Nigeria Digital Identification For Development Project- Request For Expression Of Interest For Legal Consultancy Services To Draft Comprehensive Data Protection And Subsidiary Legislation

DEADLINE: 26TH NOVEMBER, 2021 NIGERIA DIGITAL IDENTIFICATION FOR DEVELOPMENT PROJECT REQUEST FOR EXPRESSIONS OF INTEREST (CONSULTING SERVICES – FIRMS SELECTION) ASSIGNMENT TITLE: LEGAL CONSULTANCY SERVICES TO DRAFT COMPREHENSIVE DATA PROTECTION AND SUBSIDIARY LEGISLATION FOR THE FEDERAL GOVERNMENT OF NIGERIA REFERENCE NO.: NG-NIMC-PPA-73

The Federal Government of Nigeria has applied for a credit from the World Bank, French Development Agency (AFD) & European Investment Bank (EIB) and intends to apply part of the proceeds to increase the number of persons with a National ID number, which would be issued by a robust and inclusive foundational ID system to facilitate improved access to public services. The governance arrangements for project implementation consist of three structures:

(a) Project Ecosystem Steering Committee (PESC);

(b) Ecosystem Coordination Strategic Unit (ECSU) situated within the Federal Ministry of Communications and Digital Economy; and

(c) the Project Implementation Unit (PIU) situated within the National Identity Management Commission (NIMC).

The Federal Government of Nigeria seeks to hire the services of a consulting firm to provide legal advice to the Federal Ministry of Communications and Digital Economy (FMCDE) in order to help develop and implement the legal framework, institutional and regulatory capacity for data protection, cyber security and ID systems which gives effect to the reforms contemplated by the Nigeria ID4D Project.

The consulting services (“the Services”) include:

(a) To draft a comprehensive data protection legislation;

(b) To draft subsidiary legislation (regulations, rules and/or guidelines) to support the operationalization of primary legislation. This activity will only be carried out after the successful completion of the principal legislation; and

(c) To draft amendments to existing laws and regulations, including the National Identity Management Commission, National Population Commission legislation, and Cybercrime (Prohibition, Prevention, etc) legislation to harmonize the overall approach to data protection, cybersecurity and cybercrimes in Nigeria and ensure the ID system operates in an inclusive, nondiscriminatory, and transparent manner.

The consulting firm will report to the ECSU Coordinator located at Ecosystem Building in NIMC Headquarters Abuja. The assignment is expected to commence in March 2022 and to be completed in 40 weeks from commencement.

The detailed Terms of Reference (TOR) for the assignment can be found at the following URL: https://tinyurl.com/NID4D . The Federal Ministry of Communications and Digital Economy (FMCDE) 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 and relevant experience to perform the Services.

The shortlisting criteria are: (a) The Consultant shall have engaged in assignments involving digital identification, data protection, cybersecurity and or cybercrime matters, as well as experience advising on law reform processes, drafting legislation, establishing regulatory institutions and advising on data protection matters, with demonstrable knowledge and experience in the areas of work described in these ToRs (particularly, data protection and cybersecurity).

(b) The Consultant shall have at least 15 years of demonstrable experience of providing relevant advice in highly developed, complex legal and sectoral contexts. Relevant developing country experience and experience in European Union General Data Protection Regulation (EU-GDPR) will be an advantage.

(c) The Consultant shall in general have the technical and managerial organization required for the assignment, demonstrated by the sum of the company structure, similar assignments undertaken and key personnel retained.

Key Experts will however not be evaluated at the shortlisting stage.

The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” Fourth Edition, November 2020 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.

Consultants may associate with other firms to enhance their qualifications, but should indicate clearly whether the association is in the form of a joint venture/consortium and/or a sub-consultancy. In the case of a joint venture/consortium, all the partners in the joint venture/consortium shall be jointly and severally liable for the entire contract, if selected.

A Consultant will be selected in accordance with the Quality and Cost Based Selection Method set out in the Procurement Regulations.

Further Information can be obtained at the address below during office hours i.e. 9.00 a.m. to 4.00 p.m. (Local time). Request for Further Information by Email should be made to: nimcid4d@nimc.gov.ng

Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by e-mail) not later than 4.00pm local time on Friday, 26 November 2021 .

Deputy Director/Head of Procurement, National Identity Management Commission (NIMC) 11 Sokode Crescent, offDalaba Street Zone 5 Wuse, Abuja – Nigeria. Tel: 0803 320 2531 E-mail: nimcid4d@nimc.gov.ng

Nigeria Digital Identification For Development Project- Request For Expression Of Interest For Legal Consultancy Services To Draft Comprehensive Data Protection And Subsidiary Legislation

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