International Methodological Expert of “Rule of Law & Community Justice” for 2nd wave of Assessment

Background

BACKGROUND

Since February 2013, Ukraine has experienced a rapid change in its political, social, and economic landscape. The protests in the Maidan, the change in government, the occupation of Crimea, and ongoing conflict in the East, have created an immense and urgent challenge for Ukraine’s government and society.

UNDP’s “Rule of Law and Community Justice for Conflict-Affected Areas in Ukraine” Project started in January 2016 as part of a “Rule of Law for Stabilization in Ukraine” Programme. The project is designed to address both the causes and consequences of the conflict, support stabilisation efforts, and promote constructive and systemic change.

The project pilots grassroots, community security approach in three selected Oblasts aiming to alter the fundamental dynamic between individual, community, and state institutions. Strengthening the accountability of, and confidence in state institutions will be achieved by facilitating community engagement and responsiveness to community needs.

The Project has two key outputs:

Output 1: Strengthened personal and community security in conflict-affected areas;

Output 2: Increased community justice through capable institutions for rights-based service delivery and effective access to justice.

1.  Strengthened personal and community security in conflict-affected areas, including the following expected results:

• Improved individual and community awareness of rights and risks in conflict-affected areas.
• Law enforcement, security and military services have better skills and understanding of their rights and responsibilities to protect people in conflict-affected areas.
• Improved coordination between citizens, law enforcement bodies, and military and security services to promote community security.

2. Increased community justice through capable institutions for rights-based service delivery and effective access to justice, including the following expected results:

• Institutionalised primary and secondary legal aid system providing quality legal aid service to the vulnerable and conflict- affected population.
• Justice sector personnel have the knowledge and skills to address conflict-related crime.
• Access to information and transparency in the courts is enhanced.
• Reduced physical obstacles to justice service-delivery and a mechanism for conflict-related restitution.

The Project operates in 3 priority pilot regions; the conflict-affected regions of Donetsk and Luhansk, and the ‘control’ region of Zhytomyr.

MAIN OBJECTIVES OF THE ASSIGNMENT

In order to address the persisting gaps in information about the situation in the regions, the Project has commissioned a first comprehensive assessment (“the Assessment”) in 2016. The initial assessment gathered data on people’s actual knowledge, comprehension, and attitudes, as well as their concerns and priorities, as regards the rule of law processes in their communities and in their country: specifically, access to justice, the protection of rights, and ensuring personal and community security. As a follow up, UNDP commissions a second assessment to check the progress since the last assessment which was concluded in late 2016 early 2017.

The Assessment will encompass a representative cross-section of the residents of the 3 pilot regions, including both urban and rural communities, but also include a focus on women, youth, older persons, minorities (religious, ethnic, or linguistic), IDPs, and other vulnerable persons (victims of rape and domestic violence, people who are HIV+, the LGBT community, people with disabilities, etc.).

The Project, therefore, seeks to identify and recruit a Methodological Expert (“the Expert”) who will support the assessment process from start to finish, ensuring coherence and quality throughout all the steps. In particular, s/he will work closely with National Consultant, train/instruct the data collection team on correct application of the methodology in the field. Together with National Consultant, s/he will also be responsible for analyzing the data obtained and producing the final assessment report which will draw together all the assessment findings.

The role of National Consultant is the following:

1. Familiarize with the survey tool and methodology and review with the Methodological Expert (hired by UNDP) remotely (via Skype).
2. With advice and assistance of Project staff, the National Consultant should work closely with Contractor(Company) selected by UNDP for mentioned Social Science Research, to ensure that the survey tool is piloted in compliance with the set methodology. The National Consultant will be responsible for working with the pilot team to solve any problems they may encounter in the field as well as identify problems which need to be addressed.
3. Regularly participate in the consultancy meetings with Methodological Expert (via Skype) and implementation company and supervisors (via Skype or personally).
4. Pilot the survey tool with the research supervisors (Contractor) and provide feedback report regarding any questions which need clarification, additional answer choices which should be added, and whether the translation is accurate to the Component Lead.
5. Lead an intensive one three-day interactive training on research ethics, the survey tool, and specific methodology used for this project to the enumerators hired by UNDP to conduct the quantitative baseline assessment and conduct an evaluation of each enumerator before they are deployed to the field. The National Consultant shall also be responsible for developing interactive activities for the trainings. (Logistics for the training to be organized by the implementation company)
6. The National Consultant will work with the supervisors (Contractor) and train them how to conduct and accurately record the spot-checks and back-checks.
7. Travel to specific locations (including grey-zone) in the three Oblasts (to be determined in advance with the Methodological Expert and UNDP) to ensure that the survey is being implemented in accordance with the methodology/professional and ethical standards, and accurate reports are being submitted to UNDP on a weekly basis. The National Consultant will be responsible for communication with the supervisors on a daily basis to learn where they will be working, where the interviewers will be working, and any challenges or problems that need to be addressed.  This will be reported daily to the UNDP focal point. The National Consultant will also engage in quality assurance through a minimum of five field visits a week through the data collection phase, whereby interviewers will be observed in action and back-checks will be done to check the quality of work conducted.
8. Answer questions of enumerators and supervisors in the field, and direct questions as necessary to the Methodological Expert.
9. Prepare the guide for the deep interviews and conduct deep interviews with specific categories of people (at least 5 interviews of each category): people with disabilities, LGBT, women involved in sex-business and provide the analyzes of the data received.
10. Report any quality control concerns and emergency situations immediately to UNDP.
11. Prepare weekly update reports of the progress of the survey and mapping, including any quality control concerns.
12. Prepare Final Report on the results of the survey (general information), problems and concerns revealed, ways the problems and concerns were addressed, lessons learned, general observations and recommendations for the future iterations of the survey.

Additional assignment of the Expert would be producing the annual report for he Project “Rule of Law and Community Justice for Conflict-Affected Areas in Ukraine” which should include an analysis of the impact of project activities, based on the findings of the first and second waves of the Assessment.

The objectives of the Assessment – and the data generated by it - are three-fold:

1. To provide necessary data for tracking the progress of situation with people’s actual knowledge, comprehension, and attitudes, as well as their concerns and priorities, as regards the rule of law processes in their communities and in their country: specifically, access to justice, the protection of rights, and ensuring personal and community security to allow for effective M&E of Project interventions;
2. To track over time the public’s comprehension and acceptance, as well as the appropriateness of the focus and implementation mechanisms, of reforms being introduced to strengthen the rule of law, access to justice, and personal and community security throughout Ukraine – and, in particular in conflict-affected areas – and, thereby, facilitate more effective, evidence-based policy-making and planning amongst policy-makers, the government, and development partners; including, but not limited to, UNDP and other UN agencies;
3. To produce the annual report for he Project “Rule of Law and Community Justice for Conflict-Affected Areas in Ukraine” which should include an analysis of the impact of project activities, based on the findings of the first  and second waves of the Assessment.

Duties and Responsibilities

DESCRIPTION OF RESPONSIBILITIES / SCOPE OF WORK

In order to achieve the above objectives, the Expert should:

STEP 1: DESK REVIEW & CONSULTATION

1. With the advice and assistance of Project staff, the Expert should obtain and review other related past or planned studies, surveys or assessment on the broader justice and security sectors in Ukraine, including:

• UNDP, Security and Justice in Ukraine (Baseline) and it’s methodology, questionaries;
• UNDP, Social Cohesion and Reconciliation Index (SCORE);
• UNFPA, GBV & CEDAW surveys;
• HiiL, “Justice Needs in Ukraine” (2016);
• KhISR, Community Security Assessment (under the auspices of the RoL & CJ Project);
• UNDP OO Project, National Human Rights Survey (planned);
• EUAM, Public Opinion Survey;
• GfK Ukraine, “Study of Attitude towards Eurointegration in South and East of Ukraine”;
• USAID FAIR Justice, Court User Satisfaction surveys;
• OSCE SMMU “Access to Justice and the Conflict in Ukraine”;  
• Protection Cluster (various authors), surveys and studies.

2. With the advice and assistance of Project staff, the Expert should obtain and review all relevant Project documentation, including: the ‘Rule of Law & Community Justice’ Project Document, including Results & Resources Framework (RRF), Inception Report, 2016 Annual Report, annual work plan, and activity reports, as well as project or programming documentation from related (Democratic Governance and Recovery & Peacebuilding) UNDP projects.

3. In particular, facilitated fully by Project and UNDP staff - the Expert should provide recommendation on full complementarity of the Assessment methodology with the implementation of SCORE in the pilot regions.

STEP 2: DESIGN OF METHODOLOGY & QUESTIONNAIRE(S) 

Methodology and the questionary will be provided by UNDP.

The Expert should provide analysys of the change in public understanding and perception of the principles and processes since 2013 (i.e., pre-Maidan/pre-conflict).

The Expert should design the methodology to facilitate comparisons in follow-up surveys considering that the Assessment is to be repeated regularly over time - i.e., in annual follow-up assessment surveys, subject to updating/modification, to inform ongoing activity-planning, monitoring and evaluation, and tracking public comprehension/perception.

STEP 3: OVERSEE FIELD RESEARCH  

The Expert shall:

1. Remotely provide any additional training required for staff of the Field Survey Team/Research Company as is required by the methodology and questionnaire(s).
2. Receive and review data – including surveys - collected in the regions on a regular basis during implementation of the field survey - and advise the Field Survey Team/Research Company on any corrections required, either in the material collected or ongoing survey activities.
3. Receive, review, and approve the full data set, completed questionnaires, and final report from the Field Survey Team/Research Company upon completion of the field survey.

STEP 4: DRAFT & FINALISE ASSESSMENT REPORT

Based upon the data collected in the field by the research company, the Expert shall prepare and submit the Draft Assessment Report and, based upon feedback from UNDP to be provided within 2 weeks of submission of the Draft Assessment Report, revise and finalise it has the Final Assessment Report. The Draft and Final Assessment Reports should include the trend analysis in changes in data for each issue/problem or lack of such changes, based on the data of the two surveys conducted and possible identification of the factors that coused such change or lack of change.

The Draft and Final Assessment reports shall be high quality – and, in the case of the Final Report, publication-ready - reports, of at least 30 pages (plus annexes) with an executive summary of not more than 5 pages describing the Assessment’s key findings and recommendations in plain, readable English.

The Draft and Final reports prepared by the Expert should both include, inter alia:

1. A clear and concise overview of the data disaggregated by gender, age, location or other criteria as applicable;
2. Thorough analysis of the data, reflecting the Objective of the Assessment;
3. Trend analysis in changes in data for each issue/problem or lack of such changes, based on the data of the two surveys conducted and possible identification of the factors that caused such change or lack of change
4. Infographics (designed by expert) illustrating the data;
5. Case studies, if applicable;
6. Photographs, or other graphics, taken while collecting the data in the field, if applicable;
7. Concrete recommendations on how to improve public – and specific stakeholders’-understanding and/or perception of key justice and security sector institutions, their respective rights, responsibilities, and resources, as well as risks;
8. Identification of possible entry points/activities for UNDP Rule of Law & Community Justice Project; and
9. Annexes, including:

• A detailed description of the methodology, including sampling, data collection, data entry, data cleaning, etc. This should also include an outline of the assumptions and any limitations of the survey;
• The Assessment questionnaire(s);
• Detailed bibliography, including other surveys/studies reviewed;
• Analytical framework; and
• Quantitative findings.

The findings of the Assessment may be shared through a national (in Kyiv) and regional workshops with national stakeholders and beneficiaries, development partners, and/or the broader public. Presentation materials shall be prepared accordingly – in a format to be defined in advance by UNDP.

STEP 5: DRAFT & FINALISE ANNUAL REPORT FOR THE “RULE OF LAW AND COMMUNITY JUSTICE FOR CONFLICT-AFFECTED AREAS IN UKRAINE”

The Expert shall produce the draft of annual report for the Project “Rule of Law and Community Justice for Conflict-Affected Areas in Ukraine”, which should also include an analysis of the impact of project activities, based on the findings of the first Assessment and initial findings of the second Assessment, and based upon feedback from UNDP to be provided within 2 weeks of submission of the Draft Annual Report, revise and finalise it as the Final Annual Report.

4. Deliverables

Deliverable #	Task description	Deadline
Deliverable #1	Undertake the Desk Review. Develop/analysis of the methodology, and questionnarie	Up to 3 days from starting date
Deliverable #2	Instruct the Field Survey Team/Research Company and supervisors on the methodology, and questionnaire and monitor its collection of data (via Skype).	Up to 30 days after starting of the data collection process
Deliverable #3	Prepare the Draft Assessment Report and submit to UNDP in electronic format (Word) for review/approval.	Up to 7 days after data collection process completed
Deliverable #4	Finalise the Assessment Report, based upon feedback from UNDP, and submit to UNDP in electronic format (Word/pdf) for review/approval.	Up to 2 days after receiving the feedback from UNDP
Deliverable #5	Produce the annual report for he Project “Rule of Law and Community Justice for Conflict-Affected Areas in Ukraine” which should also include an analysis of the impact of project activities, based on the findings of the first and second waves of the Assessment.	by end of January, 2018

Approximate allocation of days for each specific task:

#	Task	Home-based
1	Background Reading	3
2	Consultancy meeting with implementing company and supervisors team	1
3	Acknowledge with the pilot testing analysys prepared by the national Expert, giving recommenations	1
4	Supervising Survey (including data entry and cleaning)	4
5	Data Analysis	4
6	Writing draft assessment report	7
7	Finalize assessment	2
8	Prepared additional documents for disseminating findings (i.e. PPT)	3
9	Drafting annual report for the “Rule of Law and Community Justice for Conflict-Affected Areas in Ukraine”	7
10	Finalize the annual report for the “Rule of Law and Community Justice for Conflict-Affected Areas in Ukraine”	3

The total number of reimbursed working days under the contract shall not exceed 35 (thirty-five) unless specifically agreed otherwise, in writing, by UNDP and the Expert.

Monitoring/Reporting requirements

1. The Expert will work in close cooperation and coordination with national consultant/trainer.
2. The Expert will provide regular (after each phase of the survey process) progress updates (mail/phone/report) to the Community Security and Social Cohesion Component Lead, RPP, as well as periodic briefings for UNDP Country Office senior management upon request.
3. The Project will make available to, or collect for, the Expert all information required in terms of desk review materials. UNDP will provide the required language translation/interpretation support for the consultancy meeting (via Skype) to Ukrainian/Russian, as required.
4. The Assessment methodology, questionnaires, draft and final Assessment reports, and related presentations or presentation materials are the property of UNDP.

PROPOSED PAYMENT SCHEDULE

Desirable payment schedule envisages three (3) tranches:

• The 1st – 25% after completion of deliverables 1-2;
• The 2nd – 25% after completion of deliverables 3-4;
• The 3rd – 50% after completion of deliverable 5.

Competencies

Competencies

Ethics & Values:

• Demonstrating / Safeguarding Ethics and Integrity;
• Demonstrates and promotes the highest standard of integrity, impartiality, fairness and incorruptibility in all matters affecting his/her work and status;
• Demonstrated knowledge and ability to research justice delivery and experience of participatory survey methodologies, including training/instruction of field data collectors;
• Demonstrated analytical skills; proven experience in review and analysis of raw data;
• Experience working with the UN/UNDP system agencies is an advantage;
• Previous experience working in a conflict-affected situation is an advantage.

Organizational Awareness:

• Excellent knowledge of development issues and internationally-agreed development goals;
• Excellent knowledge of gender responsive rule of law programming.
• Ability to lead formulation, design, oversight of implementation, monitoring and evaluation of development projects.
• Ability to lead strategic planning, change processes, RBM and reporting.

Developing & Empowering People/Coaching and Mentoring:

• Self-development, initiative-taking;
• Takes appropriate risk in developing new or adapting existing methods and approaches to more effectively perform tasks or to solve problems in new and unique ways.

Working in Teams:

• Acting as a team player and facilitating team work; 
• Works collaboratively with colleagues inside UN/UNDP as well as its partners and other stakeholders to pursue common goals.

Communicating Information and Ideas:

• Facilitating and encouraging open communication in the team, communicating effectively;
• Delivers verbal/written information in a timely, clear, organized and easily understood manner;
• Excellent oral and written skills to develop knowledge products in these areas.

Self-Management & Emotional Intelligence:

• Creating synergies through self-control tolerates conditions of stress, uncertainty or ambiguity and continues to maintain a positive outlook and to work productively.

Conflict Management/Negotiating & Resolving Disagreements:

• Managing conflict;
• Remains calm, composed and patient, regardless of his/her own state of mind in the face of conflict.

Knowledge Sharing & Continuous Learning:

• Learning and sharing knowledge and encourage the learning of others;
• Demonstrates commitment to ongoing professional development and keeps abreast of new developments in his/her professional field.

Appropriate and Transparent Decision-making:

• Informed and transparent decision making; 
• Accepts responsibility and accountability for the quality of the outcome of his/her decisions.

Required Skills and Experience

Qualification/Required Skills and Experience

• Master`s degree (or higher) in Sociology, Law, International Law, Human Rights or other relevant area.
• Minimum 7 years of progressive experience in human rights, rule of law, access to justice, sociological assessment or a related field;
• Proved conducted/supervised quantitative and qualitative research/study/survey on rule of law, access to justice-related issues – (Tracking Public Comprehension & Perception preferably) (At least 2 research/study/surveys);
• Proved experience in conducting/supervising assessments/surveys in partnership with civil society and government (at least 2 surveys);
• Excellent drafting and formulation skills; proven record of drafting official reports or papers/studies in the area of sociology, human rights, justice, reforms and projects;
• Fluency in English, both oral and written, is required; Russian/Ukrainian is an asset.

DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS

Applicants shall submit the following documents:

Required
	Personal CV, including information about past experience in similar projects / assignments and contact details for referees
	Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP
	Financial proposal
	At least 2 official reports or papers/studies (co-)authored in the area of sociology, human rights, justice, reforms and projects (or links for downloading)

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 installments 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 and number of anticipated working days).  

The Expert will be responsible for all personal administrative expenses associated with undertaking this assignment including office accommodation, printing, stationary, telephone and electronic communications, and report copies incurred in this assignment.

Travel costs

Travel is not required.

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.

EVALUATION CRITERIA

Educational background – 10 points max

10 pts – PhD degree in Sociology, Law, International Law, Human Rights or other relevant area;

8 pts – Specialist/Master’s degree in Sociology, Law, International Law, Human Rights or other relevant area;

Relevant professional experience in human rights, rule of law, access to justice, sociological assessment or a related field – 15 points max

10 pts – 7 years of progressive experience in human rights, rule of law, access to justice, sociological assessment or a related field;

15 pts – more than 7 years of progressive experience in human rights, rule of law, access to justice, sociological assessment or a related field;

Relevant professional experience in supervising research studies – 15 points max

10 pts – proved conducted/supervised quantitative and qualitative research/study/survey on rule of law, access to justice-related issues – (Tracking Public Comprehension & Perception) (At least 2 research/study/surveys);

15 pts – proved conducted/supervised quantitative and qualitative research/study/survey on rule of law, access to justice-related issues – (Tracking Public Comprehension & Perception) (more than 2 research/study/surveys)

Relevant professional experience in conducting assessments/surveys in partnership with civil society and government – 5 points max

5 points -  more than 2 assessments/surveys in partnership with civil society and government successfully conducted/supervised;

3 points – 2 assessments/surveys in partnership with civil society and government successfully conducted/supervised;

Relevant professional experience in drafting official reports/surveys – 20 points max

15 points - proven record of drafting official reports or papers/studies in the area of sociology, human rights, justice, reforms and projects (1-2 reports/studies);

20 points - proven record of drafting official reports or papers/studies in the area of sociology, human rights, justice, reforms and projects (more than 2 reports/studies);

Language skills – 5 points max

5 pts – fluent in English, working level in Ukrainian or Russian;

0 pts - fluent in English.

Maximum available technical score - 70 points.

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 obtaining a minimum 70% from the maximum available technical score (49 points) 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.

Maximum available technical score - 70 points.