Mongolia - Mining Sector - Legislative and Regulatory Support Programme

Country:Mongolia

Business sector:Natural resources

Project number:68635

Funding source:EBSF - EBRD Shareholder Special Fund

Contract type:Consultancy Services

Notice type:Invitation for expressions of interest (CSU)

Issue date:11 Apr 2017

Closing date:09 May 2017   at  23:59   London

Assignment Description: The European Bank for Reconstruction and Development (EBRD or the Bank) is supporting the Government of Mongolia (the Government) in the development of the legal and regulatory framework for the mining sector in a manner that: best reflects common and proven international best practise; acts as an incentive to investment; and, aims at sustainable development of the sector. As part of that support the Bank intends to engage external consulting advisors (the Consultant) to help Mongolia’s Ministry for Mining and Heavy Industry (MoMHI) to prepare, and achieve governmental and parliamentary approval for, a new Law on Mining (the Assignment) .

Assignment Objectives: The objectives of the Assignment are two-fold: Firstly, to provide support to MoMHI in the preparation of a draft of a new mining law and amendments to related relevant laws, together with all other documents necessary to achieve approval and adoption of the law; and, secondly, to support MoMHI in the carriage of the draft law through internal, cabinet and parliamentary approval processes.

The selected Consultant is expected to undertake the following tasks as a means of achieving of the Assignment objectives:

1. Preparation of a Concept Note for a new Law on Mining: The concept note will identify sector best legislative practise and include recommendations as to the aspects of best practise which should be included in Mongolia’s new Law on Mining. The Concept Note will cover both the substance and structure of a new law, providing detailed recommendations on specific content as well as the appropriate balance in content detail between primary and secondary legislation for the sector;
2. Preparation of a Legal Concept for the Law on Mining: The legal concept is an explanatory memorandum which accompanies draft legislation through the approval process. This memorandum explains matters such as why the new law is necessary, what its content is, what its impact will be, etc.;
3. Preparation of a Legal Gap Analysis: The gap analysis will review all relevant Mongolian legislation (primary, secondary, government or ministerial decree, regulation, international obligations, etc.) and report on the extent to which identified best practise and Concept Note recommendations are reflected in the current legislative framework covering the mining sector;
4. Preparation of an Action Plan for Adoption of the Law on Mining: The action plan will identify and detail the steps and activities necessary to develop and finalise a draft law, its subordinate (secondary) legislation and the accompanying documents (formal law concept, draft text of mining law, briefing papers, etc.), necessary to achieve their successful approval by relevant ministries, the cabinet and parliament;
5. Preparation of draft text of the Law on Mining: The Consultant will prepare the actual text of the draft Law on Mining, and any accompanying explanatory memoranda or concept notes necessary for consultation of this draft text either internally within government or externally to interested parties or the wider public;
6. Preparation of draft text of amendments to relevant existing primary legislation: The Consultant will prepare the actual text of the draft amendments to existing relevant primary legislation, which will be necessary in light of the intended provisions of the draft Law on Mining, together with any accompanying explanatory memoranda or concept notes necessary for consultation of this draft text either internally within government or externally to interested parties or the wider public;
7. Preparation of an impact analysis: Mongolian law and newly introduced provisions relating to the submission of draft laws to government and parliament for approval require the production of an assessment of the impact of specific aspects of proposed new laws. The Consultant draw up the relevant impact analysis of the draft Law on Mining and amendments to relevant existing primary legislation in this respect;
8. Provision of support to MoMHI in the preparation and approval of the new Law on Mining: In addition to the above tasks, the Consultant will support MoMHI in the preparation, and in gaining governmental and parliamentary approval, of the new Law on Mining. This support is envisaged to take main two forms: (i) preparation by the Consultant of briefing papers/explanatory memoranda to support consultation and approval of the draft law; and, (ii) presence by the Consultant in Ulaanbaatar to support MoMHI’s consultation process, including supporting the presentation of the draft law, briefing papers/explanatory memoranda and its content;
9. Hosting of, and participation in, a public event to promote the draft of the new Law on Mining: The Consultant will organise, host and participate in one public event for the promotion/consultation of the draft law at a suitable venue for the participation of up to 60 persons. The Consultant will be responsible for all aspects of the organisation, hosting and cost of this event (venue, refreshments, interpretation, audio-visual equipment, printed material, etc.), with this cost included in the cost estimate for the Assignment below.

Assignment Start Date and Duration: The Assignment is expected to start in Q2 2017 and is envisaged to have a duration of up to 12 months.

Cost Estimate for the Assignment: EUR 225,000.00; exclusive of VAT.
The Consultant must determine whether any VAT would be chargeable on the services and the basis for that determination, without taking into consideration the Bank's special status as an IFI and state this to the Bank in their financial proposal. To the extent that a consultant incurs input VAT on goods and services purchased in connection with the provision of services (e.g. VAT on airline ticket) which is not otherwise recoverable by the consultant from the local tax authority, the gross cost to the consultant of such expenses shall be treated as a reimbursable expense.

Funding Source: It is anticipated that the Assignment will be financed from the EBRD Shareholder Special Fund.

Eligibility Restrictions: No eligibility restrictions.

Consultant Profile: Corporate Services are required. The Consultant will be a firm or group of firms preferably with previous project experience in the mining sector related to: i) drafting of primary legislation and sectoral analysis; ii) legal gap analysis; iii) regulatory impact analysis; and iv) supporting governments in the preparation, approval and adoption of primary legislation. The Consultant also is expected to have previous project experience in the preparation and passage of mining sector legislation in environments similar to that of Mongolia. Experience in other EBRD Countries of Operation would be an advantage.

The Consultant’s expert team is expected to include the following key experts:

(a) Team leader/senior lawyer with preferably 15 years’ previous professional experience in mining law, legal and regulatory analysis, legislative drafting and supporting the passage of primary legislation through governmental and parliamentary approval processes;

(b) A pool of supporting lawyer(s) with preferably 5 years’ previous professional experience in mining law, legal and regulatory analysis, legislative drafting and supporting the passage of primary legislation through governmental and parliamentary approval processes. At least one supporting lawyer will be qualified to practise in Mongolia and possess preferably five years’ professional experience in Mongolia in mining law, legal and regulatory analysis, legislative drafting and supporting the passage of primary legislation through governmental and parliamentary approval processes.;

(c) Mining sector specialist(s) with preferably 10 years professional experience in economic, financial, technical, environmental and licensing matters related to the mining sector.

In-country time commitment: While much of the Assignment tasks can be performed remotely, it is advised that the team leader and other key experts will be required to spend specific project time in Ulaanbaatar. Internationally based team members will work on-site in Ulaanbaatar for a minimum of 35 working days during the course of the Assignment. Mongolian based team member(s) will commit a minimum of 75 working days to the Assignment and to be generally available during the course of the project to respond to MoMHI queries.

Submission Requirements: In order to determine the capability and experience of Consultants seeking to be selected for this Assignment, the information submitted should include the following:

1. Company/group of firms’ profile, organisation and staffing (max. 2-4 pages);
2. Details of previous project experience or similar assignments particularly undertaken in the previous five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided (if different from duration) , main activities, objectives;
3. CVs of key experts who could carry out the Assignment detailing qualifications, experience in similar assignments, particularly assignments undertaken in the previous five years, including information on contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, main activities, objectives;
4. Team Input Table indicating the proposed number of working days (field/home) to be allocated for each key expert during the Assignment.
5. Completed Consultant Declaration Form and Contact Sheet, the template for which is available from the following web-link:

http://www.ebrd.com/pages/workingwithus/procurement/notices/csu/contact_sheet.doc

The above information should not exceed 25 pages excluding CVs.

The complete expression of interest (including CVs, Consultant Declaration and Contact Sheet) should be submitted, in English electronically through e-Selection, to reach the Bank not later than the closing date. The expression of interest shall be one file (pdf). The EBRD reserves the right to reject applications of firms submitting more than one file. Only if the permissible file size is exceeded (4MB), the Consultant may split the expression of interest into further files.

Bank Contact Person:

James Yoo

European Bank for Reconstruction and Development

One Exchange Square

London EC2A 2JN

Tel: + 44 20 7338 6369

Email:YooJ@ebrd.com (submissions should be sent through eSelection and not to this email address)

Notes:

1. The selection will normally be made from responses to this notification only. Consultants will not be asked to submit a proposal. The highest-ranked Consultant will be selected and invited to negotiate a contract;
   2. The shortlist criteria are:

• Firm’s previous project experience in countries with sector and economic environments comparable to those of Mongolia (10%)
• Firm’s previous project experience in the preparation of primary legislation in the mining sector and in supporting the passage of such legislation through the governmental and parliamentary approval processes (30%)
• CVs of Key Experts (50%)
  • Firm’s Team Input Table and proposed time commitment on-site of team of international advisors and presence of Mongolian based advisors above the minimum specified under In-country time Commitment (10%)