Terms of Reference for
Public procurement expert for methodology and training
to provide expertise to the State Agency for Restoration
and Infrastructure Development of Ukraine
Background and context
Supporting anti-corruption efforts in Ukraine is a high political priority for the European Union and Denmark. By combating corruption, the EU contributes to the consolidation of democracy and economic growth of Ukraine, as well as the successful approximation of Ukraine with the EU.
The large-scale Russian invasion of Ukraine changed the context in which the EUACI is working. To address new challenges, the EUACI decided to focus on several new topics, including the topic of transparent and accountable management of upcoming reconstruction aid.
The topic of reconstruction aid and integrity is one of the key activities of the program for many months to come, both at the national and local levels and across the three components of the EUACI. The Government of Ukraine will be the key counterpart of the EUACI in this area.
Acknowledging the importance of a coordinated and well-managed process of the recovery, the Government of Ukraine in December 2022 decided to merge two Ministries mandated to work on different aspects of this process (The Ministry of Infrastructure and The Ministry of Territorial and Regional Development) into the consolidated Ministry of Communities, Territories, and Infrastructure Development of Ukraine. It is now chaired by the Deputy Prime Minister for Restoration of Ukraine Oleksandr Kubrakov.
In addition to that, the new State Agency for Restoration and Infrastructure Development of Ukraine (created by means of merge of the State Agency for Infrastructure Projects and the State Agency for Automobile Roads of Ukraine) was created (hereinafter – the Agency). Its task is to directly manage and oversee implementation of selected recovery projects, while the Ministry is tasked to develop relevant policy and oversee its implementation.
To support Ukrainian government’s efforts to effectively manage the process of the reconstruction and post-war recovery and to ensure that transparency and integrity considerations are taken into account, the EUACI has engaged with the Ministry to establish the compact Integrity Support Group (ISG) consisting of several experts fully embedded into the Ministry work.
Given that 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 by the fact that historically, in recent years, the greatest corruption risks in the public sector have been observed in public procurement. The new Law of Ukraine "On Public Procurement" adopted in 2015 and the Prozorro e-procurement system implemented in 2016 have significantly limited the opportunities for manipulations and increased transparency and accountability of public customers, but, like any tool, they require qualified and honest professionals, as well as constant monitoring and improvement of internal processes to be used effectively.
As a part of ISG, the Public Procurement Expert for Methodology and Training for the Agency, will take part in the implementation of the Procurement stream of the Program, perform procurement rules, developing relevant methodology of procurement as well as lead specific training program for the territorial bodies of the Agency (called Regional Offices for Restoration - ROR).
Objective:
The assignment’s main objective is to develop and implement effective procurement processes and approaches and support their implementation at the RORs. The Public Procurement Expert will organize and manage the work of the elaboration of construction and related service procurement methodology, as a part of the Anti-corruption program, support its implementation within the RORs and train ROR’s procurement managers.
Scope of work:
The scope of work of the assignment includes different tasks, including, but not limited to:
- Monitoring and summarizing of legislation amendments related to construction works, related services and proper public procurement;
- Elaboration of construction procurement methodology for the Agency and RORs (for construction works, related services and road maintenance) and its regular update;
- Monitoring of ongoing and finished procurement procedures and summarizing of common mistakes and best practices;
- Analyzing of the practice of Review Body (Anti-Monopoly Committee of Ukraine);
- Training of procurement managers and authorized persons of RORs for transparent and effective procurement procedures in construction works and related services;
- Supporting the procurement managers and authorized persons of RORs in procurement methodology issues.
Expected 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 should be sent by email to the EUACI contact person.
Table 1: Summary of deliverables/outputs and the tentative timeline for delivery
| # | Deliverable/Output | Timeline |
| Legal methodology and recommendations for procurement of related services (construction design, supervision and engineering consultancy) | 8 weeks after the contract signing | |
| Training of the ROR procurement teams, mentoring and consulting support | Within 8-12 weeks of the project | |
| Legal methodology and recommendations for procurement of construction works (amendments) | 12 weeks after the contract signing | |
| Training of the ROR procurement teams, mentoring and consulting support | 12-16 weeks after the contract signing | |
| Draft methodology and internal regulations for purchasing procedure within ROR | 16 weeks after the contract signing | |
| Training of the ROR procurement teams, mentoring and consulting support | Within 16-20 weeks of the project | |
| A report based on the result of Monitoring and summarizing of legislation amendments | Each 4 weeks | |
| A report based on the result of Monitoring and summarizing of common mistakes and best practices of ROR procurements | Each 4 weeks | |
| Training of the ROR procurement teams for legislation amendments, common mistakes and best practices | Each 4 weeks | |
| Final Report | 34 weeks after the contract signing |
The timelines indicated in the table above are indicative. The Expert will reflect on and update the timelines for different activities while preparing and updating the Expert`s work plan to be approved by the EUACI. Other deliverables are agreed upon with the Agency and EUACI.
Timeline
The intended commencement date is the date of signature of the contract with the consultant and the period of implementation of the contract will be 8 months, with a duration of 160 working days including up to 40 travel days. Upon the Agency`s request and positive assessment of the performance, the initiative could be extended.
The work of expert can be regarded as a part-time employment.
Requirements to the Service Provider
The contract will be awarded to the expert meeting the following criteria:
General qualifications:
a) a minimum of a Master’s or Specialist’s degree in construction, engineering, economics, or a similar field is required,
b) additional education or training in public procurement is required,
c) experience in public procurement is required,
d) experience in the construction industry and project management, conducting corruption and/or managerial risks assessments will be an asset,
e) proven expertise in construction work procurement will be an asset,
f) experience in training/consulting in public procurement or construction works/related services will be an asset;
g) excellent written and oral communication skills,
h) fluency in Ukrainian is required;
i) ability to speak and write in the English language would be an asset.
Adequacy for the assignment:
a) a minimum of 3 years of professional experience working with construction projects, including tender and procurement procedure elaboration;
b) proven experience in cooperation with stakeholders in the national government, local self-government, development partners, state enterprises, public contracting authorities, and civil society;
c) professional experience in training or consulting in the construction/procurement sector
The expert is expected to work from the premises of the Agency with duty travels in Ukraine.
Monitoring and evaluation:
Definition of indicators
The performance of the contractor will be evaluated upon reaching the purpose of this contract as well as obtaining its results, as indicated in the sections "Objective" and "Expected Deliverables" herein respectively.
Special requirements
By signing the contract, the contractor (and its representatives) agree to hold in trust and confidence any information or documents ("confidential information"), disclosed to the contractor or discovered by the contractor or prepared by the contractor in the course of or as a result of the implementation of the contract and agrees that it shall be used only for the purposes of the contract implementation and shall not be disclosed to any third party without EUACI authorization.
The contractor reports to the Agency and EUACI, the head of the ISG. The contractor shall de-brief the EUACI prior to finalizing the assignment.
The developed deliverables can be checked (as a quality assurance) and payments will be provided by the quality assurance results.
Bidding details
The bidder must submit the following information to be considered:
- The CV (no more than three pages long) that should include a description of the previous relevant assignments, and key duties on this assignment.
- A portfolio that includes a list of assignments similar to this project executed in the last five years.
- A budget for the services in EUR, inclusive of all taxes or other such charges with a calculation of 160 working days.
The contract budget cannot exceed 15,000 euros.
The work of expert can be regarded as a part-time employment.
How to apply
The deadline for submitting the proposals is 4 September, 2023, 18:00 Kyiv time.
The proposals shall be submitted within the above deadline to dmyiak@um.dk, indicating the subject line “Procurement Expert for Agency – Methodology and Training”.
Bidding language: English or Ukrainian
Any clarification questions for the bid request should be addressed to dmyiak@um.dk, no later than 28 August 2023, 18:00 Kyiv time.
Evaluation criteria
Bids will be evaluated under the criteria provided below:
| # | Criteria | Weight |
| 1 | Portfolio of completed assignments | 20% |
| 2 | Relevant experience, skills and competencies | 60% |
| 3 | Proposed budget | 20% |