Killefit consult

consultant sourcing and project management

 SME Interventions Ltd. U.K. –  Experts + Projects S.A. CR

Building the Capacity of the Egyptian Competition Authority

Country/ Location of the position Egypt
Status/Reference FWC
Agency/Donor EC
Experts E1 Economics Expert – Team Leader (Senior)
  E2 Human resources and Institutional Building Expert (Senior)
  E3 Legal Expert (Senior)
Start + duration of project 09/01/2012 – 14/06/2012
Duration of mission E1 40 WD
  E2 40 WD
  E3 30 WD
Required language Fluency in written and spoken English
Application Deadline 22/11/2011 12:00:00. Recruitment starts immediately upon publication of this vacancy announcement, posts may be filled already before the indicated application deadline.
ToR Please find hereunder in section Terms of reference
Eligible Nationalities all
Observations Only short listed consultants will be replied to.

Please apply only if you fulfill all requirements for the vacant position

All experts must have at least regional experience

Sending us your application is a commitment and we expect you to be available for the mission you are applying for.

Download EU AID CV template in the 4 main languages  of the EC http://wp.me/p1sHoW-5D
Our web page http://www.killefitconsult.com/beta/

APPLICATION

CONTACT

applications@killefitconsult.com

Only short listed consultants will be replied to.

 

If you wish to submit your candidature, please send us:

 

1 – Your up dated and position-adjusted CV in EU AID format, in the language of vacancy and as word.doc detailing qualifications, experience in similar assignments. CVs in other format than EU format will not be evaluated.

2 – The country, no of position/field (s) you will apply for in the subject line of message

3 – Your daily/monthly fee (EUR) without the living allowances.

4 – Your communication details (Mobil, phone, etc.)

 

Suggestions: Please make sure, that the experience requested is also shown “Description” section 14 of your CV. As the selections are very strict and paper based, we request you to prepare your CV in the right format and detail all the relevant experience under the Professional experience table as much as possible. There is no problem if your CV is long, the most important is to prepare so that it describes clearly your experiences relevant to the mission. (Your CV has to sell you!)

Restrictions: In case consultants are short listed, they must be able to provide documentary evidence for educational and professional items in their CVs (copies of diplomas, copies of employers’ reference letters, etc.). Documents that are not available in English have to be accompanied by a faithful translation. This is mandatory requirement for Europe Aid tenders.

DESCRIPTION

                              

Profile: Expert 1 Economics Expert – Team Leader (Senior)

Categoy of expert             Senior (at least 10 years of experience)

Duration               40.00 working days

 

Requirements     

The Team Leader has the responsibility of the overall delivery and quality of the assignment. In particular s/he will: 1) assess the institutional capacity of the ECA and identify the needs for improvement; 2) contribute with technical inputs to the drafting of the Twinning Fiche; and 3) ensure the quality of the final version of the Twinning Fiche with the related budget estimate, which shall take into account all relevant comments provided by the main stakeholders during the whole drafting process.

 

Qualifications and Skills:

University graduate (Economics) or equivalent professional experience of a minimum of 10 years.

Presentation and computer skills.

Working knowledge of English.

PhD will be considered an asset.

Minimum requirements

At least 10 years experience/involvement in a competition authority and familiarity with competition law and anti-trust practices.

Broad consultancy experience and policy management at high level in countries in a transition phase.

Previous experience as a team leader in relevant fields.

Experience in institutional building instruments.

Experience on PCM and project documents development instruments.

Experience and knowledge of twinning procedures.

Experience with MEDA countries and Egypt will be considered an asset.                                   

                                              

Profile: Expert 2 Human resources and Institutional Building Expert (Senior)

Categoy of expert             Senior (at least 10 years of experience)

Duration               40.00 working days

 

Requirements     

The human resources and institutional building expert will work closely with the Team Leader to assess and provide solutions related to the human resources, institutional development and capacity building of the ECA. In particular s/he will: 1) review and analyse the human resources and management system at the ECA, including but not limited to performing job analysis and job description; 2) review and analyse the institutional needs of the ECA and propose capacity building measures; 3) contribute to the drafting of the final version of the Twinning Fiche with the related budget estimate, which shall take into account all relevant comments provided by the main stakeholders during the whole drafting process.

 

Qualifications and Skills:

University graduate (Human resources and/or Institutional Capacity Building) or equivalent professional experience of a minimum of 10 years.

Presentation and computer skills.

Working knowledge of English.

A post-graduate degree will be considered an asset.

Minimum requirements

At least 10 years of practical experience in institutional capacity building and re-engineering including staffing, supervision, evaluation and accreditation.

Previous experience in capacity building needs assessment, design of capacity-building interventions.

Experience on PCM and project documents development instruments.

Experience and knowledge of twinning procedures.

Experience with MEDA countries and Egypt will be considered an asset.

               

Profile: Expert 3 Legal Expert (Senior)

Categoy of expert             Senior (at least 10 years of experience)

Duration               30.00 working days

 

Requirements     

The Legal Expert will assist the team leader in: 1) conduct an assessment of the legal and regulatory framework, in line with the European acquis communautaire and best practices in selected Member States; 2) identify any relevant legal and regulatory reforms and approximations needed; 3) formulate the legal component in the Twinning Fiche.

 

Qualifications and Skills:

University graduate (Law -LLM) or equivalent professional experience of a minimum of 10 years.

Presentation and computer skills.

Working knowledge of English.

Working knowledge of Arabic will be considered an asset.

A post-graduate degree will be considered an asset.

 

Minimum requirements

At least 10 years work experience in a competition authority and familiarity with Egyptian competition law and anti-trust practices.

Previous experience in capacity building needs assessment, design of capacity-building interventions.

Previous consultancy experience and policy management at high level in countries in a transition phase.

Experience on PCM and project documents development instruments.

Experience and knowledge of twinning procedures.

Experience with MEDA countries and Egypt will be considered an asset.

               

EC rules applicable to any EC assignment 

• Working days are from Monday to Friday, if not indicated otherwise in the ToR

• Per diem covers all expenses of the expert (local transport, hotel, meals, telecom,

etc) and it is only paid if the expert stay overnight.

• International travel: the EC only reimburse economy class flight tickets

 

Terms of reference

 

SPECIFIC TERMS OF REFERENCE

 

 Building the Capacity of the Egyptian Competition Authority

LOT 10: Trade, Standards and Private Sector

FRAMEWORK CONTRACT BENEFICIARIES 2009

Request 2011/278647

 

 

  1. 1.     Background

 

1.1 General Background

 

The Association Agreement (AA) between the European Commission and Egypt entered into force in June 2004, with the aim of intensifying cooperation on a wide spectrum of fields. The AA reflects the comprehensive approach of the Barcelona Process and thus contains provisions covering the three pillars of the Euro-Mediterranean partnership: economic, political and socio-cultural dimensions.

 

In order to outline the specific mechanisms that can assist in implementing the agreement’s objectives, both Egypt and the EU adopted the European Neighbourhood policy (ENP) in March 2007. While the AA serves as the legal basis of relations between the two parties, the European Neighborhood Policy (ENP) Action Plan has been adopted by Egypt and the EU to serve as a comprehensive policy framework that is based on an agenda of mutual commitments and shared values. The Action Plan introduces specific and detailed mechanisms to support economic, political, and social development as well as improve Egypt’s access to the European Single Market.

 

Joint cooperation in the area of competition and antitrust is a key priority for both the Egyptian and European partners. The aim is to ensure that competition in the Egyptian market is guaranteed and not infringed. This aim was ensured in the Association Agreement and Action Plan by the following articles;

 

Article 34.1 (c) of the Association Agreement stipulates that among the incompatible activities that affect the proper functioning of the agreement is the following: “Any public aid which distorts, or threatens to distort, competition by favouring certain undertakings or the production of certain goods”.

 

Article 2.2.4 (b) of the EU-Egypt Action Plan stipulates the necessity to “Enforce the competition law in line with that of the EU and establish an independent and adequately-resourced competition authority”.

 

In order to implement the Association agreement and the action plan, the European Union has allocated three consecutive financial envelops for the Support to the Implementation of the Association Agreement totalling €62 million with the aim of contributing to Egypt’s efforts for reforming the regulatory and operational framework governing public administration. This in turn is being achieved through Institutional Twinning and Technical Assistance projects being implemented in key selected areas.

 

1.2 Sector Specific Background

 

Egypt has been striving for a free market economy since the mid-seventies after two decades of centrally planned economy and a widespread public sector constituting over 70% of GDP. Despite the growing private sector and foreign direct investment, government ownership of business and industries remained dominant.

 

To achieve GDP growth target of 7%, a significant growth in investments was essential since the appointment of the cabinet in 2004. This entailed a review of existing laws and regulations and serious changes to encourage private and foreign direct investments necessary to fuel the economy.

 

Egypt, however, has undergone a great revolution on the 25th of January 2011 resulting in halting inward investment and economic growth. It is envisaged that Egypt new economic policy will be designed after the parliamentary elections and the formation of the new Cabinet which will take place no later than late 2012.

 

In this context, and in line with the government policy, the introduction of The Law No.3 of 2005 on the Protection of Competition and the Prohibition of Monopolistic Practices, and of the related executive regulations, are considered a cornerstone of a free market economy that assures free competition and free entry to and exit from the market based on economic efficiency. Additionally, these have been a reflection of the policymakers’ decision to implement serious economic reform policies and to overcome possible impediments to growth.

 

The law provided for the establishment of the Egyptian Competition Authority (ECA), responsible for monitoring the market, enforcing the provisions of the Law, receiving complaints and undertaking inspections whenever there are doubts of malpractice that may harm competition and is in violation of the provisions of the law.

 

Since its establishment in the year 2005, the Egyptian Competition Authority’s (ECA) vision has been to promote a competitive economic environment based on the principles of free market and fair competition through effective implementation of the competition law and the dissemination of competition culture.
The ECA’s mission is to set, apply, and develop free competition rules through monitoring market players’ practices in order to promote market performance level and economic efficiency.

 

To efficiently undertake its role, the ECA liaises with different sector regulatory bodies, as well as international organizations to share experiences and best practices in the field of competition as well as to build the institutional and human capacity of the Authority.

 

According to many competition law experts, the ECA is one of the top young competition authorities that have enormously developed in only six years since its establishment. A total of eighty-five cases were submitted to the ECA from 2006 till June 2011; eight cases with violations, thirty five cases were investigated but without finding any violations, thirteen self-initiations by ECA, fourteen Government requests to study specific sectors or to assess the market positioning of SOEs subject to privatization, fifteen complaints that were submitted to the ECA but were found out of competency.

 

Despite the significant role that is played by the ECA, it has been encountered by a number of challenges that are mostly external and contextual factors. These may affect the role and proper functioning of the ECA and can be summarized to the following:

 

  • The lack of clear competition policy being designed by the Government
  • The issuance of laws and executive regulations that might hinder Competition.
  • The existence of a big number of informal sectors that is preventing the funding of research sources (around 90% of companies in Egypt are SMEs; and around 90% of SMEs are informal)
  • The lack of specialized expertise in the field of competition which is a relatively new field in Egypt.
  • Interventions which may distort market dynamics and hence competition, especially state aid.
  • The absence of merger rules which doesn’t allow ECA to prevent unwanted market concentrations.
  • The lack of the deterrence nature in the penalties provided by Egyptian Competition Law.
  • The impact of the regulated market of a certain product on its competitiveness in the free market on the same product (ex: subsidized and free market edible oils).

 

In addition, the ECA’s human capacity consists of 65 employees as of June 2011; almost half of which are legal and economic researchers (30 researchers).

This fact necessitates the upgrading and the capacity building of the ECA researchers in order to carry out their role efficiently.

 

  1. 2.     Description of the assignment

 

2.1 Global objective

 

The global objective of this assignment is to evaluate and to draft a Twinning Fiche to enhance the institutional performance of the Egyptian Competition Authority, whereby it can contribute to promoting a competitive economic environment in Egypt based on the principles of free market and fair competition, in line with EU legislation, rules and standards.

 

 

2.2 Specific Objectives                    

 

–          To assess the ECA’s technical and institutional capacities to support its role in setting, applying, and developing free competition practices in line with EU best practices.

 

–          To review the Egyptian competition law in relation to similar EU Member States’ competition laws and, to provide recommendations that aims at harmonization with  the EU acquis communautaire.

 

–       To draft a twinning project fiche for building the capacities of the Egyptian competition authority in setting, applying, and developing free competition rules to promote market performance and economic efficiency, in line with EU legislation, rules and standards.

 

2.3 Requested Services

 

The requested services for this assignment will be divided into four specific activities. To note that activities 2 and 3 will be undertaken simultaneously.

 

Activity 1: Draft a detailed work plan outlining the time-frame and all the activities to be carried out during the assignment, to be agreed with the ECA, PAO and EU Delegation.

 

Activity 2:  To undertake a thorough review and institutional diagnosis for assessing the technical and institutional capacities of the ECA with the purpose of providing recommendations in line with the EU best practice. The preparatory work for this activity will include but will not be limited to: conducting a thorough review and assessment of the current technical, institutional (including but not limited to organizational structure, departmental functioning and processes) and infrastructure capacities governing the Egyptian Competition Authority in a way that would allow it to set, implement and develop free competition rules and regulations to promote better market performance and economic efficiency. The experts should consult the OECD review carried out in this context in Egypt in 2010.

 

Activity 3: To review the Egyptian competition law in relation to similar EU member states’ competition laws and provide recommendations that aim at harmonization with the EU aquis communautaire.

 

Activity 4: To draft a Twinning Project Fiche on strengthening the capacities of the ECA in setting, implementing and developing free competition rules to promote market performance and economic efficiency, based on the findings of the assessment and the review processes.

 

 

2.4 Requested outputs

 

The required outputs from the experts are:

  1. An institutional diagnosis Report highlighting organizational and technical capacities as well as future needs for the ECA in light of the EU best practices.

 

  1. A review Report of the Egyptian competition law in relation to the EU acquis communautaire and EU member states’ competition laws.

 

  1. A Twinning Fiche for building the capacities of the ECA. The Twinning Fiche shall be drafted according to the template included in the Twinning Manual and taking into consideration the main principles governing the twinning instrument. The Twinning Fiche should be clear, detailed and well drafted so as to allow the Member States to easily understand the project and prepare their proposals without need of additional information. The Twinning Fiche will  include:

 

  1. Logical Framework Matrix;
  2. Provisional Activities Schedule and timetable;
  3. Type expertise required and number of man-days for the Project Leader (PL); the Resident Twinning Adviser (RTA), as well as expertise required according to identified activities;
  4. Detailed budget estimate.

 

 

 

  1. 3.     EXPERTS PROFILES

 

This is a global price contract. The number of requested experts per category and number of man-days per expert or per category is estimated as follows:

 

Experts Category Man-days
Expert 1 – Economics Expert Senior Activity 1: 5

Activity 2: 20

Activity 4: 15

Total: 40

Expert 2 – Human resources and Institutional Building Expert Senior Activity 1: 5

Activity 2: 20

Activity 4: 15

Total: 40

Expert 3 – Legal Expert Senior Activity 1: 5

Activity 3: 20

Activity 4: 5

Total: 30

Total man-days   110

 

  • Ø Profile per expert or per expertise required

Expert 1 – Economics Expert – Team Leader (Senior)

The Team Leader has the responsibility of the overall delivery and quality of the assignment. In particular s/he will: 1) assess the institutional capacity of the ECA and identify the needs for improvement; 2) contribute with technical inputs to the drafting of the Twinning Fiche; and 3) ensure the quality of the final version of the Twinning Fiche with the related budget estimate, which shall take into account all relevant comments provided by the main stakeholders during the whole drafting process.

 

Qualifications and Skills:

  • University graduate (Economics) or equivalent professional experience of a minimum of 10 years.
  • Presentation and computer skills.
  • Working knowledge of English.
  • PhD will be considered an asset.

Minimum requirements

  • At least 10 years experience/involvement in a competition authority and familiarity with competition law and anti-trust practices.
  • Broad consultancy experience and policy management at high level in countries in a transition phase.
  • Previous experience as a team leader in relevant fields.
  • Experience in institutional building instruments.
  • Experience on PCM and project documents development instruments.
  • Experience and knowledge of twinning procedures.
  • Experience with MEDA countries and Egypt will be considered an asset.

 

Expert 2 – Human resources and Institutional Building Expert (Senior)

 

The human resources and institutional building expert will work closely with the Team Leader to assess and provide solutions related to the human resources, institutional development and capacity building of the ECA. In particular s/he will: 1) review and analyse the human resources and management system at the ECA, including but not limited to performing job analysis and job description; 2) review and analyse the institutional needs of the ECA and propose capacity building measures; 3) contribute to the drafting of the final version of the Twinning Fiche with the related budget estimate, which shall take into account all relevant comments provided by the main stakeholders during the whole drafting process.

 

Qualifications and Skills:

  • University graduate (Human resources and/or Institutional Capacity Building) or equivalent professional experience of a minimum of 10 years.
  • Presentation and computer skills.
  • Working knowledge of English.
  • A post-graduate degree will be considered an asset.

Minimum requirements

  • At least 10 years of practical experience in institutional capacity building and re-engineering including staffing, supervision, evaluation and accreditation.
  • Previous experience in capacity building needs assessment, design of capacity-building interventions.
  • Experience on PCM and project documents development instruments.
  • Experience and knowledge of twinning procedures.
  • Experience with MEDA countries and Egypt will be considered an asset.

 

Expert 3 – Legal Expert (Senior)

 

The Legal Expert will assist the team leader in: 1) conduct an assessment of the legal and regulatory framework, in line with the European acquis communautaire and best practices in selected Member States; 2) identify any relevant legal and regulatory reforms and approximations needed; 3) formulate the legal component in the Twinning Fiche.

 

Qualifications and Skills:

  • University graduate (Law -LLM) or equivalent professional experience of a minimum of 10 years.
  • Presentation and computer skills.
  • Working knowledge of English.
  • Working knowledge of Arabic will be considered an asset.
  • A post-graduate degree will be considered an asset.

 

Minimum requirements

  • At least 10 years work experience in a competition authority and familiarity with Egyptian competition law and anti-trust practices.
  • Previous experience in capacity building needs assessment, design of capacity-building interventions.
  • Previous consultancy experience and policy management at high level in countries in a transition phase.
  • Experience on PCM and project documents development instruments.
  • Experience and knowledge of twinning procedures.
  • Experience with MEDA countries and Egypt will be considered an asset.

 

  1. 4.     Location and duration

 

4.1 Starting period and duration

 

The total duration of the assignment is around 4 months including information review, the period for notification, period for placement of the staff and reporting. It shall start by mid January 2012 until the end of April 2012.

 

4.2 Planning of the mission

 

At the commencement of the mission, the consultants will agree with ECA, PAO and EUD a work plan detailing their proposed work schedule and the foreseen dates for deliverables.

 

The assignment will be carried out in three missions to be agreed at onset between the concerned stakeholders. It is expected that the experts will be working together in Cairo towards the delivery of outputs. The expert designated as the team leader will ensure the coherence of the work and the division of labour amongst the team. S/he shall be responsible for the final presentation of the assessment report as well as the project document based on the identified institutional building instrument.

 

The experts have to be able to work in an autonomous way. Specialized officers at the ECA will provide experts with all necessary information and data. They will also facilitate necessary meetings for the assignment.

 

Phase 1: tentatively 25 working days aimed at:

  1.       i.        Produce a work plan
  2.      ii.        Analyse the technical, institutional and organisational context of ECA.
  3.     iii.        Conduct a comprehensive review of the current legislation governing competition and anti-trust practices in Egypt;
  4.     iv.        Identify any relevant legal and regulatory reforms needed in order to harmonise with the EU acquis;
  5.      v.        Formulate the legal component in the project fiche;

Phase 2: tentatively 15 working days. The main activities to be carried out during this phase will consist of:

  1.       i.        Prepare and submit a first draft of the twinning fiche

The main output of this phase is the delivery of the final draft twinning fiche. The experts will discuss and fine-tune with the Beneficiary, the EU Delegation and the PAO, the final draft of Twinning Fiche.  The Twinning Fiche shall receive the agreement of the Beneficiary and the approval of the Project Managers at both EU Delegation and the PAO. This final draft will be forwarded to Brussels after the management approval for consultation at the EU Headquarters. Only when the Fiche is accepted by the EU Headquarters that it will be considered endorsed.

The team will work in close collaboration with the ECA. The experts shall brief the EU Delegation and the PAO at the beginning and at the end of each mission to organize and report on the progress of their work.

 

 

 

4.3 Location(s) of assignment

 

The location of the assignment will be at the Egyptian Competition Authority premises in Cairo.

 

5. Reporting

 

5.1 Content

 

Work plan: Within the first 5 days from the start of the assignment, the consultants are expected to present a work plan containing a timetable detailing the proposed work schedule along with the expected time foreseen for delivering the requested outputs.  The timetable and related work plan will be considered effective upon the approval of the ECA, the PAO and the EU Delegation.

 

The Institutional Assessment Report and the Law Review Report are envisaged to be completed within 6 weeks after the beginning of the assignment. The consultants will allow for 10 working days for approval of the report by the stakeholders.

 

Twinning Project Fiche: The draft Twinning Project Fiche is envisaged to be completed 6 weeks after the approval of the previous two reports. The consultants will allow for 10 working days for the approval of the Twinning Fiche by the stakeholders and will take into consideration any potential feed back to be integrated into the final draft to be submitted for endorsement. The experts will be expected to integrate the comments and feedback and submit a final version of the Twinning Fiche 5 weeks following initial approval by the stakeholders. It is worth noting that the main findings of the assessment phase, and the recommendations should be discussed with NIS Management.

 

The experts will work in close collaboration with NIS, PAO and the EU Delegation staff during the whole duration of the assignment. They will deliver the requested outputs according to EU templates. The final report will have to strictly respect the EU guidelines on visibility.

 

All reports will be submitted to ECA with copies to the Programme Administration Office (PAO) and the EU Delegation.  The expert designated as the Team Leader must ensure coherence of the work and division of labour within the team and is ultimately responsible for the final presentation of the assessment reports and of the draft Twinning Project Fiche.

 

Number of report(s) copies: Three copies of the final version of the Twinning Fiche as well as of the Final Mission Report must be submitted in hard copy and in electronic format.

 

5.2 Language

 

The working language for this project is English although interpretation/translation should be available if needed (adequate provisions might be included under reimbursable costs if deemed necessary). All reports will be presented in English.

 

6.  Administrative Information

 

6.1 Facilities

The consultants must make available an appropriate logistical support for the experts, including their travel, visa and accommodation arrangements for each assignment. The ECA will provide office space, office posts, phone lines and internet connection.

 

6.2 Equipment                           

No equipment is to be purchased on behalf of the Contracting Authority/beneficiary country within the context of this contract.

6.3 Confidentiality

Throughout the duration of the mission, and following its completion, the experts will maintain strict confidentiality vis-à–vis third parties with respect to all information gathered and published.

 

6.4 Other authorized items to foresee under ‘Reimbursable’

 

Flights:

Round-trip flights from Europe to Egypt indicatively cost EUR 600 per flight.

 

Translation/interpretation:

Translation from/to Arabic indicatively costs EUR 7.50 per page and interpretation from English to Arabic and vice versa indicatively costs EUR 140/day.

6.5 Others

 

Indicative cost of employing expert resident in the country:

The Framework Contractor is expected to reflect the local market fees when the expert is hired on the local market. Indicatively, the fees per working day for a local senior expert in Egypt are EUR 500 and EUR 300 for a junior expert.

 

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