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Guarantees of Origin Legal Expert

Remote | Home Based - May require travel

  • Organization: UNDP - United Nations Development Programme
  • Location: Remote | Home Based - May require travel
  • Grade: Consultancy - National Consultant - Locally recruited Contractors Agreement
  • Occupational Groups:
    • Legal - Broad
  • Closing Date: Closed

Background

Building a green economy in Ukraine is a core of the Association Agreement with the EU and facilitating a green and resilient recovery has become a key area of UNDP support to the Government of Ukraine. Transition to a green economy and climate neutrality in accordance with requirements of the EU will be associated with the need to abandon old and inefficient carbon intensive economic activities develop and implement new business-models.

On July 30, 2021, the Cabinet of Ministers of Ukraine approved an updated national defined contribution of Ukraine to the Paris Agreement, the main goal of which is to reduce greenhouse gas emissions to 35% by 2030 compared to 1990 (i.e., CO2 emissions should be reduced by 65%) and become a climate-neutral country by 2060.  Ukraine has also set clear goals for the development of renewable energy, to increase electricity production from renewable sources of energy from 11% in 2020 to 25% in 2030.

The ongoing war in Ukraine that began on 24 February 2022 has impacted the country’s priorities and the issue of switching to renewable sources of energy has become extremely important for energy security, both for Ukraine and the European Union. In addition, Ukraine joined the European energy system in 2022 and became an observer member of ENTSO-E - the first steps to create a common energy market that opens opportunities to export of electricity from renewable sources to the EU.

The process of integration into the European energy market takes place in compliance with all European norms and standards according to the requirements of EU Directives. In accordance with the decision of the Council of Ministers of the Energy Community of 30.11.2021 ? 2021/14 / CU-EPS, Ukraine has undertaken to implement the Fourth Energy Package "Clean Energy for Europeans", which covers EU legislation in the field of energy efficiency, renewable energy sources, management, design of the electricity market and security rules of electricity supply.  EU Directive 2018/2001 "On the promotion of the use of energy from renewable sources" (RED II Directive) is   a key document of the Fourth Energy Package, which Ukraine must implement by the end of 2022. According to Article 19 of the RED II Directive, states must guarantee the origin of such energy to confirm to final consumers the share or quantity of energy from renewable sources.

Therefore, it is very important for the country to develop a package of regulations as soon as possible, which will be able to implement the requirements of European legislation on guarantees of origin and ensure the functioning of the guarantee of origin in Ukraine. An efficient system of guarantees of origin of energy will stimulate the production and consumption of energy from renewable sources and make the industry more attractive to investors.

In 2021, UNDP in Ukraine has signed a memorandum of understanding with Ukraine’s State Agency on Energy Efficiency and Energy Saving (SAEE) to cooperate in developing the green finance market, enhancing energy efficiency and energy security in the context of Energy Strategy of Ukraine until 2035, and supporting Ukraine’s efforts to achieve more sustainable human and economic development.  Supporting Green Recovery in Ukraine project contributes to this cooperation by supporting the introduction of the renewable energy guarantee of origin in the country.   Project supported technical office experts elaborated already subject analytical paper and the main legislative acts to develop were identified.   SAEE requested UNDP to provide support in developing this legislation. 

UNDP will hire a Legal Expert on Guarantees of Origin of Energy to support SAEE to develop subject legislation.

Duties and Responsibilities

2. Objectives of the assignment

The main objective of the assignment is to support SAEE in further developing guarantees of origin legislation.  

 

3. Scope for services

  1. Analysis of the possibilities for legislative stimulation of demand of guarantees of origin of energy considering best European experience. Analysis should include assessment of procedures for calculating direct and indirect CO2 emissions for sectors within the scope of CBAM, taking into account the proposal of the European Commission from 14.07.2021 on the establishment of CBAM.
  2. Evaluation of options for the stimulation of guarantees of origin of energy’s demand in Ukraine, including assessment of the regulatory impact of the implementation of the proposed mechanisms to stimulate the development of GOs.
  3. Elaboration of draft regulatory document, including the necessary supportive documents (explanatory note, comparative table, analysis of regulatory impact), for the stimulation of demand of guarantees of origin of energy.

 

4. Measurable outputs of the work assignment/deliverables

 

DELIVERABLE

DUE DATE

1

Summary report with analysis of the possibilities for legislative stimulation of demand of guarantees of origin of energy demand considering the best European experience. Analysis should include assessment of the procedures for calculating direct and indirect CO2 emissions for sectors within the scope of CBAM, taking into account the proposal of the European Commission from 14.07.2021 on the establishment of CBAM.

6 weeks after the start of assignment

2

 Summary report with evaluation of options available the stimulate demand of guarantees of origin of energy in Ukraine, including analysis of the regulatory impact of the implementation of the proposed mechanisms to stimulate the development of GOs.

10 weeks after the start of assignment

3

Draft legislative act to stimulate demand of guarantees of origin of energy.  

16 weeks after the start of assignment

 

5. Management arrangements

The Expert will report to Project Manager on Supporting Green Recovery in Ukraine. The Expert will provide written monthly reports on the progress of activities and the key challenges and opportunities, and deliverables reports as required.

The expert will throughout work closely with SAEE that will review all outputs.

 

6. Monitoring requirements / Terms of payment

The Expert will work under the overall supervision of Manager of Supporting Green Recovery in Ukraine Project. The Expert will interact with UNDP to receive any clarifications and guidance that may be needed. The Expert will duly inform UNDP of any problems, issues or delays arising in the course of implementation of assignment and take necessary steps to address them.

SAEE will review expert outputs. UNDP will be the final authority to control the quality and evaluate the work. The satisfactory completion of each of the deliverables shall be subject to the endorsement of the Team Leader. Each deliverable will be delivered in a draft for comments and feedback before finalization. No reports or documents should be published or distributed to third parties without the approval of UNDP.

All reports and results are to be submitted to UNDP in electronic form (*.docx, *.xlsx, *.pptx, and *.pdf or other formats accepted by UNDP).

UNDP will provide payment upon provision of each deliverable duly certified by UNDP in accordance with the tentative schedule below and offeror’s letter from the potential expert:

Deliverable 1. 30%

Deliverable 2. 30%

Deliverable 3. 40%

Competencies

  • strong technical and analytical capabilities;
  • strong reporting and writing abilities;
  • strong interpersonal and communication skills, resourcefulness, initiative, maturity of judgment, tact, and negotiating skills, and the ability to cope with situations which may pose conflict;
  • integrity, modelled by the UN's values and ethical standards;
  • sensitivity and adaptability to culture, gender, religion, nationality and age;
  • openness to change and ability to receive/integrate feedback;
  • ability to accommodate additional demands on short notice;
  • ability to work under pressure and stressful situations;
  • ability to manage heavy workload and solve complex problems with minimum supervision.

Required Skills and Experience

8. General Qualifications and Experience

Education:

  • At least Specialist/Master’s degree in Law.

Experience:

  • Legal experience in making analysis and drafting national legislation related to  green recovery, energy efficiency and energy saving, trade, access to finance;
  • Working experience with Government including via participation in working groups to consider and develop new legislation.Examples of individual drafting legislative acts, their parts or relevant commentary reports.

Languages:

  • Fluency in Ukrainian and English is required.

 

9. Documents to be included when submitting the proposal

 

 

Personal CV, including information about experience in similar projects / assignments as well as the email and telephone contacts of at least three (3) professional references;

 

Financial proposal in line with information presented in Section 4. Measurable outputs of the work assignment/deliverables;

 

Description of and links to the similar projects produced (including legislative documents drafted).

 

10. Financial Proposal

Lump sum contract

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (please, refer to Section 4 Measurable outputs of the work assignment/deliverables). 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 Cost by Components.

 

11. Evaluation criteria

Criteria A: Education – 15 points max

At least Specialist/Master’s degree in Law– 15 points max {????15 pts – PhD in relevant field; 12 pts – Master’s degree/ Specialist in the relevant field}??????????????.

Criteria B: Work Experience – 40 points max

  • Legal experience in making analysis and drafting national legislation related to green recovery, energy efficiency and energy saving, trade, access to finance – 20 points max {?????20 pts – 10 years and more; 15 pts – 7-10 years; 12 pts – 5-6 years}???
  • Working experience with Government, including via participation in working groups to consider and develop new legislation - 10 points max (10 pts – 5 years and more; 4 – 4-3 years; 8 pts – 2 years);
  • Examples of individual drafting legislative acts, their parts or relevant commentary reports – 10 points max {10 pts – 5 documents or more, 8 pts – 3-4 documents, 7 pts – 1-2 documents}.

Criteria C: Language Skills – 15 points max {???????15 pts – fluency in Ukrainian and English; 10 pts – fluency in Ukrainian and not lower than the fundamental level of knowledge of English}.???????

Maximum available technical score – 70 points.

Cumulative analysis

When using this weighted scoring method, the award of the contract should be made to the individual contractor whose offer has been evaluated and determined as:

  • responsive/compliant/acceptable, and
  • 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 70% from the maximum available technical score (49 points) 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.

This vacancy is now closed.
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