Bosnia & Herzegovina: Legal And Operational Assistance for Improvements in the Legal and Regulatory Framework for Management of Debt and Public Investments in the Federation of Bosnia and Herzegovina

Location:

Bosnia and Herzegovina

Business sector:

Transport

Funding source:

EBRD Shareholder Special Fund

Contract type:

Consultancy Services

Notice type:

Invitation for expressions of interest (CSU)

Issue date:

12 Oct 2015

Closing date:

06 Nov 2015   at  23:59   London

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Assignment Description:

The European Bank for Reconstruction and Development ("EBRD" or the "Bank") requires a consultant (the "Consultant") to work with the Ministry of Finance of the Federation of Bosnia and Herzegovina ("FBiH") to identify possible improvements in the legal and control framework for management of debt and public investments (the "Assignment").

The overall objective of the Assignment will be to assist the Ministry of Finance Federation of Bosnia and Herzegovina Ministry of Finance (the “Ministry”) to develop legal framework and processes (bylaws and other acts) in relation to the issuance of sub-sovereign guarantees (guarantees of any levels of government in FBiH), as well as efficient management of investments and collection of receivables, based on the Laws on debt, debt issuance and guarantees.

The Consultant’s tasks will include:

  • analyse the current legal framework for issuance of debt and guarantees in FBiH and to draft a new law, including any necessary bylaws and other acts;
  • analyse the existing processes and internal acts of the Ministry and to propose improvements;
  • present cases of “best practise” principals and standards in the EU for processes in the area of debt issuance and guarantees, as well as in the area of management and collection of receivables;
  • establish risk management and monitoring processes as part of the overall processes for the issuance of guarantees;
  • develop a process for management of the issued sub-sovereign guarantees; and
  • ensure transfer of the “know-how” via on-the-job training, seminars and specialized workshops.

Assignment Start Date and Duration: The Assignment is expected commence in in Q4 2015 with a total duration of six months.

Cost Estimate for the Assignment: EUR 250,000 (exclusive of VAT).

The Consultant must determine whether any indirect taxes/VAT are chargeable on the proposed services and state the basis for such. If any indirect taxes/VAT are payable, the Client will have to pay indirect taxes/VAT element to the services directly to the Consultant unless otherwise agreed.

Funding Source: EBRD Shareholder Special Fund.

Eligibility: There are no eligibility restrictions.

Status of Selection Process: Interested firms or group of firms are hereby invited to submit expressions of interest.

Consultant Profile: Corporate services are required.

The Consultant is expected to be an international firm or consortium of firms, with strong legal and financial/banking expertise.

In order to deliver the Assignment the Consultant should demonstrate the ability to mobilise local expertise (either via appropriate in-house experts or subcontractors) in Bosnia and Herzegovina. The proposed team of experts must have strong experience with relevant legislation in both the EU and Bosnia and Herzegovina. It is further expected the team would consist of the following Key Experts: minimum of two legal experts (one international and one local), and two financial/banking experts, again one international and one local.

Submission Requirements: In order to determine the capability and experience of Consultants seeking to be to be selected, the information submitted should include the following:

1. Company/group of firms’ profile, organisation and staffing (max/. 2-4 pages)

2. Details of previous project experience or similar assignments particularly undertaken in the previous five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided (if different from duration), main activities, objectives.

3. CVs of key experts who could carry out the Assignment detailing qualifications, experience in similar assignments, particularly assignments undertaken in the previous five years, including information on contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, main activities, objectives.

4. Completed Consultant Declaration and Contact Sheet, the template for which is available from the following web-link:

http://www.ebrd.com/pages/workingwithus/procurement/notices/csu/contact_sheet.doc

The expression of interest shall not exceed 20 pages (excluding CVs and Consultant Declaration and Contact Sheet).

Important Notes:

Note 1. The selection will normally be made from responses to this notification only. Consultants will not be asked to submit a proposal. The highest-ranked Consultant will be selected from a shortlist and be invited to negotiate the contract, subject to availability of funding.

Note 2. The shortlist criteria are as follows:

1. Firm’s previous project experience in undertaking assignments focused on the review and analysis of comparable regulatory frameworks - 25%;

2. Firm’s previous project experience in the preparation/drafting of possible new laws/bylaws/internal acts/etc -25%;

3. Skills/experience of the proposed team of Key experts – 50%.

The EBRD Contact Person:

Elena Kolodiy

European Bank for Reconstruction and Development

One Exchange Square

London EC2A 2JN

Tel: +44 20 7338 6765

Fax: +44 20 7338 7451

E-mail: kolodiyo@ebrd.com