DEADLINE: 15TH JANUARY, 2023
SUSTAINABLE ENERGY FOR ALL (SEFORALL)
REQUEST FOR PROPOSAL FOR POLICY AND LEGAL ADVISORY FIRM

BACKGROUND AND CONTEXT   
Sustainable Energy for All (SEforALL) is an international organisation working with leaders in government, the private sector and civil society to drive further, faster action toward achievement of Sustainable Development Goal 7 (SDG7), which calls for universal access to sustainable energy by 2030, and the Paris Agreement, which calls for reducing greenhouse gas emissions to limit climate warming to well below 2° Celsius.     

Achieving these goals will require a radical rethink of the way we produce, distribute, and consume energy. SEforALL is at the heart of this foundational shift to ensure no one is left behind. Drawing on data and evidence, we identify a critical path to success in achieving SDG7.     

Former UN Secretary-General Ban Ki-moon launched the Sustainable Energy for All initiative in 2011. Now an independent organization, we maintain close links with the UN, including through a relationship agreement, partnerships with UN agencies and with SEforALL’s CEO acting as the UN Secretary-General’s Special Representative for Sustainable Energy for All and Co-Chair of UN-Energy. These roles include advising the UN Secretary General and his staff on issues relating to sustainable energy and the implementation of SDG7 and supporting the coordination of sustainable energy issues in the United Nations system.     

The ambitions of SDG7 are extraordinary. Aiming to achieve them in the context of the Paris Agreement on climate change involves transformation at a scale never undertaken before. Swift action must be taken by leaders in governments, private sector companies, institutions, financiers, development banks, unions, communities, entrepreneurs and civil society. As we enter the final decade to achieve SDG7, SEforALL has strategically chosen to strengthen global agenda-setting while expanding its activities to an engagement model that prioritizes data-driven decision-making, partnerships with high-impact countries and implementation on the ground. The new SEforALL three-year business plan outlines work programmes that scope out our planned interventions and demonstrate to our funding partners the impact of their support. http://www.seforall.org/      

Nigeria Energy Transition Office  

Nigeria is a high-impact country for achieving SDG7 which calls for universal access to clean and affordable energy. Based on the latest data available, 92 million Nigerians lack access to electricity while 175 million lack access to clean cooking solutions.  At the same time, the reality and grave impacts of climate change are already manifest in the form of floods, pollution, erosion, desertification, and the associated socio-economic consequences. As a result, demanding and modelling bold action to address energy poverty and mitigate climate change is a priority for the nation.   

Consequently, SEforALL alongside the UK Energy Transition Council and McKinsey supported the Nigerian Government in designing an Energy Transition Plan (ETP) to tackle the dual crises of energy poverty and climate change and deliver SDG7 by 2030 and net-zero by 2060, while also providing energy for development, industrialization, and economic growth. The Nigerian ETP is the first of its kind in Africa and details pathways for significant low-carbon development of energy systems across 5 key sectors: Power, Cooking, Transport, Industry, and Oil and Gas. The plan also highlights the key role Natural Gas must play as a transition fuel on Nigeria’s path to net-zero.   

Since its unveiling, the ETP has been approved by the Federal Executive Council (FEC) and adopted as national policy. On the 24th of August 2022, a virtual global launch of the ETP took place with participation from key partners across the globe and an official website (www.energytransition.gov.ng) was published.  

An Energy Transition Implementation Working Group (ETWG) chaired by His Excellency Vice President Yemi Osinbajo (SAN) and comprising of several key ministers including the Ministers for Environment, Power, Finance, Works & Housing, Petroleum Resources, and Foreign Affairs has been established to drive the implementation of the plan.   

Sustainable Energy for All (SEforALL) and the Global Energy Alliance for People and Planet (GEAPP) support the working group through a dedicated secretariat, the Energy Transition Office (ETO). Broadly, the objectives of the ETO include the following: 

  • Help to build policy support, identify opportunities, and mobilize resources that will serve as the backbone of the ETP to help drive Nigeria’s energy transition agenda, 
  • Establish a pipeline of bankable energy projects and programs in support of SDG7 and the Nigerian government’s energy access and energy transition goals and commitments, supporting medium-term growth in the Nigeria DRE sector, 
  • Build strong political support and provide government coordination for the activities of GEAPP in Nigeria. 
  • Provide support to Nigeria’s Energy Transition Implementation Working Group to help secure a financial and technical assistance support package for the country to begin implementation of the ETP,  
  • Coordinate closely with and utilize mechanisms such as the Energy Transition Council to help secure a financial and technical package of support for implementation of Nigeria’s energy transition, and 
  • Provide support for the establishment of Nigeria as a champion for a just and inclusive African energy transition  
  • Provide high-level engagement through SEforALL’s CEO / UN SRSG and other high-level leadership with Nigerian and other African government stakeholders as well as other international stakeholders to advance Nigeria’s ETP and a common African energy transition position.  

The ETP exists within a complex mélange of pre-existing and proposed government policy initiatives and legal and regulatory instruments related to Nigeria’s energy transition programme. This includes such policy documents as the National Development Plan and the National Energy Policy and sector/issue specific legislation like the Climate Change Act, Petroleum Industries Act and the Electric Power Sector Reform Act, to name a few. These policies and regulatory frameworks are underpinned by a broad range of ministries, departments and agencies (MDAs) responsible for implementation across the ETP’s five priority sectors including oil and gas, industry, power, transportation and building.   

In order to ensure the effective implementation of the ETP, the ETWG, supported by the ETO, must ensure that there Is sufficient policy alignment across sector initiatives and instruments and, mitigate the impacts of conflicts and policy incoherence while supporting continuous stakeholder buy-in, particularly in a context of political transition. 

Objective    

The objective of this consultancy is to provide specialist policy, legal and regulatory review expertise to the ETO as it supports the implementation of the ETP. The Firm will support the ETO in mapping the energy transition policy, legal and regulatory landscape; identify policy/legal issues and opportunities associated with implementing the ETP across MDAs and between national and sub-national government; and propose the most effective pathways for the ETO to achieve its objectives given the current and emerging context.  

The selected Firm will support the objectives of the ETO by developing the legal and policy backbone for implementing existing and new pipeline projects as part of the plan.  

Scope of Work 

The Firm will be expected to: 

  • Identify the main policy documents, strategies, laws and regulations related to the energy  transition; 
  • Advise on aspects of alignment between legal and regulatory instruments affecting energy transition planning, financing and implementation, with a view to meeting the objectives of the ETWG; 
  • Assess institutional arrangements, roles and responsibilities of key duty bearers regarding the ETP, including analysing gaps and identifying risks and issues; 
  • Develop alignment and integration framework for existing regulations; 
  • Review the regulatory and legal underpinnings of financing mechanisms that can catalyze the ETP’s implementation; and recommend fiscal policy, access to capital and regulatory instruments that can help in unlocking the market potential of the sectors;   
  • Work on an in-depth political economy analysis of the ETP, together with power/outcome maps closely tracking key players, pathways for cross-government buy-in and emerging opportunities for ETP implementation as the political transition unfolds; 
  • Support the advancement of ongoing fiscal reforms that facilitate increased revenue mobilisation on critical sectors related to Energy Transition, Climate Change and Green Growth. 
  • Work with the Federal Ministry of Environment (FME) and National Council on Climate Change (NCCC) to support the policy and regulatory frameworks for developing a carbon market and emissions trading scheme, including through the use of the Climate Fund and other tools and instruments envisaged under the Climate Change Act 2021. 

Approach, Timeline, and Deliverables  

Approach 

The selected Firm will work closely with the Senior Energy Specialist and Principal Finance Specialist as well as provide complementary-support to other members of the ETO. 

The selected firm should make a concerted effort to ensure gender parity throughout this assignment. This includes, for example, the team deployed for this purpose is encouraged to implement a 40:60 female-to-male ratio, provide a copy of gender policies followed by the organization and follow a gender-balanced approach in the assignment. The selected firm shall also work to ensure all stakeholder engagements are gender balanced. 

Timeline and Deliverables 

13 February 2023 to 31 August 2023. The selected Firm will produce the following deliverables according to schedule to be agreed upon with the ETO:  

  • Inception Report providing outcome of baseline policy, legal and regulatory instrument mapping/review exercise. 
  • Risks and Issues Report – outlining risks and issues arising from the mapping exercise and providing advice on ETWG positioning and best pathways for ETP financing and implementation. 
  • Options Report – providing proposals for amendments, if necessary, to extant legislation. 
  • ETP Policy Briefs – at least 5 with each focused on the different ETP sectors (Power, Transport, Cooking, Oil and Gas, and Industry). 

Travel  

Travel between Nigerian states might be required. Bids should be inclusive of anticipated travel costs. However, it is expected that the bulk of the work can be undertaken remotely. 

Reporting  

The consultant will report to the ETO’s Senior Government Liaison. 

Qualification and Expertise  

Firms wishing to submit a proposal should:  

  • Have presence in Nigeria (mandatory)  
  • Demonstrated experience in international development, including experience providing technical or embedded support to government institutions.  
  • Demonstrated experience in renewable energy policy or projects as well as in the broader climate change policy and projects field; experience in the Nigerian context is desirable. 
  • A qualified team with each senior lead experienced in delivering high-quality policy and legal analysis and must have a minimum of 10 years’ experience in managing complex projects in infrastructure, finance and policy sectors. 

Bidding Process  

Bidders are allowed to submit bids as a consortium. Proposals must include the following (in either PDF or PPT format).  

Technical Proposal: 

  • Your organization’s profile including organization’s name, address, contact information and a brief background.  
  • Your organization’s understanding of the assignment, including any proposed changes to the Scope of Work.  
  • Proposed team structure  
  • Proposed approach (Gantt chart with key milestones, activities, and any sub-activities). 
  • Relevant experience and examples of work.  
  • Key personnel profiles and roles of subcontractors, where applicable.  
  • References (at least 3).  

Financial Proposal: 

  • All costs must be in USD  
  • Detailed financial proposal inclusive of LOE, travel, equipment costs and any other costs expected to be incurred.  

Evaluation, Conflict of Interest, and Terms of Payment 

  • Bidders are requested to disclose and explain any potential conflicts of interest.  
  • Terms of payment at SEforALL follow a deliverable based framework. The breakdown of the milestones-payments will be communicated to the selected company. 
  • The evaluation of proposals will be based on a 70 – 30 split for technical proposal and financial proposal, respectively. 

How to Apply and Deadline 

Please submit your proposals to procurement@seforall.org by 15 January 2022, 23:59 CET 

In case of questions or queries contact SEforALL at procurement@seforall.org

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