Background

Relations between the Republic of Moldova and EU formally started with the signing of the Partnership and Cooperation Agreement (PCA) in 1994 that entered into force in 1998. The PCA established the basic principles of cooperation between the RM and EU and was designed for a10 year period. With the formal expiration of the term, i.e. July 1st 2008, the Agreement is being prolonged automatically if none of the parties requests its formal cancellation. Formally, the PCA agreement presently constitutes the framework of relations between the RM and EU.
 
In 2005, in the context of the new European Neighborhood Policy, RM and EU signed an EU-Moldova Action Plan (EUMAP) for a period of 3 years, which included a series of actions aiming to deepen the cooperation between the two parts. At the end of the Action Plan implementation period, the European Council adopted in February 2008 a decision expressing the readiness in principle of the EU to initiate new negotiations with the RM with the goal of signing a new agreement. 
In parallel with the Action Plan, RM has signed with the EU a Visa Facilitation Agreement, and received a preferential trade regime with the EU for most of the goods produced in Moldova.
 
Since 2010, the Republic of Moldova has been successfully carrying out negotiations with EU for an Association Agreement and has undertaken concrete steps toward a deeper relationship with the European Union.
 
On December 5, 2011, the EU decided to launch negotiations on a Deep and Comprehensive Free Trade Area (DCFTA) with Moldova, with the purpose of boosting economic growth and investment within its Eastern European partner. These negotiations will tackle a broad range of trade and economic issues in order to ensure a closer economic integration with the EU for Moldova. The future DCFTA will be part of the Association Agreement, which strives, also in line with the EU’s Eastern Partnership objectives, to closely associate Moldova to the European Union both in the economic and political dimensions. Two rounds of negotiations have been successfully concluded so far, with the third being scheduled for September 2012. During this round, EU and Moldova will begin the negotiation of tariff offers, one the key elements of the future DCFTA.
 
The Building Institutional Capacity of the Ministry of Foreign Affairs and European Integration Project aims to strengthen the institutional capacity of the Ministry of Foreign Affairs and European Integration (MFAEI) in the process of achieving its European Integration goals and commitments. In this context, the Project seeks to contribute to the development of the capacities for European Integration of the MFAEI and the Negotiation Team (including the representatives of the Ministry of Transport and Road Infrastructure), with an immediate focus on the negotiation and post-negotiation phases of the Association Agreement between the European Union and the Republic of Moldova and implicitly its implementation.
Moldova’s priorities in the transport area are mainly concentrated on the creation of the conditions that are necessary for the country’s integration in the EU internal transport market (mainly in the sector of road and air services). Discussions regarding the integration of the Republic of Moldova to the EU internal transport market have already been launched within the Transport Panel of the Eastern Partnership. An essential improvement of Moldova’s national infrastructure is required to ensure its connection to the Trans-European Transport Network (TEN-T).
The Government of the Republic of Moldova, as well as the international partners contributing to the development of the national road infrastructure, have recognized that the improvement of road traffic safety is of the highest priority, due to the current low level of road safety and large number of accidents on the country’s roads. In 2011, the Government has approved the National Road Traffic Safety Strategy (available at http://www.mtid.gov.md/img/new/SNSR%20%20-%20Republica%20Moldova.doc) for 2011-2020 and an Action Plan for its implementation (http://lex.justice.md/md/341597/). The Plan included the introduction of road safety audits as one of the most urgent measures to be undertaken in order to ensure that the considerable investments planned for the development of road infrastructure take into consideration adequate road infrastructure safety management aspects. 
 
In this context, the Moldovan Government has requested assistance in the preparation of preliminary feasibility impact assessments (not full RIA) for the effective implementation of certain EU legal acts in road infrastructure safety management.

Duties and Responsibilities

An International Consultant will provide consultancy services to the Ministry of Transport and Road Infrastructure (further referred as Ministry) in preparation for the transposition and implementation of certain EU legal acts in the road transport area, and in particular for the establishing of the road safety audit structure according to the principles defined in the Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management
 
This objective should be met through the following activities:
 
Key activities
  • Analyze the existing Moldovan legal and institutional framework in the road transport sector and the situation regarding road traffic and infrastructure safety management. Identify and prioritize the problems to be addressed;
  • Prepare a preliminary and feasibility impact assessment for the implementation of the measures related to road infrastructure safety management provided within the following EU legal acts -- Directive 2008/96/EC of 19 November 2008 on road infrastructure safety management, and Directive 2010/40/EU of 7 July 2010 on the framework for deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport – assessment shall be done only for the area of road safety and security.
  • Prepare an action plan for the introduction of road safety impact assessment, road safety audit and road safety auditor certification procedures;
  • Design and explain the steps for the effective introduction of road safety audit in Moldova, specifying the necessary institutional efforts and human resources that need to be deployed in the country (including training needs);
  • Identify the necessary means for the effective transposition of the mentioned EU legal acts considering the existing means available and propose necessary training to be carried out if needed;
  • Suggest and prepare draft(s) of appropriate legal instruments transposing the principles of the EU road infrastructure safety management by Moldova. Provide advice for their implementation, considering best EU practices.
  • Deliver (for the Ministry, State Road Administration and the Centre for Legal Approximation staff) one three days training/workshop on the practical aspects of the transposition and implementation of the above mentioned legal acts. Suggest effective tools for the monitoring of the smooth implementation of activities introduced by the legally approximated act(s);
  • Determine the problems that are to be solved through the transposition of the act and the objectives that are to be set for the effective transposition and effective implementation of the act;
  • Recommend practical measures to be undertaken during the practical implementation in order to ensure the fulfillment of all legal requirements;
Mission Schedule
 
Deliverables, activities, and milestones follow this tentative schedule:
  • Preparatory Work – Inception study of available information and preparation of a detailed work plan to be applied for the respective assignment. Indicative timeframe: 2 days, by October 2, 2012;
  • Report on the preliminary and feasibility impact assessment for the implementation of the measures related to road infrastructure safety management foreseen in the Directive 2008/96/EC and Directive 2010/40/EU prepared and submitted for approval. Indicative timeframe: 4 days, by October 8, 2012;
  • Action plan for the introduction of road safety impact assessment, road safety audit and road safety auditor certification procedures prepared and submitted for approval. Indicative timeframe: 9 days, by October 19, 2012;
  • Draft(s) of appropriate legal instrument(s) transposing the principles of EU road infrastructure safety management prepared and submitted for approval. Indicative timeframe: 5 days, by October 26, 2012;
  • Report addressing further steps to be taken, institutional arrangements to be introduced and trainings to be organized for future auditors prepared and submitted for approval. Indicative timeframe: 5 days, by November 2, 2012;
  • Three days workshop on the practical implementation of the draft(s) mentioned at the point 4 bearing in mind the results of the impact assessment report prepared and delivered accordingly. Indicative timeframe: 4 days, by November 8, 2012;
  • One final report on the assignment with mission findings and recommendations prepared, submitted for approval and discussed with the beneficiary. Indicative timeframe: 1 day, by November 9, 2012.
All the deliverables should be agreed with the UNDP’s counterpart at the Ministry and UNDP and be provided in English hard and electronic copy.
 
The timeframe for the work of International Consultant is tentatively planned through October – November 2012. The consultancy should involve a total 30 days of work, ensuring at least 20 days of presence in Moldova, in one visit, coordinated in advance with the beneficiary.
 
Institutional arrangements
 
The International Consultant will work in close collaboration with the UNDP counterpart at the Ministry and the EU High Level Policy Adviser to the Ministry for substantive aspects of the assignment and under the direct supervision of the Project Officer – for administrative aspects.
 
The International Consultant will be located in the premises of the Ministry and will work closely with the Ministry staff. The Ministry will provide the consultant with working space, access to Internet, printer and telephone line. 

Competencies

  • Experience in dealing with the practical implementation of road safety audit procedures and/or other road infrastructure safety aspects; 
  • Experience in performing incipient estimative economic analysis of EU Legal acts before their transposition in a national legal framework would be an advantage;
  • Knowledge of and experience in the region of Central and Eastern Europe (experience in countries with economies in transition) would be an asset;
  • Similar experience in assisting government institutions within projects funded by international organizations would be an advantage;
  • Qualification and/or proven skills in project coordination, credibility in dealings with governmental officials and strong communication skills;
  • Fluency in written and spoken English, knowledge of Romanian or Russian would be an advantage.

Required Skills and Experience

Academic Qualifications:
  • Master’s degree in Transport/Traffic Engineering, Law or other relevant field preferred. Bachelor’s degree with at least 10 years of relevant experience will also be acceptable; 
Years of experience: 
  • Minimum 5 years of work experience in the area of expertise; 
Interested individual consultants must submit the following documents/information to demonstrate their qualifications: 
  • Proposal explaining why they are the most suitable for the work;
  • Financial proposal;
  • Duly completed P11 form (and Personal CV) including past experience in similar projects and at least 3 references.
Financial proposal
 
The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments 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
 
All envisaged travel costs (one mission to Moldova ensuring a presence in the country of at least 20 days) 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.
 
Evaluation
 
Initially, individual consultants will be short-listed based on the following minimum qualification criteria:
  • Master’s degree in Transport/Traffic Engineering, Law or other relevant field preferred. Bachelor and at least 10 years of relevant experience will also be acceptable;
  • Minimum 5 years of work experience in the area of expertise;
  • Experience in dealing with practical implementation of road safety audit procedures and/or other road infrastructure safety aspects.
The short-listed individual consultants will be further evaluated based on the following methodology:
 
Cumulative analysis
 
The award of the contract shall be made to the individual consultant 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% (350 pts);
Financial Criteria weight – 30% (150 pts).
 
Only candidates obtaining a minimum of 245 points would be considered for the Financial Evaluation.
 
Technical Evaluation – Criteria and maximum obtainable points:  
  • Master’s degree in Transport/Traffic Engineering, Law or other relevant field preferred. Bachelor’s degree with at least 10 years of relevant experience will also be acceptable – 30 points;
  • Minimum 5 years of work experience in the area of expertise – 130 points;
  • Experience in dealing with the practical implementation of road safety audit procedures and/or other road infrastructure safety aspects – 60 points;
  • Experience in performing incipient estimative economic analysis of EU Legal acts before their transposition in a national legal framework would be an advantage – 30 points;
  • Demonstrated knowledge and experience in the region of Central and Eastern Europe – 20 points;
  • Similar experience in assisting government institutions within projects funded by international organizations will be an asset – 20 points;
  • Credibility in dealing with governmental officials, excellent analytical and communication skills – 30 points;
  • Fluency in written and spoken English, knowledge of Romanian or Russian would be a strong advantage – 30 points;
Maximum Total Technical Scoring – 350 points
 
Financial Evaluation
Evaluation of submitted financial offers will be done based on the following formula: S = Fmin / F * 150
  • S – score received on financial evaluation;
  • Fmin – the lowest financial offer out of all the submitted offers qualified over the technical evaluation round;
  • F – financial offer under consideration.
Winning candidate
 
The winning candidate will be the candidate, who has accumulated the highest aggregated score (technical scoring + financial scoring).
 
Important notice
 
The applicant who has the statute of Government Official / Public Servant, prior to appointment will be asked to submit the following documentation:
  • a no-objection letter in respect of the applicant received from the government, and;
  • the applicant is certified in writing by the government to be on official leave without pay for the duration of the Individual Contract.
A retired government official is not considered in this case a government official, and as such, may be contracted.