Background
UNDP Global Mission Statement:
UNDP is the UN’s global development network, an organization advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. We are on the ground in 166 countries, working with national counterparts on their own solutions to global and national development challenges.
UNDP Afghanistan Mission Statement:
UNDP supports stabilization, state-building, governance and development priorities in Afghanistan. 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. 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 has played a key role in the management of the Law and Order Trust Fund, which supports the Government in developing and maintaining the national police force and in efforts to stabilize the internal security environment. Major demobilization, disarmament and rehabilitation and area-based livelihoods and reconstruction programmes have taken place nationwide. UNDP Programmes in Afghanistan have benefited from the very active support of donors. UNDP Afghanistan is committed to the highest standards of transparency and accountability and works in close coordination with the United Nations Assistance Mission in Afghanistan and the UN system as a whole to maximize the impact of its development efforts on the ground.
Organizational context:
The United Nations Development Programme (UNDP) is committed to augmenting the capacity of the Government of the Islamic Republic of Afghanistan’s (GIROA) to administer rule of law and improve security for all Afghan citizens. As the lead rule of law institution in the country, improving the ability of the Ministry of Interior Affairs (MOIA) to fulfill its mandate remains critical to the overall stability of Afghanistan and its people. As the UN’s primary development agency, and a longstanding development partner to GIROA’s rule of law and security sector, UNDP Afghanistan plays a leading role in facilitating reform and development of MOIA. The MOIA & Police Development (MPD) project, principle objectives are to (1) improve MOIA’s ability to lead and manage reform, (2) ensure efficiency improvements in key police service functions and (3) improve public confidence in the police force through accountability and democratic policing standards and approaches. These objectives are programmed under two components of the MPD project, Institutional Development and Police Professionalisation.
The MPD project utilizes global expertise from within the UN system, private sector firms as well as newly established South-South Cooperation Frameworks in order to deliver highly contextual and relevant advisory support. It works through three principle programming streams – legal/policy, institutional and individual capacity – in order to foster systemic and lasting change. The project also works in close collaboration with strategic partners, including the United Nations Assistance Mission in Afghanistan (UNAMA), Resolute Support Mission (RSM), European Union Police (EUPOL) and German Police Project Team (GPPT), in order to deliver upon these common objectives.
Background on Complaints Mechanism
Through the MPD project, UNDP is committed to working with the MOIA and international partners to establish transparent and accountable systems that can increase the trust, legitimacy and confidence of the MOIA/ANP, both within the institution as well as with the citizens of Afghanistan. One of the primary instruments for this is MOIA’s complaint mechanism functions and services. The MPD project conducted an initial assessment of the MOIA’s complaints system and some of the key findings are as follows:
Complaints are handled by a highly fragmented mechanism with at least nine “touchpoints” operating in silos;
Complaint handling is discretionary and without standard processes and procedures for case registration, case categorization, and case tracking/management;
The concept of differentiating between a departmental violation and a criminal violation does not exist;
The policy and legal framework is incomplete and does not provide sufficient guidance for decision-making;
Against this backdrop, the MPD project has:
Process-mapped the complaint touchpoints and established a good understanding of how complaints are currently handled;
Introduced a concept of a departmental enquiry and drafted a set of disciplinary rules discerning between major/minor breaches and;
Recommended the Complaint Mechanism to be anchored in the Office of Inspector General of the Ministry of Interior Affairs with a setup of a Complaint Cell to be responsible for all matters regarding Complaint Mechanism such as policy, review of implementation, and related issues.
Going forward, the Institutional Development Component of the Project aims to achieve the desired result stated in the Annual Work Plan, namely: complaint mechanisms and processes of the MOIA are harmonized and complaints are handled in compliance with policies and procedures.
Duties and Responsibilities
Scope of Work and Deliverables
Objective of the Assignment:
The objective of this consultancy is i) to develop a set of regulations to regulate police conduct and determine types of misconduct that invite major or minor penalties; and ii) develop and take a lead role in the implementation of a roadmap to assist the MOIA to institutionalise and opearationalise the disciplinary rules, the concept of preliminary enquiry and departmental enquiry as well as procedures to handle and channel complaints that warrant criminal investigation versus those that warrant departmental proceedings.
The roadmap will be presented, consulted, and agreed with the MOIA and other relevant partners and it shall include key steps to ensure that workable and contextually appropriate mechanism, governance and infrastructure (e.g. legal basis, power and authority, internal and external oversight, procedures, personnel and staffing needs/capacity) will be put in place for effective implementation. The roadmap will also include elements of i) training for relevant MOIA/ANP staff to understand and become fully acquainted with the concepts of Preliminary Inquiry and Departmental Enquiry, ii) pilots before full rollout, and iii) communications and outreach strategy to educate MOIA/ANP as well as the public about the system and procedure.
The specific scope is as follows:
Review materials and documents including relevant laws, regulations, policies, decrees, orders, procedures as well as previous assessments and findings to gain insights into the MOIA/ANP complaint mechanism;
Work closely with the MPD project and MOIA to review and revise the draft disciplinary rules to ensure that mechanisms and processes to be put in place are practical and workable in the context of MOIA/ANP/Afghanistan;
Work closely with the MPD project and MOIA to develop a set of regulations to regulate police conduct and determine types of misconduct that invite major or minor penalties;
Develop a roadmap, in consultation with key stakeholders, to assist the MOIA to institutionalise and operationalise the disciplinary rules, the concept of preliminary enquiry and departmental enquiry as well as procedures to handle and channel complaints that warrant criminal investigation versus those that warrant departmental proceedings;
Engage in and facilitate discussions to receive feedback and finalise the roadmap with MOIA and relevant stakeholders;
With assigned MPD project staff, take a lead role in the implementation of the roadmap
Design and develop training for relevant MOIA/ANP staff to understand and become fully acquainted with the concepts of Preliminary Inquiry and Departmental Enquiry
Support capacity-building activities as requested, required and appropriate;
Support the MPD project in the harmonisation, redesign, codification and digitization of complaints mechanism processes across the different touchpoints; and
Perform other tasks as determined by the MPD team and/or Chief Technical Advisor of the MPD, Institutional Development Component.
Expected Outputs and Deliverables; Estimated duration to complete and Payment percentage:
First Deliverable: 22 working days; 10%
An inception report with a set of draft regulations to regulate police conduct and determine types of misconduct that invite major or minor penalties.
Second Deliverable: 22 working days; 20%
An agreed roadmap to assist the MOIA to institutionalise and operationalise the disciplinary rules, the concept of preliminary enquiry and departmental enquiry as well as procedures to handle and channel complaints that warrant criminal investigation versus those that warrant departmental proceedings.
Third Deliverable: 22 Working Days; 20%
A progress report, detailing:
Support provided to the implementation of the roadmap;
Delivery of training for relevant MOIA/ANP staff to understand and become fully acquainted with the concepts of Preliminary Inquiry and Departmental Enquiry.
Fourth Deliverable: 22 Working Days; 20%
A progress report, detailing:
Support provided to the implementation of the roadmap;
Design and plan for pilot implementation.
Fifth Deliverable: 22 Working Days; 15%
A progress report, detailing:
Support provided to the implementation of the roadmap.
Sixth Deliverable: 22 Working Days; 15%
Submission and acceptance of a final report summarizing progress and outcomes of the roadmap implementation, the pilot initiative, and capacity building activities. The final report shall also specify the remaining capability gaps and recommend future actions and way forward.
Payment Modality:
Payments under the contract shall be delivery based and be made on receipt of the specific milestone reports indicated above, and including a timesheet according to UNDP procurement formats for individual contractors. These shall be as indicated in the table above, and shall be made upon approval by the relevant MPD managers. The draft of the assessment and recommendations will be reviewed by both the MOIA concerned departments and UNDP MPD Management. Upon receipt of final comments, the consultant shall finalize the report for formal acceptance by UNDP at which point the final payment shall be released.
Competencies
Corporate Competencies:
- Demonstrates integrity by modeling the UN’s values and ethical standards;
- Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
- Treats all people fairly without favoritism.
Functional Competencies:
Knowledge Management and Learning:
In-depth practical knowledge of inter-disciplinary development issues;
Seeks and applies knowledge, information, and best practices from within and outside of UNDP.
Development and Operational Effectiveness:
- Ability to lead strategic planning, change processes, results-based management and reporting;
- Ability to lead formulation, oversight of implementation, monitoring and evaluation of development projects;
- Ability to apply development theory to the specific country context to identify creative, practical approaches to overcome challenging situations.
Management and Leadership:
- 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 openness to change and ability to manage complexities;
- Ability to lead effectively, mentoring as well as conflict resolution skills;
- Demonstrates strong oral and written communication skills;
- Remains calm, in control and good humored even under pressure;
- Proven networking, team-building, organizational and communication skills.
Required Skills and Experience
Academic Qualifications:
Master’s degree in public administration or social sciences with specialty in administrative processes involving accountability or complaints, or other relevant field from an accredited college or university.
Years of experience:
- At least 7 years of professional experience in relevant administrative processes, including at least 5 years in public sector institutions involving work related to accountability or complaints mechanism;
- Previous experience working with Ministries of Interior or police services is a distinct advantage;
- Past experience working in conflict affected countries desirable;
- Prior work experience for UNDP funded projects desirable;
- Prior work experience in Afghanistan is an advantage.
Language:
- Excellent written and oral English skills a necessary requirement;
- Competence in Dari and/or Pashtu is an asset.
Work Arrangements
Institutional Arrangements:
The International consultant will work under the overall supervision of the MPD Project Manager and under direct supervision of the Chief Technical Advisor of the MPD Institutional Development Component.
Monitoring and reporting arrangements:
The consultant shall work in close collaboration with MPD staff under the Institutional Development Component;
MPD project office will provide office space and internet facility, logistical and other support service including transport and security applicable to UNDP international personnel. The consultant however is expected to bring his/her own laptop and mobile phone and meet local communications costs (UNDP will provide a local pre-paid SIM card). Costs to arrange meetings, workshops, travel costs to and DSA during field visits (if any), etc. shall be covered by UNDP MPD project.
Duration of the Work:
The performance under the contract shall take place over total contract duration of 6 months (maximum 132 working days), excluding joining and repatriation travel days. The target date for the start of work will be around 1st week on February 2017 depending on the availability of the appropriate international consultant.
Duty Station:
- The duty station for the contractor is Kabul, Afghanistan for the entire duration of the contract. Some field visits outside Kabul are envisaged under the contract. The Contractor will be required to report regularly and be present at MPD project office (MOIA and/or UNOCA) during the working hours, security conditions permitting. The contractor will follow the working hours and weekends as applicable to MPD staff. Contractor’s movement for meetings and consultations shall be coordinated by MPD project office. The contractor is at all times required to observe UNDP security rules and regulations.
Price Proposal and Schedule of Payments:
The contractor shall submit a price proposal as below:
Daily Fee – Daily Fee – The consultant shall propose a daily fee which should be inclusive of his/her professional fee, local communication cost and insurance (inclusive of medical health and medical evacuation). The number of working days for which the daily fee shall be payable under the contract is maximum 132 working days;
Living Allowance, LA – For an International Consultant a Living Allowance (LA) shall be paid – The consultant shall propose the Kabul applicable rate of USD 162 per night for his/her stay at the duty station. The number of nights for which the LA shall be payable under the contract is 180 nights. UNDP will organize transportation and provide DSA for the consultant’s field visits. An international consultant is NOT allowed to stay in a place of his/her choice other than the UNDSS approved places. UNDP will provide MORSS compliant accommodation in UNOCA to the consultant. The accommodation payments shall be made directly by the consultant;
Travel & Visa – The consultant shall propose an estimated lump sum for Home-Kabul-home travel and Afghanistan visa expenses. This applies to international consultants only. UNDP will be responsible for organizing travel between places within Afghanistan.
- Rest and Recuperation, R&R: The contractor shall be entitled for R&R - 7 calendar days (USD 2,170) 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.
The total professional fee, shall be converted into a lump-sum contract and payments under the contract shall be made on submission and acceptance of deliverables by end-user under the contract in accordance with the abovementioned schedule of payment.
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) – This 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]
Relevant education (15 marks);
Audit work experience within public sector institutions in fragile states, particularly in Afghanistan (20 marks);
- Experience of working for projects funded by UNDP (5 marks).
Documents to be included when submitting the proposals:
Interested international consultants (Procurement) 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.