REQUEST FOR EXPRESSIONS OF INTEREST

Organisation of Eastern Caribbean States

Caribbean Digital Transformation Project (CARDTP)

Grant No.: IDA – D6520

Assignment Title: Consulting Services for the Establishment of a Market Competition Assessment Methodology and Capacity Building of Regulatory Stakeholders and a Regulatory Impact Assessment of the Electronic Communications Sector in the ECTEL Contracting States

Reference No.: LC-OECS COMMISSION-466468-CS-CQS

The Organisation of Eastern Caribbean States (OECS) Commission has received funding from the World Bank toward the cost of the Caribbean Digital Transformation Project (CARDTP) and intends to apply part of the proceeds for Consulting Services for the Establishment of a Market Competition Assessment Methodology and Capacity Building of Regulatory Stakeholders and a Regulatory Impact Assessment of the Electronic Communications Sector in the ECTEL Contracting States.

Th consulting services (“the Services”) include the following:

1. Developing a framework and methodology for market competition assessment and advise on the capacity-building requirements of regulatory stakeholders to conduct such exercises on a periodic basis
2. Developing a framework for conducting a regulatory impact assessment (“RIA”) of the recommended changes to the governance framework and electronic communications legislative framework (legislation and regulations)

The assignment is expected to be undertaken over a period of twelve (12) months.

The OECS now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services. The minimum required qualifications and experience are listed in section 6 of Terms of Reference (TOR).  The details of the services required are available in the TOR which is available on the official website: www.oecs.int or can be obtained at the address given below.

The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers, Fifth Edition, September 2023 (‘Procurement Regulations’), setting forth the World Bank’s policy on conflict of interest. 

To obtain the maximum degree of comparison among Expressions of Interest (EOIs) and facilitate the evaluation process, the EOI should include the following information below:

• Title page with name of firm submitting the EOI: should contain name of firm (or joint venture and/or a sub-consultancy, if applicable), address, email, telephone, name of contact person and date of submission.
• Expression of Interest (Maximum 30 pages):

1. Brief description of the background and organization of the Firm, and – in case of a joint venture – of each member for this assignment
2. General and Specific experience of the Firm
3. Similar assignments (Brief Description of main deliverables/outputs, Name of Client & Country of Assignment, Firm's role on the assignment)
4. Curriculum Vitae of Key Experts

Consultants may associate with other firms to enhance their qualifications, but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. For joint ventures both firms are evaluated, however, for a sub-consultancy only the lead firm is assessed.  Also, in the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.

A Consultant will be selected in accordance with the Consultants’ Qualification selection method set out in the Procurement Regulations.

Further information can be obtained at the address below during office hours 08:30 a.m. – 4:00 p.m. (0830 to 1600 hours).

Ms. Jenna Flavien
Procurement Officer
Caribbean Digital Transformation Project
OECS Commission
Morne Fortuné
P.O. Box 1383
Castries
Saint Lucia

Telephone: 758-455-6424/285-1980

Email: procurementbids@oecs.int   

Copied to:

Mr. Imran Williams, imran.williams@oecs.int    

An electronic copy of Expressions of Interest are to reach the OECS Commission by January 28, 2025 addressed to:

Ms. Jenna Flavien, Procurement Officer

At the following email address:

procurementbids@oecs.int

copied to imran.williams@oecs.int

The email submissions should include the name and address of the Consultant and shall be clearly marked in the subject line as “Expression of Interest – “Consulting Services for the Establishment of a Market Competition Assessment Methodology and Capacity Building of Regulatory Stakeholders and a Regulatory Impact Assessment of the Electronic Communications Sector in the ECTEL Contracting States”.

Caribbean Digital Transformation Project

IDA – D6520

Scope of Services

Terms of Reference

Consulting Services for the Establishment of a Market Competition Assessment Methodology and Capacity Building of Regulatory Stakeholders and a Regulatory Impact Assessment of the Electronic Communications Sector in the ECTEL Contracting States

December 2024

1. Background

The Organisation of Eastern Caribbean States (“OECS”) Commission and the Governments of the Commonwealth of Dominica, Grenada,  Saint Lucia, and St. Vincent and the Grenadines are implementing a digital transformation project, financed by the World Bank Group. The Caribbean Digital Transformation Project (“Project”) comprises four (4) components that address key bottlenecks and harness opportunities to develop the digital economy of the Eastern Caribbean as a driver of growth, job creation and improved service delivery. 

One component of the Project focuses on Telecommunications: Legal and Regulatory Environment, Institutions and Capacity. This sub-component, under the technical leadership of the Eastern Caribbean Telecommunications Authority (“ECTEL”), supports greater electronic communications sector competition, affordability and service quality across the region, as well as enhancing the resilience of and emergency response capabilities for critical communications infrastructure. The sub-component also supports the modernisation of the legal, regulatory and institutional frameworks governing the electronic communications sector and the capacity to implement them nationally and regionally.

Established by Treaty in 2000, which was subsequently amended by Protocol Amendment in 2019, the ECTEL was established to facilitate a harmonised and coordinated approach to achieve liberalised and competitive telecommunications/electronic communications sectors in the following five (5) OECS Contracting States: Commonwealth of Dominica, Grenada, St. Kitts and Nevis, Saint Lucia and St. Vincent and the Grenadines (hereafter collectively referred to as “the ECTEL Contracting States”). The initial liberalisation of the telecommunications sectors in the ECTEL Contracting States and the introduction of competition and regulation were underpinned by a Telecommunications Act and a core suite of Regulations passed in each of the Contracting States. Since its original promulgation, the parent legislation has remained largely unchanged, but additional Regulations have been made as required.

However, cognisant of the continuing evolution of the telecommunications/electronic communications sector in the Eastern Caribbean to include Information and Communications Technology (“ICT”), and correspondingly, the changing role of regulators, the telecommunications/electronic communications frameworks in the ECTEL Contracting States are outdated. In preparation for the legislative reform being undertaken by ECTEL, the ECTEL Treaty was amended by Protocol Amendment, the aim of which is to expand the scope of ECTEL from telecommunications to electronic communications. Additionally, a new Electronic Communications (“EC”) Bill has been prepared for implementation in ECTEL’s Contracting States, to supersede and replace the Telecommunications Acts and establish a new regulatory framework going forward. At the time of writing, the approved EC Bill has been passed in St. Kitts and Nevis and St. Vincent and the Grenadines, and it is expected to be tabled in other Contracting States in the coming months.

However, transitioning from the existing policy, legislative and regulatory framework to the new paradigm that will be established under the EC Bill when brought into force, will require an appreciation of the changes from the status quo that would need to be made. Though that process may be complex – especially since changes will be occurring in the sector for the five (5) ECTEL Contracting States simultaneously, – efforts ought to be made to carefully and proactively manage gaps and inconsistencies that may emerge. Further, it will also be necessary to establish new baselines for the sector, which has been expanded from telecommunications to electronic communications, against which the evolution of market segments can be compared and future regulatory interventions can be made.

Additionally, ECTEL, through the Project, will be undertaking a comprehensive legal reform, to strengthen the governance, legal and regulatory frameworks for electronic communications in the ECTEL Contracting States and ensure that they are forward-looking, robust, yet sufficiently flexible and agile to support the ongoing digital transformation of Contracting States. The deliverables under the review of the governance, legislative and regulatory framework, will also impact the electronic communications sector. As such, regulatory tools such as the development of a competition market assessment framework for the sector and a regulatory impact assessment, are paramount for ECTEL’s transition under the EC legislative framework.

2. Objectives of this Assignment

The overall objective of this Consultancy is to strengthen the governance, legal and regulatory frameworks for electronic communications in the ECTEL Contracting States and ensure that they are forward-looking, robust, yet sufficiently flexible and agile to support the ongoing digital transformation of Contracting States and provide relevant regulatory tools for the sector.

3. Scope of Services

In carrying out the tasks under the Scope Of Services (“SOS”), the Consultant shall identify and assess important issues that should be addressed in the assignment and discuss these matters with ECTEL.  Key tasks to be undertaken by the Consultant are as follows:

1. Develop a framework and methodology for market competition assessment and advise on the capacity-building requirements of regulatory stakeholders to conduct such exercises on a periodic basis through the following:

1. Review the competition sections of the EC Bill (to be expanded as necessary)
2. Review the draft Electronic Communications Guidelines on Market Analysis and the Assessment of Significant Market Power for Networks and Services (“Guidelines”) and identify any deficiencies;
3. Propose a framework for market competition assessment, which should include the methodology for defining the relevant market, assessing market power and identifying anti-competitive conducts, and recommending pro-competitive obligations on licensees with significant market power and tools and instruments to address anti-competitive conducts in the market; and
4. Prepare the Public Consultation Document on the proposed market competition assessment framework, and methodology;
5. Prepare the Determination Paper with ECTEL’s position and responding to comments and feedback received from the public consultation process
6. Advise on the capacity-building requirements of regulatory stakeholders to conduct such exercises
7. Develop a strategy and delivering capacity building on the proposed framework and methodology for market competition assessment, including the tools for periodic reviews and monitoring of the electronic communications market in the ECTEL Contracting States.

3.2  Develop a framework for conducting a regulatory impact assessment (“RIA”) of the recommended changes to the governance framework and electronic communications legislative framework (legislation and regulations):

1. Consider the recommendations and ECTEL’s position on the subcomponent of the Project for the review of the governance, legislative and regulatory framework;
2. Prepare the Public Consultation Document on the proposed regulatory impact  assessment framework, and methodology;
3. Prepare the Determination Paper with ECTEL’s position and responding to comments and feedback received from the public consultation process;
4. Conduct the RIA and propose a strategy through which the potential adverse consequences of the changes to the institutional and electronic communications legislative framework could be minimised;
5. Develop a strategy and deliver capacity building on the proposed RIA, including tools for periodic reviews and monitoring of the impact on the governance framework for the staff of ECTEL and the NTRCs. In developing the strategy for capacity building the Consultant should identify the relevant skills requirements for RIA within the ECTEL and NTRCs.

3.3  Prepare a Draft Final Consolidated Report. This should include ECTEL’s position on the feedback received from the specified public consultations (“Determination Papers”), as well as Final Reports and Final Drafts of documents in accordance with SOS 3.1 and 3.2. This report should include:

1. A description of activities and tasks undertaken during the assignment;
2. Any recommendations for follow-up activities related to the assignment; and
3. The main findings from consultations, meetings and presentations undertaken during the assignment and the circumstances that impacted positively and negatively on the conduct of the assignment; and 

3.4  Submit a Final Consolidated Report.

4. Project Implementation Period

The implementation period for the assignment will be no more than twelve (12) calendar months from the date of contract signature. 

5. Deliverables

The deliverables under this assignment are as specified in the table below and should be submitted in an electronic and editable format. The deliverables should be comprehensive, properly formatted, and clearly presented.

6. Selection Criteria

The OECS seeks the services of a Consulting Firm that satisfies the requirements outlined below:

(i)At least seven (7) years of work experience in the area of electronic communications/ telecommunications regulation, including policy development;

(ii)At least one (1) successfully completed and similar assignment during the past five (5) years; and

(iii)Experience in related and or similar consultancies undertaken in the OECS and/or Caribbean region or Small Island Developing States (‘SIDS’) countries would be an advantage.

The Consulting Firm may associate with other firms in the form of a joint venture or a sub-consultancy to enhance their qualifications.

To successfully undertake the assignment, the Consulting Firm shall have core team members who possess a range of skills and qualifications, including the key experts identified below with the corresponding qualifications. As such, the Consulting Firm shall have key experts with the following qualifications and experience:

1. Competition/Economics Expert (Team Lead)

Academic Qualifications

1. Specialist(s) with at least a Master’s Degree in Economics, Industrial Organisation or a related field.

2. Fluency in both written and spoken English.

Experience

1. At least five (5) years of demonstrated experience in conducting competition and market assessments.
2. Demonstrated electronic communications regulatory experience would be considered an advantage.
3. Demonstrated experience in reviewing and contributing to the market assessment frameworks for the electronic communications/telecommunications sector.
4. Demonstration of successful completion of at least one (1) related assignment during the past five (5) years.
5. Demonstrated experience in participating in multi-country related research projects in SIDS countries or in undertaking consultancies in the OECS or CARICOM region.

2. Electronic Communications/Telecommunications Regulatory Expert

Academic Qualifications/Skills

1. Specialist(s) with at least a Master’s Degree in Economics, Engineering, Telecommunications, Law, Regulation or a related field.
2. Project Management would be an advantage.
3. Competency in conducting and presenting training and capacity building.
4. Fluency in both written and spoken English.

Experience

1. At least seven (7) years of working experience in electronic communications/ telecommunications regulation.

2. Demonstrated experience in conducting and successfully completing a regulatory impact assessment, specifically with transitionary legislative frameworks such as the electronic communications/telecommunications sector.

3. Demonstrated electronic communications regulatory experience would be considered an advantage.
4. Demonstrated experience in conducting and successfully completing a regulatory impact assessment, specifically with transitionary legislative frameworks such as for the electronic communications/telecommunications sector.
5. Demonstration of successful completion of at least one (1) similar assignment during the past five (5) years.
6. Demonstrated experience in participating in multi-country related projects in SIDS countries or in undertaking consultancies in the OECS or CARICOM region.

6. Additional Information

1. The Consultant is expected to be home-based, though provision may be made for missions to one or more of the ECTEL Contracting States.
2. During the conduct of the assignment, the Consultant will work with the management and staff of ECTEL.
3. ECTEL will provide the following support services and facilities without any charge:

1. Make available to the Consultant all studies, reviews, relevant laws and regulations relevant to the execution of the assignment.
2. Arrange for access to telephone and internet, and when the Consultant is operating from its offices.
3. Assign at least one (1) member of its Staff to serve as its representative to the Consultant. ECTEL shall ensure that the staff designated as its representative to the Consultant for this assignment has the capacity to deal with the issues related to the assignment and is willing and able to learn from the Consultant.

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