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 at deepening the cooperation between the two parties. 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 (Autonomous Trade Preferences) with the EU for a majority 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 towards 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 of 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 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.
Duties and Responsibilities
The Project will contract an International Consultant to support the Moldovan Center for Legal Approximation (CLA) and relevant line Ministries in the area of Public Procurement, including the Public Procurement Agency, namely with regards to the implementation of specific priority provisions identified in the Moldovan Annual Plan for Legal Approximation.
This objective should be met through the following activities:
Key activities:
- Deliver one training on the following topics: EU public procurement policy by negotiated procedures; EU public procurement policy by competitive dialogue; EU public procurement policy by dynamic purchasing system; EU public procurement policy by electronic auction.
- Perform the compliance assessment with Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, of the following by-laws included in the 2012 National Legal Approximation Plan under Public Procurement chapter: Draft Government Decision on the approval of the Regulation on public procurements by applying a negotiated procedure; Draft Government Decision on the approval of the Regulation on public procurements by means of a competitive dialogue; Draft Government Decision on the approval of the Regulation on public procurements by applying a dynamic purchasing system; Draft Government Decision on the approval of the Regulation on public procurements by using electronic auction.
- Consult and coach the CLA staff in the performance of its duties in the public procurement area;
- Discuss with the main beneficiary (Centre for Legal Approximation) the findings and recommendations of the compliance assessment reports.
Mission Schedule
Deliverables, activities, and milestones follow this tentative schedule:
- Preparatory Work – Inception study of available information; a training curriculum to be applied for respective assignment prepared and submitted for approval. Tentative timeframe: 2 days, by October 2, 2012;
- Four reports on the degree of compliance with EU law of the mentioned above four legal drafts, addressing further steps to be taken and institutional arrangements to be introduced prepared and submitted for approval. Tentative timeframe: 35 days, by November 20, 2012;
- One three-day training on EU public procurement policy: negotiated procedures, competitive dialogue, dynamic purchasing system, electronic auction, as well as EU public procurement policy in accordance with the New Legislative Package on public procurement prepared and delivered to the CLA and staff from other line Ministries, including the Public Procurement Agency. Tentative timeframe: 5 days, by November 27, 2012;
- Final report with mission findings and final recommendations drafted, submitted for approval and discussed with key stakeholders. Tentative timeframe: 2 days, by November 29, 2012.
All deliverables should be agreed with the UNDP counterpart at the Centre for Legal Approximation and be provided in English, hard and electronic copy.
The timeframe for the work of the International Consultant is tentatively planned through October -November 2012. Consultancy should involve about 44 days of work in total in one mission coordinated in advance with the beneficiary.
Institutional arrangements
The International Consultant will work in close collaboration with the responsible CLA staff and local CLA’s consultants for substantive aspects of the assignment, and under the direct supervision of the UNDP Project Officer – for administrative aspects.
The International Consultant will be located in the premises of the CLA and will work closely with the CLA staff. The beneficiary will provide the Consultant with working space, access to Internet, printer and telephone line.
Competencies
- Demonstrated legal drafting skills;
- Credibility in dealing with governmental officials, strong analytical and communication skills;
- Fluency in written and spoken English, knowledge of Romanian or Russian will be a very strong advantage.
Required Skills and Experience
Academic Qualifications:
- Masters degree in EU law, Public Procurement or other relevant field, a Bachelors degree with at least 10 years of experience would also be acceptable;
Years of experience:
- Minimum 5 years of work experience in the area of public procurement in a EU country;
- 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 will be an asset;
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 about 44 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:
- Masters degree in EU law, Public Procurement or other relevant field, a Bachelors degree with at least 10 years of experience would also be acceptable;
- Minimum 5 years of work experience in the area of public procurement in a EU country.
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:
- Masters degree in EU law, Public Procurement or other relevant field, a Bachelors degree with at least 10 years of experience would also be acceptable) – 30 points;
- Minimum 5 years of work experience in the area of public procurement in a EU country – 160 points;
- Demonstrated legal drafting skills – 60 points
- Knowledge of and experience in the region of Central and Eastern Europe (experience in countries with economies in transition would be an asset) – 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.