REQUEST FOR EXPRESSIONS OF INTEREST (REoI)
CONSULTANT’S QUALIFICATIONS BASED SELECTION (CQS)
Project: Federated States of Micronesia Maritime Investment Project (P163922)
Grant No. IDA-D4500
Assignment Title: Review of Institutional and Governance Arrangements for Port Management
Reference No.: FM-PIU-MIP, DOTCI-133385-CS-CQS
The Federated States of Micronesia has received financing from the World Bank toward the cost of
the Micronesia Maritime Investment Project, and intends to apply part of the proceeds for thefollowing consulting services.
The Government of FSM is seeking a firm to assess how the maritime sector is governed in FSM
and identify measures to improve and streamline port management. The consulting services (“theServices”) will focus on a comprehensive review of the current institutional and regulatory settingof the maritime sector and develop a detailed set of priority recommendations for GoFSM tomanage immediate and emerging issues. A summary of the key tasks and deliverables for thisassignment are as follows:••••••

An initial review of current institutional and governance arrangements at the National and Statelevels,Presentation of an initial report to the FSM and State Governments in a form requested by theContract Manager (Secretary of the Department of Transport, Communications and Infrastructure).
This will be accompanied by PowerPoint briefs and/or short executive summaries on particularpoints, to supplement the overall report;
If requested by the Contract Manager, prepare drafting instructions for any recommended
legislative/regulatory amendments based on the recommendations as agreed under bullet 2, andprovide the drafts to the FSM and State Governments for review and comment;
Deliver a presentation of the draft legislation and proposed institutional and governance changes toSecretaries of the FSM Government, state Governors and any other interested stakeholders who
shall be invited to provide inputs on this draft;
Revise the draft report based upon the generally accepted inputs received at bullet 4;
Prepare a final report to be provided to the Federal and State Governments including the elementsof the initial review, an update to reflect Government feedback, as well as the final version of thelegislative drafting instructions.

It is expected that the consulting assignment shall take four months to complete and will require a
total of six person-months input by three key experts to complete. The detailed Terms of Reference(TOR) for the assignment are attached below.
The Department of Transportation, Communication and Infrastructure (DoTC&I) now invites eligible
consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested
Consultants should provide information demonstrating that they have the required qualifications andrelevant experience to perform the Services.

The attention of interested Consultants is drawn to paragraph 3.14, 3.16 and 3.17 of the “World Bank
Procurement Regulations for IPF Borrowers”, dated July 2016, revised November 2017 and August
2018 (“the Regulations”), setting forth the World Bank’s policy on conflict of interest.
The best qualified firm to carry out the services will be selected in accordance with the Consultant’s
Qualifications Based Selection (CQS) method set out in the Regulations, and based on the following
criteria:
i. General experience advising on institutional review and governance arrangements for port
management or management of other major infrastructure facilities (a minimum of 10 years’
experience will be required).
ii. Experience on similar assignments as per the Terms of Reference (at least 3 similar
assignments over the past 10 years).
iii. Proof of technical, managerial and financial capacity of the firm.
iv. Responsiveness to this REoI and demonstrated understanding of the key elements of thisassignment.
v. Experience in the Pacific Region is desired.
Further information can be obtained at the address below during office hours, i.e., 0800 to 1700
hours.
Expressions of interest must be delivered in a written form to the address below (in person, by mail,or by e-mail) by 4:00 p.m. (1600 hrs) Pohnpei Time on Friday, 23rd October, 2020.
Gerard Osborne,
Project Manager

Department of Transportation, Communication and Infrastructure (DoTC&I)

Palikir, Federated States of Micronesia (FSM)
Tel: (+691) 320 2080
Email: gerard.osborne@tci.gov.fm
Web: www.tci.gov.fm
And,
cc to:
ciu.fmip@gov.fm
Central Implementation Unit

Terms of Reference (ToRs)
Review of Institutional and Governance Arrangements for Port Management
Background
The Federated States of Micronesia (FSM) is highly dependent on the maritime sector for international,
inter-state and inter-island trade via the sea, and for access to education and health services to and from themain and outlying islands, making maritime connectivity of critical importance.
However, it faces challenges in improving overall governance of the sector, including in legislative,operational, technical and human capacity areas. As a result, there are inconsistencies and gaps between
various regulations, particularly between sectors and between national and subnational governance, andattendant regulations and policies are not sufficiently adapted to the local context. There is also a need forclarity with regard to operating procedures and accountability mechanisms in the sector.
In response to these challenges, the Government of FSM (GoFSM) have begun implementing the FSM
Maritime Investment Project (FSMIP). The objective of FSMIP is to improve the safety, efficiency andclimate resilience of maritime infrastructure and operations in FSM’s territory, and in the event of an
Eligible Crisis or Emergency, to provide an immediate response to the Eligible Crisis or Emergency. The
proposed project has four components:
Component 1: Maritime Infrastructure
Component 2: Maritime Safety and Security
Component 3: Technical Assistance for Port Planning and Project Management
Component 4: Contingency Emergency Response
A critical element of Component 3 is technical assistance to review institutional and governancearrangements for port management in FSM.

Objectives of RoleThe objective of this role is to assess how the maritime sector is governed in FSM and identify measures toimprove and streamline port management.

Detailed Scope of Assignment and Deliverables

A consulting firm will undertake a comprehensive review of the current institutional and regulatory settingof the maritime sector and develop a detailed set of priority recommendations for GoFSM to manage
immediate and emerging issues. Detailed deliverables are as follows:
1. An initial review of institutional and governance arrangements including:a. An executive summary that outlines all important points and recommendations.
b. A summary of the current regulatory framework for port management including the National
Maritime Act, which sets the legal framework for maritime transport and shipping, and thoseaspects of the FSM Code associated National regulations, State Codes and associated Stateregulations which relate to port management, including environment, customs, immigration, andhealth and safety legislation to ensure it is aligned with government priorities, including flag stateresponsibilities. The assessment will also include a review of safety responsibilities; identificationof a national and state government emergency response policy, protocols and arrangements toaddress coastal flooding and extreme weather events in and around ports. Legislation in relation tohuman trafficking and gender-based violence should be specifically addressed as they are
significant concerns in the maritime sector. The summary should also outline how port
management functions in practice (including in relation to port operations leasing/licensingarrangements), where it differs from what the regulatory framework details.
c. A summary of the current roles, responsibilities and functions of the maritime sector agencies andother units (both National and State) responsible for elements of port management withrecommendations made to address any gaps identified and to resolve overlapping responsibilities.
This would include the departments and authorities responsible for port management, environment,land, health and safety. The firm will propose appropriate institutional arrangements to effectively
and efficiently carry out port management functions within FSM.
d. Recommendations, including possible legislative/regulatory amendments, additions, drafting
instructions, and explanatory memoranda, required at the State and National levels necessary todevelop a governance framework for effective and efficient port management, that are relevant andappropriate in the FSM context and, to the fullest extent reasonably possible, consistent withinternational best practice in areas including environmental protection, occupational health andsafety, maritime safety, anti-human trafficking, and addressing gender-based violence. Effectiveand efficient port management in this context includes port management which supports a viablemaritime sector in the outer islands of FSM, to the extent that it facilitates economic sustainability
to support and maintain outer island population centers.
2.

Presentation of an initial report to the FSM and State Governments in a form requested by the Contract
Manager (Secretary of the Department of Transport, Communications and Infrastructure). This will
be accompanied by PowerPoint briefs and/or short executive summaries on particular points, tosupplement the overall report.

3.

If requested by the Contract Manager, prepare drafting instructions for any recommended
legislative/regulatory amendments based on the recommendations as agreed under (2), and provide
the drafts to the FSM and State Governments for review and comment.

4.

Give a personal presentation of the draft legislation to Secretaries of the FSM Government, state
Governors and any other interested individuals who shall be invited to provide inputs on this draft.

5.

Revise the draft legislation based upon the generally accepted inputs received at (4).

6.

Prepare a final report to be provided to the Federal and State Governments including the elements of1(a-d) above, an update to reflect Government feedback, as well as the final version of the legislative
drafting instructions.

It is anticipated that the assignment will be completed within six months from the date of the signing of theconsultancy contract between GoFSM and the consulting firm.
Payments will be made by the FSM Government to the firm as follows:•••

50% of the total contract fees are payable on firm’s completion of tasks set out in paras 1(a-d) and 2in form and substance satisfactory to the Contract Manager;
25% of the total contract fees are payable on firm’s completion of tasks set out in paras 3 and 4 inform and substance to the Contract Manager; and25% of the total contract fees are payable on the firm’s completion of tasks set out in paras 5 and 6 inform and substance satisfactory to the Contract Manager.

The firm’s International Legal Consultant and International Port Management Consultant (key experts
noted below) will each make one trip to FSM for not more than a total of 18 working days in country (i.e.
excluding travel time) to meet with the Contract Manager and other Federal and State Government officials.

Key resources

Throughout the assignment, a number of GoFSM stakeholders are to be engaged, including, but notnecessarily limited to:Federal Government: The Department of Transportation, Communication and Infrastructure (DoTC&I),
the Department of Finance & Administration (DoFA), the Department of Department of Environment,
Climate Change and Emergency Management (DECEM), the Department of Justice (DoJ), the National
Oceanic Resource Management Authority (NORMA), the Department of Transport and Public Works(DTPW), and the Attorney General’s office.
State Governments: Kosrae State Government, the Kosrae Port Authority, the Pohnpei State Government,
the Pohnpei Port Authority; the Chuuk State Government, and the Chuuk State Department ofTransportation, Communication, and Infrastructure; and the Yap State Government, and the Yap State
Department of Public Works and Transportation.
Private sector counterparts: Micronesian Shipping Commission, port lease or license holders, agents andcommercial vessel owners; and donor partners.
Existing policy documents, laws, regulations, and standards, guidelines and other materials and documents
relating to maritime sector management in FSM outlined in Annex A. In completing the deliverables, thefirm should consider, but not limit itself to the suggested list in Annex A.
Key Expertise Requirements
A consulting firm will be engaged through Consultants Qualification Selection in accordance with theWorld Bank’s Procurement Policy and Procurement Regulations. The duration of the assignment isexpected to be approximately four months. Proposing entities will determine the number and the nature ofexperts they will require to achieve the objectives of the contract, in accordance with their proposed
approach and methodology. However, the assignment requires a minimum of the following three key
experts: 1. International Legal Consultant; 2. International Port Management Expert; and 3. Local LegalAdviser. It is expected that the International Legal Consultant will serve as Team Leader, and the key
experts will have the following minimum qualifications:

PositionInternational Legal Consultant

Table 1: Key Experts Required

Minimum Qualifications Requirement
Degree in law, qualified to practice in at least one jurisdiction,
and with at least 10 years of post-qualification experience that
includes advising Governments on regulatory and institutional
issues pertaining to the maritime sector.

Fluent in written and spoken English.
International Port Management Degree in Business Management, Economics, Engineering orExpert
other relevant field with at least 10 years post-qualification
experience in port management and operations; including port
management in small island countries
Local Legal Adviser

Fluent in written and spoken English
Degree in law, qualified to practice in FSM, and with at least
10 years of post-qualification experience in public law
Fluent in written and spoken English

In addition to the above required key experts, proposing entities should also include all non-key experts intheir technical proposal, in the personnel work plan and in their financial proposal in accordance with their
proposed approach and methodology.
Duration and Level of Effort
It is expected that this assignment will take four months to complete and will require a total of six personmonths input by the three key experts to complete.
Reporting Requirements
The firm will be contracted to and based in DoTC&I and will report operationally to the Secretary ofDoTC&I.

Annex A – FSM maritime sector core documentsCore documents to review include:••••••••

Maritime ActDomestic Violence Act 2017 and related state laws (currently Kosrae and Pohnpei at the time of writing,
Chuuk and Yap are pending)Trafficking in Person Act of 2011
Sections of the Code of the Federated States of Micronesia, relevant to the maritime sector including,but not limited to:o Foreign Relations [Title 10]o Crimes as relates to human trafficking, national security, weapons control and controlled
substanceso Territory, Economic Zones and Ports of Entry [Title 18]o Admiralty and Maritime [Title 19]
o Communication [Title 21]o Agriculture and Livestock [Title 22] as relates to quarantine
o Marine Resources [Title 24]
o International Trade [Title 38]
o Commercial Law [Title 33]
o Public Health, Safety and Welfare [Title 41]
o Labor [Title 54]
o Taxation and Customs [Title 55]
o Government Finance and Contracts as relates to revolving funds for:
 Maritime Operations (613-617)
 Fisheries Observer (630-634)
 Aquaculture (655-659)
 Maritime Surveillance 679-682)
 Immigration, Customs and Quarantine Overtime (§§ 1608-1612)
Relevant port leases and licenses
Relevant case lawRelevant policies – at the time of writing, FSM has yet to adopt a national policy for maritime transportor shipping.
Institutional frameworks, corporate plans and/or mandates for the national and state agencies involvedin maritime sector management.

In addition to the national regulatory framework governing the maritime sector, the firm should also
consider any international obligations that may apply to FSM. This includes compliance with theInternational Ship and Port Facility Security Code (ISPS) and International Maritime Organization (IMO)
conventions to which FSM is a party, even though FSM is not an IMO member.
Other international obligations may include a duty to protect and preserve the marine environment and rareor fragile ecosystems and habitats1, duty to conserve biodiversity 2, ensure prior environmental impact
assessment of activities likely to cause significant harm 3 and ongoing monitoring of environmental

1 United Nations Law of the Sea Convention (LOSC) Articles 192 and 194(5) and Article 14 of the Noumea Convention.
2 1992 Convention on Biological Diversity Article 3.
3 LOSC Article 206 and Noumea Convention Article 16

impacts 4. FSM may also be obligated to prevent, reduce and control pollution from seabed activities 5; orcaused by ships 6, as well as prevent trans-boundary harm 7 and not interfere with rights and freedoms ofother States, such as the installation of submarine pipelines and cables, and marine scientific research 8.
Governments also have an international duty to take measures for ensuring safety at sea.9
Regionally, the Convention for the Protection of the Natural Resources and Environment of the South
Pacific Region (the Noumea Convention) will have particular relevance. The convention focuses on theprotection and management of the development of the environment of the Pacific region in marine andcoastal areas.

4 LOSC Article 204.
5 LOSC Articles 194(3)c, 208, 209; Noumea Convention Article 8.
6 LOSC Articles 194(3)(b) and 211; International Convention for the Prevention of Pollution from Ships, 1973, as modified by theProtocol of 1978 (MARPOL) 73/78, or by dumping of waste at sea (LOSC Articles 194(3) and 210; the London Convention andthe 1996 Protocol thereto).
7 LOSC Article 194, London Convention Preamble; London Protocol Art. 3(3); Seabed Disputes Chamber of the International
Tribunal for the Law of the Sea (ITLOS), Case No. 17, ITLOS Advisory Opinion of 1 February 2011.
8 LOSC Articles 58, 78, 79 and 246.
9 LOSC Article 94, 1974 Convention for the Safety of Life at Sea.