Project Description: The Government of Moldova has requested the European Bank for Reconstruction and Development (the "EBRD" or the "Bank") to provide technical assistance with a view to enhancing its public procurement regulatory framework in light of the requirements resulting from accession of Moldova to the Agreement on Government Procurement of the World Trade Organization ("WTO GPA").
Since 2011 the EBRD has been actively supporting countries pursuing accession to the WTO GPA. The EBRD GPA Technical Cooperation Facility (the EBRD GPA TC Facility), launched in 2014, provides policy advice and assistance in negotiating GPA accession and reforming procurement systems in line with the revised 2012 GPA standards.
Moldova completed negotiation in September 2015 and is currently in the ratification process to accede to the WTO GPA. The new law on public procurement adopted in July 2015 will enter into force on 1 May 2016 and the government is keen to continue the public procurement reform agenda.
Assignment Description: The EBRD now intends to retain a consultant (the "Consultant") to carry out the tasks under this assignment (the "Assignment").
The main objective of the Assignment is to assist with development of the legal and regulatory framework compliant with legal and institutional requirements of the WTO GPA accession as well as contribute to the development of the electronic procedures in public procurement in Moldova presently in progress.
The expected outcome of the Assignment is introducing all the legal and regulatory changes necessary to implement the WTO GPA standards into electronic procedures and ensuring accurate reporting on public procurement in Moldova covered by the GPA obligations.
The full scope of activities under the Assignment is to be developed during an inception mission; however the following activities are envisaged to implement the Assignment objectives thus far:
a) Legal compliance diagnostics. This will involve assessment of the legislation adopted in the context of the WTO GPA accession and any draft legislation developed since decision on GPA accession was adopted in September 2015 to take stock of what has been achieved and identify any remaining areas for improvement. The analysis should take into consideration Moldova’s obligations related to public procurement sector arising from the Association Agreement with the European Union;
b) Assessment of GPA implementation in electronic procedures. This will entail assessing the extent of existing procedures in the GPA context and identifying any impediments to implementing obligations arising from the GPA;
c) Further reform agenda development. On the basis of the needs assessment, a work plan for further reform will be developed, to include (i) policy, (ii) regulatory, (iii) institutional and (iv) capacity building components.
Status of Selection Process: Interested firms or group of firms are hereby invited to submit expressions of interest.
Assignment Start Date and Duration: The Assignment is expected to start in 2016 upon ratification of the GPA by Moldova with an estimated overall duration of 12 months.
Cost Estimate for the Assignment: EUR 100,000 (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: The contract will be financed by the EBRD Shareholder Special Fund. Subject to availability of funding, the performance of the selected Consultant and the specific needs of the authorities the Assignment may be extended beyond the current scope.
Eligibility: There are no eligibility restrictions.
Consultant Profile: The Consultant will be a firm or group of firms preferably with previous experience related to:
1. Developing and implementing national public procurement reform projects, including public procurement policy development and legal drafting related to the 2012 WTO GPA requirements;
2. Demonstrated experience in planning and implementing policy projects in public procurement on a national/regional level in the EBRD countries.
3. Policy advice and legal drafting in the EBRD countries; working in English is required, working in Romanian and / or Russian is an advantage.
The Consultant's expert team is expected to include key experts as follows:
a. Key Expert – Policy Adviser: expert with preferably 10 years of professional experience in trade/WTO system/public procurement and practical experience in public procurement policy advice, with specific experience related to implementing reforms in public procurement in Moldova.
b. Key Expert – Policy/Legal Adviser: a legal expert with preferably 6 years of previous professional experience in drafting public procurement regulations and policy documents, including primary, secondary and tertiary legislation.
Submission Requirements: In order to determine the capability and experience of Consultants seeking 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 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 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.
The expression of interest shall not exceed 20 pages (excluding CVs Consultant Declaration 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.
The EBRD Contact Person:
Viv Headlam
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
Tel: + 44 20 7338 6885
Fax: +44 20 7338 7451
E-mail: LewisheV@ebrd.com (submissions should be sent through eSelection and NOT to this email address)
Important 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 as follows:
(a) Firm's or expert's previous experience in developing and implementing national public procurement reform projects, including public procurement policy development and legal drafting (30%).
(b) Firm's or expert's demonstrated previous experience in designing and implementing public procurement projects on a national level in EBRD countries (30%).
(c) Policy advice and legal drafting in EBRD countries particularly in Central and Eastern Europe working in Romanian and / or Russian is considered an advantage (10%).
(d) CVs of Key Experts (30%).
