Republic of Moldova

A team of two local consultants to support the National Anticorruption Centre (NAC) in drafting of a Methodology and Guide for public agents on reporting corruption, gifts and undue influences

Vacancy Number: Pr16/01402

Location:	Chisinau, Moldova
Application Deadline:	03 Oct 2016, 23:59 (GMT+2:00)
Type of Contract:	Individual Contract
Starting date:	10 Oct 2016
Reference to the project:	Strengthening the corruption prevention and analysis functions of the National Anticorruption Center Project
Expected Duration of Assignment:	October-December 2016
Submission Instructions: Requests for clarification must be sent by standard electronic communication to the following e-mail olga.crivoliubic@undp.org. UNDP will respond by standard electronic mail and will send written copies of the response, including an explanation of the query without identifying the source of inquiry, to all applicants.
Supporting Documents: Individual Consultant Procurement Notice Terms of Reference Personal History Form (P11) UNDP General Conditions of Individual Contract

Background

The National Anti-corruption Strategy 2011-2015, currently in force, provides for the encouragement of the corruption disclosure. Since December 2013, the mandatory character of reporting corruption and corruption related acts by public agents has been regulated by the Law 325 on the Professional Integrity Testing, which after the most recent 2016 amendments became the Law on the Institutional Integrity Assessment, and the Government’s Decision no.767 from 19.09.2014 for implementing the Law, setting the procedure on reporting corruption and undue influences.

The gifts regime, until recently, was regulated by the Law no. 16/2008 regarding the Conflict of Interests, the Law no 25/2008 on the Code of conduct of the civil servant and the Government Decision no.134 of 22 February 2013. Starting with 15 of June 2016, along with the adoption of the Law no. 133 on assets and interests declaration, the above mentioned Law no. 16/2008 on conflict of interests was abolished. However, the provisions regarding the gifts declaration and liability for non-declaring have not been included in the new law but are one of the integrity standards mentioned in the Law on the Institutional Integrity Assessment. 

Despite adoption of the regulatory framework, the lack of a clear methodological support and guidance on reporting corruption acts, gifts and undue influences, as well as frequent legislative amendments in a relatively short period of time creates confusion in understanding by public agents of the exact procedures to be applied in each of cases and causes perpetuation of corruption and corruption related incidents in civil service. In many cases this lack of clarity is used by civil servants to justify non-reporting of corruption incidents.

Despite thematic trainings offered recently to public agents from various public institutions, NAC found during its internal evaluations that the majority of public agents still don’t know how to report correctly a corruption incident due to the lack of a uniform and clear procedure of reporting. At the same time a recent research launched by the UNDP-Moldova at the beginning of 2016^[1] conducted in three central public institutions reviled that 65.7% of the civil servants who participated in the survey said they did not know about the value of a symbolic gift that a public official can lawfully accept, 7.4% gave a wrong value and only 26.9% of respondents knew the limit of the symbolic value of a gift.

In the context of the most recent legislative evolutions in the field – adoption of the Law on the Institutional Integrity Assessment on 26.05.2016 and adoption in the first reading of the Integrity Law, providing for the liability of public agents to report corruption acts, gifts and undue influence, there is a need to develop a uniform methodology and guide for these procedures to ensure effective implementation of the mentioned legal provisions.

To support NAC in strengthening its corruption prevention functions, UNDP-Moldova through its project Strengthening the corruption prevention and analysis functions of the NAC financed by the Norwegian Ministry of Foreign Affairs seeks to contract a team of two local consultants to develop a methodology and guide on reporting corruption acts, gifts and undue influences.

 

 

Scope of work

The general objective of the assignment is to develop a methodology and guide for public agents on reporting corruption acts, gifts and undue influences.

For detailed information, please refer to Annex 1 – Terms of Reference.

Requirements for experience

Academic Qualifications:

• A Masters’ Degree (or the equivalent of 5 years education) in Law, Public Administration or other relevant field. PhD is an asset;

 Years of experience:

• At least 5 years of proven experience of working in judiciary and/or law enforcement system or providing consultancy for judiciary and/or law enforcement system;
• At least 2 assignments related to anti-corruption procedures and/or integrity in civil service.

 Competencies:

• Proven knowledge of the anti-corruption legislation of the Republic of Moldova and international anti-corruption standards, demonstrated by the previous assignments;
• Excellent knowledge of the Criminal and Contravention legislation of Moldova demonstrated by the previous assignments;
• Previous experience in developing guides and methodologies related to procedures in civil service;
• Proven report writing and analytical skills;
• Fluency in Romanian, Russian and English for the purpose of assignment.

 Personal qualities:

• Proven commitment to the core values of the United Nations; in particular, is respectful of differences of culture, gender, religion, ethnicity, nationality, language, age, HIV status, disability, and sexual orientation, or other status;
• Responsibility, flexibility, punctuality.

The UNDP in Moldova is committed to workforce diversity. Women, persons with disabilities, Roma and other ethnic or religious minorities, persons living with HIV, as well as refugees and other non-citizens legally entitled to work in the Republic of Moldova, are particularly encouraged to apply.

Documents to be included

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

1. Proposal: explaining why they are the most suitable for the work and providing a list of relevant publications and a brief methodology on how they will approach and conduct the work;
2. Financial proposal in lump sum, USD;
3. Personal CV including past experience in similar assignments, the duly filled Personal History Form (P11) and at least 3 names for a reference check.

Financial proposal

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables. Payment will be made upon the successful completion of the tasks assigned and submission of the assessment report.  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 shall include a breakdown of this lump sum amount (including fee, taxes, communication costs, travel, per diems, and number of anticipated working days).

Travel

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 IC 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.

No travel is envisaged under this assignment

 

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