INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

Transcription

1 United Nations Development Programme Programul Natiunilor Unite pentru Dezvoltare INDIVIDUAL CONSULTANT PROCUREMENT NOTICE Date: Country: Republic Moldova Description of the assignment: National Consultant to support the e-governance Center (egc) on Legal and Regulatory e-enabling Environment Project name: Transitional Capacity Support for the Public Administration of Moldova Period of assignment/services: 12 months Proposal should be submitted by to no later than 6 January, Any request for clarification must be sent in writing by standard electronic communication to the marin.eladi@undp.org Please notice that in line with TCS Project rules, which guard against substracting capacity from the civil service, current civil servants are barred from applying for this position. The former civil servants are eligible to apply not earlier than in a year after the separation from civil service. 1. BACKGROUND I. Background: Transitional Capacity Support project was designed upon the request of the Government of Moldova to enhance the capacities of the Moldovan ministries and other national level institutions in order to accelerate the reform processes in the context of Moldova s EU integration agenda, as described in the Governmental Programme European Integration: Freedom, Democracy, Welfare, and other country s strategic documents as is the National Development Strategy and, in the future period Moldova The project seeks to address urgent short-term capacity needs of the public administration at a time when Moldovan central government institutions face serious gaps in terms of capabilities, financial and human resources, while important processes, prompted by the negotiation of the new Association Agreement with the EU and other on-going reforms, require strong and prompt inputs on behalf of Moldovan administration. The Project is coordinated and managed by the United Nations Development Programme (UNDP) and the State Chancellery of Moldova. One way to achieve TCS objectives lies in the hiring of national short or mediumterm consultants, to support the implementation of some specific reform tasks. The Moldovan diaspora and the local non-governmental sector, including the private and civil society sectors, are seen as the main source for such consultants. One of the main goals of the TCS project is the transfer of knowledge from consultants to civil servants. Involvement of officials of the beneficiary institutions in monitoring the consultants will facilitate direct transfer of knowledge and will ensure closer cooperation between officials of the Ministry and the experts

2 engaged. It could also be that the consultants establish and implement processes and procedures that an administrative unit is expected to perform on a regular basis in the future, for capacity building often needs to start by showing by doing. Capacity building consultants (CBC) would be engaged and their ToRs defined in a way that would protect the integrity of the civil service work to strengthen its intrinsic capacity. One of the main goals of the TCS project is the transfer of knowledge from consultants to civil servants. In this respect the engaged consultants will provide advice, coaching and skills transfer to the civil service on a permanent basis. Also, the involvement of officials of the beneficiary institutions in monitoring process of the consultants will facilitate direct interchange of knowledge and will ensure closer cooperation between officials of the Ministry and the experts engaged. Information and Communication Technology (ICT) is now globally recognized as an essential tool in promoting competitiveness, sustainable development, and overall poverty reduction. As Moldova approaches lower-middle income status, the country needs to shift from consumption and remittances driven growth model to an economy with increased private savings and investments. The Government of Moldova, recognizing the need to use ICT as a crosscutting enabler of sustainable growth, competitiveness and improved governance and has embarked on a Governance etransformation journey to improve the management in the public sector. In August 2010 the Moldovan Government created e-governance Center (egc) under the State Chancellery to manage the e-transformation and e-governance agenda. 2. SCOPE OF WORK, RESPONSIBILITIES AND DESCRIPTION OF THE PROPOSED ANALYTICAL WORK The scope of the work of the National Consultant is to provide assistance to upgrade and strengthen the capacities of the e-governance Center (egc) for the development of e-transformation and e-governance legal framework. In light of the background and foregoing description of the egc objectives, the consultant shall familiarize himself/herself with the work and work programs of other consultants appointed by the egc/donors institutions in connection with the assignment. In order to achieve the stated objectives, the National Consultant will have the following responsibilities: I. In terms of the existing Policy, applicable legal and regulatory framework, the consultant shall: Review the existing national policy, applicable legal and regulatory framework related to e- Transformation and e-governance, ICT; Analyze international and the EU best practices in the areas of e-transformation, e-governance and ICT and develop recommendations for upgrading the Moldovan policy, legal and regulatory frameworks in light with the goals and priorities of the e-transformation and e-governance Agenda; Coordinate the drafting of new laws and amendments of the Moldovan legal and regulatory frameworks to boost the development and implementation of the e-transformation and e- Governance Agenda and ICT sector in the Republic of Moldova; Coordinate the preparation of draft e-governance and ICT legislation (including data protection and privacy legislation, digitalization of the administrative work for the e-government, national digital content management, digital signature and electronic transactions regulations, security of information systems and protection of personal data, cyber security, etc.) with a view toward incorporating applicable international and the EU best practices provisions; Present findings, conclusions and recommendations, including draft provisions to the Management Board of the e-government Center and other stakeholders. II. In terms of ensuring the compliance with legislation in force and represent the egc s interests, the consultant will: Provide expert legal opinion on the draft orders/decrees, instructions, regulations, standards and other legal acts on behalf of egc (if necessary, participate in development of these documents);

3 Ensure the execution of contractual documents; Explain the legislation in force and the application of its provisions; Study and participate in the negotiations preceding the conclusion of contracts; Provide and issue legal conclusions in accordance with the activity of the egc, as well as for the undertaken drafts of the normative acts submitted for approval; Provide legal assistance to the egc and its employees; Prepare monthly progress reports of the component activities; Perform any other related activities which may emerge during the course of time. 3. REQUIREMENTS FOR EXPERIENCE AND QUALIFICATIONS I. Academic Qualifications: Relevant academic qualification in law at the post-graduate level; II. Years of experience: III. Competencies: 3-5 years of relevant working experience in the field; Extensive knowledge of the Moldovan Government setup and good knowledge of legislation and legal regulations on government operations (constitution, government law, civil service act, public procedural law); Relevant European best practice knowledge on e-legislation with specific focus on the e- Government issues (public information, data protection, databases, digital signature, telecom, e- services law, cybercrime legislation, etc); Experience in drafting legal instruments (including bills, regulations etc.) and conducting multiparty stakeholder consultations; Knowledge/expertise in the area of e-legislation preparation and the design of best practice policy and regulatory frameworks; Prior professional experience working on international, regional, or bilateral donor-funded projects (e.g. UNDP, World Bank, USAID, DFID etc.) or private sector; Ability to work effectively with high-ranking national and regional government officials, to advise and interact with all levels of management and staff; Ability to form effective working teams and lead/guide the teams activities towards accomplishing established goals; Good interpersonal skills to put egc s decisions into a language of law; Ability to effectively communicate and write in Romanian and English languages; Computer proficiency, including knowledge of MS Office products (Word, Excel, Power Point). 4. DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS. Interested individual consultants must submit the following documents/information to demonstrate their qualifications: 1. Proposal: explaining why they are the most suitable for the work; 2. Financial proposal; 3. Personal CV including past experience in similar projects and contact details for at least 3 referees. 5. FINANCIAL PROPOSAL

4 The financial proposal shall specify a total amount per month. Payments are based upon delivery of the services specified in the TOR. 6. EVALUATION Individual consultants will be evaluated based on the following methodologies: Minimum Qualification Requirements: Relevant academic qualification in law; Working experience in the field; Knowledge of the Moldovan Government setup and knowledge of legislation and legal regulations on government operations ; Based on these minimum qualification requirements a short-list of candidates will be established, subject to the two-stage evaluation procedure Evaluation procedure: A two-stage procedure will be used in evaluating the candidates: A) Technical evaluation (max 3 points) 70% B) Financial evaluation (max 1 points) 30% Technical evaluation will be based on a thorough desk review of applications and further interview will be organized if needed depending on the short-listed candidates qualifications. A) Technical Evaluation: The technical part is evaluated on the basis of its responsiveness to the Terms of Reference (TOR). Criteria 1 Relevant academic qualification in law at the post-graduate level; (PhD degree pts; Master degree 40 pts; Other degrees 30 pts) Relevant working experience in the field; (>5 years - pts; <5 years - 40 pts, No 0 pts) Knowledge of the Moldovan Government setup and knowledge of legislation and legal regulations on government operations; (Yes - pts, to some extent 30 pts, No-0 pts) Relevant European best practice knowledge on e-legislation with specific focus on the e-government issues (public information, data protection, databases, digital signature, telecom, e-services law, cybercrime legislation, etc); (Yes -40 pts, to some extent 20 pts, No-0 pts) 5 Ability to work effectively with high-ranking national and regional government officials, to advise and interact with all levels of management and staff; (Yes -40 pts, to some extent 20 pts, No-0 pts) 6 Interview ( demonstrated technical knowledge and experience; 30 fluency in oral English ; 15 communication/ interpersonal skills; 15 initiative; 10 creativity/ resourcefulness) Maximum points Maximum total technical scoring: 3 B) Financial evaluation: In the Second Stage, the financial proposal of candidates, who have attained minimum 70% score in the technical evaluation (at least 245 points), will be compared. The cumulative analysis scheme will be applied with a total score being obtained upon the combination of weighted technical and financial

5 attributes. Cost under this method of analysis is rendered as an award criterion, which will be 30% out of a total score of 0 points. The Individual Contract (IC) will be awarded to the candidate obtaining the highest cumulative score. The following formula will be applied in calculating the cumulative score: S = Fmin / F * 1 S score received on financial evaluation; Fmin the lowest financial offer out of all the submitted offers qualified over the technical evaluation round; F financial offer under consideration. Note: Aggregated financial offer will be considered ( aggregated financial offer is the total sum of all financial claims of the candidate for accomplishment of the task, including fee, per diem, travel, etc). Winning candidate The winning candidate will be the candidate, who has accumulated the highest aggregated score (technical scoring + financial scoring). ANNEX ANNEX 1- TERMS OF REFERENCES (TOR) ANNEX 2- INDIVIDUAL CONSULTANT GENERAL TERMS AND CONDITIONS