Background

Position Title: National Consultant on Legal Issues
Type: Individual Contract
Project Title: GEF/UNDP/GIZ/GM CACILM CPP:
Multi-country capacity building Project
Location: Tashkent, Uzbekistan
Duration of the service: 60 working days during  September - November, 2012
Reports To: Under general responsibility to the National Capacity Building Coordinator (NCBC) CACILM project; Reports on achieving TOR objectives to the National Technical Coordinator of LRF project.
 

Together with other Central Asian Countries (Kazakhstan, Kyrgyz Republic, Tajikistan, Turkmenistan) and with the support of the international donor community, Uzbekistan is active in promoting sustainable land management (SLM) and reverse land degradation through the Central Asian Countries Initiative for Land Management (CACILM).  CACILM’s goal is to restore, maintain and enhance the productive functions of land in Central Asia (CA), leading to improved economic and social well-being of those who depend on these resources. The goal is achieved through implementation of measures and interventions reflected in National Programming Framework (NPF) developed in each CA country. This project is one of the multi-country level activities on CACILM implementation which aims capacity building to support the Central Asian Countries’ efforts to halt land degradation by enhancing the capability of each nation to execute their NPFs.

The project plans to achieve its objectives through the accomplishment of four major outcomes: (i) Enhanced policy coherence through mainstreaming of sustainable land management (SLM) principles into national policies and legislation; (ii) resources effectively mobilized to support SLM initiatives; (iii) improved interaction between state agencies and land users through human resource development; (iv) learning, dissemination and replication of best practices in collaborative SLM developed and strengthened.

This work together with the LRF project is aimed at enhancing the capacity of the National Irrigated Land Reclamation Fund on the legislative and legal issues.  

Duties and Responsibilities

The purpose of this consultancy is to provide support to the National Irrigated Land Reclamation Fund Department in considering updates to current legislation. Under this effort, the consultant will review the current legislative framework, including normative documents and recommend effective legislative options.

Based on the results of these activities the consultant will submit a report on key revisions of the current legal framework and recommendations for their improvement.

To achieve expected outcomes the National consultant will be asked to accomplish the following tasks:

  1. In development of recommendations of the international consultant on legal issues, to prepare legal document describing concrete mechanism of public provisioning of mandatory inventory and passportization of the entire reclamation network, as well as accurate distribution of authorities and responsibilities for proper implementation of reclamation works between all the participants of reclamation process, inclusive of:
  •  Farmers’ responsibility for monitoring and maintaining technical condition of collector and drainage system (CDS) facilities in their fields;
  • Water Users Associations’ (WUA) responsibility for monitoring and maintaining technical condition of CDS between the farmers’ fields;
  • Oblast hydro geological reclamation expeditions’ (OGME) responsibility for monitoring and maintaining technical condition of CDS between WUAs and overall reclamation control;
  • Mutual responsibility between OGMEs, WUAs and farming enterprises for monitoring and maintaining reclamation well-being of irrigated lands.
2. Prepare a detailed report on the draft Law on reclamation of irrigated lands with clear definition of the concept of hydromeliorative systems, systematizing of rights and responsibilities of all participants of land reclamation process, and provisions for development of return water management system, strengthened responsibility of basin irrigation system authorities (BISA) for control and facilitation of reclamation activities implemented by OGMEs and Pumping Station Administration (PSA).

3.      To develop interaction mechanism of participants on reclamation process in the conditions when irrigation and drainage systems borders do not coincide, as well as with coverage of the issues of government support and economic incentives for implementation of activities aimed to improve reclamation status of irrigated lands.

 

4.      Develop new principles for the system of contractual relations between all the participants of reclamation process, as well as practical mechanisms for strengthening their mutual responsibility for ensuring reclamative well-being of irrigated lands.

Deliverables and timeframe

The National consultant will be responsible to achieve following outputs:

 

#

Outputs

  Deadlines

1

Assessment Report with describing concrete mechanism of public provisioning of mandatory inventory and passportization stipulating the obligatoriness of inventory and passport-based system

September 15, 2012

2

To develop report on the draft Law on reclamation of irrigated lands with clear definition of the concept of hydromeliorative systems, systematizing of rights and responsibilities of all participants of land reclamation process

October 10, 2012

3.

To develop mechanism of the issues of government support and economic incentives for implementation of activities aimed to improve reclamation status of irrigated lands

October 31, 2012

4.

To develop final report including  new principles for the system of contractual relations between all the participants of reclamation process, as well as practical mechanisms for strengthening their mutual responsibility.

November 20, 2012

All deliverables should be submitted to UNDP by the Consultant in Russian and to be considered as accepted upon written confirmation from EEU and Project Manager based on the report of National Technical Coordinator

VI. Payment Conditions

This is a lump sum contract that should include costs of consultancy and travel costs required to produce above mentioned deliverables. Payment will be released in four instalments: 20% (Deliverable 1); 30% (Deliverable 2); 30% (Deliverable 3); 20% (Deliverable 4) upon satisfactory provision of respective deliverables.

Competencies

  • Understanding of development issues of National public institutional arrangements;
  • Initiative and strong leadership skills;
  • Result-orientation;
  • Ability to use information and communication technology as a tool and resource;
  • Strong analytical and writing skills, good ability in networking and ability to work both independently and in team; Excellent interpersonal and cross-cultural communication skills.

Required Skills and Experience

Education:
  • Advanced university degree with a focus on water and irrigation management, agricultural management and/or land use.
Experience:
  • 5 years practical experience in drafting/developing legal documents related to land use management, water resources management or related fields.
  • In depth understanding of best practices for effective land reclamation programs;
  • Experience in irrigation and/or water resources management;
  • Good communication and presentation skills;
  • Good analytical and writing skills;
  • Excellent MS Office skills and knowledge of PowerPoint presentations.   

Language Proficiencies:

  • Proficiency in both written and oral Russian and Uzbek language. Working knowledge of English languages will be an asset.
DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS
 
Interested individual consultants must submit the following documents/information to demonstrate their qualifications
 
PH-11 form
Applicants are encouraged to fill and sign a P11 Form and submit it on the online application.
The P11 Form can be obtained at http://www.undp.uz/en/download/index.php?type=file&parent=3209&doc=100739

Application process: To submit your application online, please follow the steps below:

* Download and complete the UN Personal History Form (P11).
* Merge your P11, Proposals and other relevant documents into a single file.
* Click on the Job Title.
* Click “Apply Now” button, fill in necessary information on the first page, and click “Submit Application”.
* Upload your application.

 You will receive an automatic response to your email confirming receipt of your application by the system.

Shortlisted candidates only will be requested to provide financial offer.

FINANCIAL PROPOSAL
 
Lump sum contracts
* This is a lump sum contract. The financial proposal shall specify a total lump sum amount.
* The payment will be made in four installments to be issued upon completion and submission of certification of payment for each installment as well as the Performance Evaluation Form (PEF) on the works performed as indicated in the terms of reference for the final payment.

All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP does not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources.
In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.
The individual consultants will be evaluated based on the Cumulative analysis methodology.
 
EVALUATION
 
Criteria
Weight
Max. Point
Technical
70%
70
Background and education
20
20
Years of relevant experience          
25
25
Languages
10
10
Written test
15
15
Financial
30%
30
 
UNDP adheres to a fair and transparent selection process that takes into account both the technical qualification of Individual Consultants as well as their price proposals. The contract will be awarded to the candidate obtaining the highest combined technical and financial scores.
The award of the contract will be made to the individual consultant whose offer has been evaluated and determined as:

a)responsive/compliant/acceptable
b) Having received the highest score out of the set of weighted technical and financial criteria specific to the solicitation.
* Technical Criteria weight – 70%
* Financial Criteria weight – 30%

Only candidates obtaining a minimum of 49 points for the Technical Criteria will be considered for the Financial Evaluation.