TERMS OF REFERENCE AND SCOPE OF SERVICES SAMOA AVIATION INVESTMENT PROJECT (SAIP) INDIVIDUAL CONSULTING SERVICES

SAIP AVIATION ADVISER (S-B06.2)

1. BACKGROUND 1.1

The Government of Samoa is currently implementing the Samoa Aviation Investment Program (SAIP), supported by the World Bank. The SAIP project is part of the Pacific Aviation Investment Program (PAIP), PAIP is a regional aviation program with the development objective to provide safe and secure air transport operations and environmentally sustainable and efficient airports. PAIP is currently implementing key aviation investments in five (5) Pacific Island countries: Kiribati, Samoa, Tonga, Tuvalu and Vanuatu, with other countries anticipated to join in future phases, especially understanding the reform agenda of PASO in regulatory matters affecting Samoa. The World Bank is also funding and spearheading the PASO Reform Project which is aimed at finding avenues to financially sustain the future operations of PASO, provide governance and management guidelines to enhance the financial administration of the Safety Office. This will in turn provide viable technical assistance to the Samoa, Tonga, Tuvalu and Vanuatu.

1.2

The projects implementing Entity is Samoa Airport Authority, who will lead the Program via the Technical and Fiduciary Services Unit (TFSU).

1.3 PAIP is being implemented in recognition of the key place of transport in the economic and social development of each participating country and the need to strengthen the efficiency and viability of this sector. Reviews of the transport sectors in each country point to the need to mainstream disaster risk reduction and climate change adaptation into infrastructure planning and management. Addressing climate change by providing carbon-neutral airport facilities are part of this investment program, as are investments in alternative and sustainable energy efficient technologies. This will help ensure that the airports are operated in an environmentally sustainable manner. 1.4

Each participating country has specific investments reflecting country-specific needs in relation to the PAIP framework and objectives. Program investments fall under four main components as follows. The activities specific to SAIP are identified by component, below:Component A: Aviation Infrastructure Improvements: This component will invest in the aviation infrastructure at Faleolo (APW) so that they are able to maintain the ICAO safety and security standards, while preserving and extending the service life of existing airport assets, including: (i) navigational aids; (ii) weather monitoring equipment; (iii) security improvements; (iv) upgrading of runway lighting; (v) resurfacing of runways, taxiways and markings; (vi) improvement of fire safety equipment; (vii) enhancing telecommunications equipment including installation of VSAT;; and (viii) design and supervision services. Component B: Aviation Sector Reform: Samoa has already embarked on major aviation sector reform which will continue and be supported under the project. This support will likely include (i) Aviation Sector Strategy (i) Support to CAD and line ministries including a civil aviation advisor to CAD and other S-B06.2 Aviation Adviser for SAIP - TOR September 2016

measures to support the project’s implementation; (ii) a training program, including secondment of staff for industry experience; and, (iii) ongoing safety and security oversight by PASO (financed by the GoA through PRIF). Component C: Strengthening Airport Operations and Management Capacity: This component will finance: (i) an Asset Management System (ASM); and (ii) SAA Strategy and Business Plan, and Samoa National Aviation Strategy). Component D: Program Support and Training: This component will finance the provision of technical, advisory and administrative support to Samoa Airports Authority, other Line Ministries and the TFSU and provision of office space and equipment, services of financial auditors and annual subscriptions for the operation of the Pacific Aviation Safety Network during Project implementation. 1.5

Day to day implementation of SAIP is led by the ‘Technical and Fiduciary Services Unit (TFSU)’, and supported by an in-country project support team established within the Samoa Airport Authority. The SAIP Project Support Team (PST) will drive in-country project implementation and work closely with the TFSU.

1.6

A National Steering Committee (NSC) has been established in Samoa to oversee the project direction and coordination, with one nominated representative part of the Program Steering Committee that oversees the regional Program (PAIP) implementation.

1.7

Figure 1 shows the implementation arrangements.

Figure 1: TFSU and PST Staffing

S-B06.2 Aviation Adviser for SAIP - TOR September 2016

S-B06.2 Aviation Adviser for SAIP - TOR September 2016

2. ASSIGNMENT BACKGROUND The Government of Samoa is a party of the MALIAT signatories are: Brunei Darussalam, Chile, Cook Islands, Mongolia, New Zealand, Samoa, Singapore, Tonga and the USA & PIASA has been ratified by six Pacific Island States namely Cook Islands, Nauru, Niue, Samoa, Tonga and Vanuatu and has also entered into Bilateral Air Services Agreements with New Zealand, Australia and Fiji. It is about to finalize a Bilateral Air Services Agreement with the Government of the People’s Republic of China. Several States have approached the Government of Samoa for Bilateral Talks with the main objective of finalizing Air Services Agreements and these include UAE, Turkey and Singapore. The GOS through the Ministry of Works, Transport and Infrastructure as the responsible authority for Civil Aviation matters would like to engage suitably qualified Aviation Specialist or Consultant with specific skills in regulatory oversight, including ICAO adherence, air transport operations and economics, and extensive knowledge and experience of Air Services Agreement negotiations to provide not only a review of the current Air Services Agreement but also guidance on how to develop opportunities further. The Assignment Expectations are: • Provide support, guidance and direction to the CAD on aviation regulatory matters relating to the delivery of safe and secure operations within the aviation industry. Experience in NZ CA Rule environment is a distinct advantage with mastery knowledge of Personnel Licensing, Meteorology, Flight Operations (airline and general aviation), Airworthiness, Aerodrome Standards, Air Traffic Services (ATC), Aeronautical Telecom, Aviation Security, Airline Security, Air Cargo Security and Safety Management System; • Support MWTI CAD in to improve compliance ICAO USOAP and USAP CMA requirements; • Review and determine the effectiveness of current Agreements (ASAs) with the objective of providing advice on how these can be restored or improved.; • Compile and formalize guidance material and the relevant protocols that would enable the GoS (GoS normal ASA negotiation Team includes, MWTI, Foreign Affairs and AG) to conduct successful negotiations for future bilateral talks; • Analyze the air traffic market growth areas and advise GOS which States the GOS should consider entering into Bilateral Talks, identify the completion in the Agreements market and quantify the financial and commercial benefits (The need for an ASA is normally driven by a national airline after its feasibility study into a potential market. • Assess risk, potential conflicts and negative effects it might have on the current Designated Carriers for Samoa under the current ASAs if GOS enters into other Bilateral ASAs; 3. OBJECTIVE The main objectives of this consultancy are to:i. Provision of specialist regulatory and technical support to MWTI CAD in all (Only in areas identified in 1st bullet point) aspects of civil aviation regulation, and ICAO and NZCAA compliance; S-B06.2 Aviation Adviser for SAIP - TOR September 2016

ii. Provision of advice and support to MWTI CAD to facilitate improved, effective and efficient safety and security oversight including enhanced relationship with PASO in accordance with Samoa’s SLA and obligations under the PICASST, and other accredited technical bodies: iii. Provide support to MWTI CAD in the development and enhancement of the aviation sector in Samoa in accordance with national and international aviation standards. Particular focus shall be in improving Samoa’s compliance level with applicable ICAO standards. iv. Collaborate with MWTI CAD in developing and finalizing high level policies and corporate plan strategies) for aviation sector development, consistent with aviation safety and security, aligned to Samoa’s national development plans, and in consideration of the economic regulation and policies ) developed by Government of Samoa v. Work with the MWTI CAD to compile and finalize the Samoa Safety State program including guidance in the implementation of the Samoa SSP vi. Work with the MWTI CAD for the drafting and finalization of the Samoa Performance Based Navigation (PBN) Plan. vii.Develop formal processes and guidance material for Samoa to negotiate Bilateral Air Services Agreements and Bilateral Talks, including the relevant metrics to measure the success of Agreements; viii. Review, validate and update the current ASAs and advise on any deficiencies and remedial steps to correcting them. 4. SCOPE OF SERVICES The detailed scope of services includes but is not limited to: 1. Provide technical assistance through liaising and working with the ongoing technical regulatory advice to the responsible MWTI CAD; 2. Liaise and work with the MWTI CAD to administer Samoa’s international aviation safety and security obligations and agreements and advise MWTI CAD in regard to ICAO USOAP Corrective Action Plans: Liaise and work with the MWTI CAD on the rectification program for deficiencies identified in ICAO audits and by PASO, and with the objective of lifting Samoa’s compliance level with ICAO CMA and USAP to meet the global average; 3. Liaise and work with the MWTI CAD to compile and finalize the Samoa State Safety Program including providing guidance in the implementation process of the Samoa SSP to promote the improvement and development of safety and liaise and work with the MWTI CAD to promote “safety” in the civil aviation system by providing industry safety performance advice and fostering safety information education programs; 4. Develop formal processes and guidance material for Samoa to review and negotiate if required “Bilateral Air Services Agreements” and Bilateral Talks, identify

S-B06.2 Aviation Adviser for SAIP - TOR September 2016

5. Liaise and work with the MWTI CAD to ensure the availability of appropriate facilities and services within the civil aviation system for safe and orderly air navigation; 6. Liaise and work with the MWTI CAD to ensure the establishment of the Aeronautical Information Service so as to meet international obligations (Annex 15) and ensure the collection, publication and provision of charts and aeronautical information, and to enter into arrangements with any other agency or person to collect, publish and distribute such charts and information;, Liaise with MWTI CAD to review the arrangements of AIS presently in place and also ensure a policy is in place that stipulates the SAAs obligations as what information should be included in the AIP 7. Review the process and procedures to maintain and preserve records and documents relating to activities within the civil aviation system, and in particular to maintain the Register of Aircraft, Civil Aviation Records and a record of every order, directive, certificate, license, approval, authorization, delegation, and dispensation, along with every accident and incident including for all these an address for service of every ‘Aviation document’ holder and impose fair and reasonable charges for the provision of safety regulatory services to ensure that it does not inhibit the development and growth of the aviation industry; 8. Liaise and work with the MWTI CAD and SAA in building relationships with operators, regional associations and international organizations with a particular focus on strengthening the efficiency and standing of the aviation sector; 9. Liaise and work with the MWTI CAD to investigate and review accidents and incidents in its capacity as the responsible safety regulator (subject to the limitations required permitting an independent agency to adequately investigate accidents when appropriate) and produce safety recommendations; Liaise and work with MWTI CAD as to methods that Samoa can meet its obligations under Annex 13. The CA 1998 is being repealed and replaced and it has now been recommended that Samoa enter into an MOU for the purposes of Accidents Investigations 5. EXPERTISE REQUIREMENTS The Consultant shall have the following experience and qualifications: •

A minimum 10 years of experience in the aviation sector, preferably in both aviation regulatory and operational roles, with international experience desirable, including: • Demonstrated experience in the development of high-level policy documents and sector strategies in the aviation sector • Experience with Pacific Island regulatory frameworks, or similar, would be an advantage; • Demonstrable experience or familiarity with the New Zealand Aviation rule base and the New Zealand Civil Aviation Act.

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A relevant tertiary or operational qualification from a recognized institution;

S-B06.2 Aviation Adviser for SAIP - TOR September 2016

•

Regional knowledge and experience with small Civil Aviation Authorities would be highly desirable; Demonstrated pro-active working style and ability to work well with people from multiple cultures and backgrounds.

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Proven experience in working pro-actively, as part of a team and also in managing own inputs with minimal supervision at time and incorporating and managing inputs from diverse stakeholders.

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Excellent verbal, written and presentation communication skills in English with demonstrable high level reporting skills;

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Leadership and advocacy skills and an ability to build effective teams and relationships.

S-B06.2 Aviation Adviser for SAIP - TOR September 2016

6. DELIVERABLES The Consultant shall report directly to the General Manager, SAA. The consultant will be required to work closely with SAA, Secretary for Transport, DCA and Civil Aviation division and other relevant stakeholders. Contractual oversight and support will be provided the SAIP Project support Team (PST) and the PAIP Technical and Fiduciary Services Unit (TFSU). The Consultant will be expected to provide the following formal reports during the course of this assignment: No 1

2

3

4

Deliverable Inception Report. This should detail initial review of the TOR and the current ASAs. Provide a work schedule and a detailed work schedule and a proposed outline of these: • Development of Memorandum of Understanding for Accident Investigations • USOAP & USAP CAP • Finalization of Samoa SSP The inception report should be submitted in soft (1x) and hard copy (3x). First Detail Draft Report on Development of Memorandum of Understanding: • key activities undertaken in the reporting month; • major issues / achievements; • recommendations for future action; • work plan and key activities for the next month; • Any other issue as may be required by the Client. The draft report should be submitted in soft (1x) and hard copy (3x). Second Detail Draft Report on USOAP & USAP CAP Progress and Outcomes. The draft report should be submitted in soft (1x) and hard copy (3x). Third Detail Draft Report on Finalization of Samoa State Safety Plan. The draft report should be submitted in soft (1x) and hard copy

Due 3 months contract

from

signing

of

Payment (%) 20%

End of 5 months

20%

End of 7 months

20%

End of 9 months

20%

S-B06.2 Aviation Adviser for SAIP - TOR September 2016

(3x). Combined Final Report. The final report should be submitted in soft (1x) and hard copy (3x).

5

End of 12 months

20%

In addition, the Consultant will be expected to produce working papers or other documentation during the course of the assignment as necessary to support the Client and to achieve the objectives of the assignment. 7. INSTITUTIONAL ARRANGEMENTS, LEVEL OF EFFORT & SCHEDULE The total level of input is expected to require 4 person’s months input over 12 months period, commencing as soon as possible o/a October/ November 2016. A lump sum contract will be signed, on the basis of an agreed daily rate for the services. It is expected that four (4) trips each of 1-week duration will be required every 3 months as part of this assignment; where this occurs it shall be by prior agreement of the Client. 8.

SERVICES AND FACILITIES TO BE PROVIDED BY THE CLIENT

Furnished office, international and national phone line, and internet access. The Consultant will be expected to provide their own laptop.

S-B06.2 Aviation Adviser for SAIP - TOR September 2016