Development of the regulation for the proper functioning of the supervisory board of the Central Procurement Organization (SoE “InfraProekt”) under the State Agency for Recovery and Development of Infrastructure

Background and context 

Supporting anti-corruption efforts in Ukraine is a high political priority for the European Union and Denmark. By combating corruption, the Program contributes to the consolidation of democracy and economic growth of Ukraine, as well as the successful approximation of Ukraine with the EU. 

The topic of reconstruction aid and integrity is one of the key activities of the program, both at the national and local levels and across the components of the EUACI. The Government of Ukraine is the key counterpart of the EUACI in this area.

The State Agency for Restoration and Infrastructure Development of Ukraine (hereinafter – the Agency) has been created under the Ministry for Restoration. Its task is to directly manage and oversee implementation of selected recovery projects.

All funds for reconstruction will be used through certain procurement procedures, and since construction projects are among the most complex forms of contracts, building an effective, competitive, and transparent procurement process for reconstruction is one of the key tasks of the Agency’s anti-corruption program. This task is made more difficult as the greatest corruption risks in the public sector have been observed in public procurement.

The Agency established the Central Procurement Organization as a state-owned enterprise “Infrastructure Projects” which should provide procurements of critical reconstruction projects and standardization of procurement processes. The Agency’s management aims to provide management of CPO in line with high standards of transparency and accountability, as well as minimizing the risks of corruption and promote good governance. To support this efforts, SARDI, together with EUACI, developed the Corporate Governance Concept of the CPO and approved it by order of the Head of the Agency.

Objective:

The assignment’s main objective is to develop regulation for the establishment and proper functioning of the supervisory board of the Central Procurement Organization (SoE “InfraProekt”) according to the OECD corporate governance standards to minimize corruption and management risks. 

Scope of work

Prepare the regulation for the establishment and proper functioning of the supervisory board of the Central Procurement Organization regarding the modern corporate governance standards that meet international recommendations and Corporate Governance Concept for CPO. 

In particular, this includes the following areas: 

1. Development of regulation for the establishment and functioning of the supervisory board of the Central Procurement Organization
   1. develop the text of the regulatory act “Regulations on the Supervisory Board of the SoE “Infrastructure Projects” taking into account the peculiarities of the functioning of the institution. The structure of the document should include, but is not limited to: general regulations, legal status of the supervisory board, appointment of members of the supervisory board and termination of their powers, rights and obligations of members of the supervisory board, responsibilities of members of the supervisory board, procedure for the work of the supervisory board, status of the chairman of the supervisory board, work of the supervisory board committees, corporate secretary, evaluation of the work of the supervisory board and its reporting.
   2. сonduct consultations with the management and staff of the SARDI, the Ministry of Development, the Ministry of Economic Development, the management of the CPO SoE “Infrastructure Projects” and other CPO with supervisory boards.
   3. participate in meetings and working groups where the issue of implementing corporate governance in the CPO SoE “Infrastructure Projects” is discussed.
   4. present the regulation for the establishment and functioning of the supervisory board of the Central Procurement Organization for EUACI management, Agency management and international partners 
2. Prepare an updated version of statute of CPO SoE “Infrastructure Projects”
   1. Prepare an updated version of the statute in accordance with the results of the QA, the Regulations on the Supervisory Board, and the results of consultations with SARDI.
3. Conduct an off-line 2 hours consultancy on the basics of corporate governance for the management of SARDI and CPO SoE “Infrastructure Projects”

Deliverables

The Deliverables are presented below in Table 1 with a tentative schedule.

All results are expected to be provided in Ukrainian unless otherwise agreed. Electronic copies are sent by email to the particular EUACI contact person.

Table 1: Summary of deliverables/outputs and the tentative timeline for delivery.

The timelines indicated in the table above are indicative. The Consultant will reflect on and update the timelines for different activities while preparing and updating the Consultant’s work plan. During the Kick-Off meeting with the EUACI Component Team, the Consultant’s work plan will be discussed, including the proposed timeline for the different activities and the submission of deliverables.

Timeline

The intended commencement date is the date of signature of the contract with the consultant with a duration of up to 3 months. During this period, the Service provider will be expected to deliver a maximum of 30 workdays.

Payment

Payments will be made by parts with an advance payment of 30% of the contract amount and a final payment for the services of 70% of the contract amount.

Payments will require verification of deliverables and approval by the EUACI Component Team Leader of the Service provider ’s progress report and expense outlay.

Requirements for the Service Provider:

It is assumed that the task will be performed by a legal entity, or private entrepreneur or NGO according to Ukrainian legislation.

1. Expertise in Corporate Governance:
   • Have at least 3 years of proven working experience in developing and delivering high level documents and recommendations on corporate governance for SoE, MoE or Government.
   • Have experience in preparing at least one corporate governance document for a CPO or the management body of the CPO.
2. Subject Matter Knowledge:
   • Proficiency in integrity, corporate governance, OECD standards, Ukrainian Law and practice.
   • In-depth knowledge of OECD standards related to corporate governance.
   • Understanding of their application in organizational settings.
3. Compliance and Ethics:
   • Adherence to ethical standards and legal requirements.
   • Commitment to confidentiality and data security.

Estimated budget 

The maximum budget available for this assignment is up to EUR 16 000. 

Proposals, where the Contract Price offered, exceed the above maximum budget will be rejected.

Reporting and management 

The performance of the Contractor will be judged upon reaching the purpose of this contract as well as obtaining its results, as indicated in the section “Objective” and “Deliverables” herein respectively. Moreover, the performance of the Contractor will be judged upon the successful implementation of all the specific activities indicated in Section “Scope of work” of this document

By signing the contract, the Consultant agrees to hold in trust and confidence any information or documents (“confidential information”) disclosed to the Consultant or discovered by the Consultant or prepared by the Consultant in the course of or as a result of the implementation of the contract, and agrees that it shall be used only for the contract implementation and shall not be disclosed to any third party. The Consultant also agrees not to retain copies of any written information or prototypes in its archive and for its use.

How to apply

The deadline for submitting the proposal is 31 July 2025, 18.00 Kyiv time.

The proposals with

1) Financial offer, including the level of fees for all involved staff (Annex 1);

2) Portfolio with the relevant contracts (Annex 2); 

3) CV(s) of the tender participant(s)

If these documents are not submitted in line with the request above, the bid will not be considered.

The proposal shall include the aforementioned information and should be submitted within the above deadline to [email protected] cc to [email protected] indicating the subject line: “Supervisory board of the CPO under the SARDI”. 

You will receive an auto-reply from the [email protected] mailbox when the offer has been received. If you do not receive an auto-reply, your offer was not received and you should contact the EUACI by phone.

Bidding language: English.

Any clarification questions regarding the terms of reference should be addressed to [email protected], not later than 25 July, 18:00 Kyiv time.

Please note that the winner of this tender will be made public on EUACI’s website.

Evaluation criteria

More details can be found here.