Background

!!!! UNDP documents templates are available for Download following the link:

https://www.dropbox.com/sh/297e72t7i3v2969/AADDRyUo2uoNrYjuD8NLmdl0a?dl=0

NB: Please note that online/application system does not recognise Russian/Ukrainian language, information you provide in on-line application should be presented in English.

I. Context

The United Nations Development Programme (UNDP) has been active and present in eastern Ukraine for the past decade, prior to the conflict, with a focus on community development, civil society development, and environmental protection. Work on addressing the specific conflict-related development challenges built on this earlier engagement, established partnerships, and started in 2015 through the United Nations Recovery and Peacebuilding Programme (UN RPP). UN RPP is a multi-donor funded framework programme formulated and led by the UNDP in collaboration with the Government of Ukraine and in cooperation with a number of partnering UN agencies (UN Women, FAO, UNFPA). UN RPP was designed to respond to, and mitigate, the causes and effects of the conflict in the east of Ukraine. It is an integral component of the UNDP Country Programme and is therefore fully aligned with the United Nations Partnership Framework (UNPF).

In October 2018, four UN agencies (UNDP, UN Women, FAO and the UNFPA) have countersigned a new joint project document, funded by the EU. The overall objective of the project is to restore effective governance, support economic recovery and promote reconciliation in the crisis-affected communities of Donetsk, Luhansk and Zaporizhzhia oblasts in Ukraine, thereby enhancing the credibility and legitimacy of local governments in the government-controlled areas of the regions. It will contribute to peacebuilding and prevent further escalation of the conflict in Ukraine through effective and accountable decentralization, gender-responsive recovery planning and equal access to services, as well as enhanced economic recovery and development.

Component 3 of UN RPP “Community Security and Social Cohesion” aims to reach some of its goals supporting of the projects strengthening community security and social cohesion through the testing innovative legal aid, access to justice, conflict resolution and peacebuilding mechanisms at local level.

One of the objectives of the Project is to improve the capacity of local judicial institutions to provide adequate and secure services to the conflict-affected population. The lack of physical security for participants during the trial in the context of the armed conflict in Eastern Ukraine affects the independence of the judiciary and might lead to the unjust or illegal rulings. Considering current security situation, special attention should be paid to the courts dealing with the cases connected to the conflict and against persons who were directly involved in the armed conflict (e.g., charges against members of the armed groups, service-persons of the Armed Forces of Ukraine, participants of the volunteer battalions, etc.).

Based on the foregoing, the Project seeks a highly qualified professional for the assessment of the premises security and respective needs of 4 (four) pilot local courts in both Donetsk and Luhansk oblasts to provide specific and clear recommendations on how to ensure and/or improve safety and security of respective courts, personnel and population using courts’ services.

II. Scope and Objective of the Assignment

The main objective of the assignment is to undertake an assessment of the premises security and respective needs in 4 (four) pilot courts:

Donetsk oblast:

1. Kurakhove – Mariinka Local Court;
2. Volnovakha – Volnovakha Local Court.

Luhansk oblast:

1. Novoaidar – Novoaidar Local Court;
2. Lysychansk – Lysychansk Local Court.

This objective will be achieved by the following steps/ by performing the following tasks:

1. Get familiarized with reports on the matter (e.g. Pravo-Justice Project, EUAM Ukraine, etc.);
2. Develop methodology of the premises security assessment and coordinate (interview the respective representatives) the assessment with both Territorial Departments of the Court Security Service in Donetsk and Luhansk oblasts and both Territorial Departments of the State Court Administration of Ukraine in Donetsk and Luhansk oblasts, and UN RPP;
3. Conduct the field visits and perform the premises security and respective needs assessment of 4 (four) pilot courts in both Donetsk and Luhansk oblasts;
4. Prepare the Initial Report including interviews’ results and assessment findings, gather feedback from both Territorial Departments of the Court Security Service in Donetsk and Luhansk oblasts and both Territorial Departments of the State Court Administration of Ukraine in Donetsk and Luhansk oblasts;
5. Prepare the Final Report with specific and clear recommendations on how to ensure and/or improve safety and security of respective courts, personnel and population using courts’ services in the 4 (four) pilot local courts.

Duties and Responsibilities

III. Duties and Responsibilities

The Consultant will deliver the following results:

1. To get familiarize with available reports on this matter (e.g. Pravo-Justice Project, EUAM Ukraine, etc.).

The Consultant should be aware on the respective national legislation and best practices in sphere of the judicial security. Beside this, the Consultant should familiarize him-/herself with the respective reports on the current courts’ facilities security situation in Ukraine.

2. To coordinate the assessment with both Territorial Departments of the Court Security Service in Donetsk and Luhansk oblasts and both Territorial Departments of the State Court Administration of Ukraine in Donetsk and Luhansk oblasts.

This part of the assignment should include deep interviews with representatives of the following stakeholders (at least 1 per each, at least 4 interviews in total):

• Territorial Department of the Court Security Service in Donetsk oblast
• Territorial Department of the State Court Administration of Ukraine in Donetsk oblast
• Territorial Department of the Court Security Service in Luhansk oblast
• Territorial Department of the State Court Administration of Ukraine in Luhansk oblast

The interviews should be focused on peculiarities and concerns over the access control, personnel and visitors’ control, prevention/mitigation and response to security incidents, civil unrest and other threats, alarm, security guards, security procedures, training and capacity building of security personnel and safety/security-related training for the court’s personnel, describing the current situation, needs (capacity building, procurement of goods, construction works, etc.) of the mentioned authorities and impact of the ongoing armed conflict on the safety and security in the local courts. The interviews may be conducted online. It is Consultant’s responsibility to organize the interviews, however, the UN RPP may assist with setting up of the interviews if needed. The specific questionnaires should be developed by the Consultant and approved by UN RPP.

3. To conduct field visits and premises assessment and respective needs of 4 (four) pilot courts in both Donetsk and Luhansk oblasts.

This part of the assessment should be done in person in 4 (four) pilot courts. During the field visits the representatives of both State Court Administration and Court Security Service should be involved.

4. To prepare the Initial Report including the interviews and assessment findings, to gather feedback from both Territorial Departments of the Court Security Service in Donetsk and Luhansk oblasts and both Territorial Departments of the State Court Administration of Ukraine in Donetsk and Luhansk oblasts.

The Consultant will develop the Initial Report:

1. Method of the Study
2. Brief overview of national legislation, norms and standards (with respective links)
3. Analysis of the Needs Assessment results
4. Recommendations

Final outline to be identified after joint initial discussion with UN RPP.

The findings of the conducted assessment should be coordinated with all involved stakeholders in order to gather a feedback from them and to finalize the assessment itself. This stage may be done online. The Initial Report to be approved by UN RPP.

The report’s recommendations should be clear, full and complete.

The Initial Report should be prepared in Ukrainian and provided in the following formats: *.docs format, at least 40 pages, Times New Roman, 12 pt., lines space – 1,15, graphs in *.pdf, *.xls and *.docs formats. The Initial Report should include respective photos.

5. To prepare the Final Report with concrete recommendations on the improvement of the security situation and description of the respective needs.

The Report should include:

1. Premises security Assessment Methodology
2. Premises assessment
3. Recommendations
4. Conclusions

Final outline to be identified after joint initial discussion with UN RPP. The Final Report to be approved by UN RPP.

The Final Report should be prepared in Ukrainian and provided in the following formats: *.docs format, at least 45 pages, Times New Roman, 12 pt., lines space – 1,15, graphs in *.pdf, *.xls and *.docs formats. The Final Report should include respective photos.

IV. Deliverables

The following deliverables will be provided by the Consultant

V. Proposed Payment Schedule

UN RPP will pay the negotiated amount in 2 tranches as per delivery of the outputs outlined above.

Payment will be processed upon full completion and acceptance of contractual obligations where UN RPP Component Lead signs certification of acceptance.

VI. Monitoring and Reporting Requirements

The Consultant will work under overall guidance and direct supervision of the UN RPP Component Lead in accordance with terms of deliverable submission through meetings\calls\mails.

Electronic versions of reports and duly completed timesheets should be prepared and submitted for clearance and approval by the Rule of Law and Access to Justice Individual Specialist in accordance with terms of deliverable submission.

The Consultant should clearly and concisely identify the work that has been carried out during this period, list major accomplishments, and difficulties/problems encountered during the process. The report should also indicate whether the result was achieved or whether there is a delay in the implementation of the planned activities. In the case of a delay, the reasons and advised solutions should be clearly stated.

Competencies

VII. Experience and Qualifications Requirements

• Education: At least Bachelor’s degree or equivalent in construction, security issues or other related field;
• At least 7 years of relevant professional experience in the field of security of the facilities;
• Proven awareness (knowledge) of context of the armed conflict in Eastern Ukraine;
• Proven awareness (knowledge) in the field of security of the facilities in the context of the armed conflict is desirable;
• Languages proficiency: Professional fluency in Ukrainian.

Competencies:

• Ability to perform analytical and research work,
• Deliver outputs in a timely manner;
• Excellent interpersonal communication skills;
• Sound judgment and maturity to foster a positive work environment;
• Ability to work effectively as part of a team;
• Demonstrated strong analytical, coordination and facilitation skills;
• Strong user of office software packages.

VIII. Documents to Be Included When Submitting the Proposals

Applicants shall submit the following documents:

IX. 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 (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 (including travel, per diems, and number of anticipated working days).

 Travel costs

UN RPP will not provide travel / accommodation, these expenses should be included to the Proposal. This includes all travel to join duty station/repatriation travel. In general, UN RPP should not accept travel costs exceeding those of an economy class ticket. UN RPP, however, may help (if needed) with logistics on mentioned issues around Ukraine. Should the Individual Consultants wish to travel on a higher class he/she should do so using their own resources. 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 Individual Consultants, prior to travel and will be reimbursed.

Required Skills and Experience

X. Evaluation Criteria

• Education: At least Bachelor’s degree or equivalent in construction, security issues or other related field – Pass/Fail;
• At least 7 years of relevant professional experience in the field of security of the facilities – Pass/Fail;
• Proven awareness (knowledge) of context of the armed conflict in Eastern Ukraine – Pass/Fail;
• Proven awareness (knowledge) in the field of security of the facilities in the context of the armed conflict is desirable – Pass/Fail;
• Languages proficiency: Professional fluency in Ukrainian – Pass/Fail.

XI. Evaluation Method

 Lowest price and technically compliant offer

Contract award shall be made to the Consultants whose offer has been evaluated and determined as:

1. responsive/compliant/acceptable, fully meeting qualification criteria below:
2. offering the lowest price.