2280 Consultant for Concessions and Public Private Partnerships
To provide technical expertise in the area of Concessions and Public Private Partnerships.
To enhance overall quality of monitoring and managing Concessions and Public Private Partnerships.
Public-private partnerships (PPPs) were introduced in Serbia through the enactment of the on Public-Private Partnerships and Concessions Act (PPPCL) in 2011. In 2016, the said Act was twice amended to account for several highly complex, challenging and high-value projects being undertaken. The enactment of these amendments significantly helped with the completion of these PPP projects in 2017 and 2018. The projects commenced since then require additional amendments to the PPPCL, which are expected to be proposed and adopted in 2021.
Capital investments on sub-central levels and local governments constitute a significant share of the public sector. Such kind of investments substantially contribute to the (i) reduction of fiscal pressure on the budgets of all levels of government, (ii) increase in the volume of infrastructure investment, (iii) risk transfer, (iv) implementation of projects within the planned financial and time frame, (v) increase in value for taxpayers' money as end users, (vi) reduction of public debt levels, (vii) improving the quality of public services and lowering their prices, etc. While current legislation in Serbia covers some fiscal risks and some aspects of their management, important gaps remain in the country’s fiscal risk management framework. The Department for Fiscal Risks Monitoring in the Ministry of Finance (“MoF”) should ensure that fiscal risks are properly identified, quantified, monitored, mitigated, and disclosed. The MoF has recognized that Concessions and PPPs should be further developed in the context of fiscal risks monitoring, particularly bearing in mind that Concessions and PPPs are excluded from the PIM Decree. The legal framework in relation to Concessions and PPPs should be additionally analysed, revised and put in a perspective of fiscal risks monitoring.
Duties and Responsibilities
- To assess the ongoing Concessions and PPP processes from legal perspective;
- To provide a methodology and dashboard with indicators for monitoring Concessions and PPPs;
- To cooperate closely with MoF.
Deliverables and timelines
The consultant is responsible for the following deliverables:
Report containing a detailed analysis of current legal framework related to PPPs and concessions, produced, submitted and approved
August 31, 2021
Draft of a methodology and dashboard with indicators for monitoring Concessions and PPPs, produced, submitted and approved
October 31, 2021
Final report on a methodology and dashboard with indicators for monitoring Concessions and PPPs, produced, submitted and approved
December 7, 2021
All deliverables will have to be submitted electronically in Serbian language and quality reviewed and approved or accepted by the Technical Advisor – Organizational Restructuring and Delivery Unit Coordinator.
- Consistently ensures timeliness and quality of project work;
- Demonstrates strong oral and written communication skills;
- Evidence of ability to express ideas clearly and to work independently and in teams;
- Able to summarize and systematize complex information and identify priorities for follow up activities;
- Shares knowledge and experience;
- Focuses on results and responds positively to feedback;
- Excellent organizational and communication skills.
Required Skills and Experience
- Bachelor of Science or Bachelor of Arts degree in a relevant field (legal or economy);
- At least 8 years of relevant working experience in providing legal advisory services;
- Experience in the area of Concessions and PPPs;
- Full computer literacy.
- Excellent speaking and writing skills in Serbian and English language.
DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS
Qualified and interested candidates are asked to submit their applications via UNDP Web site: UNDP in Serbia under section “Jobs” no later than Monday, 26 July 2021.
Application should include:
- CV in English language containing date of birth, contact information (home address, phone number, e-mail) and timeline of work experience (including description of duties).
- Offeror’s Letter (only PDF format will be accepted) confirming Interest and availability for the Individual Contractor (IC) Assignment. Can be downloaded from the following link: https://www.undp.org.rs/download/ic/Confirmation.docx.
In order to apply please merge above listed documents into a single PDF file. The system does not allow for more than one attachment to be uploaded.
Any request for clarification must be sent by standard electronic communication to the e-mail email@example.com. The procuring UNDP entity will respond by standard electronic mail and will send response, including an explanation of the query without identifying the source of inquiry, to all consultants.
The shortlisted candidates may be asked to provide copies of diplomas and any other certificates providing evidence of their education and experience in relevant fields.
Lump sum contracts
The financial proposal shall specify a total lump sum amount in USD currency, 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 approval of each deliverable. 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 in Serbia, per diems, and number of anticipated working days).
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.
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 in terms of relevant experience and academic background, and
b) 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%
Only candidates obtaining a minimum of 49 points would be considered for the Financial Evaluation
Experience in providing legal consultancy services in the area of capital investment
Experience in drafting legal acts related to investment and corporate law
- Individual Contract (IC) will be applicable for individual consultants applying in their own capacity. If the applicant is employed by any legal entity, IC would be issued upon submission of Consent letter from the employer acknowledging the engagement with UNDP. Template of General Conditions on IC could be found on: https://rs.undp.org/content/dam/serbia/downloads/General%20Conditions%20for%20Individual%20Contracts.pdf
- Reimbursable Loan Agreement (RLA) will be applicable for applicants employed by any legal entity. Template of RLA with General Terms and Conditions could be found on: https://www.undp.org.rs/download/RLA%20with%20General%20Terms%20and%20Conditions.doc. In the case of engagement of Civil servants under IC contract modality a no-objection letter should be provided by the Government entity. The ‘no-objection’ letter must also state that the employer formally certifies that their employees are allowed to receive short-term consultancy assignment from another entity without being on “leave-without-pay” status (if applicable), and include any conditions and restrictions on granting such permission, if any. If the previous is not applicable ‘leave-without-pay’ confirmation should be submitted.
Engagement of Government Officials and Employees
- Government Officials or Employees are civil servants of UN Member States. As such, if they will be engaged by UNDP under an IC which they will be signing in their individual capacity (i.e., engagement is not done through RLA signed by their Government employer), the following conditions must be met prior to the award of contract:
(i) A “No-objection” letter in respect of the individual is received from the Government employing him/her, and;
(ii) The individual must provide an official documentation from his/her employer formally certifying his or her status as being on “official leave without pay” for the duration of the IC.
- The above requirements are also applicable to Government-owned and controlled enterprises and well as other semi/partially or fully owned Government entities, whether or not the Government ownership is of majority or minority status.
UNDP recognizes the possibility that there are situations when the Government entity employing the individual that UNDP wishes to engage is one that allows its employees to receive external short-term consultancy assignments (including but not limited to research institutions, state-owned colleges/universities, etc.), whereby a status of “on-leave-without-pay” is not required. Under such circumstance, the individual entering into an IC with UNDP must still provide a “No-objection” letter from the Government employing him/her. The “no objection” letter required under (i) above must also state that the employer formally certifies that their employees are allowed to receive short-term consultancy assignment from another entity without being on “leave-without-pay” status, and include any conditions and restrictions on granting such permission, if any. The said document may be obtained by, and put on record of, UNDP, in lieu of the document (ii) listed above.