Guyana seeks consultant to rewrite archaic Oil & Gas laws

Mar 07, 2021 News

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…restricts information sharing to a “need-to-know basis”

Kaieteur News – Guyana’s Ministry of Natural Resources (MNR) is gearing to hire a consultant for the development of the legal and regulatory frameworks for the country’s Oil and Gas Sector—a project to be completed in 24 months, commencing in July.
The project, according to the request for expression of interest by the Ministry, is being financed through a loan from the World Bank.
According to the request, the objective of the assignment is for the consultant to provide legislative drafting services, inclusive of on-the-job-training, in relation to the development of the legal and regulatory framework for the oil and gas sector to MNR, and the Petroleum Commission (PC)—the sector Regulator—once established.
According to the scope of work identified for the successful consultant, is the undertaking of a, “comprehensive review of Guyana’s existing legal and regulatory framework…such review to include and maximize upon existing institutional, legislative and regulatory analysis and revision documentation.
Additionally, the consultant is expected to support the MNR in detailing the legislative and regulatory instruments required to update and establish Guyana’s governance, management and
oversight of the upstream, mid and downstream oil and gas sector, so as to establish a modern and competitive framework.
This, in addition to the development of a prioritized legislative agenda and implementation action plan.
The consultant will also be expected to support the Attorney General’s Chambers in the review assessment and drafting necessary to ensure that the legislative and regulatory instrument are finalized in good order for presentation to the National Assembly, and for passage into law.
“Provide for the transfer of knowledge, including on-the-job training and review workshops, for selected personnel from the MNR, PC, Attorney General’s Chambers and other ministries/agencies as identified by the MNR, on legal aspects of the petroleum industry.”
The request by MNR also demands that the successful consultant, “provide overall support to the client for the process of cohesively updating and establishing a modern and competitive governance, management and regulatory framework for the upstream oil and gas sector, including the detailing of institutional functions, roles and responsibilities, operational coordination mechanisms, and systems of operational checks and balances for the institutions charged directly with the sector oversight, and particularly the functions to be discharged by the MNR and the PC.”
Additionally, the consultant will be required to provide “ad hoc legal advice on matters arising from the MNR’s governance and management of the petroleum sector as requested by the Client.”
While there has been no clear indication on the part of the Ministry as to the cost of the consultancy, the funds would be utilized from a US$20M loan that had been secured from the World Bank.
It was noted however, that the Consultant will be selected in accordance with the “Quality-And-Cost Based Selection (QCBS) method set out in the procurement Regulations. Under the Terms of Reference (ToR) prepared for the consultancy, the consultant will be hired for a period of 24-months with an agreed schedule of hourly or daily rates.
The ToR also dictates that it is expected that a major part of the work will be conducted in the Consultant’s office, with regular visits to MNR and is expected to be “on call” basis and be available for audio or videoconferences when required.
It was noted too, that in light of the Covid-19 pandemic and the related ongoing travel restrictions, “the Consultant and the Client will develop distance-facilitating engagement alternatives to the in-country requirements until such time as the remainder of the original in-country time requirements may be safely carried out as per prevailing health standards.”
The Consultant is expected to be present in Guyana for at least 35 per cent of the 24 months duration of the contract.
Notably, under the ToRs the Consultant and/or its employees are expected to keep confidential all information that they receive, directly or indirectly, from the Authorities, its agencies or ministries, and any other stakeholder, as well as all copies or analyses that it makes, or have been
made by third parties, on the basis of such information.”
According to MNR’s rules, the consultant will use the material obtained exclusively for the purpose of preparing deliverables relevant to the assignment and will only permit access to the material to persons within their organizations on a need-to-know basis.

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