Draft amendment of the Electricity Act to engage private sector in RE development

REQUEST FOR EXPRESSIONS OF INTEREST - CONSULTANT'S QUALIFICATIONS BASED SELECTION (CQS)

The Republic of Fiji, acting through the relevant implementing agency for the Fiji Energy Transformation Project Preparation, has received financing from the World Bank toward the cost of project preparation and intends to apply part of the proceeds for the following consulting services.

The consulting services ("the Services") comprise a targeted assessment of the Electricity Act 2017 and relevant associated instruments to identify priority legal and regulatory barriers to private sector participation in renewable electricity generation, and to develop targeted, evidence-based amendments and complementary reform measures. The assignment will distinguish matters requiring amendment to the Act from those that may be addressed through subsidiary regulations, license conditions, regulatory decisions, technical codes, standard agreements, guidelines, or improved implementation and enforcement.

The Services will cover:

• An inception report setting out methodology, workplan, stakeholder consultation plan, information requirements, and delivery schedule.
• A targeted legal, policy and regulatory assessment of the Electricity Act 2017 and relevant associated instruments affecting Independent Power Producers, distributed energy resources, self-generators, energy storage providers, mini-grid operators, and other private renewable electricity participants.
• A Legal Issues and Barriers Matrix identifying relevant provisions, barriers, practical effects, affected participants, and the appropriate legislative, regulatory, contractual, institutional, or administrative response.
• Targeted consultations with Government, FCCC, EFL, relevant ministries and agencies, existing and prospective IPPs, and other relevant stakeholders.
• Assessment of proportionate reform and renewable electricity procurement options, including improved implementation, targeted legislative amendments, subsidiary instruments, regulatory guidance, strengthened negotiated PPAs, competitive procurement, and other approaches appropriate to Fiji.
• Preparation of targeted amendments to the Electricity Act 2017, explanatory notes, consequential changes to associated instruments, a validation record, and a concise implementation roadmap.

Implementation period: The assignment is expected to be completed over twenty (20) weeks, with the final targeted legislative amendment package and implementation roadmap due in Week 20.

Terms of Reference: The detailed Terms of Reference are attached to this REOI as Appendix 1.

The implementing agency 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 attention of interested Consultants is drawn to the applicable provisions of the World Bank Procurement Regulations for IPF Borrowers concerning conflict of interest.

EOI Evaluation Criteria

Form and content of the Expression of Interest: Expressions of interest should contain only the information necessary to assess the criteria above. Consultants are not required to submit technical proposals, detailed methodologies, work plans, staffing schedules, CVs of experts, or financial proposals at this stage. The qualifications and experience of Key Experts do not form part of the evaluation at the REOI stage.

Consultants may associate with other firms to enhance their qualifications but shall indicate clearly whether the association takes the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all members shall be jointly and severally liable, and the lead member shall be identified.

The firm assessed as best qualified against the evaluation criteria will be invited to submit a technical and financial proposal and to negotiate a contract in accordance with the applicable procurement arrangements.

Submission

Further information can be obtained by emailing to tenders@efl.com.fj during office hours 8:00 AM to 4:30 PM (Fiji Time), Monday to Friday clear 3 days from the closing date of this EOI.

Expressions of interest must be uploaded to the EFL e-Tender Portal (TenderLink) at https://www.tenderlink.com/efl(opens in new window), by registering your company, by 4:00 PM (1600 hrs) Fiji Time on Monday, 12 October 2026.

Tender documents may be viewed and downloaded from www.efl.com.fj(opens in new window) or https://www.tenderlink.com/efl(opens in new window).

Submissions by email or facsimile will not be accepted and will be deemed null and void. Hard copy

submissions to the tender box at EFL Head Office, Suva, will not be accepted.

This assignment is being procured using the Consultants' Qualifications-based Selection (CQS) method.

At the current stage, consultants are only required to submit an Expression of Interest (EOI) demonstrating their qualifications, relevant experience, and capability to undertake the assignment. A financial proposal is not required at the EOI stage.

Appendix 1 - Terms of Reference

Terms of Reference

Targeted Assessment and Amendment of Fiji’s Electricity Act 2017 to Enable Private Sector Participation in Renewable Electricity Generation

1.0 Background

Energy is a key driver of economic growth and social development in Fiji. Ensuring energy security and reliable access is increasingly important given external shocks such as pandemics, global geopolitical disruptions, and climate-driven natural disasters. Fiji’s energy transition requires strengthened sector planning led by Government in coordination with sector stakeholders (including Energy Fiji Limited (EFL), the Fijian Competition and Consumer Commission (FCCC), and private investors) to ensure that enabling legislation, regulations, and policies support investment, accelerate renewable energy (RE) deployment, and strengthen climate resilience and energy efficiency in electricity infrastructure.

Fiji has committed to a low-carbon development pathway and aims to transition its electricity sector toward renewable energy. Fiji’s updated Nationally Determined Contributions (2020) and the SDG 7 Roadmap (2022) reflect the national ambition to increase renewable generation capacity and progress toward a predominantly renewable electricity system by 2036. Fiji’s electricity access rate in 2024 was approximately 97%, and renewable energy contributed an estimated 51% of generation excluding bioenergy.

While renewable technology costs have declined significantly over the past decade and private sector interest in investment is growing, private participation remains constrained by gaps in policy implementation and by legal and regulatory barriers affecting market access and the bankability of Independent Power Producer (IPP) projects.

The Electricity Act 2017 was enacted to modernize the sector, corporatize the former Fiji Electricity Authority into EFL, and confirm FCCC as the independent economic regulator. However, private investment in renewable energy has remained limited, and the legal and regulatory framework continues to present barriers to achieving Fiji’s energy transition goals.

2.0 Rationale

To strengthen the enabling environment for Fiji’s energy transition, the Government of Fiji (GoF), in partnership with the International Renewable Energy Agency (IRENA) through the Small Island Developing States (SIDS) Lighthouses Initiative (LHI), undertook a gap analysis study titled “Assessment of Legislative and Regulatory Frameworks for a Just and Inclusive Energy Transition.”

The Gap Analysis examined Fiji’s legal, regulatory and institutional framework for electricity generation, transmission and supply. It identified barriers and uncertainties that may constrain the deployment of renewable energy and private sector participation in electricity generation. The study found that, while the Electricity Act 2017 allows IPPs to participate in electricity generation, the existing framework does not provide sufficient clarity, predictability and certainty regarding how private renewable energy participants can enter, operate and invest in Fiji’s electricity sector.

The Gap Analysis identified several areas requiring further assessment and possible legislative or regulatory reform, including:

• unclear or limited recognition of renewable energy, Independent Power Producers, distributed energy resources, energy storage and other emerging forms of private renewable electricity generation;
• dependence on negotiated Power Purchase Agreements between EFL and Independent Power Producers, without a sufficiently clear and predictable framework for pricing, risk allocation, negotiation timelines, approval and dispute resolution;
• the need for clearer arrangements for procuring new renewable electricity generation, including assessment of competitive and other procurement approaches suitable for Fiji;

This assignment will build upon the relevant findings of the Gap Analysis and undertake a targeted assessment of the provisions of the Act and associated instruments that affect private sector participation in renewable electricity generation. The assessment will examine the legal and regulatory arrangements affecting IPPs, distributed generation, self-generation, storage and mini grids. It will also identify whether the barriers to private participation should be addressed through amendments to the Act, subsidiary regulations, license conditions, standard agreements, procurement arrangements or improved implementation.

The assignment is not intended to constitute a comprehensive review, redrafting or replacement of the Electricity Act 2017. The assessment shall focus on priority provisions and arrangements that materially affect private sector participation in renewable electricity generation and the enabling environment required for such participation.

In this context, the Government of Fiji, supported by the World Bank Grant Facility for Project Preparation (GFPP) for the Fiji Energy Transformation Project, seeks to identify and develop targeted, evidence-based amendments to the Electricity Act 2017 and any related reforms required to establish a transparent, predictable and workable legislative environment for private sector participation in renewable electricity generation.

The proposed reforms shall support renewable energy development while safeguarding affordability, system reliability, security of supply, consumer interests and the financial and operational sustainability of Fiji’s electricity system.

3.0 Objective of the Assignment

Building upon the findings of the Gap Analysis Study, the primary objective of this assignment is to undertake a targeted assessment of the Electricity Act 2017 and relevant associated instruments to identify priority legal and regulatory barriers to private sector participation in renewable electricity generation, and to develop targeted, evidence-based amendments and complementary reform measures to address those barriers.

The assignment shall identify the appropriate legal, regulatory, contractual, institutional or administrative mechanism for addressing each priority barrier and shall distinguish matters requiring amendment to the Electricity Act 2017 from those that may be addressed through subsidiary regulations, licence conditions, regulatory decisions, technical codes, standard agreements, guidelines or improved implementation and enforcement.

The assignment shall support a clear, transparent and predictable framework for participation by Independent Power Producers, distributed energy resources, self-generators, energy storage providers, mini-grid operators and other relevant renewable energy participants, while safeguarding electricity affordability, system reliability, security of supply, consumer interests, and the financial and operational sustainability of Fiji’s electricity system.

The specific objectives of the consultancy are to:

• Build upon the relevant findings of the Gap Analysis Study to identify priority legal and regulatory barriers to private sector participation in renewable electricity generation.
• Undertake a targeted assessment of the Electricity Act 2017 and relevant associated instruments affecting Independent Power Producers, distributed energy resources, self-generators, storage providers and mini-grid operators.
• Identify priority barriers to private renewable electricity generation, including those relating to but not limited to licensing and exemptions, self-supply, grid access and interconnection, electricity procurement, Power Purchase Agreements, pricing arrangements, risk allocation and dispute resolution.
• Assess proportionate reform options for addressing the identified barriers, including improved implementation of existing regulatory powers, negotiated PPAs, competitive procurement and other arrangements appropriate to Fiji’s market size, institutional capacity, affordability requirements, grid conditions and security-of-supply needs.
• Determine which priority barriers require amendments to the Electricity Act 2017, and which may be addressed through subsidiary regulations, license conditions, regulatory decisions, technical codes, standard agreements, guidelines or improved implementation and enforcement.
• Prepare targeted legislative amendments and a concise implementation roadmap setting out the actions, sequencing, responsible institutions, indicative timeframes, transitional arrangements, and consequential changes required to implement the proposed amendments.

4.0 Scope of Works

The consultant shall undertake a thorough and targeted assessment of the Electricity Act 2017 and relevant associated instruments to identify provisions that may constrain, discourage, or create uncertainty for private sector participation in renewable electricity generation. The assignment shall be informed by the findings of the Assessment of Legislative and Regulatory Frameworks for a Just and Inclusive Energy Transition in Fiji. However, the consultant shall independently scrutinise the Electricity Act 2017 and shall not be limited to the barriers identified in the Gap Analysis.

The consultant shall distinguish between matters requiring amendments to the Electricity Act 2017 and matters that may be addressed through subsidiary regulations, licence conditions, regulatory decisions, technical codes, standard agreements, guidelines, or improved implementation and enforcement.

Task 1: Inception and Targeted Legal, Policy and Regulatory Assessment

The consultant shall:

• Prepare an Inception Report setting out the proposed methodology, workplan, stakeholder consultation plan, information requirements, and schedule for completing the assignment.
• Undertake a thorough assessment of the Electricity Act 2017 to identify provisions that may constrain, discourage, or create uncertainty for private sector participation in renewable electricity generation.
• Examine the Electricity Regulations 2019, relevant electricity licences, and applicable regulatory instruments only to the extent necessary to understand how the relevant provisions of the Act operate in practice.
• Assess the legal, policy and regulatory treatment of Independent Power Producers, distributed energy resources, self-generators, energy storage providers, mini-grid operators, and other relevant private renewable electricity participants.
• Examine priority matters relating to definitions, licensing and exemptions, self-supply, distributed generation, EFL’s exclusive rights, grid access and interconnection, electricity procurement, Power Purchase Agreements, electricity purchase-price arrangements, institutional responsibilities, dispute resolution, compliance, and enforcement.
• Identify whether each barrier arises from the Electricity Act itself or from subsidiary instruments, licence conditions, regulatory practices, commercial arrangements, institutional responsibilities, or implementation and enforcement.
• Prepare a Legal Issues and Barriers Matrix identifying the relevant provision, the barrier identified, its practical effect on private sector participation, and the appropriate mechanism for addressing it.

Task 2: Targeted Stakeholder Consultations

The consultant shall:

• Conduct targeted consultations with DOE, FCCC, EFL, relevant Government ministries and agencies (the Ministry of Finance, Office of the Attorney-General, Ministry of Environment and Climate Change, relevant land and planning authorities), existing and prospective IPPs, and other relevant stakeholders, e.g. consumer and community representatives.
• Obtain practical evidence on barriers affecting licensing, grid access and interconnection, electricity procurement, PPA negotiations, pricing certainty, project financing, regulatory approvals, and dispute resolution.
• Determine whether the identified barriers arise from the legislation itself or from its administration, interpretation, implementation, or enforcement.
• Seek stakeholder views on possible legislative and regulatory responses and their likely implications for private investment, EFL, consumers, electricity affordability, system reliability, and security of supply.
• Prepare a concise Stakeholder Consultation Report and Consultation Matrix setting out the principal issues raised, areas of agreement and disagreement, and how stakeholder input informed the proposed reforms.

The consultations shall build upon the wider stakeholder consultation process previously undertaken under the Gap Analysis and shall focus on obtaining updated information and evidence relevant to this targeted assignment.

Task 3: Assessment of Reform and Procurement Options

Based on the legal, policy and regulatory assessment and stakeholder consultations, the consultant shall:

1. Identify and compare proportionate options for addressing the priority barriers to private sector participation in renewable electricity generation. Depending on the nature of each barrier, the measures may include, but are not limited to:

a. improved administration, interpretation, and enforcement of existing powers.

b. targeted amendments to the Electricity Act 2017.

c. amendments to subsidiary regulations or licence conditions.

d. clearer regulatory guidance, technical codes, or standard agreements.

e. strengthened arrangements for negotiated Power Purchase Agreements.

f. competitive procurement for suitable categories of renewable electricity generation; or

g. an appropriate combination of these measures.

1. Recommend other measures where supported by the assessment and identify the most appropriate legislative, regulatory, contractual, institutional, or administrative mechanism for addressing each priority barrier.
2. Assess options for establishing a transparent and fit-for-purpose renewable energy procurement framework, including competitive and other appropriate procurement approaches, taking into account Fiji’s market size, institutional capacity, consumer affordability, investor confidence and project bankability, system reliability and security of supply, and the appropriate allocation of risks among Government, EFL and private-sector developers.
3. Where a renewable energy procurement framework is recommended, identify the necessary legal and regulatory arrangements, institutional roles, core procurement principles, standard documentation requirements, and appropriate legal instruments for implementation.
4. Provide drafting instructions for any supporting procurement instruments requiring subsequent development. The consultant shall not be required to prepare complete procurement regulations, bidding documents, a model PPA, or a detailed auction design under this assignment.
5. Assess whether different arrangements may be appropriate for utility-scale IPPs, distributed energy resources, commercial and industrial self-generation, energy storage, mini-grids, and other categories of renewable electricity generation. The structure options include but not limited to PPPs, SPV and JV financial model concessions, and other private-investment structures, and compare these with conventional IPP arrangements.
6. Consider the likely implications of the principal reform options for private sector participation, EFL’s financial and operational sustainability, consumer affordability, whole-of-system costs, grid integration, system reliability, and security of supply.
7. Recommend the most appropriate and proportionate reform approach, or combination of approaches, for Fiji, supported by clear evidence and reasoning. Competitive procurement, including auctions, shall be assessed as one possible approach and shall not be presumed to be appropriate for every technology, project type, or project scale.
8. The assessment of renewable energy procurement options shall be undertaken at a strategic, legal, regulatory and institutional level. It shall identify and compare procurement approaches appropriate to Fiji and recommend the preferred framework and associated legal and institutional arrangements. The assignment shall not require detailed electricity system modelling, detailed financial or tariff modelling, detailed auction design, preparation of bidding documents, preparation of a model Power Purchase Agreement, or development of complete procurement regulations.

Task 4: Targeted Legislative Amendments and Implementation Roadmap

Based on the preferred reform approach, the consultant shall:

1. Prepare targeted amendments to the Electricity Act 2017, in the form of a draft Electricity (Amendment) Bill or equivalent legislative drafting document, clearly identifying the specific provisions to be inserted, amended or repealed, together with concise explanatory notes setting out the rationale and legal effect of each amendment. The amendments shall be limited to priority barriers identified through the assignment and shall not constitute a comprehensive redraft or replacement of the Act.
2. Ensure that the proposed amendments provide clear and proportionate arrangements for relevant categories and scales of private renewable electricity generation.
3. Address, where required, barriers relating to licensing, exemptions, self-generation, grid access and interconnection, electricity procurement, PPAs, purchase-price arrangements from private generators, dispute resolution, compliance, and enforcement.
4. Clarify any institutional powers, functions and responsibilities necessary to implement the proposed amendments relating to private sector participation in renewable electricity generation.
5. Include any enabling powers necessary for subsequent regulations, licence conditions, procurement rules, technical codes, standard agreements or regulatory guidelines required to implement the proposed amendments.
6. Ensure that the proposed amendments retain sufficient flexibility to accommodate future developments in renewable energy technologies, energy storage, project structures, and business models.
7. Ensure that the proposed amendments safeguard electricity affordability, consumer interests, system reliability, security of supply, and the financial and operational sustainability of Fiji’s electricity system.
8. Identify consequential changes required to the Electricity Regulations 2019, electricity licences, regulatory instruments, technical codes, standard agreements, guidelines, or other associated instruments.
9. Present the proposed amendments and recommendations to DOE and selected stakeholders through a validation session and incorporate comments where appropriate.
10. Prepare a matrix recording significant comments received and explaining how they were addressed.
11. Finalise the targeted amendments and explanatory notes following the validation process.
12. Prepare a concise implementation roadmap identifying the required actions, sequencing, responsible institutions, indicative timeframes, approval requirements, transitional arrangements, consequential changes to associated instruments, and priority follow-on activities.

5.0 Environmental and Social Considerations

Although this assignment does not involve construction or civil works, the consultant shall consider whether the Electricity Act provides an adequate legal basis for managing environmental and social issues that may arise from future electricity sector investments, including land access, community impacts, vulnerable consumers, climate resilience, and environmental protection.

6.0 Deliverables

7. 0 Required Qualifications and Expertise

The assignment shall be undertaken by a suitably qualified firm or team with complementary legal, regulatory, and renewable energy expertise. The proposed team structure shall be proportionate to the scope of the assignment and shall clearly identify the role, responsibilities, and level of effort of each team member.

Collectively, the consultancy team shall have:

1. An advanced degree in law, economics, engineering, energy policy, public policy, or another relevant discipline.
2. At least 10 years of relevant professional experience in electricity sector legal and regulatory reform, renewable energy development, utility regulation, or private sector participation in electricity generation.
3. Demonstrated experience in reviewing and drafting primary legislation, including amendments to electricity, energy, utilities, infrastructure, or other regulated sector legislation
4. Practical knowledge of the legal, regulatory, commercial, and institutional arrangements governing Independent Power Producers, electricity licensing, Power Purchase Agreements, grid access and interconnection, self-generation, distributed energy resources, energy storage, mini-grids, and renewable energy procurement
5. Experience in assessing whether sector barriers should be addressed through primary legislation, subsidiary regulations, license conditions, regulatory decisions, technical codes, standard agreements, guidelines, or administrative measures.
6. Demonstrated understanding of renewable electricity procurement approaches, including negotiated Power Purchase Agreements, competitive procurement, and other suitable procurement methods.
7. Knowledge of electricity pricing and cost-recovery principles, utility financial and operational sustainability, consumer affordability, system reliability, and security of supply.
8. Experience assessing the implications of legislative and regulatory reforms for private investment, investor certainty, consumers, utilities, regulators, and Government.
9. Experience working in Small Island Developing States, Pacific Island Countries, small electricity systems, or comparable emerging markets.
10. Demonstrated ability to undertake focused stakeholder consultations involving Government, regulators, utilities, private developers, investors, financial institutions, businesses, and consumer representatives.
11. Excellent written and spoken English and demonstrated ability to prepare clear, legally sound, evidence-based, and implementable legislative drafting outputs.