Consultancy Services to review the Mid and Downstream Petroleum Regulations in Kenya - Closing 18 July 2017

Kenya Petroleum Technical Assistance Project (KEPTAP)

REQUEST FOR EXPRESSION OF INTEREST (REOI)

CONSULTING SERVICES – FIRMS SELECTION)

Credit No. TF-A3418

Assignment Title: Consultancy Services to review the Mid and DownstreamPetroleum Regulations in Kenya

Reference: KE-MOITC-14242-CS-QCBS

The  Government of Kenya  (GoK) has received financing from  the World  Bank’s International Develop- ment  Assistance  (IDA)  towards the  cost  of   the  Kenya   Petroleum  Technical  Assistance  Project (KEPTAP), whose overall objective is to strengthen the capacity of the Government of Kenya  to manage its petroleum sector and wealth for sustainable development. It is intended that part of the proceeds of  this  credit be  applied to eligible payments under the contracts for  provision of  consultancy and intends to apply part of the proceeds for consulting services; for the development of LPG communica- tion  Plan.  The  objective of  the Consultancy is  to undertake review of  the recommended technical regulations for  the mid  and downstream petroleum regulations. Specifically, the  Consultants  are required to draft the detailed legal  texts of the recommended regulations into  legal  format ready for recommendation to the Cabinet Secretary for Energy & Petroleum (CS) for approval in accordance with the provisions of the Bill. The  consultancy will run for a period not  exceeding 24 weeks.

The  scope of the assignment will include but  not  limited to:-The  Consulting firm will be  required to review the following documents in so  far as they relate to this assignment:-

  1. The  Energy Act, 2006 and the regulations there under;
  2. The  draft regulations under the Energy Act 2006;
  3. The  Energy Bill, 2015;
  4. The  draft Energy Policy, 2015;
  5. Any other relevant materials for purposes of carrying out  this  assignment.

1. The  regulations to be  reviewed are:

  1. The  Energy (Liquefied Petroleum Gas)  Regulations, 2009;
  2. The  Energy (Petroleum Information and Statistics) Regulations, 2013;
  3. The  Energy (Retail  facility  Construction and Licensing) Regulations, 2013;
  4. The  Energy (Licensing of Petroleum Road  Transportation Business) Regulations, 2013;
  5. The  Energy (Petroleum Strategic Stocks) Regulations, 2008;
  6. The  draft Energy (Licensing of Petroleum Business and Petroleum Facility  Construction) Regula- tions, 2012;
  7. The  draft Energy (Licensing of Petroleum Refining Businesses  and Facility  Construction) Regula- tions, 2012;
  8. The  draft Energy (Operation of Common User Petroleum Logistics Facilities) Regulations, 2012;
  9. The  draft Energy (Minimum  Operational Stocks and Capacity Sharing) Regulations, 2014;and

2.  The   draft  Energy (Lubricants Facility   Construction  and  Business  Licensing) Regulations, 2013Re-draft  the existing rules and regulations for  submission to the CS,  taking into  account proposed changes under the Bill and  best practices.

3.  Coordinate the drafting process with  the State Law Office and Kenya  Law Reform Commission to ensure the drafts meet acceptable legal  drafting standards and  ensure the drafts are not  in conflict with any  existing law.

MoITC on behalf of MoEP 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  shortlisting criteria are:- The Consulting Firm should demonstrate International experience in legal drafting of mid & downstream regulations in particular involving subsidiary  legislation and advising governments, preferably in Kenya, and/or similar environments, with demonstrable track record of success ie acceptance of the drafted legislation. In depth experience in the petroleum mid and downstream sub-sectors and Experience in LPG and lubricants within  the downstream sector.

This  REOI is  available for  download on  the Ministry   of  Industry, Trade and Cooperative website:http://www.industrialization.go.ke

KEPTAP project document is  available here: http://search.worldbank.org/all?qterm=KEPTAP&_Top/country=Kenya&_Top/topic=Energy 

The attention of  interested Consultants is  drawn to paragraph 1.9 of  the World  Bank’s Guidelines: Selection and Employment of Consultants [under IBRD Loans and IDA Credits & Grants] by World Bank  Borrowers January 2011 (“Consultant Guidelines”), setting forth the World  Bank’s policy  on conflict of interest.

Consultants may  associate with  other firms  in the form  of  a  joint  venture or  a  sub-consultancy to enhance their qualifications.A Consultant will be  selected in accordance with  the Quality  & Cost-Based Selection (QCBS)  method set out  in the Consultant Guidelines.Further information can be obtained at the address below during office hours: Monday to Friday: 08.00 to 17.00 hours.

The  Completed Expression of interest and accompanying documents must be  submitted by Tuesday,18th July, 2017 at  10.00  hrs (East African Time)  in  plain   sealed  envelopes and clearly marked “EXPRESSION OF INTEREST (EOI) TO REVIEW THE MID AND DOWNSTREAM PETROLEUM REGU- LATIONS IN KENYA” and should be mailed or deposited in the Tender Box provided on the 16th floor NSSF  Building, Block A, Eastern Wing, addressed to;

The Principal Secretary
State Department for Investment and Industry
Ministry of Industry, Trade and Cooperative
Social Security House, Block A, 23rd Floor
P.O. Box 30418-00100, Nairobi, Kenya
Or be  emailed to: This email address is being protected from spambots. You need JavaScript enabled to view it.

Contacts

  • Social Security House, Block A, 17th, 23rd Floor
  • P.O. Box 30418-00100, Nairobi, Kenya
  • Telephone: +254 20-2731531
  • Fax: +254 20-2731511
  • Email: This email address is being protected from spambots. You need JavaScript enabled to view it. 
    This email address is being protected from spambots. You need JavaScript enabled to view it. 

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