Background

The European Union (EU) is one of the major partners and funders of UNDP´s work. Currently, the EU and UNDP are partnering in 140 countries to deepen democratic governance, prevent or recover from conflict and natural disasters, build resilience and adapt to climate change. The EU and its Members States are jointly the world´s largest donor of development aid, with their official development assistance (ODA) having reached Euro 75.5 billion in 2016.

In the past decade, the Portuguese-speaking countries of Angola, Cabo Verde, Guinea-Bissau, Mozambique, Sao Tome and Principe, and Timor-Leste have experienced significant progress in economic governance. Recent public finance management reforms are the main reason for this success.

However, weaknesses, including inadequate institutional capacity, skills and human resources, continue to hamper their public administration and parliamentary systems. This situation has undermined, among other, effective public finance management, budgetary oversight and control of public resources, which has significant adverse impacts on other governance and development sectors.

In order to support the above referred countries addressing such challenges, the European Union, UNDP and the National Authorizing Officers for the European Development Fund (NAO EDF) in the PALOP1 and Timor-Leste partner to deliver the Project for Strengthening technical and functional skills of Supreme Audit Institutions, National Parliaments and Civil Society for the control of public finances in the PALOP and Timor-Leste (Pro PALOP-TL SAI) 2.

The Pro PALOP-TL SAI 1 project was fully funded by the European Union to promote economic governance in ACP Portuguese Speaking Countries (5 PALOP countries and Timor-Leste) and strengthened the technical and functional competencies of the Supreme Audit Institutions, Parliaments, and Civil Society in the field of public financial management.

The project enabled the capacity-building of beneficiary institutions, the development of skills, know-how and knowledge of oversight stakeholders. Therefore, the project had a real impact on people´s lives, and overall framework of public finance management and budget oversight in PALOP and Timor-Leste. The project´s implementation started in January 2014 and came to an end in December 2017. The 2017 Edition of the Global Parliamentary Report, produced by the Inter-Parliamentary Union (IPU) and UNDP has selected the Pro PALOP-TL SAI approach and actions to showcase at global level how to best promote “cooperation between parliament and supreme audit institutions”, so that legislatures can engage with SAIs to enhance control and oversight of public expenditure, and accelerate the delivery of SDG 5 and SDG 16.

Building from the previous success story of the Pro PALOP-TL SAI, the Programme for Consolidating Economic Governance and Public Finance Management Systems (PFMS) in the PALOP-TL (Pro PALOP-TL SAI (Phase II)) covers the second priority area of the 11th EDF PALOP-TL Multi-Annual Indicative Plan (MIP) “Governance capacity development”. The programme intends to improve economic governance in the PALOP-TL, with the specific objective to improve the performance of PALOP-TL countries on Public Finance accountability, effectiveness and transparency.

The proposed programme aims to expand and consolidate Pro PALOP-TL SAI’s initiatives and successes of South-South and Triangular Cooperation by supporting capacity development, further develop regional dialogue and deliver technical assistance in the above referred domain. Within this scope, it is proposed to focus the intervention on three domains for consolidating PFMS, where cooperation among PALOP-TL/EU is already underway and showed positive impacts, as well a regional added value, to obtain the following expected results:

1. The executives' capacities to ensure fiscal and budget transparency in the PALOP-TL are improved.

2. The supreme audit institutions and other relevant external control institutions' capacities to ensure external audit/control over PFMS in the PALOP-TL are enhanced.

3. The capacities of Parliaments and CSOs to ensure effective legislative oversight and social monitoring of PFMS in the PALOP-TL are strengthened.

The programme is developing a Facility to support and broker initiatives for capacity development, south-south and triangular cooperation, exchanges of experiences and "peer2peer" learning, with the expectation to foster institutional-based, process-based and human resources-based change and transformational dynamicsThe programme's beneficiaries were identified through the relevant 10th EDF programmes (PALOP-TL RIP and NIPs), as well as by means of a thorough mapping, analysis and diagnostic carried out along the implementation of the Pro PALOP-TL SAI between 2014 and 2016, complemented by an ad-hoc mapping consultation process in the 6 countries in 2016-2017. Given its successful experience in implementing the Pro PALOP-TL SAI, as well as in developing/providing institutional capacity development tools and processes, the EU and the UNDP have agreed to renew their partnership.

THE OPEN GOVERNMENT PARTHNERSHIP

The Open Government Partnership (OGP) is a voluntary global initiative aimed at building trust and fostering collaboration between governments and their citizens to improve development outcomes. The OGP is based on the idea that an open government is more accessible, more responsive, and more accountable to citizens, and that improving the relationship between people and their government has long-term, exponential benefits for everyone. In 2021 OGP celebrates ten years of existence.

This unique model ensures that civil society organizations or direct citizen engagement has a role in shaping and overseeing governments. OGP aims to secure concrete commitments from national and sub-national governments to promote open government, empower citizens, fight corruption, and harness new technologies to strengthen governance. Open government commitments are developed and implemented based on multi-stakeholder collaboration. Collectively, more than 4,000 such commitments have been made globally.

Seventy-eight countries and a growing number of local governments—representing more than two billion people— are members of OGP. To join the Open Government Initiative, governments have to commit to uphold the principles of open and transparent government by endorsing the Open Government Declaration. Additionally, they must meet the Core Eligibility Criteria and pass the OGP Values check, complying with requirements concentrated in four key-areas:  (a) fiscal transparency; (b) access to information; (c) public officials’ income and asset disclosures; and (d) citizens engagement.

Parliaments are key partners in delivering OGP reforms -- for example by taking legislative action, securing financial resources and building cross-party support. They can also play a critical role in providing oversight of OGP commitments. Moreover, under the Open Parliament component, parliaments have the opportunity to co-create with civil society parliamentary commitments focused on the parliamentary institution itself. Collectively, parliaments have a role to play in a quarter of all OGP commitments.

Timor-Leste is among the fourteen non-participating countries that as of June 2021 were considered eligible to join OGP.

POST LEGISLATIVE SCRUTINY

As parliament is responsible for adopting legislation, it also has a role in monitoring the implementation of legislation and evaluating whether the laws it has passed have achieved their intended outcomes. Because implementation is a complex task which does not happen automatically, parliament needs mechanisms to effectively monitor the implementation of legislation. Parliaments and elected representatives often have little information on what happens after a law is adopted. The focus is often on getting legislation made, not on checking how well it is being implemented and if it is being implemented at all.

After almost 20 years since its establishment, the National Parliament of Timor-Leste is approaching a new development phase, moving from a period of stabilizing operations to a stage of systematic capacity development and consolidation of its role within the democratic governance systems. While institutional foundations are largely in place, enabling the it to play its legislative and oversight roles, according to its constitutional mandate, improvements regarding public management, transparency and civic engagement remain.

Post-Legislative Scrutiny (PLS) is the practice used to monitor and evaluate the implementation of legislation, ensuring laws benefit constituents in the way originally intended by lawmakers. PLS is often carried out by parliamentary committees and is a prominent feature in well-established parliamentary democracies.  Post legislative scrutiny has recently been introduced at the National parliament of Timor-Leste and the outcomes of this practice have encouraged the Members of the Parliament to extend this practice to several areas. As part of its efforts to empower people, advance inclusive and accountable governance in Timor-Leste and strengthen economic governance and public financial management systems (including by strengthening transparency and efficiency of democratic oversight institutions and processes), UNDP seeks to support both country’s accession to the OGP and the institutionalisation of post-legislative scrutiny in the Parliament of Timor-Leste. In this regard UNDP seeks to engage an International Consultant as part of the Pro PALOP-TL SAI PFMS Project to undertake the tasks outlined below.

Duties and Responsibilities

B. OBJECTIVE OF THE ASSIGNMENT/SCOPE OF SERVICE

Under the overall guidance and direction of the Chief Technical Advisor of the Parliemant Prject the International Consultant is tasked to develop a roadmap for Timor-Leste’s accession to the Open Government Partnership as well as a roadmap for the introduction of a Post Legislative Scrutiny System in the Parliament. The assignment will cover the following specific tasks:

• In close coordination with the Government, Parliament and relevant institutions in Timor-Leste, develop a roadmap/action plan to facilitate country’s accession the Open Government Partnership;
• Develop an action plan and procedure for the National Parliament to establish a post legislative scrutiny unit that can assist committees and MPs to systematically evaluate the implementation of legislation;
• Research legal and policy opportunities within the Timorese framework, developing briefings and reports on potential actions aimed at complying with the OGP principles.
• Engage with civil society, train CSOs and youth networks on OGP aims and processes and support development of innovative civil society participation channels ensuring that multiple ideas and considerations are incorporated into the initiative.
• Provide technical and logistical support in Parliament’s sessions and committee hearings aimed at scrutinising government’s actions in the framework of the OGP accession.
• Oversee the overall activities related to the OPG (including design, implementation, monitoring and evaluation). Maintain calendars of activities, follow up on achievement of project’s milestones, analyse information and extract lessons on project activities, monitor progress towards targets.
• Engage and maintain good relations with international partners and foster innovative partnership approaches while concisely, clearly and convincingly communicating with relevant government and civil society partners.
• Ensure quality content and formal compliance with OGP global and regional guidelines and requirements on communications, branding and visibility.

C. EXPECTED OUTPUTS AND DELIVERABLES

D. DURATION OF THE ASSIGNMENT

110 working days from July 1st to November 30th, 2022                                           

E. DUTY STATION

Dili, Timor-Leste.

Competencies

Other Competencies:

• Excellent interpersonal skills: being able to listen and collaborate with a wide range of players, being able to work independently, being pro-active and taking initiative;
• Ability to manage workload individually and collaborate with a wide range of colleagues while meeting deadlines;
• Excellent logistics skills in organizing and successfully delivering high-level political events;
• Excellent writing skills, as well as strong analytical aptitude and strong communication skills;
• Excellent computer skills (MS Word, Excel, Power Point, online collaboration tools) are required.

Required Skills and Experience

F. QUALIFICATIONS OF THE SUCCESSFUL INDIVIDUAL CONTRACTOR

Education:

• Minimum Master’s degree in law, social sciences, public policy or related subjects.

Professional Experience:

• At least five (5) years of relevant professional experience directly working with/supporting government bodies, parliaments or international organization;
• At least (2) years providing technical and/or logistical support to an inter-governmental partnership or network;
• Experience in providing legislative advisory services;
• Experience in developing and/or implementing public consultation mechanisms;
• Experience organizing international events and high-level meetings.

Language Requirements:

• Fluency in written and spoken Portuguese and English is required. Excellent spoken, reading and writing skills.
• Working knowledge of Tetum is an asset.

G. Scope of Price Proposal and Schedule of Payments

         The financial proposal must be expressed in the form of a lump sum all-inclusive cost linked to deliverables specified in TOR Section C, supported by a breakdown of costs as per the template provided. Payments will be made upon successful submission and approval of each deliverable as per the timeline mentioned in TOR Section C.

H. Presentation of Offer

• Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP
• Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references;
• Financial Proposal that indicates the all-inclusive fixed total contract price, supported by breakdown of costs, as per template provided by UNDP.
• Technical Proposal:
  1.  Brief description of why the individual considers him/herself as the most suitable for the assignment;
  2. A methodology, on how they will approach and complete the assignment and work plan as indicated above.

I. Evaluation Method and Criteria:

Individual consultant will be evaluated based on the following methodology:

The award of the contract shall be made to the individual consultant whose offer has been evaluated and determined as:

1. Responsive/compliant/acceptable, and
2. 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%

Only candidates obtaining a minimum of 49 points (70% of the total technical points) would be considered for the Financial Evaluation.

Technical Evaluation (70%)

Qualification, Experience and Competencies (70 marks):

Qualification and Experience (40 marks) [evaluation of CVs for shortlisting]

• General Qualification (15 marks)
• Experience relevant to the assignment (25 marks).

Technical Proposal (30 marks)

• Technical Approach & Methodology (20 marks) – This explains the understanding of the objectives of the assignment, approach to the services, methodology for carrying out the activities and obtaining the expected output, and the degree of detail of such output. The Applicant should also explain the methodologies proposed to adopt and highlight the compatibility of those methodologies with the proposed approach.
• Work Plan (10 marks) – The Applicant should propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones, and proposed delivery dates. The work plan should be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan.

Financial Evaluation (30%):

The following formula will be used to evaluate financial proposal:

p = y (µ/z), where

p = points for the financial proposal being evaluated

y = maximum number of points for the financial proposal

µ = price of the lowest priced proposal

z = price of the proposal being evaluated

Annexes (click on the hyperlink to access the documents):

• Annex 1 - IC Contract Template (for information);

• Annex 2 -  Financial Proposal Template using the template provided by UNDP (to be completed at later stage upon request by UNDP);
• Annex 3 – IC General Terms and Conditions (for information);
• Annex 4 – RLA Template (if consultant wishes to be recruited through an employer) - (for information).
• Annex 5 - ToR

Incomplete applications will not be considered and will be disqualified automatically.