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REQUEST FOR EXPRESSIONS OF INTEREST (REOI) Legal Advisor – Mogadishu

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  • Post date:12 Feb 2020
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Job Description

Federal Government of Somalia

Ministry of Energy and Water Resource

REQUEST FOR EXPRESSIONS OF INTEREST (REOI) 

COUNTRY: Federal Government of Somalia (FGS)
NAME OF PROJECT: Somali Electricity Access Project
PROJECT ID: P165497 Grant No.: TF-A9159-SO
ASSIGNMENT TITLE: Legal Advisor
REFERENCE NO.: SO-MOEWR-133217-CS-INDV
PLACE OF ASSIGNMENT: Mogadishu, Somalia
  1. Background

The Federal Government of Somalia (the Government) is currently implementing one World Bank – funded project in the energy sector. The Government has secured a grant from the World Bank to implement the Somali Electricity Access Project (SEAP). The project development objective is to expand access to electricity in targeted urban, peri-urban, and rural communities. The Ministry of Energy and Water Resources (the Ministry) will establish a Project Implementation Unit (PIU) to carry out the day to day activities of project planning, coordination and implementation of the Somali Electricity Access Project (SEAP). The Ministry intends to engage a consultant to work as a Legal Advisor of World Bank – financed energy sector projects within the PIU.

The project comprises of the following four components: (i) Electrification of households and small businesses through standalone solar home systems; (ii) Analytic work for enabling electrification through Solar Powered / Hybrid Mini-grids; and (iii) Technical Assistance, Capacity Building and Project Management.

The Ministry of Energy and Water Resources (MoEWR) intends to apply part of the proceeds of the Grant to hire a Legal Advisor as part of the Project Implementation Unit.

  1. Scope of Work and Responsibilities:

The scope of work for the assignment includes but not limited to the following tasks:

  • Conduct legal analysis and research on various legal matters in the energy sector;
  • Provide advice on different legal issues and assist in drafting legal opinions, memoranda and other legal documents;
  • Conduct legal research by utilizing various resources and selecting the relevant material to analyze the legal information.
  • Provide advice regarding legal risks and settlement of disputes including drawing up and review of any necessary legal transactions, agreements/memoranda and monitor the

implementation of the legal clauses. And all other specific tasks detailed in the Terms of Reference (TOR) for the assignment that can be found at the following website:  www.moewr.gov.so or can be provided upon submission of application in person or by e-mail provided below.

  1. Selection Criteria:

Selection shall be based on qualification and experience of the candidate and followed by an interview.

The minimum qualification, experience and skills should include:

Bachelor’s Degree in Law from an accredited college; Knowledge of the general legal framework of the Federal Republic of Somalia with an emphasis on energy law, public law and regulatory and environmental law; Minimum of 6 years of relevant experience working in professional services environment; Minimum 3 years’ experience in working with the public sector; Experience in drafting legal documents; Experience in working similar environment like that of Somalia and Excellent command of English and Somali languages.

  1. Duration:

The duration for the assignment is 12 months, renewable based on satisfactory performance and availability of budget.

  1. The Ministry of Energy and Water Resources now invites eligible Individual Consultants to indicate their interest in providing these services. Interested Individual Consultants must submit their Curriculum Vitae (CV) indicating that they are qualified to perform the services.
  1. The attention of interested Consultants is drawn to paragraphs 3.14, 3.16 and 3.17 of the World

Bank’s Procurement Regulations for IPF Borrowers: Procurement in Investment Financing Goods, Works, Non-Consulting and Consulting Services dated July 2016 and revised in November 2017 and August 2018, (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.

  1. A Consultant will be selected in accordance with the Individual Consultants Selection method set out in the World Bank’s Procurement Regulations.
  1. Mode of submission of Applications and deadline: Interested Consultants may obtain further information including a detailed Terms of Reference at the address given below from 8:30 to 3.30pm Mogadishu time (Excluding public holidays).

Expressions of interest (EOI) and CV must be submitted by e-mail to the below email address by 26 February 2020 at 16:00 Hours (Mogadishu Time) – Subject marked clearly as – Legal Advisor

Project Implementation Unit

Ministry of Energy and Water Resources

Federal Government of Somalia

Email: seap.procurement@gmail.com and copy dg@moewr.gov.so

ANNEX 1: TERMS OF REFERENCE

Legal Advisor

Somali Electricity Access Project (SEAP)

Ministry of Energy and Water Resources, Federal Government of Somalia

  1. Background

The Ministry of Energy and Water Resources (the Ministry) will establish a Project Implementation Unit (PIU) to carry out the day to day activities of project planning, coordination and implementation of the Somali Electricity Access Project (SEAP). The Ministry intends to engage a consultant to work as a legal advisor. The legal advisor will provide legal assistance for various emerging thematic issues through legal and technical experts. These Terms of Reference define the scope of activities and responsibilities of the Legal Advisor.

The Federal Government of Somalia has secured a grant from the World Bank to implement the Somali Electricity Access Project (SEAP). The project development objective of SEAP is to expand access to electricity in targeted urban, peri-urban, and rural communities.

SEAP consists of three components:

Component 1: Electrification of households and small businesses through standalone solar home systems

This component aims to reduce market barriers for the private sector to provide modern energy access through solar home systems and targets (i) poorer households and small businesses in areas that cannot afford to connect to mini-grid services; (ii) households and businesses in these areas that are not sufficiently close to a mini-grid to be economically connected; (iii) isolated villages and smaller settlements where mini-grids do not make economic sense; and (iv) nomadic pastoralists whose livelihoods do not lend themselves to a fixed electricity connection. This component will fund a range of market-building supply- and demand-side interventions in response to these challenges. The proposed intervention includes: Seed and result based grants, consumer awareness and quality assurance.

Component 2: Analytic work for enabling electrification through Solar Powered / Hybrid Mini-grids

This component will support the mini-grid sector in Somalia. this component is expected to include the following activities: (i) Detailed geospatial mapping, (ii) Review of property rights and land issues pertaining to energy infrastructure investment, (iii) Pre-feasibility studies for hybridization, (iv) Pre-feasibility studies for greenfield (new) sites identified in geospatial mapping, (v) Developing structuring options for the financing, operation, and ownership of new mini-grids; and (vi) Defining legal, institutional and financing arrangements for developing mini-grids.

Component 3: Technical Assistance, Capacity Building and Project Management

This component will support a range of activities to strengthen the capacity of the Ministry and overall energy sector management, power and access planning, and provides support for project management/implementation, including staffing of the PIU.

  1. Scope of Work for the Legal Advisor Objective of the Assignment

The Legal Advisor shall support the Ministry on a broad range of issues, including but not limited to taking the day to day legal responsibilities and providing legal advice that includes all the aspects of the analysis, investigation ,drafting and reviewing agreements used by the Ministry He/she is responsible for providing support in diverse legal issues by advising the organization, drafting undertakings and structuring remedies for the relevant issues.

  1. Responsibilities

Working closely with the Ministry of Energy and Water Resources Project Implementation Team (PIT), the legal advisor will be responsible for:

  • Conduct legal analysis and research on various legal matters in the energy sector
  • Provide advice on different legal issues and assist in drafting legal opinions, memoranda and other legal documents
  • Conduct legal research by utilizing various resources and selecting the relevant material to analyze the legal information
  • Assist in reviewing the legal material and any other relevant documents and identify the most important issues that need to be sorted out on a priority basis.
  • Provide advice regarding legal risks and settlement of disputes including drawing up and review of any necessary legal transactions, agreements/memoranda and monitor the implementation of the legal clauses.
  1. Qualifications
  • At least a bachelor’s Degree in Law from an accredited college.
  • A master’s degree in law or relevant discipline will be an added value.
  • Knowledge of the general legal framework of the Federal Republic of Somalia with an emphasis on energy law, public law and regulatory and environmental law
  • A minimum of 6 years of relevant experience working in professional services environment
  • Excellent team player with a proven track record of working with multi stakeholder community
  • Ability to explain legal and operational issues to non-legal colleagues within the Project team and counter-parties
  • Strong interpersonal, communication and presentation skills
  • Minimum 3 years’ experience in working with the public sector
  • Experience in drafting legal documents.
  • Experience in working similar environment like that of Somalia
  • Excellent command of English and Somali languages
  1. Deliverables
  • A report on legal advisory services provided on various policy issues
  • Avail copies of draft legal decrees on various environmental issues tackled and as requested by the Minister.
  • Review documents on a case by case basis and report to the Ministry of Energy and Water Resources
  • Report on legal status of the various energy and water disputes studied with proposed recommendations.
  • For all deliverables, Legal Advisor will be encouraged to prepare concise legal documents that meet basic legal requirements.
  1. Time frame and Reporting

The expected duration of the consultancy is one year, with possibility of contract extension subject to satisfactory performance. The assignment is expected to commence on January 2020.

The consultant will report to the Minister of Energy and Water Resources.

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