Consultant - Formulation of Guidelines on Market Analysis and Evaluation of Significant Market Power and a Recommendation of Relevant Markets for Goods and Services in the Telecommunications at Economic Community of West African States (ECOWAS)

Background

• In the 90s, Member States of the Economic Community of West African States (ECOWAS) undertook reforms in the telecommunications and information and communication technology (ICT) sector. The ECOWAS Commission was in charge of the reforms by undertaking in the 2000s, a process of harmonizing national policies and regulations in the ECOWAS region. This initiative resulted in the adoption on 19 January 2007 in Ouagadougou of six Supplementary Acts on various telecommunications/ICT issues;
• To ensure connectivity in the entire region, ECOWAS conducted a study in 2013 on access of landlocked countries to submarine cables. The study revealed that the harmonisation of national regulatory frameworks on the basis of ECOWAS Supplementary Acts, rights and obligations in the area of interconnection and current access are almost similar in most legislations and regulations of Member States. However, at national level, it is still difficult to determine if the rights and obligations are applied in a coherent manner.
• At the end of the study, the Consultants recommended, among other things, that ECOWAS should adopt a recommendation regarding relevant market analysis aimed at establishing, particularly, a list of markets that meet certain conditions in line with the afore-mentioned Supplementary Act
• For that purpose The Economic Community of West African States (ECOWAS) seeks to engage the Services of a Consultant (firm) for the Formulation of Guidelines on Market Analysis and Evaluation of Significant Market Power and a Recommendation on Relevant Markets for Goods and Services in the Telecommunications.

Duties of Tasks
The study shall be in three phases:

• Phase 1: Benchmark for market analysis best practices;
• Phase 2: Drafting of guidelines:
  • Guidelines on market analysis and evaluation of significant market power; and
  • Recommendation on relevant markets of goods and services in the Telecommunications/ICT sector to be submitted for an ex ante regulation.
• Phase 3: Validation by ECOWAS experts, followed by Ministers in charge of Telecommunication/ICT in Member States.

Qualifications
For the realization of the mission, the firm shall at least:

• Be a renowned firm with wide experience ( at least 10 years) in this area of specialization;
• Have a qualified team of key staff (Minimum of a Master Degree) with at least 8 working years experiences in this matters;
• Have the capacity to produce and provide the reports in the ECOWAS official languages, namely: English; French and Portuguese.

Selection Procedure

• The selection procedure will be based on Least Cost Selection (LCS) in accordance with the ECOWAS Tender Code. ECOWAS Commission is under no obligation to shortlist any Consultant who expresses interest.
• A shortlist of six (6) firms which present the best profiles shall be drawn up after the expression of interest.
• The firms that are part of an international network are to submit one expression of interest.
• The ECOWAS Commission now invites eligible Consultants (Firm) to indicate their interest in providing these services. Interested Consultants must provide information showing that they are qualified to perform the services:
• List of staff and expertise of the Consultants for the mission;
• The Consultant should have on its team, members with a combined knowledge of the official languages of the ECOWAS Region, which are English, French and Portuguese;
• Evidence of verifiable technical references similar to this mission: list of previous clients and contacts for this type of mission stating the year and the cost of the mission;
• The Office Address (location, contact, BP, Telephone, Fax, a- mail).
• Interested Consultants may wish to apply as a consortium to enhance their profile and chance of being qualified.