RFQ: Consultancy – Standardisation of model contract for Infrastructure, Extractives, and Energy industries in commonwealth countries

Objective

The primary objective of this consultancy is to develop a comprehensive set of model contracts for infrastructure, extractives, and energy industries within Commonwealth member countries. The consultancy will focus on:

• Promoting ease of doing business in commonwealth states resulting in a mutually beneficial outcome for all stakeholders.
• Standardizing contracting processes.
•  Enhancing contract administration.
•  Managing stakeholder expectations,
•  Facilitating sustainable investment.
• The creation of a centralized portal, which will be subject to periodic revisions to align with evolving legislation and best practices.

The Consultant

The consultant will be responsible for both the design and drafting and standardising of all the enumerated contracts amongst others identified prior to the commencement of the Consultancy period.

The consultant will undertake the design, drafting, and standardisation of the model contracts as enumerated in the project objectives. The consultant will closely collaborate with the Commonwealth Secretariat, providing regular updates and feedback on the project's progress.

The consultant will receive a fixed fee of £25,000, inclusive of VAT and all taxes, for their services. This fee covers all aspects of the consultancy, from initial concept development to the final deliverables. The duration of the project will be from October 2023 to April 2024.

The Consultant is expected to deliver on the following:

1. Concept Note on the Resource: The consultant will provide a detailed concept note outlining the scope, objectives, and methodologies of the project.
2. Review and Approval of Relevant Contracts: The consultant will identify and review existing contracts in each industry and seek approval from the Secretariat before proceeding to drafting.
3. Sample Contract Drafting: The consultant will develop approved sample contract templates for the identified industries. These templates will be designed to allow individual countries to customize them based on their negotiation needs.
4. Commentary and Explanation: For each clause in the sample contracts, the consultant will provide detailed commentary and justification in line with global and Commonwealth best practices. This will enable member countries to make informed decisions about the inclusion of clauses.
5. Alternative/Optional Provisions: The consultant will draft alternative or optional provisions that can accompany the model contracts. These provisions will reference international standards and legal regimes as appropriate.
6. Documentation Outline: The consultant will outline the necessary documentation required for the implementation of the developed contracts.
7. The model contracts should be systematically organised, with a regional, subject matter, and sector/industry-based categorisation, and they should be saved in Word format for efficient management and retrieval.

Person Specification

Education

• Bachelor’s Degree in law from a Commonwealth jurisdiction.
• A master’s degree in law, commercial law, oil and gas law, energy law, public policy; international development.
• A member of a professional body with continuing eligibility to practice law.
• Extensive knowledge of commercial contracts in the extractive, mining, energy, infrastructure, and construction industry.

Experience

• Minimum 10 years in research or consulting experience in the fields of international development, oil and gas law, mining law, energy law, commercial law, public policy, or a related technical field.
• Demonstrable experience in designing and drafting commercial contracts in the Extractive and Mining industries; Oil and Gas sector; Energy sector and Construction industry in Commonwealth Countries, particularly SIDS.
• Proven ability to work under pressure and meet deadlines.
• Excellent analytical, communication and writing skills in English language.

Please apply for this contract by submitting a Proposal to [email protected]  by 28 September 2023.  Applicants must also complete the Quote Submission Documents attached to the Request for Quotation (RFQ) document.

The brief proposal (3 pages maximum) should show how the consultancy would be carried out to meet the specific objectives set out in this TOR. It should include a short statement of the candidate’s relevant expertise and experience. 

Evaluation will be based on competency and cost. Where submissions are similar in quality, preference will be given to Contractors that are Commonwealth citizens.