Regulation of Factoring in Serbia: Local Legal Consultant

Location:

Serbia

Project number:

49898

Funding source:

Luxembourg - ODA Technical Co-operation Fund

Contract type:

Consultancy Services

Notice type:

Invitation for expressions of interest (CSU)

Issue date:

04 Dec 2015

Closing date:

18 Dec 2015   at  23:59   London

Access eSelection

Project Description: The Serbian Ministry of Finance (the "Client") has requested the European Bank for Reconstruction and Development (the "EBRD" or the "Bank") to provide technical assistance for preparing regulatory framework for the providers of factoring financial services outside of the banking sector (the Project).

Assignment Description: The Bank now intends to engage the services of a Serbian law firm (the "Local Legal Consultant or "Consultant") to support the Ministry of Finance (the "Ministry") in preparing regulations necessary for the reform. This will be done in particular by advising on the local legal framework in order to help the Ministry to agree on would be the most appropriate regulatory solutions and how they would be implemented; drafting all legal and regulatory provisions in the local language and supporting their adoption. In order to achieve the objective, the Consultant shall organise meetings with the relevant private and public stakeholders, liaise with relevant agencies and ensure their participation in the legislative process. (the "Assignment").

The expected outcome of the Assignment is preparation of the necessary regulatory framework for factoring services in Serbia.

The selected Local Legal Consultant is expected to provide the following services:
1. Draft the proposal of necessary regulation;
2. Advise on the on the local legal framework and audit practices in order to help the Ministry to decide on the most appropriate solutions that would need to be adopted;
3. Contribute to the Ministry’s work by presenting the proposed solutions, answering all queries that may be raised and providing additional information which may be required;
4. Organise regular stakeholder meetings with factoring companies, relevant business associations, and other relevant stakeholders in order to ascertain the extent of the needed changes from the perspective of the end users of the law;
5. Assist the Ministry in preparing all supportive documents needed for the successful finalisation of the regulatory process;
6. Assist the Ministry in producing a draft regulation in Serbian that can enter into procedure of adoption;
7. Provide general advice and support to the Ministry of Finance.

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 in December 2015 and has an estimated overall duration of 24 months.

Cost Estimate for the Assignment: EUR 94,000 (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: The assignment will be funded through Luxembourg ODA Technical Co-operation Fund. There are no eligibility restrictions, however, the nature of the assignment requires a Serbian law firm.

Consultant Profile: The Consultant will be a local law firm consistent of experts preferably with previous project experience related to:
1. Legal policy work in Serbia;
2. Strong local financial law expertise
3. Experience in serving/working with public sector clients.

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

a. Key Expert No 1 (Local Consultant – Partner (to act as Team Leader)), Serbian lawyer with preferably strong professional experience in local financial law and legal policy work;
b. Key Expert No 2 (Local Consultant - Senior Associate), Serbian lawyer with preferably strong professional experience in general audit and legal compliance matters
c. Key Experts No 3 (Local Consultant - Policy Expert) with preferably strong professional experience in providing local legal policy advice.

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 project location/country, 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 project location/country, 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 5 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:
Viv 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. Experience in Serbian banking and financial regulation (30%)
b. Experience in carrying out policy dialogue (legislative) work in particular with public sector clients (Serbian authorities) - drafting and/or advising on laws and regulations in the financial law sector (40%)
c. CV of key experts (30%)