Background

The consultancy is planned within the Economic Governance for Growth (EGG) Project (2018-2021). The Project is primarily funded by the Government of the Kingdom of Norway and co-funded and implemented by the United Nations Development Programme (UNDP) in Bosnia and Herzegovina (BiH). As part of the UNDP BiH’s Rural and Regional Development Sector’s portfolio, the EGG Project works to improve economic development opportunities in BiH and generate employment in the most promising and growth-oriented industrial sectors.

Recognizing the importance of cultural and creative sectors in ensuring the continued development of the knowledge-intensive and creative local and regional economy, the project will work with the Sarajevo Canton Ministry of Economy to design and improve the relevant regulatory framework regarding the cultural and creative industries in the canton. Therefore, the main objective od this consultancy is to provide technical support to the Sarajevo Canton Ministry of Economy in the process of preparation of the legal framework that will enable the institutionalisation and stimulate the development of cultural and creative industries in the Sarajevo Canton.

Duties and Responsibilities

The Consultant will be tasked with reviewing the relevant legal frameworks (from the EU and neighbouring countries) that regulate the sphere of cultural and creative industries, so as to take stock of prevailing trends and help identify relevant models and approaches applicable to the cantonal legal framework. The Consultant will then consult key sectoral stakeholders, public and private, soliciting their inputs on the law’s subject matter and long-term viability. Finally, the Consultant will then develop a working draft version of the law, to include providing a universal definition of the scope of cultural and creative industry, as it applies to the Sarajevo Canton.

The Consultant will be responsible for the quality of inputs as validated by the Project Team and representatives of the Cantonal Ministry of Economy.

More specifically, the Consultant will have the following tasks: 

Task 1: Conduct desk research:

Firstly, the Consultant will meet with the Project Team and the Cantonal Ministry of Economy, so as to discuss the expectations for the assignment and the delivery deadlines in more detail. Subsequently, the Consultant will collect and review all relevant documentation on the subject (e.g. the study on creative industries in the Sarajevo Canton, EU policies and studies related to entrepreneurship and innovation in cultural and creative sectors, the OMC 2018 Report on the role of public policies in developing entrepreneurial and innovation potential of the cultural and creative sectors, etc.). 

The Consultant will then conduct a review of relevant legal frameworks, including the general EU framework, along with at least 2 European Union Member States and 1 – 2 neighbouring countries which have a codified approach to cultural and creative industries. A brief comparative legal review paper (up to 3 pages) highlighting best approaches and trends as per practices of the European Union/pre-accession countries will be produced and presented to the Project Team and the Cantonal Ministry of Economy. The paper will also review and examine any provisions governing the creative and cultural industries contained in existing domestic legislation so as to ensure full legal harmonization.

The time foreseen for this task is 5 days.

Task 2: Conduct consultations with key stakeholders:

The Consultant will conduct consultative meetings (individual and via focus group) with representatives of the cultural and creative industries, local governments from the Sarajevo Canton and other relevant organizations (e.g. development agencies, etc.) to ensure their voice and recommendations are embedded in the law-drafting process. Before the organization of the meetings, the Consultant will prepare the list of potential participants and meeting schedules and submit it to the Project Team for approval. The Project Team will facilitate the meetings as needed.

The time foreseen for this task is 7 days.

Task 3: Develop draft law: 

Based on the results of the desk research and consultative process with relevant stakeholders, the Consultant will work directly with the Sarajevo Canton Ministry of Economy on the preparation of the “Law on the Creative Industries of Sarajevo Canton”. The expert inputs and guidance will be based on the identified best approaches and practices from the European Union. The expert assistance will include support in drafting of the new Law taking into account the relevant EU legal framework, along with the definition of the creative industries that should be incorporated in the Law.

The time foreseen for this task is 15 days.

Deliverables/outputs:

The Project Team will closely oversee service provision, in continuous coordination and collaboration with the Consultant.
The service deliverables, including papers and all relevant materials, will be available for future use within the EGG Project and by the relevant stakeholders, as well as by other relevant projects. The entire service will be delivered in official languages of BiH.

The Consultant is responsible for the following deliverables:

Competencies

Corporate competencies:

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
• Treats all people fairly without favouritism;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.

Functional competencies:

• 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: Strong analytical, reporting and writing abilities, including the ability to convey complex concepts and recommendations, both orally and in writing, in a clear and persuasive style tailored to match target 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.

Required Skills and Experience

Academic Qualifications/Education:

• University degree in law, economics, public administration or another related field.
• Master’s degree will be considered an asset.

Experience:

• At least 7 years of relevant experience in the field of economic development, including specific experience in formulating and monitoring public policies and legal framework in this field in the EU or Western Balkan countries;
• Previous experience, practical work and delivery of technical assistance to relevant governmental bodies in the field of economic development policy reform;
• Previous experience in law preparation processes in the subject matter is a distinct asset;
• Demonstrated knowledge and understanding of the economic context and legal framework in BiH is considered an asset;
• Proven analytical skills and ability to conceptualise and write concisely and clearly;
• Proven communication, facilitation and advocacy skills, and ability to work in an environment requiring liaison and collaboration with multiple actors including government representatives, donors and other stakeholders.

Languages Requirements:

• Excellent writing and oral communication skills in in the official languages in Bosnia and Herzegovina and in English.

Other Requirements:

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

Qualification Requirements

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

Technical Evaluation

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:

• Proposal:

  • Explaining why they are the most suitable for the work;

• 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);
• 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.