Background

The objective of this Project is to accelerate implementation of energy efficiency measures in public buildings in Ukraine through the Energy service company (ESCO) modality, utilizing energy performance contract (EPC), by leveraging over significant private sector investment over its five-year implementation period as well as by introducing a Single Nationwide Energy Management Information Systems (EMIS) for Ukraine.

The project partners with numerous municipalities in Ukraine and aims, inter alia, to conduct at least 20 energy audits and further implement at least 10 pilot projects in selected public buildings to demonstrate the energy and cost-saving potential of energy efficiency measures.

As one of the ways to facilitate increasing investments in energy efficient reconstructions in municipal and other public buildings the Project commenced and continues to develop a Project-Supporting Platform (PSP). The PSP envisages providing different forms of expert support (including legal advise on energy sector legislation, projects, contractual arrangements, procurement practise etc.) for partner municipalities which in turn encourage municipalities to play a greater role in improving energy efficiency of public buildings with the obligatory condition of compliance with the requested sanitary and hygienic standards for the people stay indoors and to apply new financial and an organizational ESCO supporting models.

In order to ensure continued technical support of the Project Support Platform (PSP) during pilot projects implementation within the Project’s framework and to satisfy requests for legal advice from partner municipalities or other Ukrainian cities, when accepted by the Project, UNDP invites national candidates to send their applications for the POSITION OF ENERGY SECTOR LEGAL EXPERT who will provide legal advice and support to municipalities in planning and implementation of energy efficiency measures in public buildings sector.

Duties and Responsibilities

MAIN OBJECTIVES OF THE ASSIGNMENT

The objective of the assignment is to provide legal advice service to municipalities and the team on a wide range of matters and prepare legal documents related to planning and implementation of energy efficiency measures (projects) in public buildings (schools, hospitals, kindergartens etc.) in Ukrainian cities upon request from municipal authorities approved by the project.

DESCRIPTION OF RESPONSIBILITIES / SCOPE OF WORK

Under the overall supervision of the Project Manager and under direct and guidance of team Policy Expert, Energy Sector Legal Expert is to provide legal advice and support to selected municipalities in Ukraine to help them plan, implement and deliver innovative energy solutions in public buildings.

Summary of the scope of work:

 His/her duties will include but not limited to:

• Collaborate with municipalities (and/or an asset holder entity – e.g. municipal department of education or health care etc.) to agree the scope of legal advice and support services required.
• Help identify key challenges, vulnerabilities and emerging needs and/or decisions, if any, that municipality will have to make in support to implementation of energy efficiency measures (projects) in public buildings.
• Provide tailored legal advice on all aspects of energy /utilities law (including the Law of Ukraine  «On introducing new investment opportunities, guaranteeing rights and legal interests of businesses entities for conducting large-scale energy modernization» and Energy Efficiency Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012), construction law, procurement/tender law, environmental law and corporate law related to establishing municipal ESCO company.
• Consolidate existing practices, rules and regulations while clarifying the best option for implementing energy efficiency projects in public buildings.
• Research and propose optimal contractual arrangements and implementation mechanisms for energy efficiency project(s) based on best Ukrainian municipal practices;
• Provide legal advice and support (e.g. in drafting documents, contracts) throughout (complex) energy efficiency projects’ life cycle.
• Provide legal advice related to contractual arrangements and support in drafting contractual agreements, particularly related to Energy Performance Contracts (EPC) provided by ESCO.
• Perform extensive legal research and analysis and prepare legal opinions on legal issues (including complex or novel) arising from planning and implementation of energy efficiency projects in public buildings.
• Provide advice on other relevant issues as might be required.

DELIVERABLES

Up to 3 reports for each Consultant with extensive legal research and analysis or legal opinions on legal issue – as per requests from municipalities/ state authorise/ Project;

Legal advice in written form – as per requests from municipalities / state authorise/ Project.

The IC should start working on the report/legal opinion only upon receiving a formal request from the Project.

MONITORING REQUIREMENTS  

The Consultants will submit requested reports upon which payments shall be executed. The reports shall indicate the number of days worked and short details of tasks per day. The reports may be subject for quality clearance.

METHODOLOGY

The consultant will be primarily responsible for the achieving of the objectives of the assignment. The Consultant will report to the Project Manager and will work closely with representatives of Ukrainian municipalities (public assets holder entities). The methodology requires a clear focus on the objective of improving overall energy utilization and conditions of public buildings.

It is expected that the Consultant to sufficiently resource himself/herself in carrying the assignment (where it shall be included in the Financial Proposal).

IMPLEMENTATION ARRANGEMENTS, monitoring/REPORTING requirements

• The Consultant will be responsible for the delivery, content, quality and accuracy of services provided and documents prepared under this assignment.
• At UNDP side the contract implementation will be coordinated and supervised by Project Manager and the Consultant might be required to obtain his clearance of output document(s) to be delivered.
• Any copyrights and other kinds of intellectual property emerging in the course of contract implementation and produced by the Consultant under the contract shall be retained by UNDP.

TERMS OF PAYMENT

Payments under this contract are to be made after acceptance by the UNDP and/or Municipality of services delivered by the Consultant upon submission of invoice with short description of tasks performed.

Competencies

• Ability to take initiative.
• Excellent communication (both oral and written) skills.
• Demonstrated analytic capacity and ability to synthesize relevant collected information and findings.
• Builds strong relationships with clients, motivated by a willingness to respond rapidly and effectively to client needs.
• Consistently approaches work with energy and a positive, constructive attitude.
• Remains calm, in control and good humoured even under pressure.

Required Skills and Experience

Minimum requirements to qualifications and experience:

Education:

• Bachelor’s degree in Law. Master’s degree will be an advantage.

Experience:

•  At least 7 years of relevant professional experience in the practice of law with a law firm or a government (municipality).
• Understanding of energy matters will be an advantage.
• Understanding of construction law will be an advantage. Strong background in energy law and energy projects (a minimum of 3 years of working experience related to energy law development or energy projects implementation).
• Or strong background in construction law and construction projects (a minimum of 3 years of working experience related to energy law development or energy projects implementation) ?
• Experience with the ESCO business model and EPC contracts will be advantage.
• Understanding of the key issues faced by organization involved in energy and utilities sector, the political and regulatory background and the nature of work involved.
• Excellent analytical, advisory, communication and writing skills.
• Experience with energy management projects for local government in Ukraine will be a strong advantage.

Language Proficiency:

• Fluency in writing/speaking Ukrainian;
• Fluency in writing English will be an advantage.

1. DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS

Applicants shall submit the following documents:

Note: UNDP documents templates are available at the following link:

https://www.dropbox.com/sh/gl77bauo27ed0l9/AACGhkF0QmlC5dhm5HZutu2Fa?dl=0

FINANCIAL PROPOSAL

 Lump-Sum based on Delivery of Outputs

The financial proposal shall specify a lump sum amount per 1 carried report. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this amount and number of anticipated working days.

Travel costs

Travel within Ukraine (if needed to deliver expected results) will be paid in addition to this payment for service in accordance with the UNDP rules and procedures. Consultations regarding travel options will be held with the Project Manager prior to planning of the trips and relevant logistics.

In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and the Contractor, prior to travel and will be reimbursed. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the Contractor wish to travel on a higher class he/she should do so using their own resources.

EVALUATION OF APPLICANTS

Selection method: Selection based on pass/fail basis of below criteria and lowest price technically compliant offer.

Evaluation criteria:

• Bachelor’s degree in Law. - pass/fail
• At least 7 years of relevant professional experience in the practice of law with a law firm or a government (municipality). - pass/fail
• Strong background in energy law and energy projects (a minimum of 3 years of working experience related to energy law development or energy projects implementation). - pass/fail
• Or strong background in construction law and construction projects (a minimum of 3 years of working experience related to energy law development or energy projects implementation). - pass/fail
• Experience with the ESCO business model and EPC contracts will be advantage - pass/fail
• Experience with energy management projects for local government in Ukraine will be a strong advantage- pass/fail
• Understanding of the key issues faced by organization involved in energy and utilities sector, the political and regulatory background and the nature of work involved. Excellent analytical, advisory, communication and writing skills. - pass/fail