3/03/2016: THE PROCUREMENT NOTICE IS REVISED AS FOLLOWS: THE CLOSING DATE FOR RECEIPT OF EXPRESSIONS OF INTEREST IS EXTENDED UNTIL 10 MARCH 2016
The European Bank for Reconstruction and Development (the EBRD or the Bank) is supporting the Ministry of Justice of Tunisia (MoJ) in delivering commercial law judicial training to approximately 60 judges, focusing on areas where training has hitherto been neglected, namely intellectual property.
The Bank now intends to engage a consultant (the Consultant) to support the MoJ to implement training to judges dealing with intellectual property cases (the Assignment). The training is expected to last 2-3 days and will be delivered to three groups of judges in classrooms which will not exceed 20 participants. Depending on the number of judges attending more than one seminar, the assignment is expected to train approximately 60 judges in three training seminars.
The Consultant’s objectives are as follows:
(a) to develop practical, vocationally-oriented modules of judicial training for Tunisian judges, so as to enable them to deal more effectively and independently with such matters;
(b) to work in close collaboration with local trainers to ensure that the training is adapted to local context, and that local trainers are in a position to deliver the modules independently in the future (including in relation to international content);
(c) to collaborate closely with, and to the satisfaction of, the Tunisian authorities and the EBRD Project Team;
(d) to carry out all activities in the scope of work below to a high standard.
The Consultant will undertake the following activities:
Activity 1: Preparation of Intellectual Property training modules with local trainers
Design a module of judicial training on intellectual property law covering:
· patents and designs;
· other matters agreed with the MoJ and the project team.
Activity 2: Delivery of Training
The Consultant will deliver a 2-3 day module to three classes of up to 20 judges. Each module will cover:
· Law and practice in Tunisia and how international approaches to relevant IP concepts can be applied
· The types or categories of claims presently coming before the courts, and the particular difficulties they present for judges;
· The types of categories of claims that can be expected to come before the courts in the medium term future, giving regard to the economic development and regional integration;
· The discretion and remedies available to the courts to resolve claims.
Activity 3: Training Evaluation and On-going Mentoring
The Consultant will design and implement a vigorous impact assessment framework, to be agreed by the MoJ and EBRD. The Consultant will also be required to provide on-going advice and coaching to local trainers in relation to any subsequent judicial training for a period of 12 month from the completion of the training.
The Consultant will be responsible for preparation and distribution of training materials, including hand-outs, overheads and other necessary documents and materials; and all logistical arrangements for the delivery of training (printing, interpretation, coffee breaks etc.). The Consultant will be responsible for all logistics including travel and accommodation expenses for judge participants from outside Tunis, international expert's travel and accommodation arrangements, fees of- International and Local Experts, simultaneous interpretation, as well as lunch, coffee and printing for each seminar.
The Consultant’s reports to EBRD and the MoJ shall be delivered in English. The Training will be delivered in Arabic and/or French. All training materials shall be prepared in Arabic/French with translation into French/Arabic, respectively.
Assignment Start Date and Duration: The Assignment is expected to start in Q2 2016 and has an estimated overall duration of 12 months.
Cost Estimate for the Assignment: EUR 50,000.00; Exclusive of VAT.
The consultant must determine whether any VAT would be chargeable on the services and the basis for that determination, without taking into consideration the Bank’s special status as an IFI and state this to the Bank in their response to Notification of Assignment. To the extent that a consultant incurs input VAT on goods and services purchased in connection with the provision of services (e.g VAT on airline ticket) which is not otherwise recoverable by the Consultant from the local tax authority, the gross cost to the consultant of such expenses shall be treated as a reimbursable expense.
Funding Source: The assignment is expected to be funded by the Southern and Eastern Mediterranean Multi-Donor Account, which is supported by Australia, Finland, France, Germany, Italy, Netherlands, Norway, Sweden, Taipei China and UK.
Eligibility: There are no eligibility restrictions.
Consultant Profile: Corporate services are required. The Consultant’s team will include international expertise supported by local knowledge. The Local Expert shall be approved by the MoJ. The Consultant shall be a firm with extensive previous project experience in the field of intellectual property law, judicial capacity building and comparative expertise in the SEMED region and Tunisia specifically.
The Consultant’s expert team is expected to include key experts as follows:
- Key Expert 1: International Intellectual Property Legal Expert with preferably 10-15 years’ experience in intellectual property law;
- Key Expert 2: Local Intellectual Property Legal Expert, familiar with local laws and context, with preferably 10-15 years of relevant experience.
Both experts must be fluent in French/Arabic and English.
Submission Requirements: In order to determine the capability and experience of Consultants seeking to be selected, the information submitted should include the following:
(a) brief overview of the company profile, organisation and staffing;
(b) similar assignments undertaken by firm 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, assignment budget, percentage carried out by consultant in case of association of firms or subcontracting, main activities, objectives;
(c) proposed approach and methodology;
(d) 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.
(e) Completed Contact Sheet, the template for which is available from the following web-link:
The expression of interest shall not exceed 20 pages (excluding CVs and contact sheet).
The complete expression of interest (including CVs, Consultant Declaration and Contact Sheet) should be submitted in English electronically through eSelection, to reach the EBRD not later than the closing date referred to above. The expression of interest shall be one file (pdf) in English and shall be submitted through eSelection and not by email.
The EBRD’s Contact Person:
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
Tel: + 44 20 7338 2006765
Fax: +44 20 7338 7451
1. Selection and contracting will normally be made from responses to this notification. The shortlisted consultants will not be asked to submit proposals. The Consultant will be selected from a shortlist, subject to confirmation of availability of funding.
2. The shortlist selection criteria are as follows:
(a) Consultant’s previous project experience in the field of intellectual property law, and comparative expertise in SEMED region and Tunisia specifically (30%);
(b) Consultant’s previous project experience in judicial capacity building (30%);
(c) CV of Key Expert 1 (20%);
(d) CV of Key Expert 2 (20%).