Consultant for Legal analysis relevant for the concession management in Protected areas system


Location : home based and Podgorica, MONTENEGRO
Application Deadline :08-Mar-15 (Midnight New York, USA)
Type of Contract :Individual Contract
Post Level :National Consultant
Languages Required :
English  
Starting Date :
(date when the selected candidate is expected to start)
23-Mar-2015
Duration of Initial Contract :2 months, during the period March -April 2015
Expected Duration of Assignment :up to 20 working days,

Background

Strengthening the sustainability of the protected area system of Montenegro emerged as a major systematic effort to assist in capacity development of institutions and individuals mandated with protected, conservation and management of protected areas. The main objectives of this project are to expand and rationalize the protected area system in order to ensure better habitat representation and more secure conservation status as well as to strengthen the capacity of protected area institutions to more effectively manage a representative system of protected areas. Under the project “Catalyzing financial sustainability of protected areas in Montenegro’’ UNDP will assist in capacity development of institutions and individuals mandated with protection, conservation and management of protected areas. This project will improve the financial sustainability of Protected Area (PA) system in MNE through enabling legal and policy environment for improvement of financial sustainability, securing revenue streams for PA, and development of institutional and individual capacities of PA institutions to raise PA management cost-effectiveness, while the project Sustainability of the Protected Area System of Montenegro will strengthen capacities of the protected area institutions to design, plan and manage a more representative system of PA through expanding and rationalizing PA system to ensure better habitat representation and more secure conservation status, and through strengthening capacities of PA institutions to effectively manage a more representative PA system. 
Work under this output is designed to improve the financial sustainability of the protected areas by identification of concession opportunities (special focus could be given to nature-based tourism concessioning process with piloting exercise focused on Komovi and Piva regional Parks) that could allow a private commercial operator to use products or services produced by protected area on  the basis of a medium to long-term contract (~15-20 years on a ‘build-operate-transfer’ agreement), in return for payment of concession fees to the designated  management authority. If successful, this means of generating income would then enable the managing authority to focus its resources and capacity on the core business of managing biodiversity. The provisions contained in the Law on Concessions (Official Gazette of Montenegro, No. 8/09), Law on Nature Protection, Law on National Parks or other relevant legislative guidance will provide the regulatory guide in the identification of the concession opportunity; procurement process; selection of a preferred bidder; concession period; negotiated legal agreement; concession management; and concessioning fee to be concluded in this output.


Duties and Responsibilities

Under the direct supervission of UNDP Project Manager, the consultant will be responsible to deliver the following:

  • Legal analysis relevant for the concession management – this will include an analysis of national , regional and international best practice in PA concessioning processes, and lessons learnt. Legal framework regulating concession, concessioning operating manuals, contractual templates for concessions, bidding memoranda and social and environmental guidelines would be collated to support and guide the concessioning process formulation.
  • Identification of the concession opportunity - this will include the selection of the concession opportunities, mapping the concession area and establishing the scale and carrying capacities for the concession.
  • Design of the concessioning process – this will include, based on a legal review, designing and providing detailed guidance on conssesioning phases and steps, with each step clarification and implementation guidelines. This should consist and not be limited to:
  • Developing the environmental guidelines, determining how to approach the social and empowerment issues, and modelling the operations to establish financial viability and minimum rentals.- Designing guidelines for Inviting an expression of interest – this would involve the issuing of an Information memorandum to potential investors providing basic details of the concession opportunity, its location and size, and a synopsis of how the process would be run.
  • Designing guidelines bidding memorandum - the bidding memorandum will describe in detail the manner in which the actual bidding process is to be conducted, including what information is required, the opening of bids, how the technical components are to be evaluated, how the financial bids will be evaluated, the procedure for the announcement of winning bidders, closure of the concession contract, requirements in terms of the bid and development bond, payment of execution fees and the timetable;
  • Documenting of lessons learnt - and collating tools developed, for further replication with clear recommendation for improvement of existing legal and regulatory framework.

Expected Results/ Timeframe:

  • Identification of concession opportunities and preparation of guidelines (special focus could be given to nature-based tourism concessioning process with piloting exercise focused on Komovi and Piva regional Parks) that could allow a private commercial operator to use products or services produced by protected area on  the basis of a medium to long-term contract (~15-20 years on a ‘build-operate-transfer’ agreement), in return for payment of concession fees to the designated  management authority.

Timing and reporting:

  • The assignment will be carried out within 20 working days until April 30, 2015.

Time duration and travel:

  • The consultant will be engaged on short-term base for the period of 20 days under Individual Contract. The planed tasks will be executed on part time basis during the period March - April 2015. No travel is expected.


Competencies

  • Demonstrates integrity by modeling the UN’s values and ethical standards;
  • Promotes the vision, mission and strategic goals of UN/UNDP;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Ability to lead strategic planning, results-based management and reporting;
  • Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback;
  • Consistently approaches work with energy and a positive, constructive attitude;
  • Demonstrates good oral and written communication skills;
  • Demonstrates ability to manage complexities and work under pressure, as well as conflict resolution


Required Skills and Experience

Education:

  • Univeristy degree in law, economy, policy development or associated felids;

Experience:

  • Minimum 4 years of working experience in a field relevant to this ToR;
  • Experience in policy planning, development and implementation
  • Experience in national public administration at management and decision making positions would be considered as an asset;
  • Experience with international organizations and donors is considered to be an asset;

Language:

  • Fluency in English and Montenegrin both written and spoken.

Application procedure:

  • Interested candidates are requested to submit their applications by March 8th,  2015 by using the Apply now button;
  • All applicants are requested to upload a duly completed and signed Personal History Form (P11), which serves as the equivalent of the CV. P11 form can be downloaded from http://www.me.undp.org/content/montenegro/en/home/operations/jobs.html .
  • The short-listed candidates only will be invited for an interview.


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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