UNDP Jobs - 81659- National Consultant – Analysis of the Legislative

National Consultant – Analysis of the Legislative framework for provision of services at the local level (primarily by Local communities/Mjesne Zajednice)

Location :

BOSNIA AND HERZEGOVINA

Type of Contract :

Individual Contract

Starting Date :

Application Deadline :

08-Nov-18 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

November 2018 - January 2019

Languages Required :

Expected Duration of Assignment :

Up to 38 expert days

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.

Background

In 2015, UNDP launched the implementation of the Strengthening the Role of Local Communities/Mjesne zajednice in Bosnia and Herzegovina Project, which is financed jointly by the Government of Switzerland and the Government of Sweden. The project goal is to improve quality of life of the citizens of Bosnia and Herzegovina (B&H) through improving local infrastructure and services, increasing democratic accountability and social inclusion. The chosen means to achieve this goal is through encouraging community-led local development and revitalising of mjesne zajednice (MZs) as the places where government comes closest to the people and as grass-roots organisations that serve communities, with the possibility for real participation and joint action.

The Project's implementing strategy is to support and drive forward change from bottom-up by engaging citizens and communities and giving them a voice in local governance processes, and by revitalising MZs as spaces where citizens come together to interact and involve, to identify and solve problems, to transmit their concerns to the local government and participate in the ways it makes its plans, spends their money and takes decisions that affect people’s lives. In doing so, the Project places MZs and their communities at the centre of its work, while also relying on a broad range of relevant stakeholders to sustain and expand Project results and increase democratic accountability. The Project works with 24 LGs and 136 MZs country-wide.

Purpose of the Consultancy

The purpose of the consultancy is to review existing legislative framework (local, cantonal, Brcko District and entity level) governing public service provision in order to assess MZs possibilities, opportunities and limitations to provide and/or facilitate provision of public services to citizens. Additional purpose of this comprehensive analysis is identification of sectors and areas in which services could be provided/facilitated by MZs, taking into consideration the role of the MZs proposed in the New Vision of Local Communities (MZs) in Bosnia and Herzegovina.

Objective of the Consultancy

The main objective of the consultancy is to analyse and provide overview of the current legislative framework (local, cantonal, Brcko District and entity level) governing public service provision with particular focus on public services that are in local community’s mandate.

In addition to the review of the existing legislative framework (local, cantonal, Brcko District and entity level) it should also asses and provide overview of the current practices and background documents/regulations/decisions at the local level that are defining provision of services by MZs, taking into consideration MZ models proposed in the New Vision of Local Communities in BiH.

The review should assess specificities of each partner local government in terms of current state of service provision, modalities of its provision, existing practices and its alignment with the current local, cantonal and entity laws. It should also assess the current capacities of the MZs with regard to service provision/facilitation, existing capacity gaps and capacity building needs in order to equip them to fulfil its role of service provider/facilitator envisaged in the New Vision of Local Communities in BiH.

Final product of this consultancy should be comprehensive report containing a) Review of the existing legislation at (local, cantonal, Brcko District and entity level); b) Review of the current practices and regulations defining provision of services by MZs for each participating LG and c) Set of recommendations for potential improvement/adaptation of the legislative framework needed in order to enable further de-concentration of public services from LGs to MZ.

Duties and Responsibilities

This consultancy should contribute to identifying of services that could be provided/facilitated by MZs within current legislation on local, cantonal and entity level. It will provide review of the current practices at the local level and background documents that are defining provision of services by MZs taking into consideration MZ models proposed in the New Vision of Local Communities in BiH. Furthermore, the analysis will support further planning process of capacity development in the areas of quality service provision by MZs.

In this context, the scope of work for this consultancy will focus on three key tasks:

Task 1: Overview of the current legislative framework (local, cantonal, Brcko District and entity level) governing public service provision with particular focus on public services that are in local community’s mandate.

Under this task selected consultant is expected to conduct desk review of the current legislation (local, cantonal, Brcko District and entity level) relevant for provision of communal, administrative, social and other public services at local level. Findings of the review should be presented in clear and easy to read manner and shared with the UNDP, as a basis for the Task 2.

Timeframe envisaged for completion of this task is 5 expert days.

Task 2: Consultations with stakeholders and assessment of existing legislation/regulations/statutes decisions at local level:

Upon completion of the Task 1, selected consultant is expected to, in consultation with UNDP project team and relevant stakeholders from partner LGs (24), assess specificities of each partner municipality in terms of current state of service provision, modalities of its provision, existing practices and its alignment with the current local, cantonal and entity laws. It should also assess the current capacities of the MZs with regard to service provision/facilitation, existing capacity gaps and capacity building needs in order to equip them to fulfil its role of service provider/facilitator envisaged in the New Vision of Local Communities in BiH.

Purpose of this task is two-fold, to enable better understanding of public services that are in local community’s mandate in terms of its of availability, efficiency and quality and assess the current MZ role and capacities in term of service facilitation and/or service provision. Findings of this assessment should serve as the basis for future analysis and recommendations for improvement of the service provision and availability.

Timeframe envisaged for completion of this task should not exceed 30 expert days.

Task 3: Final report with findings and recommendations:

Selected consultant is expecting to compile findings of the assessments conducted under the tasks 1 and 2 into comprehensive report that will be structured around topics assessed under task 1 and 2 and with section on main findings and recommendations for legislative changes / adaptation and further capacity building of MZs.

Timeframe envisaged for this task should not exceed 3 days.

Deliverables and timelines

The Consultant is expected to provide the following three key deliverables:

Deliverable 1: Overview of the current legislative framework (local, cantonal, BD and entity level) with particular focus on public service - By the mid November 2018 (5 expert days), 16.00%;
Deliverable 2: Assessment of existing legislation/regulations/statutes decisions at local level based on consultative meetings with relevant stakeholders from partner LGs:
- Findings should be captured in the report containing catalog of available public services and service providers per LGs and MZs; It should provide recommendations for future activities of relevant actors at the local level to promote development and accessibility of services taking into account the MZ role envisaged in the New Vision of Local Communities in BiH - By the end of December 2018 (30 expert days), 76.00%;
Deliverable 3: Final report with findings and recommendations (the report should be structured around following topics):
- Overview of the legislative framework; Assessment of the local practices in each partner LG and its alignment with; Current capacities of MZs in terms of its organizational structure, availability of equipment and technical preconditions, human and financial resources to facilitate/provide services to citizens; Recommendations for legislative change/adaptation and capacity building measures - By the mid of January 2019 (3 expert days), 8.00%;

Competencies

Core values:

Demonstrates integrity and fairness by modelling UN values and ethical standards;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability.

Core competences:

Demonstrates professional competence to meet responsibilities and post requirements and is conscientious and efficient in meeting commitments, observing deadlines and achieving results;
Results-Orientation: Plans and produces quality results to meet established goals, generates innovative, practical solutions to challenging situations;
Communication: Excellent communication skills, including the ability to convey complex concepts and recommendations, both orally and in writing, in a clear and persuasive style tailored to match different audiences;
Team work: Ability to interact, establish and maintain effective working relations with a culturally diverse team;
Client orientation: Ability to establish and maintain productive partnerships with national partners and stakeholders and pro-activeness in identifying of beneficiaries and partners’ needs and matching them to appropriate solutions.
Strong analytical and reporting abilities; Excellent organizational and facilitation skills; Excellent public presentation and moderation skills.
Proven analytical skills and ability to conceptualize and write concisely and clearly;

Required Skills and Experience

Academic Qualifications/Education:

Advanced University degree in law or public administration.

Experience:

At least 5 years of relevant experience in the field of legislation analyses in Bosnia and Herzegovina;
Proven ability to undertake professional research using both quantitative and qualitative methods;
Proven skills and previous experience in facilitation of public consultative policy development processes in Bosnia and Herzegovina, engaging a diverse set of public, non-governmental and civic participants;
Proven communication and advocacy skills, and ability to work in an environment requiring liaison and collaboration with multiple actors including government representatives, donors and other stakeholders;
Previous work for UN agencies or concrete work at local government level in the country is considered as unique asset.

Languages Requirements:

Fluency in languages of Bosnia and Herzegovina (excellent writing, editing and communication skills);
Fluency in English is an asset.

Other Requirements:

Excellent computer skills (MS Office applications) and ability to use information technologies as a tool and resource.

Technical Evaluation Criteria:

Qualification Score - Weight: 50%, Maximum points: 50;
Interview - Weight:50%, Maximum points: 50;

Only candidates obtaining a minimum of 70 points would be considered for the Final Evaluation.

EVALUATION

Individual consultants 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 individual consultant 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%

Applicants are required to submit an application including:

Reference to past experience in similar project;
Writing example of previously conducted analysis or report(s);
Brief methodology for this assignment, with the focus on research methods to be used and approach to stakeholder engagement;
Completed and signed the Offeror’s template Confirming Interest and Availability (please follow the link: http://www.ba.undp.org/content/dam/bosnia_and_herzegovina/docs/Operations/Jobs/Offerors%20Letter%20to%20UNDP%20Confirming%20Interest%20and%20Availability.docx);
Latest personal CV, including past experience from similar projects, and email, telephone and any other contact details for references;
Financial proposal which will separately specify professional fee, indicating number of anticipated working days, travel costs (air-ticket or use of private vehicle), living allowance, and all other applicable costs.

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.