Background

NOTE: Signed Offeror’s Letter to UNDP Confirming Interest and availability - https://www.ba.undp.org/content/dam/bosnia_and_herzegovina/docs/Operations/Jobs/Offerors%20Letter%20to%20UNDP%20Confirming%20Interest%20and%20Availability.docx - Letter to UNDP Confirming Interest and Availability.docx - to be sent to e-mail ba.shared.hr@undp.org with Subject: Job ID 98731.

Due to a long period of neglect and under-investment, urban infrastructure in BiH, public and residential buildings, energy systems and utilities, waste management, and transport, are now in need of expansion and modernization. From a global environmental standpoint, this situation contributes to a steady increase in greenhouse gases (GHG) emissions, primarily associated with energy use in public facilities. Public facilities are also the largest energy users and GHG emission sources in municipalities in BiH. Modernization, upgrade and expansion of municipal buildings, infrastructure, and services in BiH will improve the quality of urban life and achieve a range of important local and global environmental and sustainable development benefits.

To achieve abovementioned, the “Catalyzing environmental finance for low-carbon urban development” Project (URBANLED) strives to leverage investment for transformational shift towards low-carbon urban development (LCUD) in Bosnia and Herzegovina thereby promoting safer, cleaner, and healthier cities and reducing urban GHG emissions. To enable this transformational shift, the Project provides technical support towards the implementation of technically and economically feasible low-carbon solutions in key urban sectors and promotes their wider uptake by municipalities and private sector via dedicated financial mechanisms. The Project has been financed by Global Environment Facility (GEF) and is directly implemented by UNDP Bosnia and Herzegovina Country Office.

In Bosnia and Herzegovina, energy efficiency projects have already demonstrated the potential for high financial returns but have not yet reached a stage where these projects are treated equally with other investment projects.

Among the various barriers that energy efficiency projects face, a lack of appropriate financing mechanisms represents an important barrier. Commercial banks in Bosnia and Herzegovina are unfamiliar with the energy efficiency projects and, in most of the cases, reluctant to fund them. Still, large-scale energy efficiency gains for public sector buildings are possible only if sustainable financing mechanisms for energy efficiency are devised.

To achieve sustainable financing, the implementation of the LCUD concept requires the adoption and implementation of certain economic instruments, based on creation of adequate business models. Such business models need to be founded on the principles of involvement of responsible public authorities as well as the private sector (through energy efficiency related SMEs). Market development through active involvement of government as a customer, information provider and policy maker are required for proper introduction and promotion of a concept of energy service companies (ESCOs) in BiH.

This all resulted with the fact that ESCO is still a new concept in Bosnia and Herzegovina which is not properly introduced.

Until now, URBANLED project provided technical support for responsible entity-level institutions (i.e. FBiH Fund for Environmental Protection, FBiH Ministry of Energy, Mining and Industry and RS Fund for Environmental Protection and Energy Efficiency and RS Ministry of Spatial Planning, Civil Engineering and Ecology) in development of ESCO financial models which fit to the respective institutional and legislative frameworks.

In FBiH, activities conducted so far have resulted with draft Rulebook on energy service contracting and implementation/Energy performance contract and templates of the contracts for the energy efficiency refurbishment of the public buildings and energy efficiency renovation of the public lightning system. In parallel, URBANLED project has initiated the piloting of the ESCO contract for energy efficiency refurbishment of the selected public buildings in FBiH. Recently, project intiated the establishment of the Working group which will be constituted of the representatives of state level Ministry of Finance and Treasury, Ministry of Foreign Trade and Economic Relations, FBiH Ministry of Finance, FBiH Ministry of Energy, Mining and Industry, FBiH Ministry of Spatial Planning and FBiH Fund for Environmental Protection. This working group will work together to find a solution for introducing the ESCO financial mechanism, meaning finding proper bookkeeping model with respect of the rules issued by the Eurostat.

In case of RS, most of the draft documentation and analysis needed for the development of ESCO model in RS (i.e. analysis of preconditions for ESCO regarding legislative and institutional preconditions as well as market and financial risks analysis; criteria for selection of private partner, conceptual model of ESCO mechanism, bookkeeping model) have been developed in 2020 and will be a subject of adjustment and reshaping during the 2021, while initiation of its testing is planned for second part of 2021. 

The National Legal Consultant will provide advisory and legal services for development of ESCO model in FBiH and RS, which includes provision of support in development of legal segments of ESCO financing mechanism, such as contracts, bylaws, Rulebooks and other relevant regulations.

The National Legal Consultant will render legal support to the Climate Change Mitigation Program Manager, project team, Project Board and government counterparts. The National Legal Consultant will work under the overall guidance of and direct supervision from Climate Change Mitigation Programme Manager. However, on a daily basis the National Legal Consultant will work closely with the URBANLED project team and International ESCO Consultant.

With support of the URBANLED project team, the National Legal Consultant will ensure all necessary advisory and legal support in order to create preconditions for proper introduction and further usage of the ESCO financial mechanism in BiH. 

Duties and Responsibilities

National Legal Consultant for provision of support to introduction of ESCO financial mechanisms in BiH will:

1. provide support to the responsible institutions at state and entity levels in terms of introducing the ESCO financial mechanisms into the legislative and institutional frameworks of FBiH and RS. These activities will include revision of legal documents developed, drafting and reviewing bylaw documents and contracts, in order to remove the barriers for ESCO to be operational in both entities;  and
2. provide support in piloting the ESCO contracts in FBiH and RS. These activities will include provision of support in revision of draft ESCO contracts, development of public call for selection of ESCO company in FBiH and RS, development of selection criteria and offer form in line with the local procurement modalities (Public-Private Partnership model, public procurement, framework agreement and etc.), advisory support to signatories (public institution and private partner/company) and their administering and provision of advices on how to overcome potential legislative barriers on local, cantonal and entity level, including the preparation, design and implementation of ESCO projects in FBiH and RS and monitoring and verification procedures of ESCO projects.

To achieve the abovementioned, the National Legal Consultant will work under direct supervision of the UrbanLED project team, the International ESCO Consultant and under coordination of the represenatives of following institutions at level of BiH, FBiH and RS: Ministry of Foreign Trade and Economic Relations of BiH, FBiH Ministry of Finance, FBiH Ministry of Energy, Mining and Industry, FBiH Ministry of Spatial Planning, FBiH Fund for Environmental Protection, RS Ministry of Spatial Planning, Civil Engineering and Ecology and RS Fund for Environmental Protection and Energy Efficiency (who will approve and confirm the quality of outputs) to complete all activities specified in this Terms of Reference.

For the purpose of introduction of ESCO financial mechanism in FBiH, Working group constituted of the representatives of state level Ministry of Finance and Treasury, Ministry of Foreign Trade and Economic Relations, FBiH Ministry of Finance, FBiH Ministry of Energy, Mining and Industry, FBiH Ministry of Spatial Planning and FBiH Fund for Environmental Protection has been established. The National Legal Consultant, if needed, will participate in meetings of this working group with task to provide advisory support in a process of finding the legal solutions for introducing the ESCO financial mechanism.

Furthermore, National Legal Consultant will work in close cooperation and coordination with the International ESCO Consultant and local consultants engaged for preparation, design, and implementation of ESCO pilot projects in FBiH and RS.

It is envisaged that the level of effort for these tasks will not exceed 100 expert days. Due to the uncertain situation regarding the COVID-19 pandemic, final decision on modality of meetings with stakeholders and project team will be made in line with official recommendations. If not possible to organize face-to-face meetings, the meetings with project staff, governmental counterparts and local consultants will be organized on remote basis.

Outputs will be written comments, adjustments and drafts of legal documents (contracts, bylaws, Rulebooks and etc.) and recommendations with regards to the points a. and b. listed above.  Written work will be supplemented by other requested consultation by phone, Teams, and in person.

The Consultant will be engaged as per need and based on the request of the project team. He/She will be paid for services based on the reported effort made for the requested work (this may include number of expert days and travel costs).

Deliverables/outputs

Competencies

Corporate competencies:

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favouritism;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment;

Functional competencies:

• Strong interpersonal skills, communication and diplomatic skills, ability to work in a team;
• Openness to change and ability to receive/integrate feedback;
• Ability to work under pressure and stressful situations;
• Strong analytical, reporting and writing abilities;
• Excellent public speaking and presentation skills;

Required Skills and Experience

Academic Qualifications/Education:

• B.Sc. degree in Law; Bar exam and/or Attorney at Law would be considered as an asset.

Experience:

• At least 7 years of professional experience focused on development of legal and policy documents in field of energy, environment and finance;
• Proven knowledge and experience in preparation and realization of legal forms and documents for investments into infrastructure projects in line with domestic laws, such as public procurement law of BiH and Public-Private Partnership (PPP) laws in FBiH and RS; experience in energy efficiency sector will be considered as an advantage
• Proven knowledge and experience in preparation and realization of framework agreements in line with the public procurement law of BIH;
• Proven knowledge of the environmental and energy efficiency issues in BiH, as well as knowledge of finance sector, energy industry and general business sectors in BiH; experience in design and implementation of ESCO and energy performance contracting mechanisms will be considered as an advantage
• Proven experience in working with EU policies and regulations on energy efficiency;
• Experience working with multilateral organizations and the UN system preferred.

Languages Requirements:

• Knowledge of English and local language in Bosnia and Herzegovina (excellent writing, editing and communication skills).

Longlisting/Shortlisting Criteria

Qualifications as stated in the ToR

Technical Evaluation Criteria

Evaluation

Individual  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 candidate 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%

Interested candidated must submit the following documents/information to demonstrate their qualifications:

• Explaining why they are the most suitable for the work;
• Provide a brief methodology on how they will approach and conduct the work;

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

Note:

• For an assignment requiring travel, consultants of 65 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.