International Expert for Competition Policy


Location : Home-based and Podgorica, MONTENEGRO
Application Deadline :04-Nov-18 (Midnight New York, USA)
Type of Contract :Individual Contract
Post Level :International Consultant
Languages Required :
English  
Starting Date :
(date when the selected candidate is expected to start)
19-Nov-2018
Duration of Initial Contract :19 November 2018 - 15 September 2019
Expected Duration of Assignment :40 consultancy days

Background

The Office for European Integration (OEI) represents a central coordinating institution for the process of the accession to the EU including accession negotiations and management and programming of IPA funds, as well as strategic planning when it comes to public policies. Staff assigned to the new OEI have responsibility for and experience to date in anchoring negotiations with the EU, not only in establishing preconditions for opening the remaining negotiating chapters, but in the requirements for continuous alignment of the national legislation with the EU acquis and establishing benchmarks and key criteria for the closure of the negotiation chapters.

The OEI coordinates accession activities in chapter 8 – Competition Policy, which is one of the two chapters where the negotiations have not been opened, together with other bodies, such as the Agency for Protection of Competition (APC). In February 2018, Montenegro adopted the amendments to the Law on Protection of Competition and the new Law on Control of State Aid. With the adoption of this legislation, the APC has taken over major activities in relation to competition and state aid policy and therefore needs additional support to strengthen capacities and establish good practice.

Having in mind current situation, the EU concluded, on several occasions, that it is necessary to ensure better practice in processing competition violations. Therefore, it is important for Montenegro to prepare the product, which would show existing gaps in legislative framework and practice in the area of competition. 

Additionally, as the EU insists on concrete results in this area, it is necessary to strengthen administrative capacities of the Agency for Protection of Competition and provide concrete results in this area. Thus, the main objective in chapter 8 is to create a solid track record of sanctions for competition violations and to prepare a negotiation platform in order to open negotiations in this chapter. In this regard, it is crucial to have adequate legal and consultant support.

Besides, as Montenegro internally fulfilled opening benchmarks in this chapter, it is now in the phase of the development of negotiation platform. Having in mind the complexity of this work, it is necessary to have additional expert support to prepare the best quality product. 

The project “Strengthening capacities of the Ministry of European Affairs” is funded by the Norwegian Ministry of Foreign Affairs and implemented by UNDP in partnership with the OEI. The project started on October 1, 2017 and it will be implemented over the next two years. The general objective of this action is to assist, advise and support EU accession negotiations through strengthening the capacities of the OEI in responding to the demands of the new phases of accession.


Duties and Responsibilities

Objectives of the assignment: 

The objective of the assignment is to engage international consultant who would provide expert support to the Agency for Protection of Competition (APC) in: development of the analysis of potential competition violation, assistance and support in initiated proceedings, as well as in court proceedings in which the Agency is a respondent party, with the emphasis of EU practice, providing trainings for employees of the Agency for specific cases of competition violation and support in the process of developing negotiation platform and negotiating with the EU Commission under Chapter 8 – Competition Policy.

Job content:

Under the supervision of the UNDP Project Manager, the President of the Council of the Agency for Protection of Competition (APC) and Chief of the Working Group for Chapter 8 – Competition Policy, international consultant will perform the following tasks:

  • Assistance and support in analysing potential competition violation and provide APC with advice on the next steps;
  • Assistance and support in initiated proceedings for competition violation in order to ensure that the existing framework is implemented in practice;
  • Support in court proceedings in which the Agency is a respondent party in order to introduce APC with the practice of the EU countries and methods of determining facts and the presentation of evidence in order to determine violation of competition;
  • Support in the process of development of negotiation platform and negotiations with the EU Commission under Chapter 8 – Competition Policy.
  • Support in organizing trainings for civil servants from the Agency, relevant institutions and law enforcement agencies on topics in the fields under negotiation chapter 8 – Competition;
  • Draft agendas, develop training materials and moderate workshops/seminars/specific trainings on the protection of competition;
  • Prepare the Final Report for the assignment, approved by UNDP Project Manager.

The expected results: Under the supervision of the UNDP Project Manager, the President of the Council of the Agency for Protection of Competition (APC) and Chief of the Working Group for Chapter 8 – Competition Policy, international consultant is expected to deliver the following results:

  • Mature suggestions and comments to the analysis of potential competition violation;
  • Brief analyses of competition violation cases in the EU; 
  • Suggestions and comments to negotiation platform;
  • Finalized agenda of the workshops/seminars/specific trainings on policy planning and policy planning cycle.
  • Training materials;
  • Delivered training;
  • Final report on all activities undertaken under this assignment, highlighting main results achieved and proposed recommendations.

Timing and reporting: International consultant is expected to work homebased and in Montenegro during the assignment duration from November 19, 2018 until September 15, 2019. The consultant will be responsible to prepare the final report to the UNDP Project Manager containing sufficient details and information that would allow for the appraisal of the effectiveness to date of the assignment’s activities.

Time duration and travel: International consultant will be engaged in the period from November 19, 2018 – September 15, 2019. Bearing in mind necessity for continuous support, the expert will be obliged to provide services on-line and via telephone and other means of telecommunication from his place of residence for approximately 20 days in total. Expert will have an obligation to conduct 6 missions to Podgorica in total amount of 20 days from November 19, 2018 – September 15, 2019, as required and in accordance with the requirements of the Agency. The consultant will be placed at the premises of the Agency for Protection of Competition and work during the working hours of the Agency.


Competencies

  • Demonstrates integrity by modelling 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;
  • Excellent communication skills, facility in working with teams and capacity to compose clear and readable narrative reports;
  • Demonstrates ability to manage complexities and work under pressure, as well as conflict resolution skills;
  • Excellent organizational and time management skills.


Required Skills and Experience

Education:

  • Advanced degree in Law or Economy;

Experience:

  • At least 10 years of professional experience in the relevant field, experience in investigating, leading and handling merger clearance and antitrust cases is an asset;
  • Thorough understanding/knowledge of Montenegrin administrative system;
  • Proven expertise and experience in the development of analyses and strategic documents, while such experience in the region and the EU would be an asset;
  • Management experience, preferably within the context of international organization/institutions;

Language:

  • Fluency in Montenegrin language;
  • Excellent command of spoken and written English language;


Other:

  • Modern approach to delivery of policy/technical advice, and experience of working with public institutions/bodies;
  • Excellent communication and presentation skills, demonstrated ability to facilitate trainings;
  • Interest in major EU policy developments is an asset;

Criteria for selection:

Combined Scoring method will be used. When using this weighted scoring method, the award of the contract should be made to the inidividual consultant whose offer has been evaluated and determined as: (i) responsive, compliant, acceptable, and (ii) 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% (Background and education 10%; Relevant previous experience 20%; Substantial knowledge/Required competencies 30%; Required language 10%);
  • Financial criteria weight - 30%.

Only offerors obtaining a minimum 490 points for technical criteria will be considered for the financial evaluation. For more information on procurement methodology for Individual Contractors, please refer to Procurement Notice.

Application procedure:

Interested applicants are requested to submit their applications by November 4, 2018 by using the Apply now button. The application should contain CV or P11 that can be downloaded at http://www.me.undp.org/content/montenegro/en/home/operations/jobs.html. Please note that UNDP jobsite system allows only one uploading of application document, so please make sure that you merge all your documents into a single file.

Only the short-listed applicants will be contacted and requested to submit a letter of interest including a price quotation indicating the lump sum (in EUR) requested for the work envisaged in the section "Description of Responsibilities".


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.


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