Background
The ASEAN Member States (AMS) are committed to promoting fair business competition at the regional and national levels. The ASEAN Competition Action Plan (ACAP) 2016-2025 charts the direction of Competition Policy and Law (CPL) in ASEAN towards strengthening national legislation and institutions, converging competition rules and pursuing joint enforcement efforts in the medium to longer term.
Under the new ACAP 2025, at least 2 (two) peer reviews are set to be conducted in ASEAN by 2025. In order to achieve this outcome, a guidance document that outlines the general rationale and objectives, along with the substantive and operational considerations for peer review activity is already developed.
The main task of the ASEAN Consultant is to lead and undertake pilot peer review on Malaysia Competition Commission’s (MyCC) advocacy activities and to be supported by an existing Japanese consultant and an ASEAN consultant. The leading role of this ASEAN consultant will be part and parcel of all the existing and future agreements in relation to this project. To achieve this task, the consultant shall undertake the following:
Duration
From mid of February to the end of October 2022: complete the pilot peer review on MyCC’s competition advocacy activities.
Needs and Objectives
The result of this peer review activity is expected to provide recommendations to the AMS in helping them to improve the implementation of their competition law and related regulations through the enforcement of competition advocacy, including their institutional design and how they work across government and other competition authorities.
Expected Outputs
The outputs of this project include the following:
Qualifications
(Civil servants and government officials are not eligible to apply)
Reporting
The consultant is expected to produce reports in accordance with Section IV above. The timing of delivery is indicative and can be adjusted when the consultant’s work plan is developed, subject to mutual agreement.
No. |
Reports |
Target Delivery Date |
1. |
Draft Peer Review Report on MyCC competition advocacy activities
|
July 2022 |
2. |
Presentation of the Peer Review Report at the Peer Review Plenary Meeting
|
August 2022 |
3. |
Final/ Revised Peer Review Report on MyCC competition advocacy activities with Peer Review Plenary Report
|
September 2022 |
4. |
Project Completion Report
The Project Completion Report will establish a record of the project achievements against the project’s original intended purpose and outputs. It is intended to assist in assessing impact, draw out conclusions and lessons learned that may be valuable in designing new related initiatives.
|
October 2022 |
All reports will be submitted to the ASEAN Secretariat and the Indonesia Competition Commission (KPPU) through PT. Misha Cipta Nusantara (Implementing Agency). All outputs and reports must be suitable for publication, although the decision on publication lies with the ASEAN Secretariat.
Bidding
Interested consultants are invited to submit a proposal (in English) in response to this Terms of Reference (5 pages max). It should cover the following:
The proposal should present the following information:
Scope of Services
The consultancy will be undertaken from mid of February – October 2022. Work will commence immediately after contract signing.
Consultancy Fee
USD 16,383.00 (all in) to conduct a pilot peer review on one AMS to be paid in tranches based on the achievements of the following milestones:
Submission of Application
Applicants should send via email jaif.ia@mcn.co.id their application with a cover letter, materials specified in Section IX above and other supporting documents to Ms. Dewi Prasatya, indicating “The Undertaking of Peer Review” as the subject no later than 25 February 2022 5:00pm (Jakarta time). Please note that only short-listed candidates will be notified.
Any queries on the TOR should be sent to with the subject line: ”Query - The Undertaking of Peer Review”.
Project Management
The project will be funded by the Japan ASEAN Integration Fund (JAIF) and managed by the KPPU and PT. Misha Cipta Nusantara (Implementing Agency). The Consultant should be responsible for organising and conducting the scheduled activities in collaboration with the host countries, PT Misha Cipta Nusantara and the ASEAN Secretariat.