Request for Expressions of Interest for Contract Transparency Study in Papua New Guinea: Assessment of Benefits, Challenges, Risks and Opportunities
The Extractive Industries Transparency Initiative (EITI) is a global standard that promotes transparency and accountability in the oil, gas and mining sectors. One of the key requirements for PNG as an EITI implementing country is to systematically disclose company payments and government receipts of extractive revenues in the annual EITI country reports through the existing systems consistent with the EITI Standard.
Contract Transparency or disclosure of extractive resources project agreements through the EITI reports is a key requirement under the EITI Standard. When EITI countries commit to contract transparency, they accept to publicly disclose the full text of any contract, license, concession or other agreements governing the exploitation of oil, gas and mineral resources. Contract Transparency allows citizens to understand the agreed terms for extractive projects in their countries and to hold the parties to these agreements accountable for their actions. This in turn creates a level playing field for resource developers and also enables governments to negotiate better deals for their citizens.
The EITI with support from USAID is seeking a competent and credible firm or individual to produce a study describing the existing legal framework for contract (or projects agreements) disclosure in PNG, and evaluating risks and challenges as well as the opportunities and benefits associated with disclosing extractive sector contracts.
The outcome of the study is expected to enhance stakeholders understanding of any potential risks and offer practical solutions on how to address such risks and reap the benefits of public disclosure. The assignment is expected to take 20 consultancy days in July and August and should be completed by end of August 2021.
The consultant must be a reputable company/one or more individual(s) with a proven reputation, perceived by the EITI International Secretariat and the EITI Papua New Guinea to be credible, trustworthy, experienced and technically competent.
The consultant will need to possess the following competencies:
- Expertise in PNG’s legal framework and contracts regime, specifically in the extractive sector relating to project agreements, MOAs, Development Agreements, UBSA, LBSAs etc. A PNG law degree or relevant background in the context of PNG is an advantage.
- Expertise in natural resource governance in PNG, as demonstrated by at least seven years of relevant work experience.
- Familiarity with the EITI Standard’s requirements on contract disclosure.
- Adequate experience in producing similar technical studies and research.
- Familiarity with PNG’s government systems, laws and policies. The consultant must demonstrate ability to access information from government through well-established networks within the PNG’s bureaucracy.
- Adequate experience in conducting consultations with various stakeholders from government, companies and civil society.
- Advanced written and communication skills in English.
To ensure quality and independence in the undertaking, the consultant must, in their technical and financial proposals, disclose any potential or actual conflicts of interest, together with a comment about how they may be avoided.
A consultant will be selected following a quality- and cost-based selection procedure.
Consultants should submit:
- A Technical Proposal, outlining: (a) the experience of the firm / consultants, (b) the proposed methodology and work plan in response to the Terms of Reference (TORs) and (c) the key experts’ qualifications and competence. The Technical Proposal should not include any financial information. Technical proposals containing material financial information shall be declared non-responsive.
- A Financial Proposal, clearly indicating a lump sum financial proposal, inclusive of all costs associated with required travel and applicable taxes. The financial proposal should clearly differentiate fees from any other reimbursable expenses. The daily rate for the consultant fees should be clearly indicated. The Financial Proposal should be sent as a password protected PDF file. The passwords should not be sent. The passwords will be requested following the assessment of the technical proposals.
Proposals must be delivered by email to SKasimova@EITI.org from the EITI International Secretariat (Oslo, Norway office) and copy to be sent to PNGEITI National Secretariat on email Francis_Diakon@treasury.gov.pg by 13 July 2021.
Terms of Reference is available on: https://eiti.org/files/documents/tor-contract_transparency_study_-_png.pdf
HEAD OF PNGEITI NATIONAL SECRETARIAT