National Consultant – Comprehensive Analysis of implications of introducing the status of legal entity to local communities (MZs), and implications of the Law on Local Communities in Brcko District

Background

In 2015, UNDP launched the implementation of the Strengthening the Role of Local Communities/Mjesne zajednice in Bosnia and Herzegovina Project, which is financed jointly by the Government of Switzerland and the Government of Sweden. The project goal is to improve quality of life of the citizens of Bosnia and Herzegovina (B&H) through improving local infrastructure and services, increasing democratic accountability and social inclusion. The chosen means to achieve this goal is through encouraging community-led local development and revitalising of mjesne zajednice (MZs) as the places where government comes closest to the people and as grass-roots organisations that serve communities, with the possibility for real participation and joint action.

The Project's implementing strategy is to support and drive forward change from bottom-up by engaging citizens and communities and giving them a voice in local governance processes, and by revitalising MZs as spaces where citizens come together to interact and involve, to identify and solve problems, to transmit their concerns to the local government and participate in the ways it makes its plans, spends their money and takes decisions that affect people’s lives. In doing so, the Project places MZs and their communities at the centre of its work, while also relying on a broad range of relevant stakeholders to sustain and expand Project results and increase democratic accountability. The Project works with 24 LGs and 136 MZs country-wide.

Purpose of the Consultancy

The purpose of the consultancy is to review and assess implications of introducing the status of legal entity to local communities (MZs) in Republika Srpska (RS), and level of implementation and implications of the Law on Local Communities in Brcko District (BD), with focus on the benefits as well on weaknesses of the mentioned statuses it brings to MZs.

Objective of the Consultancy

The consultancy is expected to, through review of current legislative framework, assess implications of introducing the status of legal entity to local communities (MZs) in RS, and implications of the Law on Local Communities in Brcko District. Main focus of the consultancy are the benefits and weaknesses of possessing the status of legal entity and effects it brings to MZs as well as financial implications. In addition, consultancy should asses the implementation of the Law on Local Communities in Brcko District focusing on its unique definition of MZs and implications of the Law on MZs. Assignment should be based on desk research as well as on qualitative and quantitative field research, which is expected to be undertaken through meetings, discussions and eventual polls undertaken with the targeted stakeholders. Final deliverable for this consultancy should be comprehensive report on benefits and weaknesses on different legal statuses of local communities in BiH with recommendations for potential improvement and/or adaptation of the legislative framework on these matters.

Duties and Responsibilities

This consultancy should contribute to identifying implications of introducing the status of legal entity to local communities (MZs) in RS, and implications of the Law on Local Communities in Brcko District.

In this context, the scope of work for this consultancy will focus on the following tasks:

Task 1 output: The consultant will in coordination with MZ project staff review existing analysis on legal status of MZs and take into consideration previously developed documents prior to taking on the Task 2.

Task 2 output: Consultations with stakeholders on the current legislative framework (entity and Brcko District) with particular focus on implications of status of legal entity of MZ, possible introduction of status of lrgal entity in RS, and the effects of the Law on Local Communities in Brcko District. The consultations/assessment should include local level (LGs) as well as higher level government (relevant ministries and commissions) representatives in order to gather information necessary for completion of Task 3.

Task 3 output: Final report with findings and recommendations. This comprehensive report will focus on benefits and weaknesses on different legal statuses of local communities in BiH with recommendations for potential improvement and/or adaptation of the legislative framework on these matters. It should cover the following:

• Implications of status of legal entity for MZs in FBiH (¨pros and cons¨);
• Implications of MZs not having status of legal entity in RS. Benefits of introducing new status;
• Effects of Law on Local Communities in Brcko District, status of MZs in BD
• Findings and recommendations.

Deliverables and timelines

The Consultant is expected to provide the following three key deliverables:

#	Deliverables / outputs	# of days per task	Due date	Percentage
1	Deliverable 1: Overview of the current legislative framework, review of existing documents regarding MZ legal entity status.	3	June 2019 (3 expert days)	15.00%
2	Deliverable 2: Assessment on implications of status of legal entity of MZ and effects of Law on Local Communities in Brcko District. Findings should be focused on benefits and weaknesses of possessing the status of legal entity and effects it brings to MZs as well as financial implications.	10	By the end of June 2019 (10 expert days)	50.00%
	Deliverable 3: Final report with findings and recommendations (the report should be structured around following topics): Overview of the legislative framework. Implications of status of legal entity for MZs in FBiH (¨pros and cons¨); Implications on MZs not having status of legal entity in RS. Benefits of introducing new status; Effects of Law on Local Communities in Brcko District, status of MZs in BD Findings and recommendations	7	By the mid-July 2019 (7 expert days)	35.00%

It is envisaged that the level of effort will not exceed 20 expert days.

Competencies

Core values:

• Demonstrates integrity and fairness by modelling UN values and ethical standards;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability.

Core competences:

• Demonstrates professional competence to meet responsibilities and post requirements and is conscientious and efficient in meeting commitments, observing deadlines and achieving results;
• Results-Orientation: Plans and produces quality results to meet established goals, generates innovative, practical solutions to challenging situations;
• Communication: Excellent communication skills, including the ability to convey complex concepts and recommendations, both orally and in writing, in a clear and persuasive style tailored to match different audiences;
• Team work: Ability to interact, establish and maintain effective working relations with a culturally diverse team;
• Client orientation: Ability to establish and maintain productive partnerships with national partners and stakeholders and pro-activeness in identifying of beneficiaries and partners’ needs and matching them to appropriate solutions.
• Strong analytical and reporting abilities; Excellent organizational and facilitation skills; Excellent public presentation and moderation skills.

Required Skills and Experience

Academic Qualifications/Education:

• Advanced University degree in law or public administration.

Experience:

• At least 5 years of relevant experience in the field of legislation analyses in Bosnia and Herzegovina;
• Proven ability to undertake professional research using both quantitative and qualitative methods;
• Proven skills and previous experience in facilitation of public consultative policy development processes in Bosnia and Herzegovina, engaging a diverse set of public, non-governmental and civic participants;
• Proven communication and advocacy skills, and ability to work in an environment requiring liaison and collaboration with multiple actors including government representatives, donors and other stakeholders;
• Proven analytical skills and ability to conceptualize and write concisely and clearly;
• Previous work for UN agencies or concrete work at local government level in the country is considered as unique asset.

Languages Requirements:

• Fluency in languages of Bosnia and Herzegovina (excellent writing, editing and communication skills).
• Fluency in English is an asset.

Other Requirements:

• Excellent computer skills (MS Office applications) and ability to use information technologies as a tool and resource.

Award Criteria: The consultancy will be awarded to the highest qualified applicant through the combination of technical qualifications and financial offer.

Long/Shortlisting Criteria

Criteria	Weight	Max Points
University degree in law, public administration, political sciences, social sciences or related field.	30%	30
Relevant experience in similar assignments	30%	30
Methodological approach to the assignment and stakeholder’s involvement	30%	30
Previous experience with UNDP or international UN Agencies	10%	10

Only candidates obtaining a minimum of 70 points would be considered for an interview

Technical Evaluation Criteria

Criteria	Weight	Max. Point
Qualification Score	50%	50
Interview	50%	50

Only candidates obtaining a minimum of 70 points would be considered for the Final Evaluation

EVALUATION

Individual consultants 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 individual consultant whose offer has been evaluated and determined as:a) responsive/compliant/acceptable, andb) 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%

Applicants are required to submit an application including:

• Proposal:

  • Brief methodology for this assignment, with the focus on research methods to be used and approach to stakeholder engagement;

  • Completed and signed the Offeror’s template Confirming Interest and Availability (please follow the link: https://popp.undp.org/_layouts/15/WopiFrame.aspx?sourcedoc=/UNDP_POPP_DOCUMENT_LIBRARY/Public/PSU_%20Individual%20Contract_Offerors%20Letter%20to%20UNDP%20Confirming%20Interest%20and%20Availability.docx&action=default);
  • Latest personal CV, including past experience from similar projects, and email, telephone and any other contact details for references;
  • Financial proposal which will separately specify professional fee, indicating number of anticipated working days, travel costs (air-ticket or use of private vehicle), living allowance, and all other applicable costs.

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.