Background

Purpose

The purpose is to recruit a qualified candidate with specialised expertise in field of state aid and extensive experience in design measures of state aid for a company that is a state aid beneficiary

Objective

The objective is to provide support to the State Aid Control Division and Commission for State Aid Control in implementation of Protocol 5 of the Stabilization and Association Agreement (SAA)  and of other rules for state aid for rescue and restructuring.
 
Background Information

Since the political turning point in the year 2000, the Serbian Ministry of Finance has led a major donor-supported reform drive, encompassing four distinct administrations and eight Finance Ministers over years. Initially, the Ministry’s internal structure, strategic, planning and forecasting capacity, technical know-how, as well as ICT systems were inadequate for the challenge of transforming economy into a transparent and fast-evolving market-based system. However, through three successive UNDP-led interventions and compatible projects of other donors, the Ministry has consistently introduced and promoted effective public administration mechanisms and practices and has succeeded in providing emerging financial stability.

Focusing on the EU integration, the Ministry continues the reforms as defined by priorities and conditions set by the stabilization and association process. Within the context of a global financial crisis, the Ministry must quickly improve its policy coordination capacity, internally and with other stakeholders. Responsible policy-making requires new cohesive mechanisms, harmonizing diverse strategic priorities such as privatization, planning & forecasting, state aid, public finances management, free flow of capital, EU integration and data monitoring.

Duties and Responsibilities

Scope of Work:

  • Specific responsibilities include: Support to the Ministry of Finance, State Aid Control Division and Commission for State Aid Control in preparing the materials for the European Commission referring to the Protocol 5. SAA and to other procedures for a state aid beneficiary;
  • Providing guidance to the Ministry of Finance, State Aid Control Division and Commission for State Aid Control in implementing obligations stemming from the SAA, in particular in  Protocol 5 of the SAA, in terms of guiding both granting authorities and State aid authority on long-term viability of the benefiting firms under normal market conditions at the end of the restructuring period, what is the amount and intensity of such aid and whether it is strictly limited to what is absolutely necessary in order to restore such viability, and aid is, where appropriate, progressively reduced and whether the company can provide compensatory measures balancing the distortion of competition caused by the aid.

Summary of Responsibilities:

  • Technical review: this requires a technical examination of data and estimates provided by the company and granting authority;
  • Assessment: interpretation of data provided, leading to recommendations regarding the compatibility of the state aid granted with State aid rules;
  • Recommendations: based on the technical review and assessment, provide written recommendations to the Ministry of Finance for preparing the materials for the European Commission referring to the Stabilization and Association Agreement.

The consultant is expected to spend a total of 15 working days in Serbia for performing the technical review and assessment, in preparation of the report with recommendations.

Duties, Responsibilities and Key Milestones:

Deliverable:

  • Report with recommendations on implementing obligations stemming for the SAA and other procedures of restructuring a state aid beneficiary, deadline - 10 September 2015;
  • Opening briefing with UNDP RR and Project Manager shall be organized on the deliverables. Deliverables will have to be quality reviewed and approved or accepted by the UNDP Project Manager in consultations with the national partner.

Competencies

Core Values and Guiding Principles:

  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Demonstrates integrity by modelling ethical standards.

Functional Competencies:

  • Consistently ensures timeliness and quality of project work;
  • Demonstrates strong oral and written communication skills;
  • Evidence of ability to express ideas clearly; to work independently and in teams;
  • Ability to summarize and systematize complex information and identify priorities for follow up activities;
  • Shares knowledge and experience;
  • Focuses on results and responds positively to feedback.

Required Skills and Experience

Education:

  • University degree in Law or Economics;
  • Broad understanding and knowledge of law, economic, strategic, business, banking, risk management issues.

Experience:

  • Minimum 8 years of relevant professional experience in the field of state aid control;
  • Minimum 4 years experience of cooperation with the European Commission is necessary;
  • Strong analytical skills and Excel proficiency.

Language:

  • Fluency in written and spoken English and Serbian.

Application Procedure:

Interested individual consultants must submit, no later than 6th August 2015, the following documents/information to demonstrate their qualifications:

Proposal:

  • Cover Letter – Explaining why they are the most suitable for the work;
  • Provide a brief methodology on the approach to the work and how it will be conducted (max. 300 words);
  • Financial proposal. ;The financial proposal shall specify a total lump sum amount in USD currency. The payment is effected upon approval of the deliverable.  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 (including travel to Belgrade, per diems, and number of anticipated working days).
  • Personal CV including past experience in similar projects and at least 3 references.

Required Documents:

 Additional Information:

  • Individual Contract (IC) will be applicable for individual consultants applying in their own capacity.  If the applicant is employed by any legal entity, IC would be issued upon submission of Consent letter from the employer acknowledging the engagement with UNDP.Template of General Conditions on IC could be found on: http://www.undp.org.rs/download/ic/Confirmation.docx;
  • Reimbursable Loan Agreement (RLA) will be applicable for applicants employed by any legal entity. Template of RLA with General Terms and Conditions could be found on: http://www.undp.org.rs/download/RLA%20with%20General%20Terms%20and%20Conditions.doc. In the case of engagement of Civil servants under IC contract modality a no-objection letter should be provided by the Government entity. The ‘no-objection’ letter must also state that the employer formally certifies that their employees are allowed to receive short-term consultancy assignment from another entity without being on “leave-without-pay” status (if applicable), and include any conditions and restrictions on granting such permission, if any. If the previous is not applicable ‘leave-without-pay’ confirmation should be submitted.

Engagement of Government Officials and Employees

Government Officials or Employees are civil servants of UN Member States.  As such, if they will be engaged by UNDP under an IC which they will be signing in their individual capacity (i.e., engagement is not done through RLA signed by their Government employer), the following conditions must be met prior to the award of contract:

  •  “No-objection” letter in respect of the individual is received from the Government employing him/her; and
  •  The individual must provide an official documentation from his/her employer formally certifying his or her status as being on “official leave without pay” for the duration of the IC.

The above requirements are also applicable to Government-owned and controlled enterprises and well as other semi/partially or fully owned Government entities, whether or not the Government ownership is of majority or minority status. 

UNDP recognizes the possibility that there are situations when the Government entity employing the individual that UNDP wishes to engage is one that allows its employees to receive external short-term consultancy assignments (including but not limited to research institutions, state-owned colleges/universities, etc.), whereby a status of “on-leave-without-pay” is not required.  Under such circumstance, the individual entering into an IC with UNDP must still provide a “No-objection” letter from the Government employing him/her.  The “no objection” letter required under above must also state that the employer formally certifies that their employees are allowed to receive short-term consultancy assignment from another entity without being on “leave-without-pay” status, and include any conditions and restrictions on granting such permission, if any.  The said document may be obtained by, and put on record of, UNDP, in lieu of the document listed above.

Applicant Evaluation:

Candidates will be evaluated using a cumulative analysis method taking into consideration the combination of the applicants’ qualifications and financial proposal.

Contract will be awarded to the individual consultant whose offer has been evaluated and determined as:

  • Responsive/compliant/acceptable; and
  • Having received the highest score out of below defined technical and financial criteria.

Only candidates obtaining a minimum of 70% (49 points) in the technical evaluation would be considered for financial evaluation. For more detailed information on the technical criteria please refer to the link ref. 1514 at http://www.undp.org.rs/jobs_new.html

The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal. All other price proposals receive points in inverse proportion.

A suggested formula is as follows:

  • p = 30 (µ/z)

Where:

  • p = points for the financial proposal being evaluated;
  • µ = price of the lowest priced proposal;
  • z = price of the proposal being evaluated.