National Consultant for the capacity development needs assessment of the judiciary and legal representatives 52 views

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. 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.

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

One of the objectives of the Project is to improve the capacity of the judiciary and Free Legal Aid System (FLAS) in the context of the ongoing armed conflict in east of Ukraine and ongoing pandemic of COVID-19. The state faced the context of both challenges without relevant experience and preparedness; thus, it does not have a full and complete understanding of the required capacity building activities for its bodies within civil and criminal conflict-related cases which appeared in the recent years, as well as what durable solutions should be implemented in order to continue the work of the respective institutions at their full capacity. At the same time, without respective knowledge and support, the relevant state authorities, including FLAS and judiciary, cannot perform their duties at the popper level. This gap will be especially acute during the period of the transitional justice. Needless to say, the quarantine restrictions will be prolonged for unknown period which will affect the provision of respective services. In order to fill these gaps in it is required to access the capacity building needs of both judiciary and FLAS. For this purpose, the Project seeks to hire a qualified National Consultant (Consultant) to conduct the respective assessment with development of concrete recommendations on further capacity building of named authorities (to develop the capacity building plan) in the context of the ongoing challenges – transitional justice and quarantine restrictions.

The Consultant will promote UNDP’s mandate as a gender-responsive organization with zero tolerance to any kind of discriminatory and abusive behaviour, including sexual harassment, sexual exploitation and abuse.

II. Scope and Objective of the Assignment

The main objective of the assignment is to identify the capacity building needs of the local general courts and free legal aid offices in Donetsk and Luhansk oblasts (GCA) on armed conflict related cases (both civil and criminal) during the period of the transitional justice. The assignment also includes an assessment of the capacity improvement of both judiciary and FLAS in terms of the quarantine restrictions.

This will be achieved by assessing and summarizing the similar contexts, respective legislation and current trends within conflict-related cases, as well as institutional capacity of mentioned authorities in the context of ongoing pandemic, and conducting in-depth interviews with the representatives of the named organizations.

The Consultant will also ensure the mainstreaming of gender equality and women’s empowerment considerations in the field of expertise, promote a safe and enabling environment free of any kind of discrimination and abusive behaviour, and use the principles of gender-responsive communications in line with the UNDP corporate standards.

Under the supervision and day-to-day coordination with UNDP, the Consultant is expected to conduct the Assessment on the capacity building needs of the local general courts and free legal aid offices in Donetsk and Luhansk oblasts on armed conflict related cases (both civil and criminal) and ongoing pandemic.

For this, the selected Consultant will undertake the following activities:

a) The Consultant will develop and agree with UNDP detailed work plan with timeline.

At this step the Consultant will prepare the detailed workplan which should be approved by UNDP.

b) Desk review of the national and international legislation, national judicial practice, best practices of other countries of similar context; preparation of the Inception Report

The Consultant is responsible for the preparation of an Inception Report with short description of the main trends, good practices, and gaps on dealing with cases during the period of transitional justice by the judiciary and FLAS, and identify cases, if any, that require a unified approach in their consideration. The Inception Report will include the analysis of the respective national and international legislation, best practices of other countries which are / were in the similar to Ukrainian context. Another covered topic is the improvement of capacity of both authorities and identification of durable solutions during the ongoing pandemic.

c) Interviews

The Consultant will be responsible for conducting of personal (individual) interviews (at least 50 interviews in total) with the judges of the national courts and FLAS representatives. These interviews should cover the national level and respective regional and local bodies of Donetsk and Luhansk oblasts:

• Supreme Court – at least 5 judges;
• Local general courts – at least 10 judges (5 from each Donetsk and Luhansk oblasts);
• Coordination Centre for Legal Aid Provision (CC) – 5 persons (among management);
• Regional Centre for Free Secondary Legal Aid Provision (RC) in Donetsk and Zaporizhzhia oblasts and Regional Centre for Free Secondary Legal Aid Provision (RC) in Luhansk and Kharkiv oblasts – at least 10 persons (5 from each RC; among management);
• Local Centres for Free Secondary Legal Aid Provision in Donetsk and Luhansk oblasts (LC) – 20 persons in total (10 of legal representatives and legal defenders each; 10 of Donetsk and Luhansk oblasts each).

The final list of interviewees should be coordinated with UNDP.

During the interviews the Consultant will gather the feedback on the Inception Report, as well as will clarify the issues of practice and challenges in this kind of cases and respective capacity building needs (transitional justice) and durable solutions (to address the pandemic challenges).

It is the Consultant’s obligation to identify the interviewees and to organize the interviews, however, UNDP might assist with that. This stage may be organized in the remote mode (not in person). The Consultant will ensure gender parity targets achieved (at least 40% of respondents should be women).

d) Analysis of the results and preparation of Final Report

The Consultant shall prepare the Final Report which will include the findings of the Inception Report and updates from the interviews. This Report will also include the conclusions of recommendations on the capacity improvement of the judiciary and FLAS within the period of transitional justice (to develop the capacity building plan) and durable solutions for improvement of capacity of mentioned institutions during the quarantine restrictions. Besides, this stage of the assignment will also include the preparation of the Executive Summary of the Final Report with brief description of the main findings and outcomes of the Assessment.

The Consultant will take part in presentation of the Final Report’s findings. The UNDP will provide technical (logistical) support to the organization of this event. It is the Consultant’s responsibility to provide a list of persons to be invited. This stage should be organized in person (not in online mode) if the quarantine restrictions would allow to do so.

All Reports should be prepared in Ukrainian and provided in the following formats:

• Inception report in *.docs format, at least 40 pages, Times New Roman, 12 pt., lines space – 1,15, Annexes are followed as necessary;
• Final Report with graphs in *.doc format, at least 50 pages, Times New Roman, 12 pt., lines space – 1,15, Annexes are followed if necessary.
• Executive Summary for all relevant stakeholders in *.doc format, from 10 to 15 pages, Times New Roman, 12 pt., lines space – 1,15.

During the preparation of all knowledge products and during the research phase, the Consultant will:

• ensure communications strategies/plans adequately integrate gender equality concerns;
• produce knowledge products in line with UNDP’s principles of gender-responsive communications;
• analyse differentiated needs and interests of men and women as well as with a specific emphasis and respect to sexual orientation, ethnicity, age, (dis)ability, language, geographical origin.

IV. Deliverables

The following deliverables will be provided by the Consultant

V. Proposed Payment Schedule

The payments will be made out upon the full completion and acceptance of deliverables in accordance with the certificate of payments.

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

VI. Monitoring and Reporting Requirements

The Consultant will work under overall guidance and direct supervision of the UN RPP Component III 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.

• 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
• Demonstrates commitment to UNDP’s mission, vision and values
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
• Demonstrates corporate knowledge and sound judgment
• Demonstrates/safeguards ethics and integrity

• At least Bachelors’ degree or equivalent in Law;
• At least 7 (seven) years of relevant professional experience in the field of Law;
• Experience in research: At least 3 (three) accomplished complex empirical studies where the candidate was the author or co-author (reference to or copies of previously developed knowledge materials including analytical reports, research papers, case studies materials, etc. to be provided);
• At least 2 (two) years of experience of work in the sphere of Law in the context of the armed conflict in eastern Ukraine;
• At least 5 (five) years of experience with the capacity building of the organizations which provide law-related services;
• Languages proficiency: Fluency in English and Ukrainian. Knowledge of Russian would be an advantage.

VIII. Documents to Be Included When Submitting the Proposals
Applicants shall submit the following documents:

1. Professional Resume/CV or UNDP P11 form, including information about past experience in similar projects / assignments. Resume/CV or UNDP P11 shall include information of at least 3 (three) accomplished complex empirical studies where the candidate was the author or co-author (reference to or copies of previously developed knowledge materials including analytical reports, research papers, case studies materials, etc. to be provided).

2. Offeror’s Letter to UNDP confirming Interest and Availability for the Individual Contractor (IC) Assignment with Financial Proposal.

3. At least 2 (two) positive references from previous customers / employers.

IX. Financial Proposal

Lump sum contract

The financial proposal shall specify a total lump sum amount in USD, 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

All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the Individual Consultant 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 Consultant, prior to travel and will be reimbursed.

X. Evaluation Criteria

– Educational background – 5 points max
[5 pts – PhD degree; 4 pts – Bachelor’s degree];
– Relevant professional experience – 15 points max
[up to 15 pts – more than 15 years of relevant professional experience in the field of Law; up to 13 pts – 8-14 years; 10 pts – 7 years];
– Experience with the capacity building of the organizations which provide law-related services – 16 pts max
[up to 16 pts – over 10 years of experience; up to 14 pts – from 7 to 9 years of experience; 11 pts – from 5 to 6 years of experience];
– Experience of work in the sphere of Law in the context of the armed conflict in eastern Ukraine – 15 pts max
[up to 15 pts – over 6 years of experience; up to 13 pts – from 3 to 5 years of experience; 11 pts – 2 years of experience];
– Experience in conducting research studies/methods and data analysis – 15 points max
[more than 8 highly relevant studies – up to 15 pts; 4-7 highly relevant studies – up to 13 pts; 3 highly relevant studies – 10 pts];
– Languages proficiency – 4 points max
[4 pts – English, Ukrainian and Russian; 3 pts – English and Ukrainian only].

Maximum available technical score – 70 points.

XI. Evaluation Method

Cumulative analysis

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

a) responsive/compliant/acceptable, and

b) having received the cumulative 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 meeting the minimum requirements and obtaining a minimum 70% from the maximum available technical score would be considered for the Financial Evaluation

The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will equal to 30. All other price proposals will be evaluated and assigned points, as per below formula:

30 points [max points available for financial part] x [lowest of all evaluated offered prices among responsive offers] / [evaluated price].

The proposal obtaining the overall cumulatively highest score after adding the score of the technical proposal and the financial proposal will be considered as the most compliant offer and will be awarded a contract.

ATTENTION!

Deadline for offers submission is prolonged till April 08, 2021

1. UNDP documents templates are available at the following the link: https://www.dropbox.com/sh/506vw4976ka77jy/AABF10LJ-JEqb843fiCK7btSa?dl=0

2. Online system does not recognise Russian or Ukrainian language, information you provide in on-line application should be in English

3. Online system allows to upload only 1 (one) file. Please combine all the files in one and then upload