Call for Consultancy Services: Development of a Special Target Enterprise (STE) Regulation for the Gambia Investment and Export Promotion Agency (GIEPA) 50 views

DEVELOPMENT OF THE SPECIAL TARGET ENTERPRISE (STE) REGULATION CONSULTANT SCOPE OF WORK

Project: Cultivating Resilient and Optimal Production – Horticulture (CROP-H) Proposal No.: 5502/FY26/01

Funded by:

United States Department of Agriculture (USDA) Food for Progress (FFPr) Implemented by:

Shelter For Life International Salameh Complex Sukuta Highway, Brusubi, West Coast Region, The Gambia. • (+220) 7720949 • www.shelter.org

 1. BACKGROUND/CONTEXT

Shelter For Life International (SFL) is implementing the CROP-H Project using a market-based approach in partnership with multiple stakeholders across the horticulture value chain. This five-year United States Department of Agriculture (USDA) Food for Progress (FFPr) Project in The Gambia aims to increase food security by strengthening the agricultural sector through:

1. Increasing horticultural productivity and sales
2. Expanding and improving quality of exports
3. Increasing employment of sector stakeholders Improving incomes and standards of living for smallholder farmers

The CROP-H Project, in line with its objective of expanding trade in the horticultural value chain, is collaborating with Gambia Investment and Export Promotion Agency (GIEPA) under the Ministry of Trade, Industry, Regional Integration and Employment (MoTIE) to develop a Special Target Enterprise (STE) Regulation for Micro, Small and Medium-Size Enterprise (MSMEs). The GIEPA Act of 2015 provided categories of investment promotions such as the Special Investment Certificate holders investment thresholds (US$100,000 for domestic investors and US$250,000 for foreign investors); of Export Processing Zones Enterprises, and MSMEs. However, it does not define or provide for identifying and supporting Special Target Enterprises. The GIEPA Act 2015 instead recommended the development of additional regulations that will define the eligibility criteria for MSMEs to be categorized as STEs.

In the absence of these regulations, GIEPA cannot systematically identify and prioritize the STE enterprises, causing facilitation of STEs to become inconsistent and reactive. For example, high-potential start-up MSMEs may face avoidable challenges such as bureaucratic delays and a lack of structured support. Currently, the GIEPA Act contains provisions that allow MSMEs to benefit from a three-year tax exemption and a 10% reduction in turnover taxes. However, MSMEs are unable to benefit from these incentives because no regulations have been developed to implement these provisions or ensure compliance.

 To address this gap, CROP-H is collaborating with GIEPA to hire a consultant to develop the Special Target Enterprise Regulation for MSMEs. This regulation is expected to target enterprises with investment levels ranging from US$15,000 to US$90,000, making them eligible for domestic investment incentives. It is expectedthat this investment bracket will adequately cover MSMEs as per the priority sectors defined in the GIEPA Act 2015.

2. PURPOSE AND OBJECTIVES

The main purpose of the consultancy is to assist GIEPA in developing neffective STE regulation, which defines Special Target Enterprises (STEs); establishes clear MSME eligibility criteria, andthe methodology and procedures for application, approval, , monitoring, and evaluating implementation of the STE regulation. The consultant will ensure that the STE regulations providea transparent, predictable, and accountable framework to support MSMEs in accessing local and regional markets and in exporting to international markets.

Goals to develop and implement the Regulation,include:

• Operationalizing Sections 74 and 75 of the GIEPA Act 2015;
• Establishing clear criteria for identifying and classifying Special Target Enterprises;
• Addressing the barriers faced by smaller domestic enterprises in accessing investment incentives;
• Establishing appropriate investment thresholds and eligibility criteria of the thresholds;
• Defining the incentives and benefits available to qualifying STEs;
• Establishing transparent application, assessment, approval, monitoring and renewal procedures;
• Minimizingcases of abuse, duplication or misuse of incentives;
• Providing a practical framework that GIEPA and other relevant government institutions can

Specific Objectives:

The consultant will specifically:

1. Review the existing legal and policy framework governing investment incentives, MSMEs and enterprise development in The Gambia.
2. Assess the implementation gaps in the current investment incentive framework, particularly the accessibility of the incentives to micro and small domestic enterprises.
3. Develop clear and objective criteria for classifying Special Target
4. Recommend appropriate investment thresholds for STEs, taking into account the size and characteristics of Gambian MSMEs.
5. Develop eligibility criteria based on factors such as:
   • investment size; ownership; sector; employment creation; location; value addition;
   • local sourcing; export potential; technology adoption; stakeholder participation; and contribution to national development priorities.
6. Develop a package of incentives and support measures for MSMEs that qualify as
7. Establish transparent procedures for application, assessment, approval, issuance, monitoring, renewal, and withdrawal of STE status.
8. Clarify the roles and responsibilities of GIEPA, relevant Ministries, Government agencies, and other stakeholders in administering the Regulations.
9. Develop mechanisms to ensure accountability, transparency, and prevention of abuse of STE incentives.
10. Prepare a draft Regulation suitable for legal review and Government
11. Organize validation workshops that will first ensure stakeholder approval of the STE Regulation and second, that will lead to legalizing the STE Regulations.

3. CONSULTANT SCOPE OF WORK

Review of Legal and Policy Framework

Review relevant legislation, regulations, policies and strategies, including but not limited to: GIEPA Act 2015; existing GIEPA investment incentive regulations; The Gambia National Policy for MSMEs 2019-2024; relevant tax legislation; Companies Act; Income and Value Added Tax legislation; Customs and Excise legislation; Gambia National Export Strategy and other relevant laws in ECOWAS. The consultant should specifically examine the legal basis provided by Sections 74 and 75 of the GIEPA Act 2015 concerning Special Target Enterprises and incentives.

Institutional and Stakeholder Assessment

The consultant will assess the institutional arrangements and capacities required for the effective implementation of the Special Target Enterprise (STE) Regulations and consult relevant stakeholders to ensure that the proposed regulatory framework is practical, inclusive, and aligned with existing institutional mandates. Key stakeholders to be consulted will include the Gambia Investment and Export Promotion Agency (GIEPA); the Ministry of Trade, Industry, Regional Integration and Employment; the Ministry of Agriculture Livestock and Food Security, The Gambia Standards Bureau, the Food Safety and Quality Authority (FSQA), the International Trade Center, the International Ministry of Finance and Economic Affairs; The Gambia Revenue Authority; the Ministry of Justice; the Central Bank of The Gambia; Chambers of Commerce; financial institutions; private-sector organizations; business development service providers; and selected SMEs.

MSME and Investment Threshold Analysis

The consultant will assess existing investment thresholds and recommend clear, evidence-based thresholds and criteria for STE classification, considering MSME investment levels, sector requirements, employment, turnover, assets, location, local ownership, export potential, value addition, and fiscal implications. The proposed criteria should reflect the realities of Gambian MSMEs while promoting growth, employment, value addition, and access to international markets.

Development of STE Incentive Package

The consultant will recommend a practical package of fiscal and non-fiscal incentives for MSMEs qualifying as STEs, including tax and customs concessions, simplified procedures, investment facilitation, business development and export support, matching grants, technical assistance, and certification support. The consultant will distinguish fiscal incentives requiring legislative or tax approval from administrative and business-development support that can be provided by GIEPA and other relevant institutions, building on existing GIEPA support.

Application and Approval Mechanism

The consultant will design a simple, transparent, and efficient application and approval process covering eligibility screening, documentation, technical/economic assessment, approval and issuance of STE status, access to incentives, monitoring, renewal, and suspension or withdrawal. The system should minimize administrative burdens for genuine MSMEs while ensuring adequate controls, transparency, and accountability.

Stakeholder Consultation

The consultant, in collaboration with GIEPA, will organize a consultative workshop bringing together government authorities, private-sector representatives, and SMEs to provide their views on the initial draft Regulations, make recommendations for improvement, and ensure alignment with existing legal and regulatory frameworks in The Gambia, and confirm that their inputs and recommendations have been adequately incorporated into the final document. In addition to the consultative workshop, the consultant will organize a final validation workshopfor the MoTIE to review and validate the STE Regulations.

4. DELIVERABLES

• Inception report: The consultant will prepare an Inception Report outlining the proposed methodology, work plan, stakeholder consultation strategy, and structure of the proposed STE
• Regulatory review and gap assessment: The consultant will undertake a comprehensive review of the GIEPA Act and relevant national policies, benchmark the existing framework against international regulatory models from Rwanda, Mauritius, Ghana, and , The consultant will then prepare a gap assessment report outlining key findings and recommendations to inform the development of the Gambian STE Regulation.
• Draft of Regulation: The consultant will develop successive drafts of the STE Regulation, incorporating internal and stakeholder feedback. The consultant will also prepare supporting operational tools, including application form templates, assessment and scoring models, and STE designation documents to facilitate effective implementation of the regulation.
• Stakeholder consultation and validation report: The consultant will conduct stakeholder consultations and two national validation The consultant will gather feedback on the draft Regulations, assessing relevance and feasibility, and incorporating stakeholder recommendations into the final draft. The consultant is expected to compile stakeholder feedback and draft a stakeholder consultation report. The first workshop is for stakeholders to provide their views on the initial draft Regulations, make recommendations for improvement, and ensure that their inputs and recommendations have been adequately incorporated into the final document. The second validation workshop is for the MoTIE to review and validate the STE Regulation, leading to its adoption.

5. DURATION

The consultancy expected to be undertaken over a period of 30 non-consecutive days within 4-5 months.

6. PREFERRED QUALIFICATION AND SKILLS

To qualify, the consultant should have

• Master’s degree or higher in law, economics, public policy, and investment promotion
• at least 7 years of relevant professional
• demonstrated experience in regulatory and policy
• experience drafting legislation, regulations or subsidiary
• knowledge of investment promotion and MSME
• experience designing investment
• experience undertaking stakeholder
• knowledge of The Gambia’s legal and institutional
• experience in developing comparable regulations in The Gambia or in Africa will be an

7. TECHNICAL PROPOSAL

Interested individuals should submit:

1. Technical Proposal
   • Detailed methodology and approach
   • Work plan and timeline
   • Relevant experience and past assignments
   • CV(s) of key personnels
2. Financial Budget

Detail Budget of consultancy services. (Use this format: (Link). BUDGET PROPOSAL FORM.xlsx

8. EVALUATION CRITERIA

Proposals will be evaluated based on:

• Technical capacity and relevant experience
• Methodological approach
• Value for money

9. SUBMISSION MODALITIES

Offers must be submitted to the following email address: crophprocurement@shelter.org, with a subject line of: “Consultancy-Development of Special Target Enterprise Regulation for MSMEs”. For Additional Information contact Mr. Adama Jarju: 877720949, jarju@shelter.org. The deadline for submission is October 30, 2026, at 5:00 pm local time.

A final award is subject to the terms and conditions included in this solicitation, as well as successful final negotiations of applicant terms and conditions affecting this work. SFL will enter with the winning consultant into a fixed-price contract which will be payable on specific deliverables, outlined in this document, and which will be attached to the contract.