Assignment Description:
The Chamber of Commerce and Industry of Serbia and Judicial Training Academy of Serbia has requested the European Bank for Reconstruction and Development (the “EBRD” or the “Bank”) to provide technical assistance to promote the use of mediation in business disputes in Serbia (the “Assignment”), in line with the Law on Mediation adopted in 2014.
Specifically, the Assignment will focus on assisting the Mediation Centre at the Chamber of Commerce and Industry of Serbia to revive and strengthen its operations and to raise awareness on mediation among the business community, as well as the Judicial Training Academy of Serbia to carry out mediation skills training for court mediators.
It is envisaged that this Assignment will help create a high profile pool of mediators, including court-annexed mediators, and promote mediation among business community and future users with the overall aim of ensuring sustainability of Alternative Dispute Resolution (the “ADR”) in the country and the region.
The Bank now intends to engage a consulting company (the “Consultant”) to provide technical assistance to the Chamber of Commerce and Industry of Serbia and Judicial Training Academy of Serbia with promotion and facilitation of the use of commercial mediation on a national scale, with the goal of making the use of ADR a business norm in Serbia.
The expected outcome of the Assignment is enhanced use of mediation to resolve commercial disputes in Serbia.
The selected Consultant is expected to provide the following services:
1. Training of commercial mediation trainers at the Chamber of Commerce
2. Support to the Mediation Centre at the Chamber of Commerce and Industry of Serbia
3. Mediation skills training for court mediators
4. Mediation awareness raising
5. Mediation training and clinic at the law faculties.
Status of Selection Process: Interested firms or groups of firms are hereby invited to submit expressions of interest.
Assignment Start Date and Duration: The Assignment is expected to start as soon as the Consultant selection is completed and has an estimated overall duration of 24 months.
Maximum Cost Estimate for the Assignment: EUR 240,000 (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 special status of the Bank as an IFI and state this to the Bank in their response to the Invitation for Expressions of Interest. 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: It is expected that funding for this Assignment will be provided by the United Kingdom via the EBRD-UK Investment Climate and Governance Fund. Selection and contracting will be subject to the availability of funding.
Eligibility: There are no eligibility restrictions.
Consultant Profile: Corporate services are required. The Consultant will be a firm or a group of firms with previous project experience related to: (i) developing and promoting ADR mechanisms, preferably in the countries of South Eastern Europe or other countries of the Bank’s operations with similar legal environments; (ii) design and implementation of training programmes in ADR (including in the field of commercial mediation) preferably in the countries of South Eastern Europe or other countries of the Bank’s operations with similar legal environments.
The Consultant’s expert team is expected to include:
a. Key Expert No 1 Team Leader: Prominent senior international expert with preferably 15 years of experience and a good degree of legal expertise in developing and promoting ADR mechanisms, including mediation, and with experience in judicial capacity building on such matters and delivering similar assignments; relevant experience in Serbia, and/or other countries of South Eastern Europe or other countries of the Bank’s operations with similar legal environments will be an advantage;
b. Key Expert(s) No 2: International senior advisor(s) with experience in designing and implementing ADR (including mediation) related training for judges and other participants and relevant project experience in Serbia and/or other countries of South Eastern Europe, or other countries of the Bank’s operations with similar legal environments; experience in taking into account gender component in trainings will be an advantage;
c. Key Expert(s) No 3: Local advisor(s) with preferably 6 years of experience and good knowledge of ADR (including mediation) legal framework and mechanisms.
All Key Experts must be fluent in English. For Key Experts 1 and 2 knowledge of Serbian will be an advantage. Key Expert(s) No 3 should be fluent in Serbian.
Submission Requirements: In order to determine the capability and experience of Consultants seeking to be selected for this Assignment, 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. Suggested methodology for this Assignment, including approach to its implementation.
5. Completed Consultant Declaration Form 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.
Failure to submit the signed Consultant Declaration may result in disqualification of the candidate from the selection for this Assignment.
The above information should not exceed 15 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 e-Selection, to reach the Bank not later than the closing date. The expression of interest shall be one file (pdf). The EBRD reserves the right to reject applications of firms submitting more than one file. Only if the permissible file size is exceeded (4MB), the Consultant may split the expression of interest into further files.
Bank Contact Person:
Marina Matushina
Technical Co-operation
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
Tel: + 44 20 7338 6577
e-mail: MatushiM@ebrd.com (submissions should be sent through eSelection and NOT to this email address)
Notes:
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.
2. The shortlist criteria are:
(a) Firm’s previous project experience related to developing and promoting ADR mechanisms, preferably in the countries of South Eastern Europe or other countries of the Bank’s operations with similar legal environments (40%)
(b) Firm’s previous project experience related to design and implementation of training programmes in ADR (including in the field of commercial mediation) preferably in the countries of South Eastern Europe or other countries of the Bank’s operations with similar legal environments (30%)
(c) CV of Key Experts (30%)
