Antecedentes

Years of conflict have damaged Afghanistan’s economic, political, physical, social and institutional structures. Reconstruction demands a secure environment in which there is credible leadership and enforced rule of law. Strong, legitimate and effective public administration structures, responsive to the needs of ordinary citizens - including the poor – are a precursor to any sustainable development.

UNDP supports stabilization, state building, governance and other development priorities in Afghanistan. Over the years UNDP support has spanned such milestone efforts as the adoption of the Constitution; Presidential, Parliamentary and Provincial Council elections; institutional development through capacity-building to the legislative, the judicial and executive arms of the state, and key ministries, government agencies and commissions at the national and subnational levels. UNDP support, in partnership with the Government, the United Nations system, the donor community and other development stakeholders, has contributed to institutional development efforts leading to positive impact on the lives of Afghan citizens.

UNDP Afghanistan is committed to the highest standards of transparency and accountability and works in close coordination with the United Nations Mission in Afghanistan (UNAMA) and the UN system as a whole to maximize the impact of its development efforts on the ground. To this end, UNDP supports Afghan electoral institutions so that they can become more effective vehicles for development.

This project, UNDP Transitional Support to Elections (PIP), is a vehicle through which the international community continues its support to Afghanistan’s electoral management bodies.  It is intended to bridge the period between the operational closure of the ELECT II support project on 31 July 2015, and the finalization of a new electoral support project.  A new support project will define the terms and modalities of future electoral support, to be implemented partnership with the Government of Afghanistan and its electoral management bodies, and possibly other stakeholders.

This interim support builds upon progress realized by past projects and the capacity obtained by the electoral institutions over the years. Recognizing that future electoral support will be substantively less than was availed through past projects, this future plan envisages full national ownership and long-term sustainability of the national electoral management bodies, with the Government of Afghanistan and other stakeholders playing a more active role in sustainable support and transparent oversight.  To this end, the current PIP is implemented by a small team of essential advisors in core focus areas and prioritizes two outputs:

• Technical and advisory support to national electoral management bodies in their transition to fully state-funded bodies including the implementation of any electoral reform measures, as recommended by the Special Commission on Electoral Reform and adopted by the Government of Afghanistan;

• Engagement of national and international stakeholders, to garner consensus on a new electoral support project, to be funded by donors through UNDP, and adopted and implemented in partnership with the Government of Afghanistan and its electoral management bodies.

Ultimately, the PIP serves as a precursor to the next electoral support project, which anticipates three complementary outputs:

• Continued institutional capacity development of electoral management bodies;

• Electoral operational support for successive elections; and,

• Support to the implementation of recommendations by the Special Electoral Reform Commission, which are adopted by the Government of Afghanistan.

After a lull in activity due to ambiguity of an electoral calendar and an ongoing electoral reform process, in November 2016, President Ghani appointed new Commissioners to the Independent Electoral Commission and the ECC.  With this clarity of leadership, and under the overall guidance and direct supervision of Chief Technical Adviser (CTA)/PIP, the Election Dispute Adjudication Advisor will be the primary focal point in the provision of technical assistance to the Electoral Complaints Commission (ECC), advising in multiple areas as related to complaints processing management and overall Commission roles and responsibilities.

Deberes y responsabilidades

Scope of Work and Deliverables

The Election Dispute Adjudication Advisor will provide expert advice and support in the planning and operation of the adjudication processes of the ECC.

The areas of support by the Election Dispute Adjudication Advisor are expected to be in the following duties and responsibilities (and not limited to):

• Assist ECC in preparation for the elections in Afghanistan;
• Strengthening the electoral dispute resolution mechanisms;
• Projected ECC operational, management and administrative plans for the elections in Afghanistan and overall from a prism of institutional sustainability based on international best practice;
• Assist ECC in budgetary projections based on its own legal and other parameters in consultation with the Government of Afghanistan, and taking into account long-term financial sustainability of the institution.

Expected Outputs/Deliverables; Timelines and Payment percentage:

Deliverable 1: 7 working days; 12%

• In coordination with the ECC, develop a three (3) months’ work plan according to the needs and priorities of the Commission, as well as assisting the ECC in specific areas in relation to the preparation of elections in Afghanistan;

• Conduct a presentation of the work plan developed in coordination with the ECC to ECC Chairman and UNDP CTA PIP Project. Submit ongoing regular reports to UNDP CTA PIP on the assistance / advice generated from discussions / meetings held with the ECC.

Deliverable 2: 38 working days; 63%

• Conduct an assessment to identify key challenges in all ECC functions and to produce a comprehensive professional report that would be publicly distributed. Provide recommendations on strengthening of electoral dispute resolution mechanisms and management pertinent to Afghanistan, taking specific note of the current uses of technology and opportunities to continue to enhance the use of technology, where feasible, to improve future processes, in addition to recommendations on bolstering public engagement/perception;

• To submit ongoing regular reports to UNDP CTA PIP Project and ECC Chairman on the assistance / advice / recommendations generated from discussions / meetings held with the ECC.

Deliverable 3: 15 working days; 25%; after submission and acceptance of the following by UNDP management:

• Support the ECC in the design and preparation of an administrative / institutional reform / organisational structure of the ECC, which would include assurance of ToRs for each position, Organizational Structure according to law and a realistic budget based on sustainability and legal provisions of the government;

• To submit ongoing regular reports to UNDP CTA PIP Project and ECC Chairman on the advice / recommendations generated from discussions / meetings held with the ECC.

Competencias

Building Partnerships

• Identifies needs and interventions for capacity building of counterparts, clients and potential partners;

• Displays initiative, sets challenging outputs for him/herself and willingly accepts new work assignments.

Promoting Organizational Learning and Knowledge Sharing

• Makes the case for innovative ideas documenting successes and building them into the design of new approaches;

• Participates in the development of mechanisms, including identifying new approaches to promote individual and organizational learning and knowledge sharing using formal and informal methodologies.

Job Knowledge/Technical Expertise

• Understands advanced aspects of primary area of specialization as well as the fundamental concepts of related disciplines;

• Keeps abreast of new developments in area of professional discipline and job knowledge and seeks to develop him/herself professionally;

• Demonstrates comprehensive knowledge of information technology and applies it in work assignments;

• Continually looking for ways to enhance logistical performance in the office.

Promoting Organizational Change and Development

• Performs appropriate work analysis and assists in redesign to establish clear standards for implementation.

Client Orientation

• Anticipates client needs;

• Demonstrates understanding of client’s perspective;

• Solicits feedback on service provision and quality.

Promoting Accountability and Results-Based Management

• Provides inputs to the development of organizational standards for accountability.

Habilidades y experiencia requeridas

Education:         

• Master’s Degree or equivalent in Public Administration, Human Resource Development, Organization Development or Business Administration, law, or in relevant fields.

Experience:

• Seven years of relevant, professional experience in elections;

• Excellent knowledge of international best practice with regard to election dispute adjudication and electoral complaints management;

• Proven practical experience regarding working with an election dispute resolution / adjudication body;

• Previous work experience with the electoral commissions, ministries, government agencies, or civil society in Afghanistan is an asset.

Language Requirements

• Fluency in English required;

• Knowledge of Pashto and/or Dari Languages an asset.

Working arrangements

Institutional Arrangements:

• The Election Dispute Adjudication Advisor to the ECC will be coordinating closely with UNDP CTA PIP Project, and is expected to keep the UNDP PIP Project CTA informed about his/her work. The Advisor will work directly with the ECC Commissioners, via its Chairman, and the ECC Secretariat, via its CEO, on a day to day basis;
• The Election Dispute Adjudication Advisor to the ECC will submit a monthly progress report to the UNDP PIP Project CTA and ECC Chairman;
• The Election Dispute Adjudication Advisor will provide technical advice to the ECC and UNDP PIP Project CTA as related to overall strategic planning as related to elections, electoral support and role/administration of ECC;
• The UNDP PIP will provide the Election Dispute Adjudication Advisor with the office space (noting office space also provided by ECC), IT equipment (mobile phone, sim card & laptop) as well as security equipment (Handheld Radio, PPE) and transportation;
• In-country accommodation will be arranged by the UNDP PIP Project, with payment being made directly by the Election Dispute Adjudication Advisor to the relevant UN accommodation management office;
• All return airfares and travels costs (terminal) including visa on arrival charges will be paid by the International Consultant, and reimbursed by the project with supporting documentation where relevant. Living Allowance (LA) will only be paid for periods of time spent in the duty station: Kabul, Afghanistan.  LA will not be paid for work days outside of the duty station of Afghanistan.

Duration of the Work:

• 3 Months (with maximum 60 working days).

Duty Station:

• Kabul, Afghanistan.

Price Proposal and Schedule of Payments:

The contractor shall submit a price proposal as below:

• Daily Fee – The contractor shall propose a daily fee, which should be inclusive of his professional fee, local communication cost and insurance (inclusive of medical health insurance and evacuation). The number of working days for which the daily fee shall be payable under the contract is maximum 60 working days;

• Living Allowance (LA) - The contractor shall propose a Living allowance at the Kabul applicable rate of USD 162 per night for his/her stay at the duty station. The maximum number of nights for which the Living allowance shall be payable under the contract is maximum 90 nights;

• The contractor is NOT allowed to stay in a place of his choice other than the UNDSS approved places. UNDP will provide MORSS compliant accommodation in the UNOCA compound to the contractor. The payment of UNOCA accommodation shall be made directly by the contractor;

• Travel & Visa – All return airfares and travels costs (terminal) including visa on arrival charges will be paid by the International Consultant, and reimbursed by the project with supporting documentation where relevant;

• The contractor shall be entitled for R&R - 7 calendar days (paid as per UNDP policy) for every six weeks during the course of the assignment. After the last R&R, the contract should mandatorily stay in country for minimum of 30 calendar days as per UNDP rules and regulations;

The professional daily fee, shall be paid upon submission of timesheet and acceptance of deliverables under the contract in accordance with the schedule of payment linked with deliverables;

Evaluation Method and Criteria

Individual consultants will be evaluated based on the following methodology:

Cumulative analysis

The award of the contract shall be made to the individual consultant whose offer has been evaluated and determined as:

• Responsive/compliant/acceptable; and

• 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 (70% of the total technical points) would be considered for the Financial Evaluation.

Technical Criteria 70 points:

Technical Proposal (30 marks)

• Technical Approach & Methodology (20 marks) – Explain the understanding of the objectives of the assignment, approach to the services, methodology for carrying out the activities and obtaining the expected output, and the degree of detail of such output. The Applicant should also explain the methodologies proposed to adopt and highlight the compatibility of those methodologies with the proposed approach;

• Work Plan (10 marks) – The Applicant should propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client), and delivery dates. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan.

Qualification and Experience (40 marks) [evaluation of CV]:

• Interview the shortlisted candidates (20 marks);

• General Qualification (10 marks);

• Experience relevant to the assignment (10 marks).

Documents to be included when submitting the proposals:

Interested individual consultants must submit the following documents/information to demonstrate their qualifications in one single PDF document:

• Duly accomplished Confirmation of Interest and Submission of Financial Proposal Template using the template provided by UNDP (Annex II);

• Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references.

Technical proposal:

• Brief description of why the individual considers him/herself as the most suitable for the assignment;

• A methodology, on how they will approach and complete the assignment and work plan as indicated above.