UNDP Jobs - 58472- Consultant for Elaboration of EU Approximation Roa

Consultant for Elaboration of EU Approximation Roadmap for the Public Procurement Legislation

Location :

Tbilisi, GEORGIA

Type of Contract :

Individual Contract

Starting Date :

Application Deadline :

07-Aug-15 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

August- September 2015 (up to 25 consultancy days)

Languages Required :

English

Expected Duration of Assignment :

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. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

The Georgian state procurement system has undergone significant reform over the last years. In December, 2010 paper-based tenders were abolished and electronic procurement has become the single means of state procurement. Due to this reform, state procurement has become more transparent and nondiscriminatory, encouraging free and fair competition and minimizing the risk of corruption. It is noteworthy that the Georgian electronic government procurement system (eProcurement) was awarded a United Nations Public Service Award in the category “Preventing and Combatting Corruption in the Public Service” in May, 2012.

Under the framework of the EU-Georgia Association Agreement and the Deep and Comprehensive Free Trade Area (AA/DCFTA), the Georgian public procurement system has met new challenges: the DCFTA chapter on public procurement indicates a number of basic standards that have to be met by the parties as well as the steps towards gradual approximation of Georgia’s public procurement system to the EU’s relevant Directives (Directive 2014/24/EU; Directive 2014/25/EU; Directive 2014/23/EU; remedies directives: Directive 89/665/EEC as amended by Directive 2007/66/EC; Directive 92/13/EEC as amended by Directive 2007/66/EC).

Thus, it is of crucial importance to continue the ongoing reform process. Reforms targeted to coherent implementation of the legislative approximation envisaged in the DCFTA would contribute to effective, reciprocal and gradual opening of EU and Georgian procurement markets. Annex XVI-B to the AA outlines the end dates for the successive steps of this approximation process and the corresponding, reciprocal opening of the parties’ public procurement markets. One early measure is the preparation of a comprehensive roadmap for the approximation process as defined by the DCFTA.

The comprehensive roadmap shall include all reforms in terms of approximation to the Union acquis and institutional capacity building. This roadmap shall comply with the phases and time schedules set out in Annex XVI-B to the DCFTA. The AA implementation agenda foresees the adoption of a comprehensive roadmap for legislative approximation in 2015. Finally, the roadmap should be submitted to the Association Committee in Trade configuration as set out in Article 408(4) of the AA.

With the advice of SIGMA, work has already started on identifying the regulatory and institutional changes needed for complying with the basic standards required by the DCFTA and with the EU acquis; several workshops were held to support the reforms under the framework of this assistance. However, due to the limited budget the project was completed by the end of 2014. The State Procurement Agency (SPA) is now striving to move ahead with this work without delay and finalize the elaboration of a comprehensive roadmap for legislative approximation in due time to meet the obligations envisaged in AA implementation agenda.

Duties and Responsibilities

The overall objective of the consultancy work is to facilitate the gradual approximation of Georgian public procurement legislation with the relevant EU Directives, as envisaged in DCFTA. It will assist the State Procurement Agency (SPA) in the development of a comprehensive roadmap for legislative approximation in line with DCFTA requirements.

In order to achieve the objective, it is crucial to share the knowledge and experience of EU Member States in planning and implementing legislative approximation processes in the field of public procurement.

The assignment envisages the below tasks:

Elaborate a comprehensive time bound roadmap for legislative approximation;
Provide policy advice on the legislative approximation and support the relevant SPA staff in structuring an appropriate approximation strategy;
Provide a context for the advice with examples of different techniques and practices applied in EU MS;
Finalize legislative gap analysis taking into consideration the results of the work under the Georgian Public Procurement Framework of SIGMA assistance project (which will be part of a comprehensive roadmap);
Carry out consultation with relevant SPA staff; conduct workshops to obtain feedback and build consensus and adjust the draft roadmap accordingly.

Deliverables:

A draft comprehensive roadmap for the approximation of public procurement legislation with the EU relevant Directives as required by the AA/DCFTA;
Workshop is undertaken to obtain feedbacks and adjust the draft roadmap accordingly;
Mission report containing information on accomplishments and scope of work as well as respective recommendations.

Evaluation

Individual consultants will be evaluated based on cumulative analysis method:

Offerors will be evaluated against combination of technical and financial criteria. Maximum obtainable score is 100, out of which the total score for technical criteria equals to 70 and for financial criteria – to 30.

Offerors that do not meet Minimum Qualification Criteria will be automatically rejected, while the rest will form up the long list. The offerors who obtain minimum 35 points as a result of the desk review will be invited for the interview.

Offerors who pass 70% threshold, i.e. obtain minimum 14 points, as a result of the interview will be requested the financial proposal.

Financial Proposal

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the ToR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount.

Maximum 30 points will be assigned to the lowest price offer. All other price offers will be scored using the formula (inverse proportion): Financial score X = 30* the lowest price offer/suggested price offer. All envisaged travel costs must be included in the financial proposal as well.

Competencies

Core Competencies:

Demonstrated commitment to UNDP’s mission, vision and values;
Sensitivity and adaptability to cultural, gender, religion, race, nationality and age;
Highest standards of integrity, discretion and loyalty.

Functional Competencies:

Advanced computer skills including Microsoft Office and web-based applications;
Proven ability to deliver quality output working under tight deadlines;
Excellent communication and facilitation skills.
Strong and proven research and analytical skills.

Required Skills and Experience

Education:

Bachelor’s degree in law, social sciences, public administration or other related area.

Experience:

At least 7 year experience inpublic procurement policy development and in area of public procurement policies;
Experience in legal and regulatory analysis and legal drafting in the field of public procurement;
Experience working with Government Organizations and International Agencies;
Relevant experience in Eastern Europe countries or countries in transition;
Working experience onEC/EU MS public procurement framework and relevant EU directives;
Knowledge of Georgian Public Procurement system would be an asset.

Language:

Excellent English language skills (both written and oral).