National Consultant to Conduct Regulatory Impact Assessment of the future regulation of financing civil society organizations
home based with travel within bih - sarajevo
NOTE: Signed Offeror’s Letter to UNDP Confirming Interest and Availability - https://www.ba.undp.org/content/dam/bosnia_and_herzegovina/docs/Operations/Jobs/Offerors%20Letter%20to%20UNDP%20Confirming%20Interest%20and%20Availability.docx - Letter to UNDP Confirming Interest and Availability.docx - to be sent to e-mail email@example.com with Subject: Job ID 92524.
As part of the UNDP BiH’s Rural and Regional Development Sector’s portfolio, the Enable and Manage more Beneficial Civil Society Environment (EMBRACE) aims to support social development through capacitating civil society actors to better address the needs in local communities. EMBRACE project is funded by the Norwegian government in the amount of 5 million NOK (1 million BAM), and over the course of one year the project will work with more than 20 civil society organizations (CSOs) from Bosnia and Herzegovina and relevant government stakeholders to improve services for more than 3,100 citizens. The Project will also work on identifying and addressing gaps in the policy enabling environment for the public funding of CSOs. Thus, EMBRACE will closely collaborate with the state and entity ministries.
The purpose of this assignment is to provide support and expertise to the Project and Ministry of Justice of the Federation of Bosnia and Herzegovina, (hereinafter: the institutional stakeholders) in undertaking the Regulatory Impact Assessment (RIA) of the future regulation of financing civil society organizations in the Federation of Bosnia and Herzegovina (FBiH).
The main objective of the RIA is to assess the likely benefits, costs and effects of the new legislation for financing civil society organizations in the Federation of Bosnia and Herzegovina (FBiH), its prospective impact on the society (civil society environment, public budgets, social status of citizens and groups and environment) and to offer the most appropriate solutions based on the conducted analyses.
Specifically, the RIA is aimed at improving understanding of the need for adoption of the new legislation based on the real-world impacts of the government action; raising effectiveness and efficiency of public administration; integrating multiple policy objectives and improving transparency and government accountability through the provision of more extensive information on and the demonstration of how government decisions benefit the society.
Duties and Responsibilities
The RIA will be conducted by a national consultant, who will closely work in consultation with and under the guidance and supervision of the Programme Office and Regional Programme Manager. Specifically, the Consultant will be responsible for the following tasks:
Task 1: Review the existing regulations on funds disbursement for CSOs and develop work plan and the RIA methodology
Under this task the Consultant is expected to:
- Conduct desk review of the existing regulations and documents on financing of CSOs in the FBiH. The Consultant will look into all relevant and available analyses of public spending and funds disbursement for CSOs in FBiH, analyses of public spending and practices in cantons in the FBiH, the practices applied by the local governments in the FBiH, as well as internal UNDP analyses and other available sources. Additional specific documents and inputs for review in the area of civil society, public finance, social welfare of the citizens and groups in need and environment, from both BiH and the region that will be provided by the Federal Ministry of Justice and the UNDP. Moreover, the Consultant is expected to well familiarize him/herself with the Decision of the Government of FBiH on Regulatory Impact Assessment (“Official Gazzete of the FBIH“, No. 55/14 and 19/20), Rules and Procedures for Drafting Laws and Others Regulations of the Federation of Bosnia and Herzegovina ("Official Gazette of the FBiH", No. 71/14), Rulebook on the Procedure for Preparation of the Statement on Fiscal Assessment of Laws, Other Regulations and Budget Planning Acts ("Official Gazette of the FBiH", No. 34/16 and 15/18), and the accompanying by-laws related with regulatory impact assessment in the FBiH.
- Hold introductory meetings with the Federal Ministry of Justice, the Federal Ministry of Finance, the Office of the Government of Federation of Bosnia and Herzegovina for Legislation and Harmonization with European Union Regulations, Tax Administration office of the FBiH, the Gender Center of the Federation of Bosnia and Herzegovina, the FBiH Association of Municipalities and Cities and other relevant stakeholders and the UNDP.
- Design a workplan and a brief methodological approach to conducting RIA that before the assessment starts will be presented, showing how each stage of the process will be carried out, and agreed with the institutional counterparts and the UNDP. The RIA methodological approach will be designed in accordance with the Decision of the Government of FBiH on the Regulatory Impact Assessment and the accompanying bylaws.
This task will be delivered by the end of July and the level of effort will not exceed 5 expert days.
Task 2: Conduct the assessment and produce a draft report with a detailed RIA of the future regulation of Financing Civil Society Organizations in the FBiH including consultations with institutional stakeholders
In conducting the assessment and preparing the draft RIA, the consultant will focus on the following key RIA elements:
- Overview of the existing state of affairs in the area of financing and funds disbursement from public budgets to CSOs in FBiH (entity, cantonal, and local governments’ level) and a brief reflection of best practices in BiH and the Western Balkans region.
- Defining the regulatory problem, causes and consequences. The problem to be solved by the future regulation should be precisely stated, giving evidence of its nature and magnitude, and explaining why it has arisen (identifying the incentives of affected entities).
- Defining objectives and regulatory measures that address the identified problems.
- Identifying and analyzing different regulatory options, including direct and indirect economic, social and environmental impacts, administrative obstacles and benefits.
- Assessing alternative options. The central phase of RIAs most of the time results in a cost-benefit analysis but can also be a cost-effectiveness analysis or a risk analysis. Options assessed must include the “no policy change” scenario.
- Identifying preferred regulatory option/s. Once the different options have been identified and scrutinized (usually by comparing the costs and benefits), the comparison of the different assessment will lead to the identification of the most efficient option, and conduct consultation, monitoring and evaluation.
- Preparing Draft RIA Report on the forms prescribed by the RIA regulation that also includes criteria for monitoring of impact of the practical implementation of the legislation as well as recommendations in terms of content of the regulations in FBiH. The Draft RIA should contain recommendations based on the most appropriate option or a combination of options, in line with the RIA methodology, including the proposed institutional framework and main elements of the future regulatory framework in the area of financing civil society organizations.
For purposes of preparation of the Draft RIA Report, the Consultant will collect relevant data by telephone and face-to-face interviews with stakeholders, or via sharing paper questionnaires, organizing online surveys, focus groups, etc.
- Consultations with institutional stakeholders
Following the preparation of the RIA document, the Consultant will be expected to support the institutional stakeholders in conducting consultations. More specifically, consultation meetings will be held with the Federal Ministry of Justice, the Federal Ministry of Finance, the Office of the Government of Federation of Bosnia and Herzegovina for Legislation and Harmonization with European Union Regulations, Tax Administration office of the FBiH the Gender Center of the Federation of Bosnia and Herzegovina, the FBiH Association of Municipalities and Cities and other relevant stakeholders. One debriefing session will be held at the end of the assessment process to present the main findings of the assessment.
The final debriefing session will be held, either in person or in a form of an online debriefing session (online meeting), after which the Draft RIA Report must be formally approved by UNDP. The Task 2 will be completed by the end of August 2020 and the level of effort for the Task 2 will not exceed 13 expert days.
Task 3: Submission of the Final RIA Report
Following the consultations from Task 2, the Final full RIA Report along with recommendations will be prepared in line with the Decision of the Government of FBiH on Regulatory Impact Assessment (“Official Gazzete of the FBIH“, No. 55/14 and 19/20) and will be submitted to and validated by the institutional stakeholders and the UNDP. Final full RIA Report along with recommendations will be prepared in one of the official languages in BiH.
This task will be completed by mid-September. The level of effort will not exceed 2 expert days.
Deliverables / Outputs
# of Days per Task
Task 1: Review the existing regulations on funds disbursement for CSOs and develop work plan and the RIA methodology• Work plan and RIA methodology designed and approved by the institutional stakeholders and the UNDP
25 July 2020
Task 2: Conduct the assessment and produce a draft report with a detailed RIA of the future regulation of financing civil society organizations in the FBiH including consultations with institutional stakeholders• Draft RIA on regulation of financing civil society organizations in the FBiH, conducted• Consultations with institutional stakeholders conducted
28 August 2020
Task 3: Submission of the Final RIA Report• Final RIA Report submitted and approved by the institutional stakeholders and the UNDP
05 September 2020
Corporate Responsibility and Teamwork:
- Demonstrates commitment to UNDP’s mission, vision and values;
- Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
- Plans, prioritizes and delivers tasks on time;
- Strives for and promotes excellence in performance continually;
- Participates effectively in a team-based, information-sharing environment, collaborating and cooperating with others;
- Generates ideas and seizes opportunities to support corporate strategic objectives.
- Demonstrated ability to work harmoniously with persons of different national and cultural backgrounds;
- Recognizes and responds appropriately to the ideas, interests, and concerns of others;
- Builds trust and engenders morale by displaying open, transparent and credible behavior;
- Respects individual/cultural differences; utilizes diversity to foster teamwork;
- Ensures others’ understanding of, involvement in, and adaptation to a change process.
Partnering and Networking:
- Communicates sensitively and effectively across different constituencies;
- Ability to work as a member of a team as well as work autonomously.
- Plans and ensures quality results to meet established goals.
- Formulates written information clearly and persuasively;
- Shares information openly with co-workers and partners while using discretion to protect confidences;
- Presents information in a clear and articulate manner.
Job Knowledge and Expertise:
- Strong analytical skills;
- Advanced writing skills,
- Progressive knowledge of strategic planning at local and higher levels and the related methodologies;
- Strong facilitation and coordination skills;
- Substantive knowledge on security issues and activities with an emphasis on local communities;
- Executes day-to-day tasks systematically and efficiently;
- Initiative and sound judgment.
Required Skills and Experience
- University degree in law, economics or related fields.
- at least 7 years of relevant experience in the area of design and delivery of technical assistance and advice to public institutions;
- previous experience in conducting systemic analyses in the area of strategic planning and management;
- previous experience in working directly with FBiH institutions in the area of public administration reform and public finance is a distinct asset;
- excellent knowledge and understanding of the governance policy and legal framework within the FBiH, as well as of main public administration reform policies and main legal framework regulating public sector procurement and financial processes;
- previous experience in undertaking RIA is a distinct asset.
- Fluency in official languages in BiH;
- Fluency in English is an asset.
Qualifications as stated in the ToR
Max 10 points will be assessed as:
(5 points allocated BA
+ up to 3 for MSc/MA;
+ up to 2 points for PhD).
Relevant professional experience
Max 15 points.
Fluency in official languages in BiH Fluency in English is an asset.
Max 5 points will be assessed as:
3 points allocated for fluency in official languages in BiH;
+ 2 points for fluency in English.
Technical Evaluation Criteria
Rating based on Qualifications
Max 30 points
Max 70 points
Individual will be evaluated based on the following methodology:
When using this weighted scoring method, the award of the contract should be made to the candidate 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%
Interested candidated must submit the following documents/information to demonstrate their qualifications:
- Financial proposal;
- Personal CV including past experience in similar projects and at least 3 references.
Please scan all above mentioned documents and upload as one attachment only online through this website.
- 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.