UNDP Jobs - 88071- Legal Expert – consultancy for updating the legisl

Legal Expert – consultancy for updating the legislative framework related to public services in Georgia

Location :

Tbilisi, GEORGIA

Type of Contract :

Individual Contract

Starting Date :

Application Deadline :

25-Oct-19 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

Languages Required :

English

Expected Duration of Assignment :

25 consultancy days during November 2019 – January 2020

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

Georgia has made significant progress in the development of public services. The rapid transformation by utilizing e-Governance tools and modern approaches has made public services in Georgia more transparent, accessible and comfortable for citizens. However, the positive changes in service delivery lacked the coherent unified framework and the progress was uneven across the sectors. Many elements of a complex business cycle were developed on an ad-hoc basis, while some technical and IT solutions have relied heavily on the expertise of individual employees. Lack of general framework that would ensure predictability and accessibility of innovative services and use of replicable methodologies and quality assurance systems by service provider agencies has proved to be a significant challenge in further improving public services in Georgia.

With the goal to solve the problem, the Government of Georgia (GoG) started working on developing unified standards for public service design and delivery that will be universal across all public service provider agencies. The leading role in this endeavor was granted to one of the key national entities responsible for service delivery - the Public Service Development Agency (PSDA). The activity falls under the Service Delivery pillar of the “Public Administration Reform (PAR) Roadmap 2020.”

With assistance of international and local experts “State Strategy on development of Public Service Delivery” has been drafted. The document offers a set of common guiding principles and approaches on the design, delivery, pricing and quality assurance of public services in Georgia. The document will create grounds for the subsequent gradual adaptation and harmonization of the service quality standards across the service provider agencies. It will also enhance the ability of AoG to offer unifying policy guidance and develop the capacity of PSDA to assist other agencies in improving the overall standards of public service delivery (including electronic public services), in line with current best practices. The draft has been approved by the PAR Council’s Service Delivery Working Group and is currently pending Government approval. Implementation of the new policy on public services will require a number of legislative amendments.

Duties and Responsibilities

The overall objective of the consultancy is to support the Administration of the Government (AoG), LEPL Public Service Development Agency (PSDA)and Data Exchange Agency (DEA) in reviewing and updating the legislative framework related to public services (including electronic public services), in order to successfully implement the new service design and delivery policy. The consultant will study the existing legislation to reveal any gaps or obstacles impeding implementation of the policy and suggest necessary amendments in the background of the OECD/SIGMA Principles of Public Administration and its service delivery methodological framework. The consultant will also draft the legislative amendments as needed.

Under the direct supervision of the PAR Project Manager and in close cooperation with relevant AoG, PSDA and DEA team, the legal expert is expected to assume following duties and responsibilities:

Get familiar with the “Policy Document on Common Principles of Service Design and Delivery”, Public Service Delivery Baseline Assessment report, OECD/SIGMA Principles of Public Administration and its methodological framework and other documents related to public services;
Analyze the existing legislative framework (both primary and secondary laws) related to design, delivery, quality assurance and costing/pricing of public services (including electronic public services), to reveal any gaps or obstacles impeding implementation of the new policy;
Meet with representatives of AoG, PSDA, DEA and other parties as needed, to gain deeper understanding of the topic and get familiar with their positions and expectations;
Develop a report, containing: 1) analysis of gaps and obstacles in the existing legislative framework that impede implementation of the new policy; 2) specific recommendations on updating the legislative framework to attune it with the “Policy Document on Common Principles of Service Design and Delivery”, and OECD/SIGMA Principles of Public Administration and its methodological framework.
Present the report to the interested parties to collect feedback and modify the report if necessary;
Draft package of legislative amendments and for secondary laws as needed.

Deliverables:

The consultant is expected to produce the following deliverables:

Deliverable 1 - Analytical report, containing: 1) analysis of gaps and obstacles in the existing legislative framework regarding design, delivery, quality assurance and costing/pricing of public services (including electronic public services), that impede implementation of the new policy; 2) specific recommendations on updating the legislative framework to attune it with the “Policy Document on Common Principles of Service Design and Delivery” (in Georgian language). Submission date - six weeks after the commencement of the assignment.
Deliverable 2 - Presentation of the report to the interested parties. Submission date – seven weeks after the commencement of the assignment.
Deliverable 3 - Draft of legislative amendments and secondary laws (as needed) (in Georgian language). Submission date – ten weeks after the commencement of the assignment.

Payment modality:

The payment schedule will be agreed with the consultant and will be made in two (2) installments upon satisfactory completion/submission of the deliverables.

Deliverable 1-2 – 50 % of the consultancy
Deliverable 3 – 50 % of the consultancy

Competencies

Core Competencies:

Demonstrated commitment to UNDP’s mission, vision and values;
Sensitivity and adaptability to cultural, gender, religion, race, nationality and age;
Highest standards of integrity, discretion and loyalty.

Functional Competencies:

Demonstrated ability to apply good judgment in the context of the given assignment;
Ability to conceptualize analytical frameworks based on available information and resources;
Strong communication and organizational skills as well as team work capabilities;
Excellent writing, editing and oral communication skills in English;
Ability to work toward creative, participatory and inclusive solutions;
An ability to complete the task in a timely fashion.

Required Skills and Experience

Education:

Master’s level degree (or equivalent) in law (minimum requirement: 15 points)

Experience:

At least five years of work experience in the legal profession (for example as a lawyer, notary, judge, etc.) (minimum requirement: five years – 10 points; more than five years – additional 5 points);
Has written at least three analytical papers comparable with the given assignment (minimum requirement: three analytical papers – 10 points; more than three – additional 5 points);
Work experience related to public services will be an asset (5 points)

Language requirements:

Fluency in Georgian and English languages (both written and oral).

Evaluation:

Individual consultants will be evaluated based on the cumulative analysis method: Offerors will be evaluated against combination of technical and financial criteria. Maximum obtainable score is 100 out of which the total score for technical criteria equals to 70 (desk review - 45 points and interview - 25 points) and for financial criteria – to 30. Offerors that do not meet minimum requirements will be automatically rejected, while the rest will form up the long list. The offerors who obtain minimum 35 points as a result of the desk review will be invited for the interview. Offerors who pass 70% threshold, i.e. obtain minimum 14 points, as a result of the interview will be requested the financial proposal.

Financial Proposal:

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in instalments or upon completion of the entire contract). 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 this lump sum amount. Maximum 30 points will be assigned to the lowest price offer. All other price offers will be scored using the formula (inverse proportion): Financial score X = 30* the lowest price offer/suggested price offer. All envisaged travel costs must be included in the financial proposal as well.