Background

Due to a long period of neglect and under-investment, urban infrastructure in BiH, public and residential buildings, energy systems and utilities, waste management, and transport, are now in need of expansion and modernization. From a global environmental standpoint, this situation contributes to a steady increase in greenhouse gases (GHG) emissions, primarily associated with energy use in public facilities. Public facilities are also the largest energy users and GHG emission sources in municipalities in BiH. Modernization, upgrade and expansion of municipal buildings, infrastructure, and services in BiH will improve the quality of urban life and achieve a range of important local and global environmental and sustainable development benefits.
To achieve abovementioned, this Project strives to leverage investment for transformational shift towards low-carbon urban development (LCUD) in Bosnia and Herzegovina thereby promoting safer, cleaner, and healthier cities and reducing urban GHG emissions. To enable this transformational shift, the Project will facilitate implementation of technically and economically feasible low-carbon solutions in key urban sectors and promote their wider uptake by municipalities and private sector via a dedicated financial mechanism established within the national environmental finance framework. Under Component 1. Project will work on development of necessary regulations for instituting polluters pay principle (PPP) and improving the system for collecting PPP fees (which is the primary source of Environment Funds - EFs’ revenues). The PPP principle is one of the most commonly used tools for environment protection. It is based on principle that those who produce pollution should bear the costs of managing it to prevent damage to human health or environment. The project will support the Environmental Fund of the FBiH and Federal Ministry of Environment and Tourism to prepare and adopt the necessary regulations to enable collection of fees based on various sources of environmental impacts related to environment sector thus enabling Environmental Fund of the FBiH to significantly scale-up its funding base for subsequent investment in LCUD. The consultant will be responsible for providing technical assistant to both Environmental Fund of the FBiH and Federal Ministry of Environment and Tourism to develop and review regulations related to polluters pay principle.

The Project has been financed by Global Environment Facility (GEF) and is directly implemented by UNDP Bosnia and Herzegovina Country Office.

Duties and Responsibilities

The Consultant will conduct detailed analysis of all parafiscal charges in FBiH (Federation, Canton and Local self-government units level) including environmental allocations and analysis of the functioning of the Polluter Pays Principle related to, but not limited to the following polluters: motor vehicles (registration fees), plants and facilities in terms of communal waste disposal, and disposal of non-hazardous industrial waste, energy facilities polluting environment (by their activities and energy consumption).
The Consultant will also analyze all fees that are paid by “users of the environment” (quarries, coal mines, etc.), as significant surface sources of air pollution and elaborate whether the portion of these fees is allocated for environmental protection, and if not, propose the ways to “cover” them with environmental fees through the Fund as well. Those analysis would be the basis for development of Polluter Pays Principle within the Law on the FBiH Environmental Protection Fund. The Consultant will document consultations with relevant stakeholders, facilitate and support interaction with those stakeholders as partners to the development of profound analysis of relevant laws of FBiH in the field of energy, environment, waste management, etc. and roles and responsibilities of EFs and make corrections in the final analysis in accordance to the comments and suggestions given by the stakeholders.
Taking into consideration the results of conducted analyses, and respecting the existing legal framework, the National Consultant will in close cooperation with Environmental Fund of FBiH and Federal Ministry of Environment and Tourism develop regulation(s) on Polluters Pays Principle in the Federation of Bosnia and Herzegovina.

The Consultant will be responsible for the following:

• Conduct a research (a desk-review of available literature) for analysis of all parafiscal charges collected on the basis of environmental pollution in FBiH (Federation, Canton and Local self-government level)
• Desk review of existing policies and plans for national, FBiH and sectoral development (in the context of pollution and environment protection) that are related to polluters pay principle and including but not limited to Transport, Environment, and Waste sectors.
• Meetings with stakeholders, review of existing related policies and plans, on all levels in FBiH (entity, cantons, municipalities), and gather data as required. This exercise is aimed at examining the existing policy framework, relevant for the development of polluters pay principle.
• Examine the international and regional policy context for actions and policy development in the context of PPP. The outputs of this activity will provide the wider policy context and guiding principles for the development of the PPP.
• Develop a draft document with review of necessary regulations for instituting polluters pay principle (PPP) by the Environmental Fund of FBiH.
• Finalize document

Based on the tasks given above, the Consultant will develop a draft document of necessary regulations for instituting polluters pay principle (PPP) for enabling Environmental Fund of FBiH to significantly scale-up its funding base for subsequent investment in LCUD. This should be a consultative process from start to end; with representatives of responsible institutions from BiH and level of FBiH. The draft document will be used as the basis for consultations with relevant stakeholders. The draft PPP mechanism will be subjected to stakeholder consultations and will be adjusted based on inputs and comments received.

National Consultant will work under direct supervision of the Environmental Development Project Manager and under coordination of the representatives of the Environmental Fund of the Federation of BiH and Federal Ministry of Environment and Tourism (who will approve and confirm the quality of outputs) to complete all activities specified in this Terms of Reference.

It is envisaged that the level of effort for these tasks will not exceed 50 expert days including potential field visits to relevant institutions across FBiH, as needed. The assignment will not require presence in the UNDP premises. The assignment will include regular consultation/clarification meetings in the UNDP Sarajevo office or premises of Environmental Fund of the Federation of BiH and Federal Ministry of Environment and Tourism.

Deliverables/outputs

# Deliverables / outputs # of days per task Due date Percentage

1. Development of detailed plan for accomplishment of tasks of this ToR  5 May 30, 2019 10%;
2. Presentation of draft version of Analysis Report and the considerations and insights of the consultant including adjustment of the draft output based on inputs and comments received from relevant stakeholders  10 July 30, 2019 20%;
3. Deliver report that should provide analysis of the following:

- Review of existing policies and plans for national, FBiH and sectoral development in the context of pollutions and environment protection that are related to polluters pay principle and including but not limited to Transport, Environment and Waste sectors
Review of international and regional policy context for actions and policy development in the context of polluters pay principle
Provision of recommendations for instituting polluters pay principle (PPP) by Environmental Fund of FBiH

Facilitation of working group discussions and presentation of this output to stakeholders including preparation of minutes and provision of conclusions together with information sharing with stakeholders and adjustments of the output based on inputs and comments received 30 October 30, 2019 60%

4. Final document containing:

- Review of all parafiscal charges in place in Federation of Bosnia and Herzegovina, and analyses of their implementation; and based on that and positive legal framework;  List of necessary regulations for instituting polluters pay principle (PPP) in FBiH within activities of Environmental Fund of the FBiH 5 December 30, 2019 10%

Competencies

Corporate competencies:

• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
• Treats all people fairly without favoritism;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment

Functional competencies:

• Strong interpersonal skills, communication and diplomatic skills, ability to work in a team
• Openness to change and ability to receive/integrate feedback
• Ability to work under pressure and stressful situations
• Strong analytical, reporting and ability to conceptualize and write concisely and clearly
• Excellent public speaking, presentation and moderation skills

Required Skills and Experience

Academic Qualifications/Education

• MSc degree in civil, economic, environment and law, preferably a combination of academic experience in both Environment and Law fields.
• PhD would be considered an asset.

Experience

• At least 15 years of experience in conducting research and providing consultancy services related to policy and legislative frameworks (experience in developing of relevant studies, reports, strategic documents in the field of environmental protection and waste management would be an asset);
• Proven experience in developing strategic and planning documents in field of environmental protection and waste management (experience from B&H preferred);
• Experience with preparation and implementation of public financial instruments. Specific experience with UNDP and GEF projects will be an advantage
• Experience in data collection and thorough identification of documents for at least 2 different projects (experience from B&H preferred);
• Experience working in developing country contexts preferred, particularly those related to the Western Balkan region
• Experience working with multilateral organizations and the UN system preferred.

Languages Requirements

• Knowledge of local languages and English (excellent writing, editing and communication skills) demonstrated in submitted one-page local and English segment of any relevant study/publication/written document compiled in order to assess language skills.

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:

Documents to Be Included When Submitting the Proposals

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

1. Proposal explaining why they are the most suitable for the work;
2. Completed and signed the Offeror’s template Confirming Interest and Availability (please follow the link: https://popp.undp.org/_layouts/15/WopiFrame.aspx?sourcedoc=/UNDP_POPP_DOCUMENT_LIBRARY/Public/PSU_%20Individual%20Contract_Offerors%20Letter%20to%20UNDP%20Confirming%20Interest%20and%20Availability.docx&action=default);
3. Latest personal CV, including past experience from similar projects, and email, telephone and any other contact details for references;
4. 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.
5. Methodology (document which contains brief explanation on approach to conduct the work)
6. One-page local and English segment of any relevant study/publication/written document compiled in order to assess language skills of the applicant.

Financial Proposal

Lump sum contracts
The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR.  In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diem, and number of anticipated working days).

Travel;
All envisaged travel costs must be included in the financial proposal.

Only candidates obtaining a minimum of 49 point would be considered for the Financial Evaluation

Criteria Weight  Max. Point
Technical  
Criteria A

• Methodology (document which contains brief explanation on approach to conduct the work) 40% 40

Criteria B

• At least 15 years of experience in conducting research and providing consultancy services related to policy and legislative frameworks (experience in developing of relevant studies, reports, strategic documents in the field of environmental protection and waste management would be an asset);  20% 20

Criteria C

• Knowledge of local languages and English (excellent writing, editing and communication skills) demonstrated in submitted one-page local and English segment of any relevant study/publication/written document compiled in order to assess language skills. 10% 10

Criteria D

• Ratings based on shortlisting criteria (Academic qualifications/education; Relevant professional experience; Work experience with UN Agencies) 30% 30

Financial
Price offer from candidate (lump sum offers in BAM, calculated using prevailing UN exchange rate) 30% 30

Long/Shortlisting Criteria
Criteria Points

• Academic Qualifications/Education max 20 points (10 points allocated for MSc/MA; + up to 10 points for PhD).
• Relevant professional experience:
• Proven experience in developing strategic and planning documents in field of environmental protection and waste management (experience from B&H preferred);Experience with preparation and implementation of public financial instruments. Specific experience with UNDP and GEF projects will be an advantage;Experience in data collection and thorough identification of documents for at least 2 different projects (experience from B&H preferred);Experience working in developing country contexts preferred, particularly those related to the Western Balkan region  Max 60 points
• Prior work experience with UN Agencies max 20 points

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.