Ogun State Government Recruitment for Consultants (Regulatory Framework for Ogun State Business Environment Council)

The Ogun State Government is requesting assistance from the World Bank to fund the Ogun State Economic Transformation Program (OGSTEP) through an Investment Project Financing instrument, The funds will support the Ogun State Development Plan (SDP) (2018-2030) with a focus on business environment, skills development and public sector governance.

The ministry of budget and planning has the responsibility for project implementation and ensuring that the project development objectives are met and coordinated by the Project Implementation Unit (PIU).

Below is a critical role / activities that are needed to be filled or carried out for the preparation and implementation of the program:

Job Title: Consultant to Draft Regulatory framework for Ogun State Business Environment Council

Reference No: OG/CS/PPA/08/2020
Location: Abeokuta, Ogun
Project Title: Ogun State Economic Transformation Project (OGSTEP)
Reports to: Honourable Commissioner, Industry, Trade and Investment.
Duration of employment: 12 Weeks

Project Development Objective

• The Project Development Objective is to increase agricultural production and stimulate private sector participation in the agricultural, industrial and skills sectors of the Ogun State economy.

The project consists of two main components. The project components include:
Component 1: Increasing Agricultural Production and Industrialization:

• Sub-Component 1.1: increasing Agricultural Production
• Sub-Component 1.2: Improving Business Environment.
• Sub-Component 1.3 Developing Skills.

Component 2: Technical Assistance to Strengthen Capacity to Implement the Program:

• Component 2.1 Agriculture
• Component 2.2 Business Environment
• Component 2.3 Skills
• Component 2.4 Public Sector Reform and PFM
• Component 2.5 Project Implementation support

Background Information

• The Ogun State Government through the Federal Government of Nigeria has received a credit from the International Development Association (hereinafter referred to as IDA) Bank towards the financing of the Ogun State Economic Transformation Project (OGSTEP).
• OGSTEP is in line with the Ogun State Development Plan 2017-2030 (SDP) reform agenda to accelerate strategic reforms and foster public investment to enable greater private sector participation in the State’s economy which is organized around five cardinal programs covering agriculture production and industrialization, infrastructure and rural development, education, health, and affordable housing and urban renewal.
• OGSTEP is a multi-sectoral response project premised on a combination of results-based financing, technical assistance, and increased private sector participation through public private partnerships. The project will focus on sustainable reforms to address constraints impeding the ease of doing business in the State and limiting effective private sector participation. It will support investment promotion through dedicated agencies and industrial zones, while emphasizing private sector management and market-driven investments.
• The Presidential Enabling Business Environment Council [PEBEC] works towards the fulfilment of the projections of the Economic Recovery and Growth Plan (ERGP 2017-2020), which is striving to deliver sustainable economic growth in Nigeria by restoring growth, investing in the people and building a competitive economy.
• Nigeria has improved its ease of doing business performance score as she was ranked 131 out of 190 countries in the World Bank 2020 Doing Business Index. In the past 4 years Nigeria has gone through reforms and moved 39 places up the World Doing Business rankings. This improvement has been attributed to the PEBEC which has worked to remove bureaucratic constraints to doing business in Nigeria and make the country a progressively easier place to start and grow a business. PEBEC includes the Enabling Business Environment Secretariat [EBES] which is the operational arm of PEBEC, assisting the Ministries, Departments and Agencies [MDAs] to implement the reform agenda of the PEBEC.
• Ogun State is situated in the South-Western region of Nigeria, with an estimated population of 6 million in 2019.The State is a major economic hub and has one of the biggest economies in Nigeria. It has one of the largest concentration of industries in the country and serves as the major corridor for transportation of goods, services and people between the nation’s commercial centre Lagos, and the rest of the country as well as the large West African markets. Hence living up to its name as the Gateway State in Nigeria.
• The State has witnessed significant industrial growth in the last 5 years in line with its State Development Program [2017-2030] and that has adopted an economic blueprint of international best practices which ensures increase in revenue generation, raising optimal finance or funding for the infrastructural development, streamlined processes and faster micro-economic growth. Recognized the need to put in place a medium to longer term strategy to promote inclusive and sustainable development in the State as a thrust to economic growth.
• The Year-on-Year (YoY) revenue reports by National Bureau of Statistics (NBS) and Joint Tax Board (JTB) tagged, Ogun State in the league of top five Nigerian States in terms of Revenue Generation. A four-year financial sustainability index analysis indicates that Ogun state has grown revenue by 144% between 2015 – N34.6 billion and 2018 – N84.55 billion.
• The state is committed to improving its business environment by ensuring an investor friendly environment through the creation of the Ogun State Business Environment Council (OGBEC) supported by the Ogun State Business Environment Secretariat and Technical Working Groups, with an objective to reduce time and costs associated with doing business in the state.
• As part of efforts towards project implementation, a Consultant is required to draft the Regulatory Framework of the Ogun State Business Environment Council, Ogun State Business Environment Secretariat and Technical Working Groups to support the activities of the Business Environment Sector Technical Team.

Objectives:

• The objective of this consultancy is to develop a regulatory and operational framework for the Ogun State Business Environment Council, Ogun State Business Environment Secretariat and Technical Working Groups in line with best practice based on the work at PEBEC and other states in Nigeria.
• The goal of the regulatory framework is to ensure long-term sustainability of the Business Environment Council, to set out its organizational structure and functions, establish a robust accountability structure to maximise effectiveness at the state level.

Impact results for OGBEC will include, but not be limited to:

• Improve the state’s business environment as captured in the World Bank sub-national index,
• Establish regulatory frameworks and reduce the administrative burden for all companies/enterprises including Micro, small and medium enterprises [MSME’s] to help them thrive and compete globally,
• Foster healthy competition among states and ensure economic growth and development aspirations, etc.

Scope of Work
In order to draft the regulatory framework for the Business Environmental Council and supporting bodies to be submitted for Ogun State’s government approval, the consultant is required to:

• Review national and international best practice of operational frameworks for Business Councils with the aim of establishing good models of inclusiveness in addressing business environment emerging issues.
• Engage and consult as needed with the government agencies and relevant private sector stakeholders represented in the Ogun Business Environment Council, Ogun State Business Environment Secretariat and Technical Working Groups to ensure accurate representation and inclusion and assess lessons learned from past experience.
• Draft the regulatory framework for the Business Environment Council and Secretariat based on best international practices and adapted to the local context to be agreed and validated by the Ogun State government.

The assignment will comprise the following components, but not be limited to:

• Provide a comprehensive assessment of the operational framework as to how it establishes capabilities and the sustainability of the BEC for the long-term, and to sustain reforms on an on-going basis.
• Ensure the MDAs are accountable for implementation in Ogun State.
• Ensure that assistance is provided to the OGBEC for reform scoping, implementation management, and operational standardization with the private sector.
• Draft a governance manual and any necessary laws and regulations for the regulatory framework for the Business Environment Secretariat which will be adopted by the Government of Ogun State.

Specific Task to be provided by the Client:

The Consultant will:

• Carry out reviews of documents relevant to the understanding of the regulatory framework. These will include but are not limited to the existing PEBEC mandate, Ogun State development action plan, national legislation relevant to ease of doing business and existing assessments of the Ogun state business sector.
• Review other current relevant policy frameworks, laws, approaches and state level implementation plans on ease of doing business issues as relevant for the setting up and operationalization of the Ogun State Business Environment Council and Ogun Business Environment Secretariat.
• Develop an understanding of the current situation of ease of doing business in Ogun State, and the areas where reforms have been flagged as necessary paying special attention to issues of sustainable development.
• Undertake any other tasks that are necessary to accomplish the regulatory framework for the Business Environment Council.

Outputs And Deliverables
The outputs expected from the consultant will be as described below.
Inception report:

This report will contain:

• A detailed work plan (including timing and duration) outlining the assignment to be taken for the proposed period of fieldwork and subsequent phases of the assignment;
• Lists of data which will be required;
• A comprehensive desk review of documents relevant to an understanding and execution of the assignment;
• Lists of agencies, individuals and key parties or stakeholders with whom the consultant would wish to meet;
• Requests for any changes to the ToR for the project which the consultant believes are warranted;
• Proposed dates for the submission of the draft and final reports.

Monthly Progress Reports:

• The Consultant will be required to submit status reports on the work plan with any proposed changes at one-month intervals up until the end of the consultancy. The Consultant’s Progress Reports will contain, the following:
  • Overall progress made in the assignment with reference to the ToR, with special reference to progress made in the month;
  • Problems experienced, resolved and outstanding;
  • Issues anticipated to arise during the completion of the fieldwork; including access to data sources;
  • An update of the work plan and proposed changes, if any;
  • Proposed activities for the following month
  • Any variations expected to the timing of the remaining stages of the assignment.

Presentation of preliminary findings:

• At the conclusion of the fieldwork and prior to the consultant returning to their home office to prepare the draft regulations, a project report and a presentation of the principal findings from the fieldwork phase will be made, as described above.

Project Report:

• A final report containing the results of the consultant’s work will be prepared for submission to the Government of Ogun State. The final report should contain:
• A draft law for submission to the Ogun State House of Assembly
• Draft regulations for the management of Ogun State Business Environment Council
• Draft regulations for the operations of the Ogun State Business Environment Secretariat
• Draft rules and regulations for the operations and membership of the Technical Working Groups
• Operational model for OGBEC, OGBES and TWGs which clearly sets out the day-to-day modus operandi, accountability processes and escalation mechanisms for effective work by all bodies based on international best practice
• Prepare a comprehensive review report of the findings from the assessment and the associated recommendations for the most appropriate solution for the BEC in order to achieve state level goals

Presentation of the Project Report:

• Following submission of the Draft Report, the consultant will make a presentation of this report to Government of Ogun State. In preparing the Final Report, the consultant will take into account the content of the discussions, which occur at that presentation and the written comments, which Ogun State provides.

Implementation Progress Reports:

• Once the Implementation Assistance component commences, the consultant will be required to submit progress reports. The nature and frequency of these reports will be specified in writing prior to the award of the contract.

Duration of Project:
The proposed project timeline, expressed as weeks from the date of award of the contract, is as follows; bidders should feel free to propose alternative timelines:

• Project component - Duration - Cumulative time
• Mobilisation - One Week - One Week
• Inception mission - One Week - Two Weeks
• Inception report - One Week - Three Weeks
• Fieldwork - Two Weeks - Five Weeks
• Draft report - One Week - Six Weeks
• Government consideration of draft - One Week - Seven Weeks
• Presentation of Draft Report - One Week - Eight Weeks
• Government written comments - Two Weeks - Ten Weeks
• Final report submitted - Two Weeks - Twelve Weeks
• Implementation assistance - To be specified

Qualifications / Competencies

• Education: Master's Degree or PhD in Law or a related field.

Experience / Competencies:

• Professional Skills Minimum of 10+ years of professional experience in Law, Economics, Finance, Operations, Management Consulting, Public Service, or related field;
• Strong background of working with developing country governments in the areas of business environment reform and regulatory delivery;
• A proven track record of working successfully with governmental and public sector officials is a mandatory requirement, while knowledge of the political and economic dynamics at the state and federal government levels in Nigeria is desirable;
• Experience with development agencies, ideally in large emerging markets and Sub-Saharan Africa and previous experience of business environment consulting assignments will be an advantage;
• Experience in or In-depth knowledge of simplification of business start-up, business licensing and related legislative and regulatory frameworks for doing business in Nigeria;
• Experience in project implementation, monitoring, and management in a developing country context;
• Evidence of substantial experience as a project team lead or manager of a unit in a large and internationally supported project;
• Substantive knowledge of Ogun’s State public and private sectors as well as a working knowledge of the PEBEC, Doing Business Report, Logistics Performance Index and Global Competitiveness Reports;
• Experience in dealing with government organisations and networks at a senior level. Specific experience working with government organizations involved in doing business - CAC, Lands Bureau, Urban Planning, Judiciary among others - will be an advantage
• A thorough understanding of global developments in business regulatory frameworks, institutional set-ups and strategies for reform, including previous experience of process mapping and assessment;
• An in-depth understanding of the political and economic factors influencing the creation of business environments and the factors which influence investment location decisions by investors;
• Sound interpersonal skills; - The ability to work well with minimal supervision in a small team environment, proven ability to work in a multi-disciplinary environment, with excellent teamwork
• Strong presentation and communication skills. Report writing on economic or legislative issues
• A demonstrated ability to work successfully within a multicultural environment and to adhere to tight deadlines with accuracy and professionalism
• Applied research/economic analysis would be an advantage;
• Proof of having championed reforms.

Language Requirements:

• Excellent oral and written communication in English.

Institutional And Organization Arrangements
The Consultant will report to Honourable Commissioner, Industry, Trade and Investment.

Payment & Time Frame:

• The financial proposal shall specify a total lump-sum amount denominated and payable in Nigerian Naira, around specific and measurable (qualitative and quantitative) deliverables. Payments are based upon output following Government of Ogun State’s consideration of the Final Report.

Time Frame:

• The activity work plan with clear timelines will be finalised before commencement of the assignment.

Special Terms & Conditions/Specific Criteria
In addition to the foregoing provisions, the following conditions and understandings shall apply:

• During the performance of Consultant’s duties, any correspondence with the authorities or officials shall be cleared through and coordinated with Ogun state.
• Copies of all documents, materials or work product received or produced in connection with employment shall be provided to Ogun state. Unless otherwise in the public domain, all documents, materials or work product received or produced, constitute property of the Ogun state government and upon request shall be delivered to the government.
• Certain knowledge and information (whether oral or written, in documents, materials, or work product) that is not already within the public domain that the Consultant acquires from the Ogun state government, its staff or under the Consultant’s assignment shall for all time and purposes be regarded as strictly confidential and shall be held in confidence by the Consultant. Such knowledge and information shall not be directly or indirectly disclosed by Consultant to any person whosoever without written permission from an authorized person of Ogun state.

Contract Payment Terms & Time Frame:

• One contract will be issued for this assignment, which will be a Lump Sum contract, denominated and payable in Nigeria Naira.
• Progress or interim payments will be based upon Project team receipt and satisfactory acceptance of the consultant’s delivered reports.
• This consultancy shall run for no longer than 12 weeks.

Procurement Procedure:

• The procurement procedure to be followed in the selection of the Individual Consultant shall be The World Bank Procurement Regulations for IPF Borrowers, July 2016, revised November 2017 and August 2018.

Application Closing Date
18th September, 2020.

Method of Application
Interested and qualified candidates should send their Applications clearly labelled "OGSTEP - Consultant to draft the regulatory framework of the Business Environment Council in Ogun State" to: [email protected]

Click Here to Download Term of Reference

Applications should include:

• The consultant CV showing details of general and specific experiences. The specific experience should include previous similar assignments carried out, date of the assignments, scope and name of client.
• The consultant must provide a provisional work plan including a proposed timeframe.
• A financial proposal that should include fees, local travel, subsistence and other costs.