Reforms on access to judicial decisions

Location:

Tajikistan

Funding source:

Not Yet Determined

Contract type:

Consultancy Services

Notice type:

Invitation for expressions of interest (CSU)

Issue date:

02 Apr 2015

Closing date:

23 Apr 2015   at  00:59   London

Access eSelection

Assignment Description: The Supreme Economic Court (the "Client") has requested the European Bank for Reconstruction and Development (the "EBRD" or the "Bank") to provide technical assistance to develop and pilot a database of judicial decisions for the use of judges, lawyers and the general public in Tajikistan (the "Assignment").

It is currently very difficult for judges and customers of justice to search for and obtain copies of judgements in previous cases. Although Tajikistan has no doctrine of precedent, previous case law is highly relevant to the judicial functions, as the logic applied in analogous cases assists judges in formulating their own reasoning to present cases.

The lack of a comprehensive database of judicial decisions is on one level a technical and organisation failing, however it is also the product of a legislative deficiency, namely the apparent legal limitations that are placed on public access to judicial decisions.

The principal objective of the Assignment is to establish open access to judicial decisions in accordance with international standards, and to create a database of decisions so as to facilitate an improvement in the quality and transparency of judicial decision-making in Tajikistan. The database would initially contain decisions of economic courts; subject to success it would be extended to all courts in the country.

The Bank intends to engage a consultant (the “Consultant”) to assist the Client in carrying out the Assignment.

The selected Consultant is expected to carry out the following tasks under each output:

Output 1
- Assist the Tajik stakeholders to review and amend legislation and regulations on public access to judicial decisions

Output 2
- Design a website and database
- Enhance the technical capacity of the Supreme Economic Court
- Appoint, manage and coach a system administrative and database clerk
- Trial the database in the Supreme Economic Court

Output 3
- Implement the database in the regional economic courts and incorporate backlog cases
- Communications and quality management
- Evaluation and Recommendations on extension to other courts

Approximately EUR 10,000 of the cost estimate for the Assignment will be used to finance the procurement of hardware necessary for the Assignment’s functionality.

Assignment Duration: The Assignment is expected to start in May 2015 and has an estimated overall duration of 18 months.

Cost Estimate for the Assignment: EUR 155,700.00 (exclusive of VAT). Subject to availability of funding, the performance of the selected Consultant and the specific needs of the Bank the Assignment may be extended beyond the current scope.

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 the Invitation for Expressions of Interest. To the extent that a consultant incurs input VAT on goods and services purhcased 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 the Assignment will be funded through the EBRD's donor funded Technical Cooperation Funds Programme. Please note 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:

- Legislative reform in the justice sector and in piloting and implementing e-justice projects in early transition countries with the capacity to work in Tajikistan

The Consultant's expert team is expected to include key experts as follows:

a. International Substantive Legal Experts with previous project experience of preferably 10 years in legislative reform in the justice sector and in piloting and implementing e-justice projects in early transition countries.
b. International IT Expert with preferably 10 years of previous project experience in designing websites, developing databases and implementing e-justice projects in early transition countries.
c.Local legal experts with preferably 10 years of relevant experience in the justice sector.
d. Local IT experts with relevant experience in data-management.

It is recommended that a part of the consultancy input will be carried out by local sub-consultants and/or individual experts with previous project experience in similar assignments preferably in the last five years locally or regionally.

Submission Requirements: Interested consultants are hereby invited to submit expressions of interest.
In order to determine the qualifications and competence of consulting firms seeking to be shortlisted, 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 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 above information should not exceed 10 pages excluding CVs Contact 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.

EBRD Contact Person:
Vivianne Headlam
Technical Co-operation
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
Tel: + 44 20 7338 6885
e-mail: lewishev@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 evaluation criteria are as follows:
(a) Firms or group of firms' previous project experience in Legislative reform in the justice sector and in piloting and implementing e-justice projects in early transition countries with the capacity to work in Tajikistan (40%)
(b) Firm or group of firms' relevant previous experience in Tajikistan or Central Asia (30%)
(c) CVs of key experts (30%)