre of Governments development agenda. South Sudan Trade policy agenda seeks to create a dynamic and competitive economy in which trade contributes to equitable distribution of wealth, peace and prosperity.
A sound Competition regime can play a key role in achieving inclusive growth and sustainable development as envisaged in the trade policy and development agenda. Competition can bolster economic growth by fostering more productive firms and industries, allowing domestic firms to become more competitive abroad, export more, and generate more value added to the economy. Effective competition regime can enhance household welfare by encouraging firms to deliver the best deals for consumers, protecting households from paying overcharges for essential consumer goods, and facilitating access to a broader set of goods.
Developing an effective Competition law enforcement regime is therefore a good instrument for transforming product input markets, and boosting productivity, innovation, competitiveness, and inclusive growth. Competition Law enforcement can also help the poorest population groups access a wider variety of competitively priced goods. Furthermore, competition in public procurement delivers savings for the government and increases the efficiency of infrastructure and social services provision. Effective competition regime —that ensures open markets, an environment with low barriers to entry and low operational risks, and effective rules that prevent anticompetitive business practices, guarantee competitive neutrality, and enhance private sector participation in commercial activities—is expected to contribute to achieving the national development goal.
Despite the potential benefits of an effective competition regime and the ongoing East Africa Community (EAC) and Africa Continental Free Trade Area (AfCFTA) integration process, South Sudan is yet to establish a national Competition Law and regulatory institution. Lack of enabling environment to support the development of an effective competition regime is also attributed to limited understanding on the potential benefits of an effective competition regime and Basic Concepts of Competition policy and Law.
It is in this context that the Government of South Sudan is seeking to strengthen its competition regime by enacting competition law to promote efficiency, enhances the development of productive sector, and protect consumers. The Enactment of Competition Legislation is expected to support the implementation of the EAC competition Act 2006 and competition protocol of the AfCFTA. The draft Trade Policy Framework for South Sudan recommends the need to enact Enact competition law to promote efficiency, enhances the development of productive sector, and protect consumers;
This consultancy comes under “South Sudan Tier 1 trade capacity development project, funded by Enhanced Integrated Framework (EIF) Facility through UNDP. The EIF is a multi-donor programme which supports Least Developed Countries (LDCs) to be more active players in the global trading system. As part of the project, UNDP, as the Main Implementing Entity, is seeking the services of a qualified Competition Policy and Law Expert with experience in Drafting Competition legislation and strengthening capacity of stakeholders on competition policy and law
Duties and Responsibilities
The overall Purpose and Objective of the Consultancy
The objective of the assignment is to draft South Sudan Competition Bill and to strengthen the capacity of stakeholders on competition policy and law in line with broader principles of EAC competition Act 2006 and provisions of competition protocol of the AfCFTA. This is expected to strengthen the enforcement and institutionalisation of competition regime in South Sudan.
Scope of work
- The consultant is required to undertake the following specific key tasks to achieve the assignment objective
- Develop a scoping report, outlining the proposed approach in undertaking the assignment against the time frame provided;
- Undertake Scoping Mission, engage key stakeholders including private sector, Relevant Government Line Ministries and civil society to discuss the objectives and scope of the assignment;
- Gather information on key competition concerns, rationale, objectives and principles of the proposed competition bill, identify key legislative gaps and develop key recommendations in consultation with key stakeholders;
- Present key emerging findings and proposed recommendations in a stakeholders’ workshop in Juba;
Drafting Scoping Report
- Draft Scoping Report with key competition concerns, rationale, objectives and principles of the proposed competition bill, competition related legislative gaps and proposed recommendations. The Scoping report should also consider conformity with relevant WTO provisions, EAC 2006 Competition Act and competition provisions in the AfCFTA competition protocol.
- Consult with relevant focal points at the EAC and AfCFTA level to ensure the proposed recommendations are in line with the regional completion provisions;
- Present the Draft scoping report in a validation workshop;
- Incorporate stakeholder’s comments and inputs in the draft to inform final scoping report;
- Finalise and submit the Scoping Report based on the outcome of the validation workshop
Drafting Competition Bill
- Draft Competition Bill in line with the recommendations in the Scoping Report. The bill should seek to establish competition institutional framework, prohibit anticompetitive practices, prevent abuse of dominance and to support the implementation of the regional competition provisions in EAC and AfCFTA. The draft bill should seek to promote efficiency, enhance the development of productive sector, and protect consumers;
- Present and validate the draft competition bill with key stakeholders including Ministry of Justice; Ministry of Trade and Industry
- Finalise and submit the draft Competition bill to Senior Programme Advisor UNDP and 1st Under Secretary, Ministry of Trade and Industry
Training on Competition Policy and Law
- Develop and submit a training Manual on key thematic areas including but not limited to basic concepts of competition policy and law; benefits of competition policy and law; competition Concerns and anticompetitive practices; Competition enforcement and institutional framework; Competition Agency and Sector regulator interface; key provisions of South Sudan draft Competition Bill, Competition law and Consumer protection; Competition provisions in EAC and AfCFTA, National and regional Competition Agency interface etc. The manual should include specific case studies drawn from experiences in developing context;
- Deliver a three-day training in line with approved training Manual. The training should be delivered after finalisation of the Draft Competition Bill
- Undertake pre and post training evaluations;
- Develop training report with key sessions covered including pre and post training evaluation analysis;
The consultant is required to produce the following outputs:
- Inception Report indicating how the consultant proposes to undertake the tasks with timelines
- Scoping Report with key competition concerns, competition related legislative gaps and proposed recommendations and implementation roadmap for enacting competition Act and establishing competition agency .
- Draft Competition bill with explanatory note explaining the key provisions of the draft Legislation;
- Training Manual on introduction to Competition Policy and Law;
- Training outcome report with, feedback analysis, testimonials, pre- and post-training evaluation analysis;
- Demonstrates professional competence and expertise on the subject matter
- Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
- Able to work in team environment
- Treats all people fairly without favouritism
- Knowledge and understanding of theories, concepts and approaches relevant to competition policy and law
- Ability to identify issues, analyze and participate in the resolution of issues/problems.
- Ability to conduct data collection using various methods.
- Conceptual analytical and evaluative skills to conduct independent research and analysis, including familiarity with and experience in the use of various research sources, including electronic sources on the internet, intranet and other databases.
- Ability to apply judgment in the context of assignments given, plan own work and manage conflicting priorities.
- Shows pride in work and in achievements; demonstrates professional competence and mastery of subject matter; is conscientious and efficient in meeting commitments, observing deadlines and achieving results;
Required Skills and Experience
- At least a master’s degree in international law, commercial law, competition policy and law or related legal qualification
Specific professional experience
- Have at least 10 years’ experience in legal drafting on competition law and policy;
- Demonstrated experience and understanding of competition law and policy in developing context;
- Demonstrated experience in drafting competition law and building capacity of stakeholders in the area of competition policy and law; particularly in developing countries;
- Demonstrated experience in designing and delivering training in the area of competition law enforcement
- Demonstrated familiarity with the social and economic conditions of post conflict environment;
- Fluency in written and spoken English language is required.
- The Consultant will work with Ministry of Trade and Industry and UNDP’s STARR Unit. He/she should visit various stakeholders in the course of undertaking the assignment.
- Ministry of trade and Industry will provide access to office space, organise meetings and provide administrative support where needed;
- The Consultant will be responsible for providing her/his own laptop.
- The consultant will report to the Senior Program Advisor in UNDP and Undersecretary, Ministry of Trade and Industry , who will review and approve delivery of outputs.
- Inception Report indicating how the consultant proposes to undertake the tasks ,with timelines 10%
- Draft Scoping Report with key competition concerns, rationale, objectives and principles of the proposed competition bill, competition related legislative gaps, proposed recommendations and roadmap for enacting competition Act and establishing competition agency 20%
- Final Scoping Report with key competition concerns, competition related legislative gaps , proposed recommendations and roadmap for enacting competition Act and establishing competition agency 20%
- Final Draft Competition bill with explanatory note explaining the key provisions of the draft Legislation; 30%
- Training Manual on Competition Policy and Law in line with section 4(d) of the TOR ; Training outcome report with ,feedback analysis ,testimonials pre- and post-training evaluation analysis; 20%
The available starting date and fees of the assignment which is subject to negotiation should be clearly stated in the Letter of Interest. Applications should be received no later as indicated above
Technical proposal comprising of the following:
- Articulation of technical approach to the assignment/tasks, including the methodology and indicative work plan/timeline
- Letter of Confirmation of Interest and Availability using the template provided by UNDP
- Personal CV or P11, indicating all prior experience with similar projects, as well as the contact details (email and telephone number) of the Candidate and three (3) professional references
- Brief description (max. 1 page) of why you consider yourself as the most suitable for the assignment, and a methodology (max. 1 page) for how you will approach and complete the assignment
- Financial proposal: Indicating the all-inclusive, fixed total contract price, supported by a breakdown of costs.
- Consultancy Evaluation Criteria
- Offers received will be evaluated using a Combined Scoring method, where the qualifications and Required Skills and Experience will be weighted 70%, and combined with the price offer, which will be weighted 30%.
Consultancy Evaluation Criteria
- Offers received will be evaluated using a Combined Scoring method, where the qualifications and Required Skills and Experience will be weighted 70%, and combined with the financial offer weighted 30%.
Technical evaluation criteria
Criteria to be used for rating the qualifications and Required Skills and Experience is outlined below:
- Master degree in International law, commercial law, competition policy and law or related legal qualification 10%
- Have at least 10 years’ experience in legal drafting competition law 10%
- Demonstrated experience in drafting competition legislation and building capacity of stakeholders in the area of competition policy and law; particularly in developing countries 15%
- Demonstrated experience in designing and delivering training in the area of competition law enforcement 20%
- Demonstrated experience in the area of drafting competition legislation and policy, particularly in developing countries 15%
NOTE: Only candidates obtaining a minimum of 49 points in the Technical Evaluation will be considered for the Financial Evaluation.
Financial evaluation (total 30 points)
All technically qualified proposals will be scored up to 30 based on the formula provided below. The maximum points (30) will be assigned to the lowest financial proposal. All other proposals receive points according to the following formula: p = y (x/z)
- p = points for the financial proposal being evaluated
- x = Price of the lowest priced proposal
- y = maximum number of points for the financial proposal price of the lowest priced proposal
- z = price of the proposal being evaluated.
UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.