consultancy on Assessment of the Impact of Mandatory Standards on Trade (Individual Consultant)

REFERENCE NO.: MW-MTPW-410706-CS-INDV

1. Introduction:

The Government of Malawi (GoM) has received a credit and grant from the International Development Association (IDA) under the Southern Africa Trade and Connectivity Project (Project) to support efforts to reduce trade costs and time, increase access to improved infrastructure, and increase value chain development in targeted corridors of Malawi and Mozambique, and intends to apply part of the proceeds for consulting services.

The Ministry of Transport and Public Works intends to apply part of the proceeds for consulting services. The consulting services (“the Services”) include consultancy on Assessment of the Impact of Mandatory Standards on Trade.

2. Objective of the Assignment

The objective of these Terms of Reference (TORs) is to engage an independent expert to undertake:

1. An independent assessment aimed at objectively and impartially finding out both the positive and negative impacts of mandatory standards on local and international trade especially for the traders and the country, Malawi.
2. To conduct a cost-benefit analysis to establish the costs and benefits of mandatory versus voluntary standards and how each could facilitate trade as well as improve market access.

2. METHODOLOGY

The following is the proposed methodology for the assessment:

2. Undertake an assessment of the the positive and negative trade impacts of mandatory standards for local, import and export quality products.
3. Consider the following criterion from both a national and regional perspective in assessing the value of standards including:
   1. Whether mandatory (regulatory) or voluntary standards benefit traders, consumers, environmental protection and other social values. Provide a qualitative and/or quantitative analysis of the costs and benefits of such standards.
   2. The conflict of interest related to the standard setting body providing conformity assessment.
   3. The positive and negative impacts of mandatory (regulatory) standards on producers, manufacturers and providers of services.
   4. Whether mandatory (regulatory) standards are required to support attestations or whether conformity assessment against import standards are sufficient for quality assurance.
   5. The alignment of standards with government objectives for market improvement.
   6. The costs and benefits to uniformity of production in advancing both national and international competitiveness.
   7. Alignment with regional and international standards
   8. The need for standardization in protecting against the dumping of substandard commodities.
   9. Whether mandatory (regulatory) or voluntary standards are required to promote or hinder the development of innovation, accessibility to products, and domestic competitiveness.
   10. The role of both mandatory and voluntary standards on MSMEs. In particular considering the value of these standards in promoting or hindering trade (including impacts on jobs and gender)
   11. The role of public vs. private standards and whether certain private standards could be incorporated into public standards ratio simplify conformity assessment.
   12. Impact on trade facilitation and role in border bottlenecks
   13. Reduction in accessibility to goods
   14. Contribution to economic growth
   15. Reduction of trade risks
   16. Role in dispute settlement
   17. Marketplace perception achieved through uniformity of product. Consider whether capacities in Malawi allow for achieving improved market access through the development of standards and whether these should be mandatory (regulation) or voluntary to achieve the improvement outcomes.
   18. Whether the costs of standards, the languished or complexity of information provided in standards is an impediment to uptake and conformity.
   19. The types and scope of standards required to encourage mutual recognition or equivalence.

2. RECOMMENDATIONS

Based upon the above analysis provide recommendations regarding the scope of required legislation and regulations for both mandatory and voluntary standards. Recommendations should include:

Guidance on the types of standards required and whether these should be mandatory (regulatory) or voluntary.

The scope and details required for a legislative framework for the standards body as well as the structure of the quality environment to best support trade, consumers, the environment and society.

The outreach and sensitization required to advance adoption of standards.

Whether standards should be made publicly available at no cost, provided in additional languages or text simplified to promote adoption and conformity to facilitate uptake and/or improve market access.

Guidance on the types of standards required to facilitate economic growth and market improvements.

4. STAKEHOLDER’S TO BE CONSULTED

1. Ministry of Trade and Industry as the parent ministry.
2. Malawi Investment Trade Centre.
3. Competition and Fair Trade Commission.
4. Malawi Revenue Authority and other Regulatory sector- Parastatals/Statutory Companies/Academia.
5. Malawi Confederation of Chambers of Commerce and Industry (MCCCI).
6. Selected Industrial Sector Stakeholders (both Large and MSMEs categories).
7. Selected Exporters and Importers (both Large and MSMEs categories).
8. Selected Trade Sector Off-takers/Distributors and Sales Outlets in the Large Scale and MSMEs categories (both Large and MSMEs categories).
9. Consumer Association of Malawi (CAMA).
10. Selected External/International/Regional Trade Stakeholders e.g. Embassies/High Commissions, Trade and Industry Ministries, Standards Bodies, SADC, COMESA, Foreign Industries/Exporters/Importers.

5. QUALIFICATIONS AND EXPERIENCE OF THE CONSULTANT

The Consultant must have the following educational qualifications, experience and expertise:

• At least 7 years’ experience in carrying out research.
• Master’s Degree in Economics, Statistics, Market Research or related courses.
• Good analytical skills.
• Proven track record in conducting similar assignments.
• Knowledge of Standardisation, Quality Assurance, Accreditation and Metrology.
• Knowledge of Trade Facilitation.
• Demonstrated knowledge of World Trade Organization (WTO) agreements and principles, with bias to knowledge in standardization (other mandatory and voluntary (including management systems).

6 CONTRACT DURATION

Duration of the consultancy is 45 working days spread over a period of two consecutive months (60 days) from the date of signing a contract.

7. PAYMENT SCHEDULE

10 per cent upon delivery of accepted inception report.

50 per cent upon delivery of draft report.

40 per cent on delivery of accepted final report.

9. REPORTING AND SUPERVISION

The Consultant will report to the Project Manager in the Southern Africa Trade and Connectivity Project Implementation Unit (SATCP PIU). In carrying out the task, a task force and core team (MBS, SATCP PIU, and World Bank) will guide and work hand in hand with the Consultant. The taskforce and core team will make initial review of submissions by the Consultant and make recommendations to the Project Manager.

It is expected that the Consultant will put in place own quality control mechanisms for the tasks to be performed and the deliverables to be submitted. The Consultant should present a plan for internal quality control for all the deliverables. For those deliverables that concern reports, documents, or plans, quality control will include review of deliverables by the task force and core team against agreed requirements.

10. Conflict of Interest

The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” dated November 2020 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.

10. Submission of Expressions of Interest

Interested Individuals meeting the stated requirements should submit their Expressions of interest including updated detailed curriculum vitae (CVs) and copies of professional certificates must be delivered in a written form to the address below (in person, or by mail, or by fax, or by e-mail) by 06 September, 2024 on or before 16:30 hours, local time.

The Chairman,
Internal Procurement and Disposal of Assets Committee,
Ministry Of Transport and Public Works
Southern Africa Trade and Connectivity Project (SATCP)
Attn: The Project Manager
Capital Hill, Private Bag 322, Lilongwe 3, Malawi
Tel: +265 1 789 577
E-mail: procurement@satcp.mw, CC: andrew.sungitsa@satcp.gov.mw