Consultant: Expert with Czech Experience on Legal Framework on Social Enterprises


Location : Home-based/Pristina, with possible travel to Municipalities of Fushë Kosovë/Kosovo, Polje and Obiliq/Obilic, Kosovo, UNSCR 1244 (1999)
Application Deadline :30-Sep-13 (Midnight New York, USA)
Type of Contract :Individual Contract
Post Level :International Consultant
Languages Required :
English  
Duration of Initial Contract :Estimated October - November 2013
Expected Duration of Assignment :Approximately 25 working days (10 from home and 15 in Kosovo - two missions)

Background

The quality of life of people in Kosovo is undermined by several factors, including lack of access to employment opportunities and sustainable livelihoods, poor service delivery at the local level, and vulnerability to shocks (not only in relation to the household’s income). The compounded result of these elements is that many individuals live in a situation of social exclusion and marginalization, which prevents them from participating as active citizens in the economic and social development of their communities.

Against the same backdrop of much needed institutional reforms of welfare states, provision of safety nets, and ensuring access and participation by citizens, social enterprises have emerged as a tool and policy instrument to deliver objectives in social inclusion, key area of social and economic policy.

Social enterprises can facilitate social inclusion through workforce and labour market integration of marginalized individuals (e.g. long-term unemployed, disabled, minorities, people with disabilities, returnees, former convicts, etc.) by combining market-oriented training and skills development through temporary and/or permanent employment in a business with a social objective that trades on the market.

According to the European Commission, should be considered as social enterprises:
  • Businesses providing social services and/or goods and services to vulnerable persons (access to housing, health care, assistance for elderly or disabled persons, inclusion of vulnerable groups, child care, access to employment and training, dependency management, etc.); and/or
  • businesses with a method of production of goods or services with a social objective (social and professional integration via access to employment for people disadvantaged in particular by insufficient qualifications or social or professional problems leading to exclusion and marginalization) but whose activity may be outside the realm of the provision of social goods or services.
The process of identifying a local definition and relevant entry points for social enterprises in Kosovo is an important first step towards understanding the relevance of this policy instrument to the local context. It is acknowledged that there is no “one size fits all” model and that the distinctive organizational forms that social enterprises adopt depend on the existing legal frameworks, on the political economy of welfare provision and on the cultural and historical traditions of both the non-profit and business sectors in each country.

As a result, it is expected that Kosovo will soon identify the typologies of organizations that bridge economic and social criteria in the given context and that suitable policies will engender the creation of social enterprises. In October 2012, the Ministry of Labour and Social Welfare presented a policy proposal to introduce social enterprises in Kosovo as a response to concerns about the decentralization process and ability to effectively deliver social services at the local level. A mapping conducted by EBRD in May-September 2011, revealed also that some NGOs are already to some extent using the social enterprise model to facilitate labour market integration of people with disabilities.

Despite some initial efforts that have already taken place, there is still lack of clarity in Kosovo on what social enterprises are and how they can become an important instrument of social policy. UNDP Kosovo, through the project called “Parliamentary Development for Social Policy (PDSP)”, has obtained the pledge of the Parliamentary Commission on Economic Development to include the issue of social enterprise on this year’s legislative agenda. With due consideration to the current situation in Kosovo and the on-going investment in approximating the acquis communautaire in several areas. The work of consultant will put significant effort to advance the policy debate on social enterprises (according to the EU definition).

The work of consultant will secondarily positively support both the upcoming project Service Delivery/Work Integration through Social Enterprises (SD/WISE), and UNDP’s component of the ongoing Human Security project in Fushë Kosovë /Kosovo Polje and Obiliq/Obilic municipalities. Through this project the UN Kosovo Team aims to empower and fully mobilize all communities in the municipalities of Fushë Kosovë/Kosovo Polje and Obiliq/Obilic by stimulating livelihood and employment opportunities to those least able to participate in the labour market (with a focus on those most at risk of labour market exclusion among vulnerable groups, such as RAE, youth and women), by promoting work-readiness, learning skills and improved social protection.

The overall objective of the assignment is to promote social enterprises both at policy and grassroots level through the UNDP existing projects and to promote social enterprises in Kosovo as a mechanism to support economic transformation.


Duties and Responsibilities

Consultant will primarily focus and will be responsible for monitoring and preparing initial review (road map) of the current legislations and regulations (at all levels – government, public institutions, municipalities, etc...) that is relevant to the issue of social enterprises. Consultant will put significant effort to create a set of recommendations for Parliamentary Commission, what could lead in upcoming future to establishment of the relevant legislative framework. All recommendations and proposal will be compliant with SME development Strategy for Kosovo 2012-2020.

The contractor will need to collect data and be aware of current legislation and future plans of the relevant Parliamentary Commissions even though there is no national strategy for social enterprises.

Prior to the first field visit, the consultant will receive some background and baseline information from the UNDP Office, but extensive data gathering for his/her conclusions should be factored in.

The consultant will be supported in the organization of key meetings with stakeholders. S/he should provide a detailed list of suggested meetings prior to the field visit. Preliminary briefings with the project teams can also be organised via conference call.

An initial draft will be provided for comments after the first field visit. Comments will be incorporated into an intermediary draft and the SWOT analyze to be presented to stakeholders (Parliament Committee and representatives of government) during the second field visit. Additional comments will be included into the final document which will be presented at the end of the contract at UNDP office.

The Consultant will provide Review of current legislation related to social enterprises, set of recommendations and final SWOT Analyze of future perspectives of social enterprises (about 60 pages without Appendices) covering (at the minimum) the following key areas:
  • Executive summary (2 pages);
  • Existing related legislations, regulations (5 pages);
  • EU best practice incl. Czech Republic Country example on transposition of the legislation (20 pages);
  • Recommendations for Parliament Committee and government (25 pages);
  • raft of new law proposals for SEs according new recommendations (5 pages);
  • SWOT Analyze(4 pages);
  • Appendices.
All written reports and analyses will be provided by hard copy and as well as electronically.

UNDP does not provide office space, equipment (laptop) and secretary services. We expect consultant works home-based and visit UNDP office occasionally. Interpreter will be provided.

The Contractor will be supervised by the Programme Coordinator and the Project manager of the Human Security Project. The Contractor  may cooperate with an  international consultant (assignment for business model for social enterprise in Fushe Kosove/Kosovo Polje and Obiliq/Obilic) who would be available for initial and further consultations, exchanging of Czech and Balkan experience.

Lump Sum Amount is all inclusive and will be divided in 2 payments. The contract price is fixed regardless of changes in the cost components. Contractor will receive two installments. 50 % will be provided after completion of initial draft and last 50 % contractor will receive after the successful completion expected results.

Deliverables and Schedule:
  • Home-based work prior and further to field visits: approximately 10 days (to be distributed according to needs);
  • Stakeholder visit and dates collection: approximately 5days;
  • Initial draft of review and recommendations: approximately 3 days;
  • Intermediary draft and incorporation of final comments: approximately 2 days;
  • Finalizations review and incorporation of additional comments, SWOT analyze: approximately 3;
  • Presentation of all results at UNDP: approximately 1 day ;
  • Presentation of all recommendations, initial draft and the SWOT analysis to Parliament Committee and representatives of government: approximately 1 day;
  • Presentation of the findings in the Workshop organized to debate with key stakeholders on Social Enterprises in Kosovo – the concept and next steps.


Competencies

Corporate Competencies
  • Promotes the vision, mission and strategic goals of UNDP;
  • Demonstrates integrity by modelling the UN’s values and ethical standards;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Managing time and resources;
  • Following process and procedures.
Functional Competencies
  • Ability to analyze data;
  • Analytical and strategic thinking, results-based management and reporting;
  • Creativity and innovation;
  • Excellent interpersonal skills and ability to communicate effectively, both orally and in writing;
  • Ability to establish effective working relations in a multicultural team environment;
  • Conflict resolution skills;
  • Consistently approaches work with energy and a positive, as well as constructive, attitude;
  • Responds positively to critical feedback.


Required Skills and Experience

Academic Qualifications/Education:
  • Master’s Degree at Law, Business, Economics/International Development.
Experience:
  • At least 5 years of experience with government/parliament related to policy advising for SEs;
  • At least 3 years of technical expertise with law proposal formulation/law analysis (related to SEs is an advantage);
  • Czech experience is needed in implementing EU norms and recommendation on social enterprises.
Language skills:
  • Proficient in English language - spoken and written is required;
  • Albanian/Serbian language is significant advantage.
Evaluation of Applicants:

Individual consultants will be evaluated based on a cumulative analysis taking into consideration the combination of the applicants’ qualifications and financial proposal.

The award of the contract should 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.
Only the highest ranked candidates who would be found qualified for the job will be considered for the Financial Evaluation.

Technical Criteria – max. 50 points (70 % of the total score)
  • Criteria A: Prior experience with government/parliament related to policy advising for SEs – max points: 12;
  • Criteria B: Prior experience and proven knowledge of legal frameworks of SEs in the EU states applicable to Kosovo (Balkan region) – max points: 12;
  • Criteria C: Technical expertise with law proposal formulation (related to SEs is an advantage) – max points: 12;
  • Criteria D: Technical expertise with law analysis related to SEs – max points: 10;
  • Criteria E: Language skills (English knowledge of Albanian/Serbian is an advantage) – max. points: 4.
Financial Criteria – max. 30 % of the total score – max points: 21.4.

Application procedures:

Qualified candidates are requested to apply online via this website. The application should contain:
  • Cover letter explaining why you are the most suitable candidate for the advertised position and a brief methodology on how you will approach and conduct the work. Please paste the letter into the "Resume and Motivation" section of the electronic application;
  • Filled P11 form including past experience in similar projects and contact details of referees (blank form can be downloaded from http://europeandcis.undp.org/files/hrforms/P11_modified_for_SCs_and_ICs.doc ); please upload the P11 instead of your CV;
  • Financial Proposal* - specifying a total lump sum amount for the tasks specified in this announcement. The financial proposal shall include a breakdown of this lump sum amount (number of anticipated working days, travel, per diems and any other possible costs;
  • Incomplete applications will not be considered. Please make sure you have provided all requested materials.
*Please note that the financial proposal is all-inclusive and shall take into account various expenses incurred by the consultant/contractor during the contract period (e.g. fee, health insurance, vaccination and any other relevant expenses related to the performance of services...). All envisaged travel costs must be included in the financial proposal.

Payments will be made only upon confirmation of UNDP on delivering on the contract obligations in a satisfactory manner.

Individual Consultants are responsible for ensuring they have vaccinations/inoculations when travelling to certain countries, as designated by the UN Medical Director. Consultants are also required to comply with the UN security directives set forth under dss.un.org
General Terms and conditions as well as other related documents can be found under: http://europeandcis.undp.org/home/jobs

Qualified women and members of minorities are encouraged to apply.

Due to large number of applications we receive, we are able to inform only the successful candidates about the outcome or status of the selection process.


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.


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