Background

Purpose

To provide technical expertise in the field of law to the Ministry of Finance and Public Investment Management Unit during the review and monitoring of capital investment projects.

Objective

To enhance overall quality of the process of capital investments projects review and monitoring.

Background Information

The overall objective of the project is to contribute to the further improvement of the capacities of the Ministry of Finance for the efficient coordination and management of economic reforms and accession negotiations as well as for fulfilling the economic and political criteria for EU membership. The present proposal complements the Support to strengthening technical capacity and institutional development of the Ministry of Finance and coordination in the field of economic governance – Amendment 3 and foresees the provision of additional support for the implementation of the activities in the previous amendment.

Ministry of finance (MoF) adopted unique methodology - system for managing both planning and implementation of capital projects. On the basis of the unique Methodology, on 18 of July 2019 the Government of the Republic of Serbia (GoS) adopted a new Public Investment Management (PIM)  Decree that shall come into force as of January 2020 and shall apply to all capital projects regardless of funding source. New PIM system is aimed at strengthening the existing quality controls of capital projects, both at the planning and execution stages, institutionalized quality control points and installed new “gate-keeping” mechanisms, such as investment pre-selection, resolution of dormant projects and ex-post evaluation are.

New system is built to ensure the development of a single mechanism for all investments, regardless of the source of financing, in order to ensure a more active role of the MoF during preparation and monitoring of capital investments.

During April 2019, the GoS established the Capital Investment Commission (CIC), chaired by the Prime minister of Serbia, as a key decision-making point for capital projects, as stipulated by the new PIM Decree. The new PIM system is also enhanced by the establishment of the Public Investment Management (PIM) Unit at the MoF that will be dealing with capital investment planning and monitoring with direct reporting line to the CIC.

One of the priorities of the GoS is the construction and development of the Belgrade railway underground system – Belgrade metro, which has been announced as a project of primary importance by the GoS several times. The Belgrade metro system is technologically a very complex and demanding undertaking, both from the aspect of construction and from the aspect of exploitation and maintenance. Accordingly, the develpment of such transport systems also drives the development of the economy. The goal is to maximally engage domestic construction industry in the development of the subway system, to improve technical know-how and acquire new technologies. The development of the metro system in Belgrade will provide an increase of the level of knowledge and skills required in this project and will establish a technical and personnel base for upcoming projects.

Duties and Responsibilities

Scope of work

1. To assist MoF PIM Unit during the assessment of legal aspects of capital investment projects for the construction and development of Belgrade metro.
2. To provide recommendations to the MoF related to legal aspects of capital investment projects for the construction and development of Belgrade metro in accordance with relevant legal requirements.
3. To assist MoF PIM Unit during monitoring of implementation of capital investment projects for the construction and development of Belgrade metro from the legal perspective.

Deliverables and timelines

The consultant is responsible for the following deliverables:

All deliverables will have to be submitted electronically in Serbian language and quality reviewed and approved or accepted by the Technical Advisor – Organizational Restructuring and Delivery Unit Coordinator.

Competencies

• Consistently ensures timeliness and quality of project work;
• Demonstrates strong oral and written communication skills;
• Evidence of ability to express ideas clearly; to work independently and in teams;
• Ability to summarize and systematize complex information and identify priorities for follow up activities;
• Shares knowledge and experience;
• Focuses on results and responds positively to feedback;
• Proven experience with developing change management programs or projects;
• Excellent organizational and communication skills;
• Full computer literacy.

Required Skills and Experience

Education:

• Bachelor degree in Law.

Qualifications:

• 5 years of relevant working experience in providing legal advisory services;
• Experience in providing legal services to national and international clients in the area of corporate law;
• Experience with capital investment projects;
• Experience in collaborating with the public sector, city or state administration is considered as asset;

Language:

• Excellent speaking and writing skills in Serbian and English language.

DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS

Application Procedure:

Qualified and interested candidates are asked to submit their applications via UNDP Web site: UNDP in Serbia under section “Jobs” no later than 29 August 2021.

Application should include: 

• CV in English language containing date of birth, contact information (home address, phone number, e-mail) and timeline of work experience (including description of duties).  
• Offeror’s Letter (only PDF format will be accepted) confirming Interest and availability for the Individual Contractor (IC) Assignment. Can be downloaded from the following link: http://www.undp.org.rs/download/ic/Confirmation.docx.

In order to apply please merge above listed documents into a single PDF file. The system does not allow for more than one attachment to be uploaded.

Any request for clarification must be sent by standard electronic communication to the e-mail vacancy.rs@undp.org. The procuring UNDP entity will respond by standard electronic mail and will send response, including an explanation of the query without identifying the source of inquiry, to all consultants.

The shortlisted candidates may be asked to provide copies of diplomas and any other certificates providing evidence of their education and experience in relevant fields.

Financial Proposal

Evaluation

*Relevant working experience must be clearly demonstrated through submitted CV.

Additional Information:

• Individual Contract (IC) will be applicable for individual consultants applying in their own capacity.  If the applicant is employed by any legal entity, IC would be issued upon submission of Consent letter from the employer acknowledging the engagement with UNDP. Template of General Conditions on IC could be found on: https://rs.undp.org/content/dam/serbia/downloads/General%20Conditions%20for%20Individual%20Contracts.pdf
• Reimbursable Loan Agreement (RLA) will be applicable for applicants employed by any legal entity. Template of RLA with General Terms and Conditions could be found on: https://www.undp.org.rs/download/RLA%20with%20General%20Terms%20and%20Conditions.doc. In the case of engagement of Civil servants under IC contract modality a no-objection letter should be provided by the Government entity. The ‘no-objection’ letter must also state that the employer formally certifies that their employees are allowed to receive short-term consultancy assignment from another entity without being on “leave-without-pay” status (if applicable), and include any conditions and restrictions on granting such permission, if any. If the previous is not applicable ‘leave-without-pay’ confirmation should be submitted.

Engagement of Government Officials and Employees

• Government Officials or Employees are civil servants of UN Member States.  As such, if they will be engaged by UNDP under an IC which they will be signing in their individual capacity (i.e., engagement is not done through RLA signed by their Government employer), the following conditions must be met prior to the award of contract:

(i)       A “No-objection” letter in respect of the individual is received from the Government employing him/her, and;

(ii)     The individual must provide an official documentation from his/her employer formally certifying his or her status as being on “official leave without pay” for the duration of the IC.

• The above requirements are also applicable to Government-owned and controlled enterprises and well as other semi/partially or fully owned Government entities, whether or not the Government ownership is of majority or minority status.  

UNDP recognizes the possibility that there are situations when the Government entity employing the individual that UNDP wishes to engage is one that allows its employees to receive external short-term consultancy assignments (including but not limited to research institutions, state-owned colleges/universities, etc.), whereby a status of “on-leave-without-pay” is not required.  Under such circumstance, the individual entering into an IC with UNDP must still provide a “No-objection” letter from the Government employing him/her.  The “no objection” letter required under (i) above must also state that the employer formally certifies that their employees are allowed to receive short-term consultancy assignment from another entity without being on “leave-without-pay” status, and include any conditions and restrictions on granting such permission, if any.  The said document may be obtained by, and put on record of, UNDP, in lieu of the document (ii) listed above.