Procurement Summary
Country : Ethiopia
Summary : Consultancy Services for Legal Expert Services to Redraft the Dispute Settlement Mechanism and Establishment of its Institutions
Deadline : 24 Aug 2018
Other Information
Notice Type : Tender
TOT Ref.No.: 25857085
Document Ref. No. : AUC/IED/C/277
Competition : ICB
Financier : Self Financed
Purchaser Ownership : -
Tender Value : Refer Document
Purchaser's Detail
Purchaser : AFRICAN UNION COMMISSION (AUC)
Head of Procurement Travel and Store Division
P.O. Box 3243, Roosevelt Street Addis Ababa
Tel: +251 (0) 11 551 7700 – Ext 4305
Fax: +251 11-551-7844
Ethiopia
Email :tender@africa-union.org
Tender Details
Tenders are invited for Reoi - Consultancy Services for Legal Expert Services to Redraft the Dispute Settlement Mechanism and Establishment of its Institutions and Enhancing the Single African Air Transport Efficiency.
Closing Date: Friday, August 24, 2018 - 15:00
Sector: Legal Services
Description: REOI - Consultancy Services for Legal Expert Services to Redraft the Dispute settlement Mechanism and establishment of its institutions and Enhancing the Single African Air Transport Efficiency.
Tender number: AUC/IED/C/277
Closing date and time: August 24th, 2018 at 15:00
Terms of Reference for Legal Expert Services to redraft the Dispute Settlement Mechanism and establishment of its institutions – Enhancing the Single African Air Transport Efficiency
1. This document outlines the scope of work and key requirements for recruitment of a Legal Expert to elaborate a continental dispute settlement mechanism and related institutional framework as is required for the Single African Air Transport Market. In the process, the Expert will also indicate the possible use of the proposed dispute settlement mechanism for the African Continental Free Trade Area, a major integration projects of the AU agenda 2063 and provide a draft qualification criteria for members of the arbitration process.
Brief Background:
2. In November 1999, African Aviation Ministers adopted the Yamoussoukro Decision on the Liberalisation of Air Transport Markets in Africa. The Decision was, subsequently, endorsed by the Assembly of the Heads of State and Government of the OAU in July 2000 in Lomé, Togo. For the purpose of implementing the Yamoussoukro Decision and in particular paragraph 4 of Article 9 thereof, AFCAC was entrusted in 2007, with the attribution of the Executing Agency and charged to supervise and manage and enforce the liberalization of African air transportation by the Meeting of the African Aviation Ministers. The Yamoussoukro Decision provides for the establishment of a number of regulatory and institutional annexes. Some Institutional and Regulatory annexes of the Yamoussoukro Decision were elaborated and adopted during the Fourth meeting of the Bureau of the Conference of African Ministers of Transport meeting in Malabo, Equatorial Guinea, in December 2014.
3. The regulatory text adopted include:
(a) Regulations on Competition in Air Transport Services within Africa -“Competition Regulations”
(b) Regulations on the Powers, Functions and Operations of the Executing Agency of the Yamoussoukro Decision or “Regulations on the Executing Agency”; and
(c) Regulation on Protection of Consumers or the “Consumer Protection Regulations”) and.
(d) Regulations on Dispute Settlement Mechanisms Relating to the implementation of the Yamoussoukro Decision or the “Dispute Settlement Mechanism Regulations”).
4. The Yamoussoukro Decision makes it imperative that a dispute settlement mechanism be elaborated. Article 8.1 states that if any dispute arises between States Parties relating to the interpretation or application of this Decision, the States Parties concerned shall in the first place endeavour to settle the dispute by negotiation and in article 8.2, If the State Parties concerned fail to reach a settlement of the dispute by negotiation within 21 days, either party may submit the dispute for arbitration in accordance with the arbitration procedures set forth in Appendix 2 hereof. The arbitration procedure was defined in the draft dispute settlement mechanism (d), above. The mechanism calls for the African Union to establish the Board of Appeal and the African Arbitration Tribunal.
5. According to African Union review, the medium that was proposed fell short of the structuring of a new institutional mechanism. Consequently, this work is expected to review any shortcoming in the institutional arrangement in that instrument as a point of reference in elaborating the new mechanism.
6. In relation to the African Continental Free Trade Area, the 18th Ordinary Session of the Assembly of Heads of State and Government of the African Union, held in Addis Ababa, Ethiopia in January 2012, adopted a decision to establish a Continental Free Trade Area (AfCFTA) by an indicative date of 2017. The AfCFTA will bring together fifty-five African countries with a combined population of more than one billion people and a combined gross domestic product of more than US $3.4 trillion.
7. The agreement on AfCFTA covers, at least for the first phase, the trading of goods and services. On trade in services, it covers all four modes of supply, namely Mode 1 Cross border trade, Mode 2 Consumption abroad, Mode 3 Commercial presence, and Mode 4 Presence of natural persons. On 22nd March 2018, the Extra-ordinary Assembly of Heads of States and Government was held in Kigali – Rwanda and at this occasion, 44 African Member States signed the agreement establishing the AfCFTA which included Protocol on Trade in Goods, Protocol on Trade in Services and Protocol on Rules and Procedures for Settlement of Disputes.
Nature of Disputes
8. The regulatory structure of air transport services and invariably of the free trade in services involve disputes of the following nature:
Disputes between two or more service providers
Disputes between service providers and State Parties to the relevant regulatory instruments
Disputes between two or more State Parties to the relevant regulatory instruments
Disputes between service providers, service users and State Parties on the one side and the regulators (regional and continental) of the relevant mechanism, and
Disputes between service users and service providers
Geographical Scope of Disputes
9. The scope of the disputes that will be covered by the dispute settlement mechanism will be of cross-boundary nature only and will not involve disputes between citizens of a State Party within the territory of a State Party. The disputes could normally involve two or more States within one or more regional economic communities.
10. The consultancy should therefore provide for a mechanism that ensures that cross border disputes whether involving RECS, multi-RECS, multi – States will be covered.
see document for table re: objective and scope of work
Interest individual consultants can bid for one or two lots, but only one contract can be issued per lot to a consultant.
Please find attached the detailed terms of reference for the both Central and Eastern African Regions.
For evaluation of the expressions of interest the following criteria will be applied:
a) General Education Qualification and Relevant Training (20 points);
b) Experience Related to the Assignment (25 points);
c) Technical approach and methodology (40 points)
d) Work plan (10 points)
e) Language (5 points)
Interested candidates are requested to submit the following documents for AUC’s consideration:
a) Technical Proposal not exceeding 8 pages on:
I. understanding and interpretation of the TOR
II. methodology to be used in undertaking the assignment
III. time and activity schedule
b) Financial proposal not exceeding 1 page
I. Consultant’s daily rate in US$
II. Other costs e.g. travel
III. Total cost
c) Personal Capacity Statement
I. Relevant experience related to the assignment (include samples of two most recent similar works and/or references for the same)
II. Contacts of at least 3 organizations previously worked for
III. Curriculum Vitae of the Consultant (s)
Further information can be obtained at the address below during office hours 8:00-13:00hrs and 14:00-17:00 hours Local Time.
Proposal must be delivered in a written form to the address below not later than 15:00 hours local time, August 24th, 2018.
African Union Commission,
Head of Procurement Travel and Store Division
P.O. Box 3243, Roosevelt Street Addis Ababa, Ethiopia
Tel: +251 (0) 11 551 7700 – Ext 4305, Fax: +251 11-551-7844
E-mail: tender@africa-union.org
see: https://www.sa-tenders.co.za/sites/default/files/REOI-%20Request%20for%2...
Attachments:
REOI- Request for Expression of Interest - New.pdf
Documents
Tender Notice