INTERNATIONAL CONSULTANT FOR ELECTORAL DIPSUTE RESOLUTION ADVISOR (LTA) - PISU/PN/033/2012

Location : Kathmandu, NEPAL
Application Deadline :10-Aug-12
Additional CategoryDemocratic Governance
Type of Contract :Individual Contract
Post Level :International Consultant
Languages Required :
English  
Starting Date :
(date when the selected candidate is expected to start)
20-Aug-2012
Duration of Initial Contract :90 workding days during the period from 20 August 2012 - 31 July 2014
Expected Duration of Assignment :90 workding days during the period from 20 August 2012 - 31 July 2014

Background

In April 2008, Nepal conducted the election for a Constituent Assembly (CA) which as a first step, proclaimed the country a Federal Republic. The CA was mandated to draft a new constitution and establish the framework for the first post-conflict general election. While the CA did not complete its mandate of drafting the new constitution within the May 2012 deadline, discussions are ongoing among the political actors on next steps in Nepal’s peace process and future elections.  

The United Nations Development Programme (UNDP) and the international donor community remain committed to assisting the Election Commission of Nepal (ECN) to continue to deliver its mandated functions. Recognising that the election of the 2008 CA was only the first crucial step of the peace process in Nepal, UNDP initiated an Electoral Support Project (ESP) in 2008 aimed at institutional strengthening and professional development of the ECN.  The Phase II of the project commenced in 2012 extending more comprehensive operational support for the next series of elections. The ESP support aims at building sustainable and enduring institutional and professional capacity of the ECN, of its Secretariat and its district offices that could be easily and effectively deployed in future elections. The ESP (2008-2016) consists of two phases: Phase I (2008-2011) focused exclusively on long-term electoral capacity building during the first three years following the CA election and was drawing to a completion at the time of the Project’s second revision.  Phase II (2012-2016) focuses on operational support for future electoral cycles.

A key area of ESP Phase II is technical assistance on preparations for elections including legal framework and election dispute resolution (EDR) mechanism of the ECN. In the democratic system, the issue is why such disputes appear and equally important is how these issues are handled through a transparent, equitable, and fair dispute resolution system. And such system can ensure for credible elections that establish trust of people and election stakeholders. To assist the project in carryout this support, the project is seeking to recruit an international advisor to provide technical assistance to ECN counterparts on EDR mechanism. The project expects to recruit the advisor on a long-term agreement covering a period of 2 years with specific assignment dates defined based on the election timeline.

Based on the previous reports in EDR by international consultants (December 2009 and November 2010), the Advisor will guide the ECN to review and finalize the EDR rules, regulations and procedures as well as involve in advocacy of the EDR process, mainly with the electoral stakeholders.

Duties and Responsibilities

Objectives:

Under direct supervision of the UNDP ESP Project Manager and in close coordination with the ECN Joint Secretary of Legal Division, the international advisor will:
• Advise and assist the ECN to finalize the EDR chapter of Election Laws.
• Advise ECN in drafting and finalizing EDR regulations including the detail EDR process.
• Review and assist to finalize the ECN complaint procedure (develop a standardized complaint form, EDR election complaint handbook).
• Advise the ECN in establishment of complaint unit at HQ and throughout the country
• Provide training for ECN officials in complaint management system and other stakeholders on EDR rules, regulation and procedures.
• Provide training on international perspectives and best practices on EDR to ECN and other relevant stakeholders.
• Advocate on EDR to the main stakeholders.
• Assist the ECN in public outreach activity on EDR.

Description of the assignment:

To provide guidance to the ECN to review and finalize the EDR rules, regulations and procedures as well as involvement in advocacy of the EDR process, mainly with the electoral stakeholders.

Period of assignment/services:

The duration of the Long Term Assignment (LTA) will be from 20 August 2012 to 31 July 2014 covering a total of 90 days of working period. Upon signing of an LTA, a separate Individual consultancy contract will be signed for each assignment during the LTA period on “as and when requested” basis. The actual schedule and duration of support will be defined based on the election timeline and in consultation with the incumbent. If the elections to the Constituent Assembly are held in 22 November 2012, service of the consultant will be extensively required prior to the elections.

Scope of Work/Deliverables:

The international advisor will produce but not necessarily be limited to the following outputs:
• EDR chapter of new electoral laws, regulations, and procedures are reviewed, assessed and finalised.
• The ECN and other stakeholders gain international perspective and knowledge on best practices on EDR.
• Provide inputs as EDR resource person in organising the EDR workshop/training.
• Prepare a final report at the end of each assignment period that should compile achieved results, evaluation, recommendations for further actions, as well as practical reference points.

Quality Assurance:

• Chief Technical Advisor\International Project Manager will be primarily responsible for monitoring consultant’s progress on a regular basis as he/she will work under the direct supervision of the International Project Manager;
• Payments will be made only after receiving a report towards the end of the individual contract period;
• Overall performance of the consultant will be evaluated towards the end of the contract, following UNDP’s standard evaluation form: “UNDP PERFORMACE EVALUATION FORM FOR INDIVIDUALS HIRED UNDER IC.’

Competencies

Corporate Competencies:

• Demonstrates integrity by modeling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of the project;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly and equally.

Functional Competencies:

• Knowledge and expertise in democratic governance, electoral assistance and democratization;
• Demonstrates strong intellectual and operational capacity in providing and coordinating advisory services to stakeholders in electoral processes, specifically to EMBs and civil society organizations;
• Strong communication and interpersonal skills, ability to foster networks and partnerships, and good working knowledge of information and computer technology.
• Demonstrated ability to multitask under pressure and to meet strict deadlines often under hardship conditions;
• Excellent organizational skills and ability to work effectively in teams, delivering through and with others;

Required Skills and Experience

Education:

Advanced University degree preferably in the field of  law, public relations, politics or related field

Experience:

• At least 7 years of progressively responsible experience in the field of electoral dispute resolution process, or electoral legal reform, electoral law drafting
• Prior election experience in post conflict countries will be an asset

Language Requirements:

• Fluency in English with professional writing skills is required.

Document to be included when submitting the proposal:

Application and required documents:

a. Proposal:

To be included as part of the proposal:

- Mandatory (max. 300 words): A cover letter with a brief presentation of your consultancy explaining your suitability for the work;
- Mandatory (max. 1000 words): A brief methodology on how you will approach and conduct the work.

b. Financial Proposal:

Financial proposal indicting a daily fee (UN DSA and most economic and direct Air Ticket cost will be reimbursed as per actual)

c. UNDP Personal History form: downloadable from http://www.undp.org.np/vacancy including past experience in similar projects and at least 3 references.

Note:

a. Applicants of 62 years or more require full medical examination and statement of fitness to work to engage in the consultancy
b. The candidate has to be an independent consultant (If the candidate is engaged with any organization, the organization employing the candidate will be issued with a Reimbursable Loan Agreement (RLA) to release the employee for the consultancy with UNDP).
c. Due to sheer number of applicants, the procurement unit will contact only competitively selected consultant.

Evaluation:

Cumulative analysis

When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

a) responsive/compliant/acceptable, and
b) Having received the highest score out of a pre-determined 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 in the technical evaluation would be considered for the Financial Evaluation.

Criteria Weight Technical:

Criterion A: At least 7 years of experience in the field of electoral dispute resolution process, electoral legal reform and electoral law drafting (20%)
Criterion B: Prior experience in the field of elections in post conflict countries, particularly of working with election management bodies (15%)
Criterion C: Experience on advocacy of the EDR process, mainly with the electoral stakeholders (15%)
Criterion D: Knowledge/Experience in consultancy work (05%)
Criterion E: Experience in conducting training in complaint management system, EDR rules, regulation and procedures (15%)

Financial: Lowest financial proposal: 30%

Contract will be awarded to the technically qualified consultant who obtains the highest combined score (financial and technical). The points for the Financial proposal will be allocated as per the following formula:

((Lowest Bid Offered:)/(Bid of the Consultant)) x 30

*"Lowest Bid Offered" refers to the lowest price offered by offerors scoring at least 70% points in technical evaluation.

 

 

 


 


UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.