Background

NOTE: Signed Offeror’s Letter to UNDP Confirming Interest and availability - https://www.ba.undp.org/content/dam/bosnia_and_herzegovina/docs/Operations/Jobs/Offerors%20Letter%20to%20UNDP%20Confirming%20Interest%20and%20Availability.docx - Letter to UNDP Confirming Interest and Availability.docx - to be sent to e-mail ba.shared.hr@undp.org with Subject: Job ID 104689.

As part of the UNDP Bosnia and Herzegovina (UNDP BiH), the Enable and Manage more Beneficial Civil Society Environment (EMBRACE) project aims to support social development through capacitating civil society actors to better address the needs in local communities. EMBRACE project is funded by the Norwegian government in the amount of 7.5 mil. NOK and the project will work with over 30 civil society organizations (CSOs) and relevant government stakeholders to improve services for more than 4,800 citizens in BiH. The project supports ministries at state and entity levels in addressing policy gaps when it comes to the regulatory framework for CSO funding.

In line with the above, the purpose of this consultancy is to provide expert and technical support to the Ministry of Justice of Federation of Bosnia and Herzegovina (FBiH) in preparation of a pre-draft of a law on financing of CSOs in FBiH.

The aim of the consultancy is to support in preparation of a pre-draft Law on financing CSOs in FBiH. The EMBRACE project, in close cooperation with the Ministry of Justice of FBiH, supported development of Regulatory Impact Assessment (RIA) that recommended development a new comprehensive regulation in the field of CSO financing in FBiH. This was further justified through consultations with civil society.

Duties and Responsibilities

Under this assignment, the Consultant will provide support the Ministry of Justice of FBiH (MoJ FBiH) in preparation of a pre-draft law on financing of CSOs in FBiH. The consultancy includes the following:

Task 1. Prepare assessment of the key documents and laws in the field CSO funding and define activity plan for development of the pre-draft Law on financing of CSOs in FBiH

1.1 Get familiar with relevant key documents and laws in BiH and the Western Balkans in order to be able to harmonize pre-draft of Law on financing of CSOs in FBiH with the relevant regional legislation and practices in line with EU acquis Communautaire.

1.2 Review and analyze RIA conducted in line with FBiH provisions. In addition, the consultant will follow thesis for development future legal document provided by the institutional partner (Ministry of Justice of FBiH), prepared in line with FBIH Rules and Procedures for Drawing up Laws and Other Regulations.

1.3 Hold an introductory meeting with the EMBRACE project team and representatives of the Ministry of Justice of FBiH.

1.4 Collect inputs from relevant institutions (Tax Administration of Federation BiH, Financial-Intelligence Agency of Federation BiH and Financial Intelligence Department within State Investigation and Protection Agency ) that are of relevance for the anticipated  process. This action will be supported by MoJ FBiH.

1.5 Prepare activity plan for development of the pre-draft of Law on financing of CSOs in FBiH which will outline tasks, timeline, and roles of stakeholders. The activity plan will be approved by UNDP.

The timeframe for this activity will not exceed 6 expert days.

Task 2. Provide expert and technical support to the Ministry of Justice of FBiH in developing pre-draft of Law on financing of CSOs in FBiH.

2.1 Hold periodical meetings with the project team and representatives of the Ministry of Justice of FBiH to fully understand the action and make agreements on the drafting process.

2.2 Prepare first pre-draft of the law on financing of CSOs in FBiH in one of the official languages in Federation BiH respecting inputs gathered and analyzed under Task 1.

2.3 Introduce the recommendations for improvement and/or corrections of pre-draft law in line with the guidance provided by the Ministry of Justice of FBiH and EMBRACE project.

2.4 Prepare second version of a pre-draft law on financing of CSOs in FBiH.

2.5 Participate in open public presentation and consultations with civil society organized by the EMBRACE project and Ministry of Justice of FBiH.

2.6 Collect feedback from the consultations with public and civil society and prepare report summarizing inputs.

2.7 Prepare final version of the pre-draft law on financing of CSOs in FBiH approved by UNDP in communication with the Ministry of Justice of FBiH.

The timeframe for this activity will not exceed 32 expert days.

Task 3. Prepare a final report on activities undertaken

3.1. Submit a final report on, all activities undertaken under consultancy services provided. This report should be prepared, not longer than 5 pages, and approved by UNDP.

The timeframe for this activity will not exceed 2 expert days.

Deliverables/outputs

Competencies

Corporate competencies:

• Demonstrates integrity by modelling 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;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment;

Functional competencies:

Professionalism:

• Demonstrates professional competence and mastery of subject matter; 
• Conscientious and efficient in meeting commitments, observing deadlines and achieving results; 
• Motivated by professional rather than personal concerns;
• Shows persistence when faced with difficult problems or challenges; remains calm in stressful situations.

Planning and Organizing:

• Develops clear goals that are consistent with agreed strategies;
• Identifies priority activities and assignments;
• Adjusts priorities as required; allocates appropriate amount of time and resources for completing work; uses time efficiently;
• Foresees risks and allows for contingencies when planning; monitors and adjusts plans and actions as necessary.

Client Orientation:

• Considers all those to whom services are provided to be “clients” and seeks to see things from clients’ point of view;
• Establishes and maintains productive partnerships with clients by gaining their trust and respect; Identifies clients’ needs and matches them to appropriate solutions;
• Monitors on-going developments inside and outside the clients’ environment to keep informed and anticipate problems;
• Keeps clients informed of progress or setbacks in projects; meets timeline for delivery of products or services to client.

Required Skills and Experience

Academic Qualifications/Education:

• Master degree in Law.
• Degree in Law with Bar Exam and additional two years of experience may be accepted in lieu of an advanced university degree.

Experience:

• At least 5 years of professional experience in area of Law;
• Professional experience in Law drafting and legislation development in BiH or the Western Balkans region;
• General knowledge of the relevant European Union relevant regulatory framework and practices in the area of CSO financing;
• Very good understanding of and familiarity with CSO financing in Western Balkans;
• Proven ability to undertake legislation development activities;
• Proven analytical skills and ability to conceptualize and write concisely and clearly;
• Previous work for UN agencies in the country is considered as unique asset.

Languages Requirements:

• Fluency in BHS languages, with excellent drafting and communication skills.

Longlisting/Shortlisting Criteria

Qualifications as stated in the ToR

Technical Evaluation Criteria

Evaluation

Individual  will be evaluated based on the following methodology:

Cumulative analysis

When using this weighted scoring method, the award of the contract should be made to the candidate 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%

Interested candidated must submit the following documents/information to demonstrate their qualifications:?

• Personal CV/P11, including past experience in similar projects and at least 3 references.

Please scan all above mentioned documents and upload as one attachment only online through this website.

Note:

• For an assignment requiring travel, consultants of 65 years or more require full medical examination and statement of fitness to work to engage in the consultancy.
• Due to large number of potential applicants, only competitively selected candidates will be contacted for remaining steps of the service procurement process.