Background

Ukraine continues to be one of the least energy efficient countries in the world and has one of the highest GHG emissions level per unit of GDP among CIS countries. Ukraine ranks 19th among the world’s largest emitters of GHGs. Overall, Ukraine is one of the countries in Europe with the lowest energy-efficiency. Moreover, the efficient use of energy resources in Ukraine's economic and social sphere is very low. Currently, the power consumption in relation to the gross domestic product in Ukraine is more than twice higher than in the industrialized countries of Western Europe and it keeps on growing. In the pre-crisis period the Ukraine’s energy saving potential amounted to 40 - 45% of energy consumption, but during the crisis it has grown even more. In order to gain the actual power savings, it is imperative to retain high economic efficiency. Cost per ton of equivalent fuel gained by energy conservation is several times less than the costs of its recovery/production or purchase. Therefore, in Ukraine, the energy efficiency and energy conservation becomes a strategic line of economic and social development in the short and in the long run as well. That is exactly the way that has been taken by the industrialized countries, and the most of success in the increasing of the efficiency has been achieved by the ‘power-hungry’ countries such as Japan, Italy, etc.

The major strategic line for the increase of energy efficiency, including EE lighting and employment of energy saving potential, is to create an administrative, legal and economic mechanism promoting energy efficiency and energy savings. Enabling environment for the introduction of energy efficient lighting technologies shall be created based upon the effective policies. A fundamental condition for the increase of energy efficiency is to develop relevant legal and regulatory framework that would make it impossible to operate in the country energy-inefficient lighting technologies noncompliant with applicable international standards.

The overall Project’s objective is to facilitate the market’s transition over to EE lighting technologies, by phasing-out energy inefficient lighting, introducing minimum energy performance standards and compliance programme and effective insuring quality control system for EE lighting products.

Administrative arrangements: Individual consultant will work in close collaboration with the Project Team. The expert will report to the Policy Team Leader. The Consultant will be responsible for all personal administrative expenses incurred while implementing this assignment, including office accommodation, printing, stationary, telephone and electronic communications, as well as provision of the report copies.

Duties and Responsibilities

The Consultant will deal with the following groups of tasks:

1. Legal Analysis:

• Analytical review (Interim Report 1) of the European Directives on energy efficiency, energy labelling and threshold emissions in the context of incandescent lamps phase-out in Ukraine (Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxide, as last amended by Council Directive 85/580/EEC; Council Directive 2008/1/EC of 15 January 2008 concerning integrated pollution prevention and control; Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment); review (Report) should also include  systematization of basic norms which should be implemented in Ukrainian legislation.
• Comparative Analysis of Ukrainian legislation on energy efficiency, energy labelling and threshold emissions vs EU legislation in the same area in the context of possibilities for Energy Efficient Lighting implementation including the phase-out of incandescent lamps in Ukraine (Interim Report 2). 
• Critical review of draft laws on energy efficiency, energy labelling and threshold emissions in the context of possibilities for phasing out the incandescent lamps and Efficient Lighting implementation (Interim Report 2).   
• Based on the results of the comparative analysis of EU and Ukrainian legislation - development of proposals for improvement of Ukrainian legislation (Final Report) allowing the incandescent lamps phase-out from circulation and creation of conditions for Efficient Lighting implementation. Each proposal has to include descriptions of legislative norms and laws in which they have to be incorporated; positive & negative features and risks of its implementation including identification of the main stakeholders, their responsibilities and possible interactions.

2. Compliance program: Presenting recommendations to members of the Ukrainian Parliament

• Preparing PowerPoint presentation of the results of Legal Analysis with recommendations for phase-out of incandescent lamps and other non-energy-efficient technologies in lighting in Ukraine.
• Presenting results of Legal Analysis at the conference/working meeting with the member of the Parliament.
• Review recommendations of Legal Analysis on the basis of discussions during the conference and preparation of the Final report for review of the Policy Team Leader.

Deliverables

The Consultant is expected to produce the following documents during the assignment:

• Report 1 which presents the results of the Legal analysis (not less than 15 pages) covering tasks from group 1 scheduled on 21 June 2016;
• Report 2 which includes a Power Point Presentation with explanation covering tasks from group 2 scheduled on 01 July 2016;
• Final report, taking into account the comments of Policy Team Leader  to Reports 1 and 2 scheduled on 14 July 2016.

All reports shall be in concise and grammatically correct Russian/Ukrainian and presented in electronic form in MS Word format.

The Consultant on ‘Analysis of EU legislation and international experience of its implementing in terms of the provisions on the phasing-out of incandescent lamps and other non-energy-efficient technologies in lighting and the possibility of their implementation in Ukraine’ is expected to work 40 working days within the following tentative timeframe:

Report 1 - 21 June 2016

Report 2 - 01 July 2016

Final report - 14 July 2016

Responsibility for expenses and their reimbursement

Consultant will be responsible for all personal administrative associated with the assignment which includes all printing, stationary, telephone and electronic communications, and report copies included in this assignment.

The remuneration of work performed will be conducted as follows:

• First payment: 70% of the total contract amount upon submission and approval of Report 1;
• Final payment: 30% of the total contract amount upon submission and approval of the Final Report.

Monitoring/reporting requirements

Transforming the Market for Efficient Lighting Policy Team Leader will supervise the work of the Consultant via personal workshop meetings and email/or telephone communication.

The documents should be submitted in electronic or paper form in Russian or Ukrainian.

Competencies

• Demonstrates integrity by modeling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favoritism;
• Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.

Required Skills and Experience

The Consultant shall be an expert in law with excellent knowledge of:

• Energy and Energy Efficient EU legislation, policies and regulations;
• Energy efficient policies in major economies;

And good knowledge:

• Compliance programs in major economies.

And shall have:

• Master/Specialist degree in law and related spheres;
• At least 5 years of professional experience in field of energy and energy efficiency legislation development;
• At least 3 year of experience of work in/with various governmental agencies related to energy efficiency and related spheres including experience in consulting the Committees of Verkhovna Rada of Ukraine;
• Working-level English and excellent Russian and/or Ukrainian writing and communication skills;
• Work experience in other countries than Ukraine in legislative activities including cooperation with international organizations would be a great asset.

Documents to be included when submitting the proposal

Applicants shall submit the following documents:

• Letter of interest/proposal;
• CV/P-11 including information about past experience in similar projects / assignments and contact details for referees;
• Financial proposal.

Financial proposal

Lump sum contract:

The financial proposal shall specify a total lump sum amount. Payments are output based i.e. upon satisfactory delivery of the agreed products and services as specified in the Terms of Reference for individual consultant. 

The Consultant will be responsible for all personal administrative expenses associated with undertaking this assignment including office accommodation, printing, stationary, telephone and electronic communications, and report copies incurred in this assignment.

Expected places of travel: in-country (will be covered by project additionally).

Evaluation criteria

The following criteria will be rated as indicated below:

• Educational background (10 points max): PhD - 10 points, Master/Specialist degree - 7 points.
• At least 5 years of professional experience in legislation development in the field of energy and energy efficiency development (25 points max): more than 15 years – 25 points; 10 to 15 years – 22 points; 5 to 10 years – 19 points;
• Experience of work in/with various governmental agencies related to energy efficiency and related spheres including experience in consulting the Committees of Verkhovna Rada of Ukraine (25 points max): 3 to 5 years - 19 points, from 5 to 7 years - 22 points; more than 7 years – 25 points;
• Russian or Ukrainian and English language skills (5 points max): 5 points – English and Russian/Ukrainian; 4 points - Russian/Ukrainian;
• Work experience in other countries than Ukraine in legislative activities including cooperation with international organizations (5 points max): no experience – 0 points, available experience - 5 points.

Maximum available technical score - 70 points.

Evaluation method

Cumulative analysis

Contract award shall be made to the incumbent whose offer has been evaluated and determined as:
A) responsive/compliant/acceptable, and
B) having received the cumulative 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 70% from the maximum available technical score would be considered for the Financial Evaluation.
The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will equal to 30. All other price proposals will be evaluated and assigned points, as per below formula:
30 points [max points available for financial part] x [lowest of all evaluated offered prices among responsive offers] / [evaluated price].
The proposal obtaining the overall cumulatively highest score after adding the score of the technical proposal and the financial proposal will be considered as the most compliant offer and will be awarded a contract.