Legal Consultant in Digitalisation of Healthcare System

Background

APPLICATION DISCLAIMER!!! ATTENTION!!!

All interested candidates SHOULD APPLY through new UNDP Supplier Portal (Quantum), following registration via Registration link   

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Negotiation ID: UNDP-UKR-00225

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1. BACKGROUND

On 1 January 2021, UNDP launched its new Digital, Inclusive, Accessible: Support to Digitalisation of State Services in Ukraine (DIA Support) Project. The project is made possible due to the support of the Government of Sweden and is carried out in close collaboration with the Ministry of Digital Transformation of Ukraine (MDT) and other government stakeholders including, inter alia, the Ministry of Health of Ukraine (MoH).

The project builds on extensive UNDP experience in two areas: administrative service reform and reengineering and digitalising public administration processes with broad citizen and expert engagement. The ‘State in a Smartphone’ initiative launched in Ukraine, will only succeed if appealing and accessible civic digital education is developed and widely implemented to help close digital gaps in knowledge and skills, and bridge the digital divide between generations and groups of Ukrainians with different social backgrounds. 

During two years of its implementation, the DIA Support project launched a number of e-services to address the needs of Ukrainians representing, among others, vulnerable groups, e.g., IDPs, and elderly people. In total, over 9 million applications were submitted within newly established services, with equal access for women and men. Also, over 90% of applicants expressed their high satisfaction with the functionality of the online services. This demonstrates that regardless of the COVID-19 pandemic and war-related difficulties, the public services that were introduced with the project support are effective and accessible to the Ukrainian people.

Under the “Promotion of human security in Ukraine through responding to the multidimensional crisis caused by the war” Project UNDP is enhancing human security in Ukraine by responding to the multidimensional crisis caused by the war and addressing high vulnerability due to the ongoing war in the country. Also, this Project is aimed at supporting local authorities on enhancing and accelerating the process of recovery and reconstruction based on the best international practices.

In the overall state management process, the Government of Ukraine both at central and oblast level has demonstrated effectiveness in crisis/emergency coordination and ensured decentralized presence of line ministries and key government institutions in the country to sustain key government functions and deliver services for population on the move. Ukraine continues operating under martial law.

UNDP works closely with the Government and people of Ukraine to put in place the foundations for recovery and reconstruction – prioritizing approaches that are green, just, inclusive and digital. Jointly we are building a more sustainable, resilient and prosperous Ukraine.

Under the auspices of these two projects, UNDP will continue collaborating with the Ministry of Health (MoH) to provide legal support for developing drafts of relevant regulations, as well as accompanying the relevant processes until completion. Specifically, there is a need for legal support to amend the existing regulations and develop new ones related to the e-services and digital tools DIA Support project works on. These are, namely, two state electronic registers that contain catalogues of state medicine items and state medical devices. As such, UNDP is seeking a highly qualified Legal Consultant with experience in drafting regulations at the level of the Cabinet of Ministers regulations and draft laws.

The Consultant will also provide assistance in building the legal framework for the IT transformation of the healthcare system in Ukraine. He/she will facilitate the processes of implementation, and modernization of IT systems aimed at automating the work of business entities in the field of health care.

Duties and Responsibilities

2. OBJECTIVES OF THE ASSIGNMENT

The main objective of the assignment is to provide legal support for DIA Support Project activities, primarily in drafting decrees and ordinances for the Cabinet of Ministers of Ukraine as well as other legal documents necessary for the proper implementation of digital solutions related to the healthcare system of Ukraine. The Consultant will be responsible for drafting at least two packages of legal acts and supplementary documents during the assignment period.

 

3. DESCRIPTION OF RESPONSIBILITIES / SCOPE OF WORK

The Consultant will cooperate with MoH and DIA Support Project teams working on the following areas:

• Develop and peer review of draft laws and other types of subordinate legal acts, e.g. acts of the Cabinet of Ministers of Ukraine, orders of ministries, other central executive bodies, and decisions of state enterprises on IT transformation of the healthcare system of Ukraine;
• Provide legal support for the processes of implementation and/or modernization of IT systems aimed at automating the work of business entities in the field of state healthcare, including the provision of legal consultations to partners working in this field;
• Assist in organizing and actively participating in working and expert groups, meetings, and high-level events (conferences, round tables) with ministries, other central bodies of executive power, state enterprises, representatives of civil society organizations and other stakeholders;
• Facilitate cooperation with state authorities and other institutions/organizations on the IT transformation of the state healthcare system;
• Prepare advisory notes, analytical and legal materials, brief legal opinions and memos on the issues related to digital transformation in the healthcare domain based on monitoring of national legislation and international best practices.

 

4. Measurable outputs of the work assignment/deliverables

Deliverables expected under the contract should be achieved in accordance with the following schedule:

Deliverable #	Deliverable essence	Deadline
Deliverable #1	- Monitor national legislation and international best practices on the digital transformation in the healthcare domain and develop analytical/advisory notes including detailed commentary, suggestions, proposed revisions and other relevant works of similar nature that are linked to processing development of the legal framework.   A document should be well structured and include a core textual part (at least 7 pages, Times New Roman 11, single-spaced, in Ukrainian), source links, and annexes or supportive materials submitted for MoH and UNDP for comments and feedback.   Expected results: at least one analytical/advisory note on existing (and missing) regulations to build a legal framework for the IT transformation of the state healthcare system approved by MoH and UNDP.	In 30 working days after signing the Contract
Deliverable #2	- Based on the results of monitoring as a part of Deliverable 1 and informed by the prioritization by MOH, design at least one package of legal act (draft law of Ukraine, resolution of the Cabinet of Ministers of Ukraine, order of the Ministry of Health) with accompanying documents;   - Develop contracts / agreements / memorandums or other legal documents aimed at the implementation of digital solutions in the healthcare domain.   The samples, format and volume of these documents will be indicated by MoH.   Expected results: at least one comprehensive package of legal documents related to MoH’s digital transformation and one contract / agreement / memorandum or similar legal document approved by MoH and UNDP.	In 40 working days after completion of Deliverable 1
Deliverable #3	- Based on the results of monitoring as a part of Deliverable 2 and informed by the prioritization by MOH, design at least one package of legal act (draft law of Ukraine, resolution of the Cabinet of Ministers of Ukraine, order of the Ministry of Health) with accompanying documents;   - Develop contracts / agreements / memorandums or other legal documents aimed at the implementation of digital solutions in the healthcare domain.   The samples, format and volume of these documents will be indicated by MoH.   Expected results: at least one comprehensive package of legal documents related to MoH’s digital transformation and one contract / agreement / memorandum or similar legal document approved by UNDP and MoH.	In 40 working days after completion of Deliverable 2

 

5. Management arrangements

The Consultant will be primarily responsible for achieving the objectives of the assignment. The Consultant will report to the DIA Support Project Manager and will work closely with DIA Support Project Digitalization Policy Specialist and the MoH and other stakeholders, e.g., executive government bodies, parliamentarians, and international technical assistance projects’ representatives.

 

The Consultant will be responsible for all personal administrative expenses associated with the assignment. In case any public events are planned jointly by the Consultant and UNDP as part of the present assignment, the Consultant will not be responsible for logistics of events. UNDP will cover the conference costs (including possible printing, food, accommodation and etc.) on its own.

 

6. Monitoring requirements / Terms of Payment

The Consultant will work under the overall supervision of the DIA Support Project Manager and will work closely with DIA Support Digitalization Specialist. The Consultant will interact with UNDP and MoH to receive any clarifications and guidance that may be needed. The Consultant will duly inform UNDP of any problems, issues or delays arising in the course of implementation of the assignment and take necessary steps to address them.

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 DIA Support Project Manager. Each deliverable will be delivered in a draft for comments and feedback before finalisation. 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 the UNDP in electronic form (*.docx, *.xlsx, *.pptx, and *.pdf or other formats accepted by UNDP). The language of the materials and reports to be prepared in Ukrainian.

UNDP will provide payment upon provision of each deliverable duly certified by UNDP in accordance with the schedule below:

Deliverable 1 - 30%

Deliverable 2 - 35%

Deliverable 3 - 35%

Competencies

7. CORPORATE COMPETENCIES

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favouritism;
• Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.

 

8. EXPERIENCE AND QUALIFICATIONS REQUIREMENTS

• Master’s / Specialist’s degree in Law. A degree in public administration or technical sciences with at least 5 years’ worth of experience working first-hand with legal regulations may be taken as a substitute;
• At least 6 years of practical experience with legal support to public authorities proven by CV;
• Practical experience with drafting laws and CMU regulations – at least 2 examples;
• Documented experience in analytical writing regarding public policy – at least 1 example;
• Native-level knowledge of Ukrainian is required. Working-level knowledge of English is considered as an asset.

 

9. DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSAL

Applicants shall submit the following documents:

	Personal CV, including information about experience in similar projects / assignments with detailed list of all legal documents drafted by the candidate, examples of analytical writing, 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;
	At least 2 examples/samples of the documents confirming practical experience with drafting laws and CMU regulations;
	At least 1 example/sample of the document confirming experience in analytical writing regarding public policy.

Required Skills and Experience

10. EVALUATION CRITERIA

Educational background – 8 pts max

• 8 pts – PhD in Law;
• 6 pts – Masters’ / Specialist degree in Law. A degree in public administration or technical sciences with at least 5 years’ worth of experience working first-hand with legal regulations may be taken as a substitute;

Practical experience with legal support to public authorities proven by CV – 22 pts max

• 22 pts – 10+ years of practical experience:
• 19 pts – between 7 and 9 years of practical experience;
• 16 pts – at least 6 years of practical experience;

Practical experience with drafting laws and CMU regulations – 22 pts max:

• 22 pts – 6 and more examples;
• 19 pts –  between 3 and 5 examples;
• 16 pts – at least 2 examples.

Documented experience in analytical writing regarding public policy – 13 pts max:

• 13 pts – 5 and more examples;
• 10 pts –  between 2 and 4 examples;
• 8 pts – at least 1 example.

Language Skills – 5 pts max:

• 5 pts – Native level knowledge of Ukrainian. Working level knowledge of English;
• 3 pts – Native-level knowledge of Ukrainian.

Maximum available technical score – 70 points.

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 (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 be 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.

 

11. 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.

Travel

All travel arrangements will be handled by UNDP if such travel is deemed necessary. Consultations regarding travel options will be held with the Consultant prior to planning of the trips and relevant logistics.