Background

Purpose

The purpose of this consultancy is to facilitate the consultation process between the Government of the Federation of Bosnia and Herzegovina (FBIH), as a proponent of legislation, and the Association of Municipalities and Cities of the FBIH (hereinafter: FBIH AMC), providing also suggestions for quality improvements of the current draft legislation pertaining to concessions, especially when it comes to the position and interest of local authorities.

Objective

The aim of this consultancy is to provide expert support to the joint working body of the FBIH Ministry of Physical Planning (hereinafter: FBIH MPU) and the FBIH AMC, as well as to prepare relevant legislative text to be included in the draft Law on Concessions (hereinafter: Draft Law). This technical assistance will seek to address shortcomings of the Draft Law as identified by local authorities in the FBIH and help in reaching an agreement about specific legislative solutions.

Background Information

Financed by the Government of Switzerland and implemented by the United Nations Development Programme (UNDP), the Municipal Environmental and Economic Governance (MEG) Project is a newly-launched 12-year intervention in the domain of local governance in Bosnia and Herzegovina. The Project’s overall goal is defined as follows: Local governments, assigned with appropriate competences and finances, have improved their democratic governance, apply sound public policy and performance management systems, and provide public services in an inclusive, effective and efficient manner, particularly those related to economic and environmental sectors. The expected concrete improvements the Project will contribute to are clustered in three outcomes, as follows:

  • Outcome 1: Supported local governments apply effective development management systems characterised by stronger oversight of the legislative and greater accountability towards the citizens.
  • Outcome 2: Citizens and businesses in target localities benefit from good quality services provided by LGs in the economic and environmental sectors.
  • Outcome 3: Improved regulatory framework at higher and local government levels.

The Project’s territorial focus is on the North-West part of the country (including Una-Sana Canton and Prijedor region) and the North-East region (the wider Doboj-Tuzla area), covering 18 partner local governments: Bihac, Bosanska Krupa, Cazin, Doboj, Gracanica, Gradacac, Gradiška, Kalesija, Kostajnica, Kozarska Dubica, Prijedor, Prnjavor, Sanski Most, Tešanj, Teslic, Tuzla, Velika Kladuša and Žepce.

The Project is implemented in partnership with the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina, the FBIH Ministry of Development, Entrepreneurship and Crafts, the FBIH Ministry of Agriculture, Water Management and Forestry, the Ministry for Administration and Local Self-Government of Republika Srpska (RS), the RS Ministry of Agriculture, Forestry and Water Management and both Entity AMCs.

The FBIH Government adopted the Draft Law on Concessions which is currently in the parliamentary procedure. The House of Representatives of the FBIH Parliament adopted the Draft Law on June 14, 2017.  

As a follow-up of conclusions made at the second session of the FBIH AMC Presidency held on September 27, 2017, the FBIH AMC urged the FBIH Government and the House of Peoples of the FBIH Parliament to withdraw the Draft Law from the parliamentary procedure. In its request, the FBIH AMC stated that the proposed Draft Law did not recognize the local self-government and it is not in the interests of local communities. On September 13, 2017 the FBIH AMC organized a public discussion for its members about the Draft Law. At the 14th extraordinary session of the House of Peoples of the FBIH Parliament held on November 9, 2017, the Draft Law was withdrawn from the parliamentary procedure at the request of the FBIH Prime Minister.

As per FBIH AMC, the Draft Law does not provide possibility for local governments to act as a concession awarding authority at least within their core competencies. Municipalities and cities in the FBIH clearly voiced their opinion that such a solution in the Draft Law is in contradiction with the European Charter of Local Self-Government and the Law on Principles of Local Self-Government in the FBIH. The interest of local authorities in concessions is considerable since this instrument can be used for the purpose of local economic development, provided that relevant legislation at the entity and cantonal level recognizes the position of local authorities in this area and allows them to autonomously award concessions in those fields falling under their core functions.

With this project activity, the MEG Project intends to provide expert assistance to the FBIH MPU as a proponent of the Draft Law and to the FBIH AMC in fostering constructive dialogue on the Draft Law and formulating legal solutions that will reflect the authentic standpoint and interests of local authorities in the FBIH. In this way, vertical coordination and consultation with local authorities in the decision-making processes will be supported, while contributing to the improvement of a specific legislative proposal that is of great importance for local authorities and which is already in the parliamentary procedure.

Duties and Responsibilities

The Consultant will initially collect and analyse all the relevant documentation and materials necessary for the successful completion of the assignment. Based on the analysis of collected materials, the Consultant will prepare preliminary proposals of legislative solutions and improvements. Once the analysis and preliminary proposals are completed, the Consultant will actively participate and contribute to a more constructive consultation process between the FBIH MPU and the FBIH AMC. Finally, based on conclusions and agreements resulting from the consultation process, the Consultant will prepare a draft text that will be incorporated in the Draft Law.

More specifically, the Consultant will have the following tasks:

Task 1: Collection and analysis of relevant materials, preparation of preliminary proposals   

The Consultant will initially collect all relevant documentation and materials that will be provided by the FBIH MPU and the FBIH AMC. The Consultant will then analyse collected documentation, with the focus being on the problems and objections raised by the AMC. The Consultant will likewise analyse other elements of the Draft Law that are not directly referred to by the FBIH AMC, if their improvement can contribute to a more efficient application of the law by local authorities. Based on the analysis of all relevant materials, the Consultant will prepare preliminary proposals for possible improvements of the Draft Law, along with reasoning behind given proposals. When designing preliminary proposals, the Consultant will take into account principles and solutions in the existing relevant legislation in the FBIH, as well as relevant international instruments and good practices.

The Consultant will send preliminary proposals to representatives of the FBIH MPU and the FBIH AMC, as well as to the MEG Project, as a preparatory material for the forthcoming working discussion and consultations.            

It is envisaged that this task will be delivered by the end of February 2018 and the level of effort will not exceed 5 expert days.

Task 2: Support in the consultation process   

The second task includes participation and support in the process of consultation between the FBIH MPU and the FBIH AMC.

The Consultant will participate in the work and meetings of a joint working body of the FBIH MPU and the FBIH AMC, which will deliberate about the remarks to the Draft Law made by the representatives of local authorities. Expert support to the working body implies both participation in meetings, as well as continuous communication and correspondence as needed. The Consultant will be in constant contact with the representatives of the FBIH MPU and the AMC and, if necessary, organize individual meetings in order to gather as much relevant, technical details as possible necessary for the preparation of quality legislative solutions. 

The Consultant will be at disposal to address all questions the working body may have, present the results of the analysis and preliminary proposal, participate in the discussion, present different options and possibilities, propose concrete solutions for specific issues, and in other ways provide professional support in finding common conclusions and suggestions, and thus contribute to the successful completion of the consultation process.

It is envisaged that this task will be delivered by mid-March 2018 and the level of effort will not exceed 5 expert days.

Task 3: Preparation of a legislative text

As a final task, based on conclusions and proposals arising from the consultation process, the Consultant will prepare a text that is suitable to be included in the Draft Law. Apart from drafting provisions of the Draft Law, preparation of the text shall also include drafting relevant parts of the explanation notice of the Draft Law according to applicable law-making rules. Prepared text will be presented to the FBIH MPU and the AMC for their comments and suggestions, after which the Consultant will prepare the final version of the legislative text. If necessary, the Consultant will conduct an additional round of consultations with the aim of harmonizing positions on certain issues and details of the legislative text.

It is envisaged that this task will be delivered by the end of March 2018 and the level of effort will not exceed 7 expert days.

Deliverables and timelines

The consultant is responsible for the following deliverables:

Task 1: Collection and analysis of relevant materials, preparation of preliminary proposals

  • All relevant materials and documentation collected, and analysis conducted; Preliminary proposals for legislative improvements along with adequate reasoning prepared - End of February 2018, (5 expert days);

Task 2: Support in the consultation process

  • All necessary expert support provided to the joint working body in the consultation process (participation at the meetings, addressing technical issues and questions, presentation of concrete proposals and solutions, etc.) - Mid-March 2018,  (5 expert days);

Task 3: Preparation of a legislative text 

  • Legislative text (including relevant explanation notice) prepared and presented to the FBIH Ministry and AMC; Following eventual comments, final version of the text prepared - and of March 2018, (7 expert days).

Competencies

Corporate Responsibility and Teamwork:

  • Demonstrates commitment to UNDP’s mission, vision and values;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Plans, prioritizes and delivers tasks on time;
  • Strives for and promotes excellence in performance continually;
  • Participates effectively in a team-based, information-sharing environment, collaborating and cooperating with others;
  • Generates ideas and seizes opportunities to support corporate strategic objectives.

People Skills:

  • Demonstrated ability to work harmoniously with persons of different national and cultural backgrounds;
  • Recognizes and responds appropriately to the ideas, interests, and concerns of others;
  • Builds trust and engenders morale by displaying open, transparent and credible behavior;
  • Respects individual/cultural differences; utilizes diversity to foster teamwork;
  • Ensures others’ understanding of, involvement in, and adaptation to a change process.

Partnering and Networking:

  • Communicates sensitively and effectively across different constituencies;
  • Ability to work as a member of a team as well as work autonomously.

Results-Orientation:

  • Plans and ensures quality results to meet established goals.

Communication:

  • Formulates written information clearly and persuasively;
  • Shares information openly with co-workers and partners while using discretion to protect confidences;
  • Presents information in a clear and articulate manner.

Job Knowledge and Expertise:

  • Previous experience, practical work and delivery of technical assistance to local and other governments in the field of policy reform;
  • Experience in the field of concessions, public investments, development of services of general economic interest and other relevant fields would be considered as an asset;  
  • Previous experience in legislating processes in the subject matter is a distinct asset;
  • Experience in public policy research and analysis;
  • Excellent communication and facilitation skills;
  • Excellent knowledge of the broader local governance policy and regulatory frameworks in Bosnia and Herzegovina.

 

Required Skills and Experience

Education:

  • University degree in law, economics, public administration, or any other relevant field.
  • Advanced degree will be an asset.

Experience:

  • At least 7 years of relevant professional experience related to practical work and delivery of technical assistance to relevant governmental bodies in the field of public policy and legislative reforms;
  • Excellent analytical skills, and ability to conceptualize and write concisely and clearly.  

Language requirements:

  • Fluency in official languages of Bosnia and Herzegovina;
  • Fluency in English is an asset.

Other: 

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

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%

Only candidates obtaining a minimum of 49 points for technical criteria assessment would be considered for the Financial Evaluation.

Applicants are required to submit an application including:

Please scan all above mentioned documents and upload as one attachment only online through this website.

Note:

  • For an assignment requiring travel, consultants of 62 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.

Technical  criteria:

  • Previous experience, practical work and delivery of technical assistance to local and other governments in the field of policy reform - WeightL 20%, Maximum points: 20;
  • Experience in the field of concessions, public investments, development of services of general economic interest and other relevant fields would be considered as an asset - Weight: 30%, Maximum points: 30;
  • Previous experience in legislating processes in the subject matter is a distinct asset - Weight: 20%, Maximum points: 20;

Financial criteria: Weight: 30%, Maximum points: 30;