CONSULTING SERVICES FOR THE DEVELOPMENT OF LEGAL AND REGULATORY FRAMEWORKS FOR THE OIL AND GAS SECTOR

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CONSULTING SERVICES FOR THE DEVELOPMENT OF LEGAL AND REGULATORY FRAMEWORKS FOR THE OIL AND GAS SECTOR

Published: March 04, 2021

EOI - Expression of interest

The Government of the Cooperative Republic of Guyana (GCRG) has applied for financing in the amount of US$20 Million equivalent from the World Bank (WB) toward the cost of the Guyana Petroleum Resources Governance and Management Project (GPRGMP) and it intends to apply part of the proceeds to pay a consulting firm to provide legislative drafting services for the oil and gas sector. This request for expressions of interest relates specifically to the consultancy to update the legal and regulatory frameworks for the Oil and Gas Sector under Sub-Component A.1 of the project. This subcomponent will be financed to provide Consulting Services for the Development of Legal and Regulatory Frameworks for the Oil and Gas Sector. The objective of the assignment is for the Consultant to provide legislative drafting services, inclusive of on-the-job-training, in relation to the development of the legal and regulatory framework for the oil and gas sector to the Ministry of Natural Resources (MNR), and the Petroleum Commission (PC), the sector Regulator, once established. The consultancy will encompass the Legal services under Sub-Component A.1 of the project. The services required would include: 1. Conduct a comprehensive review of Guyana’s existing legal and regulatory framework, such review to include and maximize upon existing institutional, legislative and regulatory analysis and revision documentation 1 . 2. Support the Client in detailing the legislative and regulatory instruments required to update and establish Guyana’s governance, management and oversight of the upstream, mid and downstream oil and gas sector so as to establish a modern and competitive framework. 3. On the basis of 1. and 2. above, develop a prioritised Legislative Agenda and Implementation Action Plan, in consultation with the Client.

4. On the basis of 3. above, draft the legislative and regulatory instruments required to update, replace or supplement Guyana’s legal and regulatory framework for the governance, management and oversight of the oil and gas sector (upstream, mid and downstream), in consultation with the Client.

5. Support the Attorney General’s Chambers in the review, assessment and drafting necessary to ensure that the draft legislative and regulatory instrument are finalized in good order for presentation to the National Assembly, and for passage into law.

6. Provide for the transfer of knowledge, including on-the-job training and review workshops, for selected personnel from the MNR, PC, Attorney General’s Chambers and other ministries/agencies as identified by the MNR, on legal aspects of the petroleum industry.

7. Provide overall support to the Client for the process of cohesively updating and establishing a modern and competitive governance, management and regulatory framework for the upstream oil and gas sector, including the detailing of institutional functions, roles and responsibilities, operational coordination mechanisms, and systems of operational checks and balances for the institutions charged directly with the sector oversight, and particularly the functions to be discharged by the MNR and the PC.

8. Provide ad hoc legal advice on matters arising from the MNR’s governance and management of the petroleum sector as requested by the Client. The estimated duration for the assignment is for twenty-four (24) months commencing in July 2021 during which time the Consultant is expected to be physically present in Guyana for at least 35% of the twenty-four (24) months contract period. The Consultant will agree on a schedule of hourly or daily rates over the Contract duration.

The GPRGMP now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the aforementioned services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the services, such as, description of similar assignments, experience in similar conditions, and availability of appropriate skills among staff. The consulting firm should be internationally recognized with extensive experience providing professional opinions to Governments on oil and gas sector issues and meet the following requirements:

1. The consultant must be an internationally recognized law firm with extensive experience providing professional opinions to Governments on oil and gas sector issues. Consultants may associate to enhance their qualifications

2. The Consultant may propose the best team combination to achieve the overall goal. All team members are expected to show their credentials. To be considered for the assignment, proposed team members should all be fluent in both oral and written English, have in-depth international expertise, and the following minimum qualifications. (Note that consultants are invited to propose further skills as deemed appropriate for meeting the needs of the assignment):

(a) A lawyer specialized in petroleum law with minimum 15 years of experience in developing legal and regulatory frameworks for the oil and gas industry, been directly involved in at least three similar assignments.

(b) A lawyer having a minimum of twelve (12) years’ experience in the development of Production Sharing Contracts;

(c) A lawyer having a minimum of twelve (12) years’ experience in maritime law and the development of maritime legal and regulatory frameworks for the oil and gas industry;

(d) A lawyer having a minimum of twelve (12) years’ experience in Health, Safety and Environment law and the development of Health, Safety and Environment legal and regulatory frameworks for the oil and gas industry; and

(e) A lawyer having a minimum of twelve (12) years’ experience in Environmental law and the development of Environmental legal and regulatory frameworks for the oil and gas industry. 3. The nominated team members must demonstrate his or her experience and ability to advise in their individual areas of expertise.

 4. A team member’s previous experience of advising the World Bank or its agencies on oil and gas sector regulatory reform must be disclosed.

The attention of interested Consultants is drawn to paragraph 3.16 of the World Bank’s Procurement Regulations for IPF Borrowers (published by the Association in September 2016), setting forth the World Bank’s policy on conflict of interest.

Consultants may associate to enhance their qualifications. The associations should clearly indicate the form of the association (Joint-venture or sub-consultancy; member in charge; other member/s and or sub-consultants). Joint ventures should submit letters of intent indicating their intent to form a joint venture if awarded the contract and shall provide the above-mentioned information for each member of the joint venture.

A Consultant will be selected in accordance with the “Quality-And-Cost Based Selection (QCBS) method set out in the procurement Regulations.

Further information can be obtained at the address below during office hours 0900hrs to 1600hrs.The Terms of Reference can be viewed on the Ministry of Natural Resources’ website : https://nre.gov.gy/ Expressions of interest must be delivered to the address below (in person, or by mail, or by fax, or by e-mail by Wednesday March 17, 2021.

Ministry of Natural Resources Guyana Petroleum Resources Governance and Management Project Attn: Mr. J. McKenzie, Permanent Secretary 96 Duke Street, Kingston Georgetown, Guyana Tel: (592)-231-6375 E-mail: devin.munroe@motp.gov.gy

Type of Notice: EOI - Expression of interest

Published Date: March 04, 2021

Closing Date: March 17, 2021

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