Consultant for Elaboration of Legal Act on Fluorinated gases
The EU4Climate Project helps governments in the six EU Eastern Partner countries - Armenia, Azerbaijan, Belarus, Georgia, the Republic of Moldova and Ukraine - to take action against climate change. It supports countries in implementing the Paris Climate Agreement and improving climate policies and legislation. Its ambition is to limit climate change impact on citizens lives and make them more resilient to it. EU4Climate is funded by the European Union (EU) and implemented by the United Nations Development Programme (UNDP).
The objective of the project is to support the development and implementation of climate-related policies by the Eastern Partnership countries that contribute to their low emission and climate resilient development and their commitments to the Paris Agreement on Climate Change. It identifies key actions and results in line with the Paris Agreement, the "20 Deliverables for 2020”, and the key global policy goals set by the UN 2030 Agenda for Sustainable Development. The project will also translate into action priorities outlined in the Eastern Partnership Ministerial Declaration on Environment and Climate Change of October 2016.
To realize this project goal, the following results should be achieved:
- Result 1: Finalized or up-dated nationally determined contributions communicated to the UNFCCC;
- Result 2: Improved inter-institutional awareness and coordination at political and technical level of the Paris Agreement and the corresponding national commitments;
- Result 3: Established or strengthened MRV systems, with countries getting on track with Paris Agreement transparency requirements;
- Result 4: Advanced alignment with EU climate acquis as provided by bilateral agreements with EU and in the context of Energy Community Treaty on climate matters that are not covered by the EU4Energy programme;
- Result 5: Establishment of concrete sectoral guidelines for the implementation of the Paris Agreement in each of the Eastern Partners;
- Result 6: Increased mobilization of climate finance;
- Result 7: Enhanced adaptation planning.
Duties and Responsibilities
Under the overall supervision of the Regional Project Manager and the National Project Coordinator the National Consultant is expected to assist the Ministry of Environmental Protection and Agriculture of Georgia on elaboration of legal act of Georgia on Fluorinated gases by December 2019. Consultant will conduct a research and analytical work to elaborate new Law on Fluorinated gases (F-gases) for Georgia. Consultant will be assisted in his research by the MoEPA staff. Consultant will be furnished by the MoEPA with recent reports in the field of focus, as well as available relevant data and statistics. Energy Community, which partners UNDP under this project, will conduct detailed analysis of existing legislative framework in Georgia to check its compatibility and alignment with EU acquis and based on identified gaps analysis prepare a roadmap for legislative alignment with EU acquis. As this work will be conducted almost in parallel with the current assignment, consultant is required to coordinate its activities with Energy Community through UNDP CO and National Project Coordinator.
Main tasks to be accomplished by consultant are:
- Desk Review: analyze current Georgian legislation with regard to F-gases including Law of Georgia on Atmospheric Air Protection, its normative legal acts related to the Ozone Depleting Substances and its maintenance and all relevant recent reports and legal acts furnished by The MoEPA;
- identify possible models / best international examples for the elaboration of legal act of Georgia on F-gases;
- Develop draft sub-legal act (subordinate legal act) on F-gases;
- Present draft sub-legal act on F-gases to the MoEPA;
- Participate in consultations with the MoEPA and other actors and facilitate related discussions;
- Finalize Draft sub-legal act ) on F-gases and resubmit to the MoEPA;
- Coordination with Energy Community on EU Aquis / F-gases
The work of service provider will be directly supervised by the EU4Climate National Coordinator under the overall supervision of the Eu4Climate Regional Manager. The service provider will be directly responsible to, reporting to, seeking approval from, and obtaining certificate of acceptance of outputs from the above-mentioned persons.
- Detailed work plan for implementation of the assignment (within 3 days of the assignment start)
- Report on desk review results and possible models (18 November 2019)
- Draft sub-legal act on Fluorinated gases (15 December 2019)
- Final version of sub-legal act on Fluorinated gases (31 January 2020)
The payment of a lump sum will be made in 3 instalments:
- 20% - upon submission and clearance by PM of deliverables 1-2;
- 40% - upon submission and clearance by PM of deliverables 3;
- 40% - upon submission and clearance by PM of deliverables 4.
Acceptance of deliverables by UNDP Georgia will be made after quality certification of the deliverables by UNDP CO.
- Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
- Highest standards of integrity, discretion and loyalty.
Knowledge and skills:
- Extensive knowledge in at least one of the following fields: climate change mitigation, environmental protection and management.
- Proven ability to interact with and relate to people at all levels and in the field working conditions with different stakeholders
- Proven ability to i) work flexibly and independently with limited supervision and deliver quality results against tight deadlines; and ii) supervise a small team at a distance
- Proven ability to work in a complex environment with different national and international experts/consultants
- Excellent communication skills both in written and oral, cultural sensitivity
- Strong analytical and writing skills;
- Strong planning, communication, research and analytical skills.
- Ability to communicate effectively in order to communicate complex, technical information to both technical and general audiences;
- An innovative, pro-active approach to problem-solving
- Skills in negotiating effectively in sensitive situations;
- Skills in achieving results through persuading, influencing and working with others;
- Skills in facilitating meetings effectively and efficiently and to resolve conflicts as they arise.
Required Skills and Experience
- Master’s degree in law. Doctoral degree will be an asset (minimum requirement: master's degree – 7 points; PhD – additional 2 points).
- At least three years of policy advisory or legislative practice experience (minimum requirement: 3 years – 7 points, more than 3 years – additional 3 points);
- At least three years of work experience with the environmental, climate change or related legislation (minimum requirement: 3 years – 6 points, more than 3 years – additional 4 points);
- At least three years of experience in carrying out legislative, policy, organizational, functional, needs analysis, or similar consultancy for the government organizations (minimum requirement: 3 years – 7 points, more than 3 years – additional 3 points);
- Proven experience in drafting laws or preparing legal amendment packages (minimum requirement: 8 points)
- Experience in working with or for government institutions as well as civil society organizations is preferred but not required.
- Fluency in Georgian and English. Excellent writing skills in Georgian and English .
Individual consultants will be evaluated based on the cumulative analysis method: Offerors will be evaluated against combination of technical and financial criteria. Maximum obtainable score is 100, out of which the total score for technical criteria, that includes desk review and interview scores and in total equals to 70 and for financial criteria – to 30. Technical evaluation composes of desk review (50 points) and interview (20 points). Offerors that do not meet Minimum Qualification Criteria will be automatically rejected, while the rest will form up the long list. The offerors who obtain minimum 35 points as a result of the desk review will be invited for the interview. Offerors who pass 70% threshold, i.e. obtain minimum 14 points, as a result of the interview will be requested the financial proposal.
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. Maximum 30 points will be assigned to the lowest price offer. All other price offers will be scored using the formula (inverse proportion): Financial score X = 30* the lowest price offer/suggested price offer. All envisaged travel costs must be included in the financial proposal as well.