Recruitment of a Consultant for the Development of a Regulation and a Manual of Procedures for Consumer protection handling

Published On - April 30, 2025

Ibrima Tambajang Procurement

REQUEST FOR EXPRESSION OF INTEREST

(Consulting services – individual consultant selection)

From: 30 April 2025 to 15 May 2025

Client: ECOWAS Regional Competition Authority (ERCA)

Type: Expression of Interest (EOI)

TITLE: Recruitment of a Consultant for the Development of a Regulation and a Manual of Procedures for Consumer protection handling

Reference: No. ERW/ERCA/ADM/002/04/04/ti

As part of the implementation of the 2025 budget, the ECOWAS Regional Competition Authority (ERCA) intends to recruit a consultant to develop a regulation and a procedures manual relating to the management of cross-border consumer protection cases.

  1. a) Background

As part of the regional economic integration promoted by ECOWAS, the increased movement of goods, services, and capital among Member States has led to a rise in cross-border commercial transactions. While this development is beneficial for economic growth, it also exposes consumers to increased risks of unfair, misleading, or abusive business practices.

To address these challenges, ECOWAS adopted a Regional Consumer Protection Directive which sets out the fundamental principles that should guide Member States in the implementation of effective consumer protection policies. However, the concrete implementation of this directive requires harmonised operational instruments, particularly a legally binding regulation and a detailed procedures manual to ensure the consistent, effective, and fair handling of consumer protection matters, especially those of a cross-border nature.

In accordance with Article 3 (c) of Supplementary Act A/SA.1/12/08, ERCA is mandated to safeguard the welfare of consumers and protect their interests. However, it currently lacks the legal instruments required to manage consumer protection cases.

Indeed, the absence of a regional procedural framework has given rise to several challenges in addressing cross-border consumer protection cases, including:

  • A lack of clarity on how to submit complaints to the ECOWAS Regional Competition Authority;
  • The absence of investigation procedures;
  • The lack of mechanisms for case handling, hearings, decision-making, appeals, or compensation for aggrieved consumers;
  • The absence of a framework for coordination and cooperation between ERCA and national authorities in cross-border cases.

This consultancy will address the current absence of an appropriate legal and operational framework for consumer protection. Such a framework will not only ensure stronger consumer protection, but also promote a more transparent, predictable, and fair commercial environment, beneficial to consumer welfare and the defence of their rights. It will also enhance the credibility and effectiveness of ERCA as a central actor in the regulation of the regional market and the protection of consumer rights.

  1. b) Objectives

The main objective of developing a regulation and its corresponding procedures manual on consumer protection is to provide ERCA with the appropriate legal instruments for managing cross-border consumer protection cases.

The development of a regional consumer protection regulation, accompanied by a manual of procedures, aims to:

  • define clear and harmonised steps for complaint management: submission, admissibility, registration, processing, and case closure;
  • outline the procedures for investigation, evidence collection, and hearing of the concerned parties (complainants, businesses or service providers);
  • specify mechanisms for decision-making, notification of decisions, and the appeals process available to the parties;
  • provide modalities for compensation or redress for consumers who have been victims of abusive practices;
  • establish a framework for cooperation between ERCA and Member States in the handling of cross-border cases, including mechanisms for information exchange, mutual assistance, joint investigations, and enforcement of decisions.
  1. c) Duties and Responsibilities of the Consultant

The consultant shall undertake the following tasks:

  • Conduct a literature review of international and regional best practices;
  • Hold interviews with key stakeholders;
  • Draft a regulation and a detailed manual of procedures on consumer protection within the ECOWAS region, taking into account existing regional and national laws, regulations, policies, and international best practices.
  1. d) Expected Deliverables

The consultant is expected to produce the following deliverables:

  1. An inception report presenting their understanding of the objectives, an overview of the proposed approach and methodology, a detailed work plan, and any other relevant information;
  2. An interim report outlining progress made and deliverables achieved in relation to the terms of reference and the work plan;
  3. A final report including the Consumer Protection Regulation and the Manual of Procedures, detailing the following elements:
    • Clear and harmonised steps for complaint management: submission, admissibility, registration, processing, and closure of cases;
    • Procedures for investigation, evidence collection, and hearing of the parties concerned (complainants, businesses, or service providers);
    • Mechanisms for decision-making, notification of decisions, and appeal processes;
    • Modalities for compensation or redress for consumers who are victims of abusive practices;
    • A cooperation framework between ERCA and Member States for handling cross-border cases through clear mechanisms for information exchange, mutual assistance, joint investigations, and implementation of decisions.
  1. Qualifications and Experience

The Consultant must have the following qualifications and experience:

  • A post-graduate degree in economics, social sciences, law, public policy or a related field.
  • have at least ten (10) years’ experience in the area of consumer protection or competition, have conducted similar assignment(s) for stakeholders in the ECOWAS region;
  • have excellent analytical and report writing;
  • be fluent (reading, speaking and writing) in at least one official ECOWAS language (English, French or Portuguese). Working knowledge (reading, speaking and writing) of at least one other language would be an asset.
  1. Duration

The work will be performed over a period of two (2) months from the date the contract is signed.

  1. Funding

The work will be funded from the ERCA budget. This will cover all related expenses, including the consultant’s fees, travel costs and other administrative expenses.

  1. Submission of Proposals

Interested candidates should submit a proposal that includes:

  1. A detailed CV and relevant qualifications of the resource person.
  2. A cover letter outlining the applicant’s interest for the assignment.
  1. Deadline for submission

The deadline for submission of proposals is May 22nd, 2025.

Expressions of Interest (1 original and 3 copies) can be delivered in sealed envelopes and clearly marked “Recruitment of a consultant to develop a regulation and a manual of procedures relating to the management of cross-border consumer protection cases.. ”, Do not open except in the presence of the Evaluation Committee” to the address below latest by May 15, 2025 at 11.00 am (GMT), The Gambia Time.

The Ecowas Regional Competitive Authority (ERCA)

OIC highway, KSMD, Bijilo, The Gambia

P.O Box 4470 Tel :+220 2330006 / 3486966.

Please note that electronic submissions are also accepted and shall be addressed to: dtorrella@ecowas.int/ itambajang@ecowas.int /ysamateh@ecowas.int

This EOI is also published on the ERCA and the ECOWAS websites info@erca-arcc.org and http://www.ecowas.int/doing-business-in-ecowas/ecowasprocurement

Executive Director, ECOWAS Regional Competition Authority (ERCA)