Expressions of Interest (EoI) 

Consultancy to conduct a gap assessment study on the implementation of the provisions of the AfCFTA Competition Policy Protocol. 

Reference number: 83459010

Publication date: 02.02.2024 

Introduction

The Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH is a federally owned international cooperation enterprise for sustainable development with worldwide operations. The GIZ Office in Kigali covers GIZ’s portfolio in Rwanda and Burundi. GIZ Rwanda/Burundi implements projects on behalf of the German Federal Ministry for Economic Cooperation and Development, the European Union and other commissioning authorities in the following priority areas: Sustainable Economic Development; Good Governance; Climate, Energy and Sustainable Urban Development; Digitalization and Digital Economy; and regional projects in the Great Lakes Region.

Context  

The AfCFTA is the world’s largest free trade area bringing together the 55 countries of the African Union (AU) and eight (8) Regional Economic Communities (RECs). As part of its mandate, the AfCFTA is to eliminate trade barriers and boost intra-Africa trade and advance trade in value-added production across all service sectors of the African Economy. The AfCFTA will contribute to establishing regional value chains in Africa, enabling investment and job creation. The practical implementation of the AfCFTA has the potential to foster industrialization, job creation, and investment, thus enhancing the competitiveness of Africa in the medium to long term.

Through the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), Germany currently provides technical support to the African Union Commission (AUC), specifically to the Department of Economic Development, Trade, Tourism, Industry and Minerals (ETTIM) and the AfCFTA Secretariat, with its project “African Continental Free Trade Area (AfCFTA)”. The project’s main objective is to strengthen the framework conditions for intra-African trade. Besides the outstanding topics of AfCFTA Phase I on Trade in Goods and Trade in Services, phase II and III issues, such as Investment, competition policy, Intellectual Property Rights, and digital trade are supported. Furthermore, involvement of the private sector and civil society are supported. 

To this end, the project pursues a multi-level approach on the continental level working with the AUC DTI and AfCFTA Secretariat, at the regional level supporting Regional Economic Communities (RECs), and the national level, specifically in the projects focus countries, like Rwanda. 

Rationale 

The adoption of the AfCFTA Protocol on Competition Policy constitutes a significant step in the process of continental integration. In the absence of safeguards regulating anti-competitive practices, businesses can abuse their dominant market positions through price fixing cartels, predatory behavior that eliminates local competition and other market-sharing agreements. Competition law is at the heart of making market economies functional. The objective of the protocol is therefore to eliminate anti-competitive and other restrictive business practices for improved market efficiency, inclusive growth and to ensure that gains from trade liberalization are not negated or undermined by anti-competitive practices.

The Competition Protocol includes definitions of key provisions such as “anti-competitive business practices” which decide the practices that are to be considered incompatible with the proper functioning of the market. These include, amongst others, decisions on mergers and acquisitions, prohibitions of certain horizontal and vertical anti-competitive business practices or related practices that lead to market distortion. Other provisions include the establishment of the AfCFTA Competition Authority, which will function as an autonomous body with powers to administer and enforce provisions of the Protocol and decide on any undertakings, including approving mergers.

Today, competition in many African countries is restricted by business practices that undermine competitive dynamics and by government interventions and regulations that create obstacles to healthy competition, often aggravated by the absence of competition laws or weak enforcement of existing laws. As the AfCFTA effectively eliminates tariffs and non-tariff barriers between its State Parties, new opportunities for competition to a wider continental market arise.  The Competition Protocol will play a key role in the effort to ensure healthy competition on the continent, accelerate reduction of consumer prices, and improve business practices conducive for Africa’s socioeconomic transformation.

In Rwanda, a conducive policy and legal environment has greatly contributed to the realization of eliminating anti-competitive business practices. Rwanda Competition Policy aims to promote fair competition; its purpose is not to condemn or penalize those industries in Rwanda that have large shares of the market. Large and strong companies can enjoy economies of scale that enable them to minimize costs and withstand both domestic and foreign competition. On the other hand, such firms can occasionally practice anti-competitive behavior. It is important to ensure that consumers are adequately protected from firms, whether large or small, which engage in collusion that is designed to prevent competition.

Rwanda signed and ratified the AfCFTA agreement and is currently keen to implement the AfCFTA commitments including the implementation of the AfCFTA Competition Policy protocol.

Therefore, It is within this background that GIZ is seeking a consulting firm to conduct a gap assessment study on the implementation of the provisions of the AfCFTA protocol on Competition Policy. 

Objectives and scope of the assignment. 

 The purpose of the assignment is to prepare an assessment report detailing the existing gaps in Rwanda in line with the provisions of the AfCFTA protocol on competition policy. The assessment report will suggest possible strategies, implementation modalities and specific recommendations of bridging the identified gaps to successfully implement all the provisions of the AfCFTA protocol on competition policy. 

Specific tasks to be performed by the contractor. 

• Analysis of the existing policies, laws, and regulations on competition policy
• Identify the existing gaps in the implementation of the existing laws and regulations
• Analysis of implementation gaps of the provisions of the AfCFTA protocol on competition policy
• Assessment of the similarities between the national policies, laws and regulations on competition policy and the provisions of the AfCFTA protocol on competition policy
• Assessment of the how Rwanda Inspectorate, Competition and Consumer protection (RICA) implements other regional commitments relating to competition policies
• Assessment of how harmonization of policies, laws and regulations is done between Rwanda and the East African Community (EAC) Competition Authority
• Proposal of how national laws and regulations can be harmonized with the provisions of the AfCFTA Competition policy
• Propose policy recommendations to bridge the identified gaps in the implementation of the existing laws and regulations.
• Propose policy recommendations to bridge the identified gaps in the implementation of the provisions of the AfCFTA protocol on competition policy 

The scope of work for the consultancy shall cover all activities necessary to accomplish the stated objectives of the project, whether a specific activity is cited in these terms of reference or not. During the first week of the assignment there will be an inception meeting between all parties (the consultant, GIZ, MINICOM, RICA and other relevant stakeholders) to introduce the assignment, clarify any open questions and to further determine the scope of work and the way forward (activities). 

The contractor is responsible for providing the following.

• The consultant is expected to produce an inception report with a detailed workplan and methodology.
• Zero draft of the gap assessment report with findings and implementation plan for review by all stakeholders
• Final draft of the gap assessment incorporating inputs from stakeholders
• Preparation and technical facilitation of the validation workshop of the gap assessment report. 

Period of Assignment

The assignment is expected to be implemented within the period of 1^st April – 30 May 2024. The total number of estimated days is 25 working days. The assignment requires physical presence in Rwanda (Kigali) as the study implies interviews with all relevant stakeholders and onsite research. 

These milestones, as laid out in the table below, are to be achieved within the contract period. These milestones are for both the assessments. 

Personnel concept

The Consultant firm will provide one (1) Lead consultants and one (1) expert assigned to this activity. 

The consulting firm should have a long-standing experience working in areas of Competition policy, trade policy, regional and international trade.  Additionally, the consulting firm should understand the free trade agreements especially the African Continental Free Trade Area (AfCFTA) matters and the WTO Competition Policy. The firm should also show previous experience working with other cooperating partners in the areas of competition policy and Free trade agreements. 

The firm should also show experience of having previously worked with competition authorities and having a good understanding of regional and international competition and trade policies. 

In the offer, the contractor is required to show how the objectives defined (Tasks to be performed) are to be achieved, if applicable under consideration of further method-related requirements (technical-methodological concept). 

The consultant team shall consist of one lead consultant and one expert. 

Qualifications of the lead consultant:

• 2.1.1 Post graduate qualification in Economics, International Business, law , International Trade and any other elated field 
• 1.2. Fluent in spoken and written English ( must be stated in the CV )
• 2.1.3 Atleast ten (10 ) Years’ Experience in analytical works and economic analysis
• Knowledge and technical understanding of local regulatory framework, and trade procedures of Rwandan regulatory agencies.
• 1.4 Knowledge and understanding of theories, concepts and approaches relevant to competition policy and law, Experience and proven track record in working on competition laws,
• 2.1.5 Proven ability to develop trade related studies, competition policies and papers evidenced by 2 assignments.
• 2.1.6 In depth understanding of regional competition policies like the East African Community Competition policy and the WTO Competition Policy. Having a good understanding of the AfCFTA matters particularly the AfCFTA protocol on competition policy

Qualifications of the Expert:

• 2.2.1 University degree in Economics, International relations, business law, International Trade, and other related fields.
• 2.2 Fluent in spoken and written English (must be indicated in the CV)
• 2.2.3 Seven (7) Years’ Experience in analytical works and economic analysis, designing and implementing Competition Policy and trade policies. 
•  2.2.4 Proven ability to develop trade related studies, Competition Policy – at least 2 reference projects completed
• 2.2.6 Proven experience to having participated in AfCFTA matters particularly the AfCFTA protocol on IPR- atleast 3 similar assignments with proof. 

Costing requirements 

Specification of inputs 

Technical-methodological concept. 

Strategy (1.1): The contractor is required to consider the tasks to be performed with reference to the objectives of the services. Following this, the contractor presents and justifies the explicit strategy with which it intends to provide the services for which it is responsible (Tasks to be performed).

The contractor is required to present the actors relevant for the services for which it is responsible and describe the cooperation (1.2) with them.

The tenderer is required to present and explain its approach to steering the measures with the project partners (1.3.1) and its contribution to the results-based monitoring system (1.3.2).

The contractor is required to describe the key processes for the services for which it is responsible and create an operational plan or schedule (1.4.1) that describes how the services (Tasks to be performed by the contractor) are to be provided. In particular, the tenderer is required to describe the necessary work steps and, if applicable, take account of the milestones and contributions of other actors (partner contributions) (1.4.2).

The tenderer is required to describe its contribution to knowledge management for the partner (1.5.1) and GIZ and to promote scaling-up effects (1.5.2) under learning and innovation.

Project management of the contractor (1.6)

The tenderer is required to explain its approach for coordination with the GIZ project.

Inputs of GIZ 

GIZ will assume the costs for the venue for the validation workshop and the catering during the workshop.

Submission of offer

The Expression of Interest should contain the following:

Technical Proposal:

• A cover letter expressing your interest in this assignment.
• Technical proposal with a brief description of why you would be considered as the most suitable for the assignment, relevant expertise, and a detailed, clear methodology, your approach to complete the assignment.
• CV of the Experts proposed.
• Company registration certificate (RDB), VAT Registration certificate and Latest tax clearance certificate
• Proof of successful completion of related assignments, and previous assignment related to intellectual property will be an added advantage

Financial Proposal: 

Financial offer indicates the all-inclusive total contract price, supported by a breakdown of all costs based on parameters provided in “Specification of inputs”. The costs must be in RWF and VAT excluded. 

Please submit electronically your EoI (technical & Financial offer) in 2 separated emails and should be in PDF files to this email ONLY: RW_Quotation@giz.de  until latest 15^th February 2024 

Please you must write on each email subject this sentence:  83459010-Technical/financial offer, without this sentence, your offer may not be considered. 

Hard copies are not allowed this time

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