309_National Consultant for the Organization of the Survey on State Services Accessibility and Local Residents’ Legal Needs Along the “Line of Contact”

Background

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I. Context

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 ??? “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 efficiency and availability of equal access to justice and other governmental services for the residents of the conflict-affected territories, including those living along the “Line of Contact” (LoC) and so called “grey zone”. The equal and just services should be ensured by the respective state authorities at the local level. At the same time, an understanding of the level of access to these services and actual legal needs would allow to create a baseline for further strategical planning of the respective authorities. Besides, the Free Legal Aid System in Ukraine (FLAS) will use this information for planning of further capacity building activities and awareness raising of its staff. For this purpose, the Project seeks to hire a qualified National Consultant (Consultant) to lead a survey on State Services Accessibility and Local Residents’ Legal Needs Along the “Contact Line”. This assignment will be closely coordinated with the Coordination Centre for Legal Aid Provision (CC).

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.

Duties and Responsibilities

II. Scope and Objective of the Assignment

The main objective of the assignment is to study and analyse the level of accessibility of the state and local governments services and actual legal needs of the residents along the “LoC”. This will be achieved by conducting the survey among the mentioned population in order to identify (1) the level of accessibility of some state / local governments’ and free legal aid services, as well as legal needs of the people. These findings will be used by FLAS to plan their activities on further capacity building. During the survey organization and implementation stages the Consultant will work with the sociological company contracted by UNDP. Any interactions between the Contractor and sociological company will be coordinated by UNDP. Besides, UNDP will provide guidance and share results of sociological company’s work.

The final result of this assignment is a preparation of a Report with the survey results, conclusions and recommendation for the CC.

 

III. Duties and Responsibilities

Under the supervision and day-to-day coordination with UNDP, the Consultant is expected to (1) propose a methodology and design research/survey instruments (questionnaires), (2) oversee the implementation of the data collection phase, and (3) analyse the results and produce a final report with a list of recommendations for UNDP and relevant national/local stakeholders.

For the purpose of this assignment, the residents of the settlements along the “LoC” in the 20 kilometres zone of Donetsk and Luhansk oblasts, GCA, are being considered as a target group.

The Consultant will ensure the mainstreaming of gender equality considerations in all aspects of the assignment, promote a safe and enabling environment free of any kind of discrimination and abusive behaviour, respect differences and accord equal spaces and dignity regardless of personnel’s sex, ethnicity, sexual preference, gender identity, (dis)ability or other markers of identity, and use the principles of gender-responsive communications in line with the UNDP corporate standards.

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

a) The Consultant will develop and agree with UNDP detailed work plan with timeline. Development of the Survey methodology and the survey tool (questionnaire)

At this step the Consultant will prepare the detailed workplan and gender responsive and inclusive survey methodology with integrated gender equality considerations, which should be coordinated with the CC and should be approved by UNDP. The methodology shall include the following aspects: design of the sample (size, selection and method), quality assurance processes, ethics and data privacy considerations, etc.

The survey should cover the accessibility of services on the following topics:

• Access to information;
• Access to electronic services;
• Availability of services for persons with disabilities;
• Availability of services in the remote areas.

This list is not exclusive and gives the examples for the overall understanding. The Consultant should complete this list.

Also, the survey should cover accessibility to the following authorities:

• FLAS;
• Local Courts;
• Police;
• Respective departments of the Pension Fund of Ukraine;
• Respective departments of the social protection;
• Respective units of CIMIC.

This list is not exclusive and may be supplemented by other authorities.

The part of the survey dedicated to the legal needs’ assessment should cover the range of issues which are covered by FLAS. The proposed methodology will be used as a part of the respective ToR for the Sociological Company.

b) Desk review of the FLAS interventions for awareness raising on the legal aid services. Preparation of the Inception Report

The Consultant is responsible for the preparation of an Inception Report with short description of the awareness raising initiatives which were undertaken by the CC. For this, s/he will conduct a desk review, incorporating gender analysis, of the relevant knowledge products and information which will be provided by the CC and UNDP. Besides, the Consultant will include information about known awareness raising interventions for the target group measuring the effectiveness of the implemented activities. The prepared Inception Report will be a basis for the next step of the assignment.

The Inception Report should be coordinated with the CC and approved by UNDP.

c) Oversee the field stage of the assignment

The Consultant will ensure the quality of the field stage of this assignment and review the compliance with the methodology. For this, the Consultant will visit the survey events (the number of events to visit will be discussed after the methodology will be finalized) and make phone calls to the surveyed respondents.

d) Analysis of the results and preparation of the Final Report

The Consultant will prepare the Final Report with, at least, a technical summary describing the survey methodology, sampling and interviewing methods, and of the survey results. S/he will provide recommendations on ways to improve the state services accessibility and satisfy the legal needs of the local residents along the “LoC”. The Inception Report should be a part of the Final Report. This stage of the assignment will also include:

d.1) Review the Technical Report, conducted by the Sociological Company, provision of the inputs (if needed); UNDP will approve its final version;

d.2) Preparation of draft Final Report with respective analysis, including gender analysis, of the obtained data disaggregated by sex and other characteristics in order to receive a feedback from the CC and UNDP;

d.3) Preparation of the Final Report, including the conclusions and recommendations on the assessed subject. This document will be reviewed by the CC and approved by UNDP.

d.4) Preparation of the Executive Summary of the Final Report with brief description of the main findings and outcomes of the desk review and survey.

The Consultant will take part in the presentation of the Final Report’s findings. UNDP will provide technical support in 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 so.

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

• Inception report in *.docs format, at least 20 pages, Times New Roman, 12 pt., lines space – 1,15, Annexes are followed as necessary;
• Finalized survey tool (methodology and questionnaire) in *.docs and/or *.xlsx formats, at least 7 pages, Times New Roman, 12 pt., lines space – 1,15, Annexes are followed if necessary;
• Draft Final Report with graphs in *.docs format at least 40 pages, Times New Roman, 12 pt., lines space – 1,15, Annexes are followed if necessary;
• Final Report with graphs in *.doc format at least 45 pages, Times New Roman, 12 pt., lines space – 1,15, Annexes are followed if necessary.
• Executive Summary of the Final Report in *.doc format, no more than 10 pages, Times New Roman, 12 pt., lines space – 1,15.

The table below shortly describes responsibilities of all involved parties:

#	Expected                 Outcome	National Expert	Sociological Company
1.	Preparation of a work plan	Prepares the workplan	Provides inputs to the workplan
2.	Inception Report	Takes the overall responsibility on the preparation of an inception report, provides desk review	n/a
3.	Survey methodology and draft questionnaire	Prepares survey methodology (including questionnaire), finalizes it	Provides inputs to survey methodology and questionnaire, including number and wording of questions and sampling; tests the draft questionnaire and provides feedback to the Consultant
4.	Survey	Monitoring, Quality assurance	Conducts survey, prepares the Statistical Report
5.	Data analysis	Reviews the Statistical Report, provides the inputs (if needed); approves the final version	Analyses the obtained results; prepares the Statistical Report
6.	Final Report	Prepares the Final Analytical Report	n/a

 

IV. Deliverables

The following deliverables will be provided by the contractor

 

#	Deliverable	Approximate number of working days	Dates of submission
	Preparation of the detailed work plan	2	by the 3rd week of the assignment
2.	Preparation of the Survey methodology and survey tool (questionnaire)draft questionnaire	5	by the 6th week of the assignment
3.	Preparation of the Inception Report	6	by the 7th week of the assignment
4.	Conducting the data analysis of the survey	9	by the 16th week of the assignment
5.	Preparation of the Final Report	8	by the 18th week of the assignment

 

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.

Deliverables 1-3	50% of the total payment
Deliverables 4-5	50% of the total payment

VI. Monitoring and Reporting Requirements

The Consultant will work under overall supervision of the Community Security and Social Cohesion Component Lead and direct coordination of the Rule of Law and Access to Justice Specialist 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 to the Rule of Law and Access to Justice 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.

Competencies

VII. Experience and Qualifications Requirements

• At least Bachelors’ degree or equivalent in Law;
• At least 5 years of relevant professional experience in the field of Law;
• Experience in research: At least 3 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 years of experience in the field of access to justice and state authorities’ services of the residents along the “LoC”;
• Languages proficiency: Fluency in Ukrainian, working level of English would be an advantage.

           Competencies

• 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.

VIII. Documents to Be Included When Submitting the Proposals

Applicants shall submit the following documents:

	Letter of interest/proposal, providing brief methodology on how the work will be conducted and/or approached;
	Professional Resume/CV or UNDP P11 form, including information about past experience in similar projects / assignments;
	Financial proposal (according to defined deliverables);
	At least 2 positive reference/recommendation letters from previous customers.
	At least 3 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 ).

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.

Required Skills and Experience

X. Evaluation Criteria

• Educational background – 5 points max

[5 pts – PhD degree; 3 pts – Bachelor’s degree];

• Relevant professional experience – 20 points max

[20 pts – more than 10 years of relevant professional experience in the field of Law; 17 pts – 6-9 years; 15 pts – 5 years];

• At least 2 years of experience in the field of access to justice and state authorities’ services of the local residents along the LoC - 21 pts max

[21 pts – ; 17 pts – ; 14 pts – ];

• Experience in conducting research studies/methods and data analysis – 20 points max

[8+ highly relevant studies - 20 pts; 4-7 highly relevant studies – 17 pts; 3 highly relevant studies - 14 pts];

Languages proficiency – 4 points max

[4 pts – working level of English and fluency in Ukrainian; 3 pts – fluency in 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 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.