Background

Financed by the Government of Switzerland and implemented by the United Nations Development Programme (UNDP), the Municipal Environmental and Economic Governance (MEG) Project is an intervention in the domain of local governance in Bosnia and Herzegovina. The Project’s overall goal is defined as follows: Local governments (LGs), assigned with appropriate competences and finances, have improved their democratic governance, apply sound public policy and performance management systems, and provide public services in an inclusive, effective and efficient manner, particularly those related to economic and environmental sectors. The expected concrete improvements the Project will contribute to are clustered in three outcomes, as follows:

  • Outcome 1: Supported local governments apply effective development management systems characterized by stronger oversight of the legislative and greater accountability towards the citizens.
  • Outcome 2: Citizens and businesses in target localities benefit from good quality services provided by LGs in the economic and environmental sectors.
  • Outcome 3: Improved regulatory framework at higher and local government levels and pro-active networking accelerate sector-specific reforms and enable more effective local public service delivery.

The Project’s territorial focus is on the North-West part of the country (including Una-Sana Canton and Prijedor region) and the North-East region (the wider Doboj-Tuzla area), covering 18 partner LGs: Bihac, Bosanska Krupa, Cazin, Doboj, Gracanica, Gradacac, Gradiška, Kalesija, Kostajnica, Kozarska Dubica, Prijedor, Prnjavor, Sanski Most, Tešanj, Teslic, Tuzla, Velika Kladuša and Žepce.

The Project is implemented in partnership with the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina, the Ministry of Development, Entrepreneurship and Crafts of the Federation of Bosnia and Herzegovina (FBiH), the FBiH Ministry of Agriculture, Water Management and Forestry, the Ministry for Administration and Local Self-Government of Republika Srpska (RS), the RS Ministry of Agriculture, Forestry and Water Management and both entity Associations of Municipalities and Cities (AMCs).
The Government of Una-Sana Canton (USC) passed the Law on Public-Private Partnership (PPP) in 2012, but there haven’t been any noteworthy examples of its practical application so far. After the USC Government adopted and published a list of potential PPP projects in the healthcare sector in June last year, three private companies expressed interest in these projects. However, practical implementation of these projects was hampered mainly due to shortcomings in the existing legal framework for PPP. Namely, among other obstacles, there is a need to harmonize the regulations governing the PPP matters with the Law on Public Procurement and the Law on Principles of Local Self-Government in the Federation of Bosnia and Herzegovina.
Representatives of the USC Government initiated the adoption of a new cantonal PPP law, set up a working group and addressed the MEG Project to provide technical assistance in the process. It was agreed that support would include the process of drafting laws and by-laws, as well as strengthening the institutional, operational and personnel capacities for the practical application of regulations. In order to prepare all instruments necessary for the practical realization of PPP projects in the USC as efficiently as possible, MEG Project will engage a Public-Private Partnership Consultant for USC Government (the Consultant).
The purpose of this consultancy is to provide expert assistance to USC institutions in establishing an effective regulatory framework and building their capacity to implement the PPP mechanism in the improvement of public services.    
The objective of this consultancy is to assist in preparation of a new cantonal law on PPP, accompanying by-laws and instruments, as well as strengthening the capacity of the USC Government in the practical application of these regulations.

Duties and Responsibilities

The Consultant will provide expert support to the USC Government through technical assistance in preparing rules and regulations necessary for comprehensive setup of the PPP mechanism, training of government employees on the practical application of these regulations, as well as through limited on-hand technical support.
The entire service will be delivered in the languages of BiH peoples. The expected timeframe for delivery of the service is May-December 2019.
More specifically, the Consultant will be expected to perform the following tasks:
Task 1 – Support in development of regulations and other instruments  
As a first task, the Consultant will provide expert support in the preparation of draft law and other required legal instruments. This support will include working in close cooperation with representatives of the USC Government and a working group formed to prepare the draft law. The Consultant will ensure that the support in legislative drafting is in line with the relevant rules governing the process and methods for making regulations.
Depending on the needs and procedures, expert support can include preparation of initial analyses and guidelines, preparation of the first working version of the law, participation at the meetings of the working group, incorporation of comments in the draft law, etc. The Consultant will also make him/herself available, as and when needed, for public hearings, presentations of proposed legal solutions to decision-makers, and other similar occasions during the process of preparation of the draft law.
The Consultant will also provide support in the preparation of the most important by-laws and other tools/instruments envisaged by the draft law, which are necessary for the immediate and effective application of the law once adopted.
When needed, the Consultant is expected to travel to Bihac in order to attend meetings of the working group, other meetings where the draft law is discussed, public debates, and the like. The Consultant will perform all activities and deliver required outputs in constant coordination with the MEG Project.
It is envisaged that this task will be delivered by the end of June 2019 and the level of effort will not exceed 22 expert days.

Task 2 – Trainings and limited technical support 
As a second task, the consultant will design and deliver a training program, taking into account the existing PPP legislative situation, recognized needs of the USC Government representatives, as well as expected potential needs and processes that might be the result of new regulations once adopted.
Consultant will develop two (2) to three (3) training modules which will be delivered in no more than three (3) training days in total. Hence, training event will not take more than one (1) day to be delivered, regardless of the number of modules. Once the training program is provided to the MEG Project and approved, the Consultant will start delivering the training to the USC Government employees. Training events will be organised in Bihac.
The situation analysis and needs assessment, based on which the training program is to be prepared, will be carried out by the consultant in the period of his/her assistance in the process of legislative drafting. This means that the Consultant is expected to complete the development of the training program by mid-June, while the training should be delivered by mid-December. The organization and logistics of training events will be provided by the USC Government and the MEG Project, while Consultant is expected to prepare training materials independently.
The focus of the training program will be on the practical side and implementation of the newly adopted PPP mechanism, such as the selection and preparation of a PPP project, carrying out procedure of selection of a private partner, and other practical tools for the realization and finalization of a PPP project. While designing training program, the Consultant will clearly present and make a distinction between solutions, procedures and roles in the existing against the new regulations. The Consultant will propose number and structure of trainees, bearing in mind the role of civil servants in the application of PPP regulations. The Consultant will induce interaction and make sure that the participants are involved as much as possible, and that the training includes specific examples, tasks, problem and risk solving, etc.  
In this period, and especially if the PPP Law and accompanying bylaws are adopted, the Consultant will provide technical support to employees of the USC Government through counseling, mentoring and participating in preparation of various outputs that are relevant in the eventual practical preparation and implementation of the PPP project, and through support in any other process related to the practical application of PPP regulations. This technical assistance will be provided on continuous basis, either in person or through phone/email.
While the Consultant is not expected to produce documents, or be present throughout the whole process, he/she will provide advices, substantive inputs and comments, ensure quality of outputs and provide templates if needed. This task will be delivered in close cooperation with the MEG Project.
It is envisaged that this task will be delivered by mid-December 2019, and the level of effort will not exceed 18 expert days.

Task 3 – Reporting
The Consultant is expected to submit one mid-term (by the end of September) and one final report for the consultancy by the end of his/her assignment. Both reports will outline conducted activities, include major findings and recommendations for potential further improvements of PPP mechanisms in USC.
It is envisaged that this task will be delivered by mid-December 2019, and the level of effort will not exceed 2 expert days.


Deliverables/outputs
Deliverables / outputs # of days per task Due date Percentage
Task 1 – Support in development of regulations and other   instruments

  • Expert support provided and draft law and other legal instruments prepared.
  • Expert support and participation in public hearings, meetings, presentations, etc. provided.  22 June 30, 2019. 52.38%

Task 2 – Trainings and limited technical support

  • Training program designed and delivered.
  • Limited technical assistance to USC Government employees provided.  18 December 13, 2019. 42.85%

Task 3 – Reporting

  • Mid-term report prepared, submitted and approved by MEG project. 1 July 5, 2019. 4.76%
  • Final report prepared, submitted and approved by MEG project.   1 December 17, 2019. 

Competencies

Corporate Responsibility and Teamwork:

  • Demonstrates commitment to UNDP’s mission, vision and values;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Plans, prioritizes and delivers tasks on time;
  • Strives for and promotes excellence in performance continually;
  • Participates effectively in a team-based, information-sharing environment, collaborating and cooperating with others;
  • Generates ideas and seizes opportunities to support corporate strategic objectives.
     

People Skills:

  • Demonstrated ability to work harmoniously with persons of different national and cultural backgrounds;
  • Recognizes and responds appropriately to the ideas, interests, and concerns of others;
  • Builds trust and engenders morale by displaying open, transparent and credible behavior;
  • Respects individual/cultural differences; utilizes diversity to foster teamwork;
  • Ensures others’ understanding of, involvement in, and adaptation to a change process.

Partnering and Networking:

  • Communicates sensitively and effectively across different constituencies;
  • Ability to work as a member of a team as well as work autonomously.

Results-Orientation:

  • Plans and ensures quality results to meet established goals.

Communication:

  • Formulates written information clearly and persuasively;
  • Shares information openly with co-workers and partners while using discretion to protect confidences;
  • Presents information in a clear and articulate manner.

Job Knowledge and Expertise:

  • Progressive knowledge of Public-Private Partnership frameworks, practices, examples, challenges and processes;
  • Knowledge of matters related to public financing with the emphasis on the local level;
  • Strong analytical skills;
  • Strong facilitation and coordination skills;
  • Advanced presentation skills;
  • Advanced writing skills;
  • Executes day-to-day tasks systematically and efficiently;
  • Initiative and sound judgment.

 

Required Skills and Experience

Academic Qualifications/Education

  • University degree in economics, law, business administration, public administration, development studies or a related field.

Experience

  • At least 5 years of extensive experience in economic development, local development, business development, capacity development or delivery of technical assistance to public and/or private sector;
  • Proven experience in legislative drafting and reforms, preferably in the area of public financing and/or public-private partnership;
  • Practical experience in development and implementation of PPPs, particularly relevant for the issues at the cantonal and/or local level;
  • Experience in training design and delivery to complex groups;

Languages Requirements

  • Fluency in official Bosnia and Herzegovina languages, and in English.

Other Requirements

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

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:
o Cover Letter;
2. Financial proposal
3. Personal CV including past experience in similar projects and at least 3 references; 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;

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.

Criteria Weight  Max. Point
Technical  

  • Proven experience in legislative drafting and reforms, preferably in the area of public financing and/or public-private partnership; 35% 35
  • Practical experience in development and implementation of PPPs, particularly relevant for the issues at the cantonal and/or local level; 20% 20
  • Experience in training design and delivery to complex groups;  15% 15

Financial 30% 30

Shortlisting/Qualification Criteria
Criteria Points

  • Relevant Education (University degree in economics, law, business administration, public administration, development studies or a related field) max 10 points (5 points allocated for BA/BSc degree; + 3 points for MSc/MA; + up to 2 points for PhD).
  • Relevant professional experience (minimum 5 years) max 17 points
  • Knowledge of English and languages of BiH people max 3 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.