Background

Bangladesh’s formal justice system remains relatively inaccessible for the vast majority of the public. Vulnerable groups, including women and children, ethnic minorities, the poor, and people with disabilities face particular difficulty in accessing timely and affordable justice. Large case backlogs, estimated at over 2 million cases, are slowly overwhelming the court administration and undermining access to justice. There is increasing acknowledgement that this is critical governance, access to justice and rule of law issue that needs to be addressed. The causes of the state of the justice sector are multiple. Lack of capacity, external interference, corruption, out-dated laws, incentives for delay, and complex procedures all combine to create a system which does not deliver speedy, affordable and trusted outcomes for the public. A lack of coordination and cooperation between justice sector agencies, which are heavily interdependent upon one another, is another major challenge.

The Justice Sector Facility (the Facility), established in July 2012, is implemented by the Law and Justice Division of the Ministry of Law, Justice and Parliamentary Affairs, with the support of UNDP and DFID. The project’s overall objective is to improve justice sector outcomes through strengthened communication, coordination and cooperation between agencies. The expected outputs of the Facility are:

  • Communication, coordination and co-operation between justice agencies enhanced in two district pilots through establishment of solutions for inter-agency case management;
  • Selected agencies have improved strategic planning, monitoring and evaluation, delivery of government legal aid, and prosecution of cases; and
  • Strengthened cross sectoral dialogue and sector wide coordination mechanism established.

Duties and Responsibilities

Purpose of the Evaluation:

The main purpose of the evaluation is to assess the performance of the Justice Sector Facility Project in achieving its output and outcome level intended results and explore potential interventions and how the results would be consolidated for the long time benefit and sustainability. The evaluation shall be based on UNDP evaluation principles, norms and standards.

Specific Objectives:

  • The evaluation team will assess the level of intended outputs and outcomes of the project which have been achieved and any shortcoming with justification.
  • Based on evidence, the evaluation team will prepare a rationale and recommendations on how to proceed in future to support improved cooperation, coordination and communication across the justice sector in Bangladesh.

Scope of work, methodologies and deliverables:

The project is scheduled to end on 30 June 2015 and an evaluation is required to provide an independent analysis of the project’s achievements and any lessons learned. Furthermore, recommendations will be needed to help to provide options for how UNDP and other development partners might continue to support improved communication, coordination and cooperation across the justice sector.

Scope of work:

The evaluation team has primary responsibility for the preparation of an objective and high-quality evaluation report. The team will meet with key national and international stakeholders, including: the Ministry of Law, Justice and Parliamentary Affairs (both branches), Supreme Court, National Legal Aid Association, Bangladesh Police, Attorney General’s Office, members of the Steering Committee, national justice experts, and Criminal Justice Coordination Committees. The team will also meet with donor partners (DFID), development partners and other UNDP projects operating in the justice sector. The evaluation will mostly be conducted in Dhaka. A visit to pilot districts will also be included.

In addition to UNDP’s evaluation principles contained in the UNDP Handbook on Planning, Monitoring and Evaluation, the team should also consider the OECD DAC criteria for evaluating development assistance. The following areas and questions will need to be incorporated into the final report:

Effectiveness: a measure of the extent to which an aid activity attains its objectives. In evaluating the effectiveness of the project it is useful to consider:

  • To what extent were the objectives achieved/are likely to be achieved?
  • What were the major factors influencing the achievement or non-achievement of the objectives?
  • Has JSF successfully leveraged its partnerships with: 1) government agencies; 2) civil society and access to justice NGOs; 3) UNDP access to justice projects; 4) DFID Security and Justice Programme and 5) other development projects in the sector (USAID etc.).

Relevance: the extent to which the aid activity is suited to the priorities and policies of the target group, recipient and donor. In evaluating the relevance of a project, it is useful to consider:

  • To what extent the objectives are still valid?
  • Are the outputs and activities consistent with the overall goal and the attainment of its objectives?
  • Are the activities and outputs of the programme consistent with the intended impact and effects?

Efficiency: measures the outputs, qualitative and quantitative, in relation to the inputs. It is an economic terms which signifies that the aid uses the least costly resources possible in order to achieve the desired results (value for money). When evaluating the efficiency of a project, it is useful to consider:

  • Were activities cost-effective?
  • Were objectives achieved on-time?
  • How well has the project translated inputs into outputs?

Impact: The positive and negative changes produced by a development intervention (direct and indirect). When evaluating impact it is useful to consider:

  • What has happened as a result of the project?
  • What real difference has the activity made to beneficiaries?
  • What is the impact from a gender perspective?
  • How many people have been affected?
  • Have outputs been achieved? And if so, to what extent have Outcomes been achieved?

Sustainability: is concerned with measuring whether the benefits of an activity are likely to continue after donor funding has been withdrawn. When evaluating the sustainability of a project, it is useful to consider:

  • To what extent did the benefits of the project continue after funding ceased?
  • To what extent has the theory of change been accurate? Have other theories of change emerged?
  • What were the major factors which influenced the achievement or non-achievement of sustainability or non-sustainability of the project?
  • Should UNDP continue its work in this area?
  • Are risk management/mitigation processes adequate?
  • How should the development approach/theory of change adjust for future programming?

The evaluation will also document the innovations and lessons learned from the project. This includes analysis of what has worked and what has not as well as observations related to design as well as management and operation of the Facility.

Methodology:

  • Documents review: The evaluation team will review project documents, quarterly reports, results reports, M&E framework, indicator progress sheet, AWP monitoring tool, DFID’s annual review reports, different workshops and training reports, PSC and PIC meeting minutes, conference report etc.
  • Stakeholder interview: The evaluation team will meet with project staff and senior officials of NLASO, AG Office, JATI, and JSC. The team will also meet with the Hon’ble Minister, Ministry of Law, Justice and Parliamentary Affairs, senior officials of Law and Justice Division and UNDP senior management.
  • Observation of pilot district Intervention: The evaluation team will visit JSF pilot intervention in Comilla and Pabna. They will meet district judges, Chief Judicial Magistrates and other senior judges, police, prison, civil surgeons and legal aid officers to have an understanding about improved communication, coordination and cooperation (3Cs) between the justice institutions.
  • Debriefing Session: A draft report/summary of major findings shall be presented at the end of the in-country mission of 2 weeks. Project stakeholders/experts groups will attend this session. A preliminary draft of the findings will be shared with UNDP 3 days before the final presentation.

Deliverables:

The output of the contract will be an evaluation report (not more than 25-30 pages). The report will include an executive summary section, which will use the project’s results framework to assess progress against the intended results of the project at output level. The body of the report shall provide a detailed assessment of the performance of the project, including lessons learned. A section on next steps/recommendations for future programming shall also be included.

The specific deliverables are outlined as follows:

  • Submission of inception report (end of 4 days);
  • Submission of interim findings (end of 12 days);
  • Presentation to project stakeholders/experts groups (end of 15 days);
  • Submission of draft evaluation (end of 20 days);
  • Submission of final evaluation report (end of 25 days).

Evaluation Team Composition:

  • A national consultant will work with the International Consultant (IC) as a team member. The role of the IC will be to plan and design evaluation tools, review project documents, conduct interviews and write report.

Supervision and Performance Evaluation:

  • The Chief Technical Advisor of the Justice Sector Facility Project will supervise the activities of the consultant on a regular basis and evaluate the performance and approve the deliverables/outputs.

Reports:

  • Submit reports and other documents on the provision of specified deliverables.

Inputs:

  • JSF project of UNDP will provide office space (no computer). While travelling to field necessary vehicle supports would be provided from the Project of UNDP. UNDP JSF team will assist to arrange various meetings, consultations, and interviews and ensure access to key officials as mentioned in proposed methodologies.
  • In addition to this, UNDP will bear the cost of arranging consultation meetings and debriefing sessions and other events as required.

Impact or results:

  • The key results have an impact on the overall success of the country programme and reaching UNDAF/ CPD goals. In particular, the key results have an impact on the design, operation and programming of activities, creation of strategic partnerships as well as reaching overall project targets.

Progress Control: Payment for services of the consultant at each stage will be made upon satisfactory certification by the JSF Chief Technical Adviser.

Payments: Payment for services of the consultant will be made in two instalments:

  • 50% upon receiving of the draft report; and
  • 50% upon acceptance of the final evaluation report.

Payment will be made through Electronically Fund Transfer (EFT). For each instalment the consultant has to submit a request letter duly signed and describing the agreed accomplishment. 

Timeframe and Deadline:

  • The evaluation will take in total 25 working days but the days are not consecutive. The delivery of final report will take place within one month of the end of the in-country mission. The following table sets out the deliverables expected and the corresponding timeframe.

Deliverables with Timeline:

  • Inception report by end of 4 days;
  • Submission of interim findings by end of 12 days;
  • Presentation to project stakeholders/ experts groups by end of 15 days
  • Submission of draft evaluation report by end of 20 days;
  • Submission of final evaluation report by end of 25 days.

Competencies

  • Independent and flexible;
  • Ability to work under pressure in a challenging and complex environment;
  • Excellent communication skills;
  • Strong analytical and time management skills;
  • Creative and result-oriented; and
  • Client-oriented;
  • Demonstrated fluency in written and spoken English;

Required Skills and Experience

Academic Qualifications:

  • Masters degree in Law, Public Administration, International Affairs or in any other relevant field of study.

Years of Experience:

  • At least 8 years of professional experience working within any of the areas of democratic governance, rule of law and access to justice at the policy level;
  • At least 5 years of practical experience in designing, monitoring and evaluating any of democratic governance, rule of law and access to justice project;
  • Prior experience working with and/or designing/evaluating a justice “sector-wide” programme is preferred;
  • Previous professional experience in South Asia is an asset. Prior experience working in Bangladesh is preferred;
  • Previous experience working with UNDP and knowledge of UNDP’s approach to planning, monitoring and evaluation is preferred.

Language Requirement:

  • Fluency in speaking and writing in English.

Evaluation of the Candidates:

Individual consultants will be evaluated based on the following methodology:

Cumulative analysis:

The candidates will be evaluated through Cumulative Analysis method. When using the weighted scoring method, the award of the contract will 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 candidates obtaining a minimum of 49 points in the technical evaluation would be considered for Financial Evaluation.

Technical Evaluation Criteria (Total 70 marks)

  • At least 8 years of professional experience working within any of the areas of democratic governance, rule of law and access to justice at the policy level (25 marks);
  • At least 5 years of practical experience in designing, monitoring and evaluating any of democratic governance, rule of law and access to justice project (20 marks);
  • Prior experience working with and/or designing/evaluating a justice “sector-wide” programme is preferred (15 marks);
  • Previous professional experience in South Asia is an asset Previous experience in Bangladesh is preferred (10 marks);
  • Previous experience working with UNDP and knowledge of UNDP’s approach to planning, monitoring and evaluation is preferred (10 marks).

Financial Evaluation (Total 30 marks)

All technical qualified proposals will be scored out 30 based on the formula provided below. The maximum points (30) will be assigned to the lowest financial proposal. All other proposals received points according to the following formula:
                   p = y (μ/z)
where:
p = points for the financial proposal being evaluated
y = maximum number of points for the financial proposal
μ = price of the lowest priced proposal
z = price of the proposal being evaluated

Documents to be included when submitting the proposals/application: Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

  • Explaining why s/he is the most suitable for the assignment.
  • Submit a curriculum vita describing the relevant experience and expertise to prove his/her suitability for the position.