Background

APPLICATION DISCLAIMER!!! ATTENTION!!!

All interested candidates SHOULD APPLY through new UNDP Supplier Portal (Quantum), following registration via Registration link   

Registration Instructions: Guide for UNDP Suppliers using Quantum portal

https://www.undp.org/sites/g/files/zskgke326/files/2023-04/Quantum%20Supplier%20registration%20brief%20manual%20UA%20v.3.pdf

Negotiation ID: UNDP-UKR-00201

Please DO NOT use “APPLY” button functional in this announcement, all applications received outside Quantum system WILL NOT BE considered.

UNDP Procurement Notices: 

Technical support on issues with registration: quantum.reg.ua@undp.org, please indicate Negotiation ID in subject. 

Given the direct and existential threat of the climate change, the European Union launched in 2019 a new regional initiative called EU4Climate, aiming to support the six Eastern Partnership countries (Armenia, Azerbaijan, Belarus, Georgia, Republic of Moldova, and Ukraine) to develop and implement climate-related policies based on the countries’ commitments under the Paris Agreement on Climate Change, the Association and Partnership Agreements with the EU, the Eastern Partnership policy initiative "20 Deliverables for 2020,” (in particular the climate-related Deliverables 15 and 16) and the UN 2030 Agenda for Sustainable Development (in particular SDG 13 on “Climate Action”). The project is funded by the European Union and implemented by the United Nations Development Programme. The project goal is to contribute to climate change mitigation and adaptation and the development towards a low-emissions and climate-resilient economy in line with the Paris Agreement in Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine. This project operates on both regional and country level. It supports regional cooperation, learning, knowledge exchanges and policy dialogue among the beneficiary countries, as well as between the countries and the EU partners.

All six countries are highly vulnerable to the adverse effects of climate change. An increase in extreme weather events, more frequent heat waves, forest fires and droughts, heavier precipitation and flooding are just some of the consequences, which are likely to enlarge the magnitude of disasters and to lead to significant economic losses, public health problems and deaths.

In order to implement its international commitments, Ukraine has already developed national legislation framework on both mitigation and adaptation, including the State Climate Policy Concept till 2030 and Action Plan to Implement State Climate Policy Concept till 2030 adopted in December 2016 and 2017 respectively. Both documents foresee detailed mitigation actions and only some basic steps on adaptation.

On 20 October 2021 the Government of Ukraine has endorsed a new strategy to make Ukraine a more environmentally safe and climate-resilient country, ready to meet the already unavoidable impacts of the global climate crisis in Ukraine. The Environmental Security and Climate Change Adaptation Strategy of Ukraine until 2030 will also contribute to the delivery of Ukraine's international obligations under the Paris Agreement.  It was developed with the support of the EU/UNDP EU4Climate Project. The strategy sets the framework for adaptation action in Ukraine, focusing on essential steps to assess climate impacts on society, economy and nature, integrating adaptation in sectoral and local policies, and ensuring the better use of climate data.

To continue the support of the Ministry of Environmental Protection and Natural Resources of Ukraine, the EU4Climate project is expected to provide expert support in developing the Climate Law of Ukraine which is one of Governmental priorities.

1. MAIN OBJECTIVES OF THE ASSIGNMENT

The overall goal of this assignment is to conduct a rapid and quality support to the development of the draft on climate law, identify the existing gaps and provide the conclusions and recommendations on the current EU practices for the Ministry of Environmental Protection and Natural Resources of Ukraine.

Duties and Responsibilities

1.DESCRIPTION OF RESPONSIBILITIES / SCOPE OF WORK

The Legal Expert will be responsible for conducting the following activities:

• Analyze the existing legislation to provide support in reviewing the Climate Law of Ukraine. Review the legal material and any other relevant documents and to identify the most important issues that need to be prioritized and resolved;
• Identify the gaps to ensure overall guidance to improve the draft of the law on climate;
• Draft legal documents enabling the integration of Paris Agreement on Climate Change, EU-UA Association Agreement, the UN 2030 Agenda for Sustainable Development, etc.
• Participate in the events related to the above-mentioned activities and make presentations whenever required
• Provide reports on all undertakings as relevant.

2.DELIVERABLES AND IMPLEMENTATION SCHEDULE

The incumbent will be responsible for the following specific deliverables:

3.Management arrangements

The Legal Expert will report to Project Manager of the project “EU4Climate” in Ukraine. The Expert will provide written monthly reports on the progress of activities and the key challenges and opportunities, and deliverables reports as required.

The expert will throughout work closely with Ministry of Environmental Protection and Natural Resources of Ukraine who will review all outputs.

1.Monitoring requirements / Terms of payment

The Legal Expert will work under the overall supervision of Project Manager of the project “EU4Climate” in Ukraine. The Expert will interact with UNDP to receive any clarifications and guidance that may be needed. The Expert will duly inform UNDP of any problems, issues or delays arising in the course of implementation of assignment and take necessary steps to address them.

Ministry of Environmental Protection and Natural Resources of Ukraine will review expert outputs. UNDP will be the final authority to control the quality and evaluate the work. The satisfactory completion of each of the deliverables shall be subject to the endorsement of the Project Manager. Each deliverable will be delivered in a draft for comments and feedback before finalization. No reports or documents should be published or distributed to third parties without the approval of UNDP.

All reports and results are to be submitted to UNDP in electronic form (*.docx, *.xlsx, *.pptx, and *.pdf or other formats accepted by UNDP).

UNDP will provide payment upon provision of each deliverable duly certified by UNDP in accordance with the tentative schedule below and offeror’s letter from the potential expert:

Deliverable 1. 25%

Deliverable 2. 20%

Deliverable 3. 15%

Deliverable 4. 40%

Competencies

1. Competencies

• strong technical and analytical capabilities;
• strong reporting and writing abilities;
• strong interpersonal and communication skills, resourcefulness, initiative, maturity of judgment, tact, and negotiating skills, and the ability to cope with situations which may pose conflict;
• integrity, modelled by the UN's values and ethical standards;
• sensitivity and adaptability to culture, gender, religion, nationality and age;
• openness to change and ability to receive/integrate feedback;
• ability to accommodate additional demands on short notice;
• ability to work under pressure and stressful situations;
• ability to manage heavy workload and solve complex problems with minimum supervision.

Required Skills and Experience

1.General Qualifications and Experience

Education:

• At least Specialist/Master’s degree in Law, Agricultural Science, Political Science, Public Administration, International relations, Environment, Energy, Climate Change, Business, Economics, Finance or other relevant area.

Experience:

• Legal experience in national legislation development, international law (specifically EU law) related to climate, environmental protection, Green Deal;
• Working experience with Government, civil society, private sector, international organizations in the format of direct contractual relations and/or in the format of joint participation in projects organized by such entities/institutions in climate change;
• Examples of drafting legislative acts or relevant commentary reports.

Languages:

• Fluency in Ukrainian and English is required.

2.Documents to be included when submitting the proposal

1. Financial Proposal

? Lump sum contract

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (please, refer to Section 4 Measurable outputs of the work assignment/deliverables). 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 Cost by Components.

4.Evaluation criteria

Criteria A: Education – 15 points max

At least Specialist/Master’s degree in Law, Political Science, Public Administration, International relations, Environment, Energy, Climate Change, Business, Economics, Finance or other relevant area – 15 points max {15 pts – PhD in relevant field; 13 pts – Master’s degree/ Specialist in the relevant field}.

Criteria B: Work Experience – 40 points max

• Legal experience in national legislation development, preferably climate, environmental protection, Green Deal – 20 points max

{20 pts – 5 years and more; 15 pts – 3-4 years; 12 pts – 2 years}

• Working experience with Government, civil society, private sector, international organizations in the format of direct contractual relations and/or in the format of joint participation in projects organized by such entities/institutions in climate change - 10 points max (10 pts – 5 years and more; 8 – 4-3 years; 6 pts – 2 years);
• Examples of drafting legislative acts or relevant commentary reports – 10 points max {10 pts

– 4 documents or more, 7 pts – 2-3 documents, 6 pts – 1 document}.

Criteria C: Language Skills – 15 points max {15 pts – fluency in Ukrainian and English; 12 pts – fluency in Ukrainian and not lower than the fundamental level of knowledge of English}.

Maximum available technical score – 70 points.

5.Cumulative analysis

When using this weighted scoring method, the award of the contract should be made to the individual contractor whose offer has been evaluated and determined as:

• responsive/compliant/acceptable, and
• 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 70% from the maximum available technical score (49 points) would be considered for the Financial Evaluation.

The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will equal to 30.

All other price proposals will be evaluated and assigned points, as per below formula:

30 points [max points available for financial part] x [lowest of all evaluated offered prices among responsive offers] / [evaluated price].

The proposal obtaining the overall cumulatively highest score after adding the score of the technical proposal and the financial proposal will be considered as the most compliant offer and will be awarded a contract.

APPLICATION DISCLAIMER!!! ATTENTION!!!

All interested candidates SHOULD APPLY through new UNDP Supplier Portal (Quantum), following registration via Registration link   

Registration Instructions: Guide for UNDP Suppliers using Quantum portal

Negotiation ID: UNDP-UKR-00201

Please DO NOT use “APPLY” button functional in this announcement, all applications received outside Quantum system WILL NOT BE considered.

UNDP Procurement Notices: 

Technical support on issues with registration: quantum.reg.ua@undp.org, please indicate Negotiation ID in subject.