Procurement Advisor for Legal and Regulatory Mentoring
REQUEST FOR QUALIFICATIONS FOR INDIVIDUAL CONSULTANT SERVICES
Contract No.: PM-A-004 Project: Procurement Modernization Submission Deadline: April 1, 2013, 3pm
INTRODUCTION
This is a re-advertisement of SPN published on February 15, 2013. The purpose of this re-advertisement is to extend the submission date from Monday, March 11, 2013 to Monday, April 1, 2013. Applicants who responded to the initial announcement need not re-submit. All submissions will be evaluated after the closing date of this extension.
The United States of America acting through the Millennium Challenge Corporation (“MCC”) and the Government of the Republic of Indonesia (the “Government”) have entered into a US$600,000,000 Compact for Millennium Challenge Account assistance to help facilitate poverty reduction through economic growth in Indonesia through three projects: the Green Prosperity (“GP”) Project; the Community-Based Nutrition to Prevent Stunting Project; and the Procurement Modernization Project. The Government of Indonesia, acting through the Millennium Challenge Account Indonesia (“MCA-Indonesia”) intends to apply a portion of MCC funding to eligible payments under a contract for which this Request for Qualifications is issued pursuant to the Procurement Modernization Project. Any payments made under the proposed contract will be subject, in all respects, to the terms and conditions of the Compact and related documents, including restrictions on the use and distribution of MCC funding. No party other than the Government and MCA-Indonesia shall derive any rights from the Compact or have any claim to the proceeds of MCC funding.
This Request for qualifications follows the General Procurement Notice that appeared in dgMarket on January 19, 2013, UNDB Online on January 21, 2013, the MCA Entity website http://www.mca-indonesia.go.id/in/main_ind/pengadaan_detail/203/1 on January 18, 2013, and local newspaper Kompass on January 26, 2013.
BACKGROUND OF THE ASSIGNMENT
The Procurement Professionalization Activity includes the sub-activities to improve the Institutional Structure and Professionalization of ULPs. This will be conducted in two phases. The first phase, which is expected to encompass years one to three of the Compact Term, will support a subset of up to thirty (30) ULPs that will receive comprehensive capacity development through formal training and institutional and technical mentoring and an automated procurement management information systems (“Phase One”). The second phase to last for the balance of the Compact Term will entail a scaling up of Phase One and an adjustment in design, if necessary, to yield the best results for the Project (“Phase Two”).
As part of the sub-activity of (i) Institutional Structure and Professionalization of ULPs, LKPP will be providing Institutional Mentoring to each of the 30 pilot ULPs in their efforts to (1) establish permanent and independent ULPs in accord with national and subnational legal frameworks, (2) professionalize the Human Resource structure and career path for the procurement workforce, (3) establish and maintain adequate legal advocacy programs to protect employees and the procurement process, (4) develop and deliver public education and outreach programs about the procurement process and benefits of reform activities, (5) provide additional technical workplace assistance as needed.
OBJECTIVES OF THE ASSIGNMENT
MCA-Indonesia is seeking two senior level individual consultants to assist LKPP in implementing Institutional Mentoring to each of the 30 pilot ULPs in their efforts to (1) establish permanent and independent ULPs in accord with national and subnational legal frameworks. The number of pilot ULPs would be divided between the two consultants and one consultant would be responsible for drafting the policy paper on how to establish an independent ULP within the legal and regulatory framework of national and subnational levels of government in Indonesia.
SCOPE OF WORK
The consultant’s assignments shall include the following tasks: • Complete a comprehensive assessment of the legal and regulatory basis that has been used to establish a ULP in each Pilot Entity, to include: o Review of the authorization and/or administrative decree establishing the existing ULP o Assess the level of compliance with the existing legal and regulatory requirements at national and subnational levels (including Perpres 54, Perpres 70, among others) o Identify problems and areas of improvement of current legislation and administrative procedural decrees and actions or policies needed to strengthen legal foundations of the ULP in each entity • Develop implementation strategy for improving the legal/regulatory foundations for establishing the ULP in each Pilot Entity to include identifying the special needs of each ULP and defining all necessary activities and resources required by each entity to satisfy all national and subnational laws and regulations regarding their existing ULP. • Ensure that stakeholders in each Pilot Entity understand the conclusions of the comprehensive legal/regulatory assessment and the need to take additional actions to address problems and areas of improvement, as necessary. • Provide onsite mentoring support and materials to help each Pilot Entity take actions necessary to strengthen the legal and regulatory foundations of the ULP, including assistance in development of laws, regulations, or policies needed to overcome legal and/or regulatory compliance issues and enhance the ULPs ability to execute procurements effectively and efficiently. • Develop clear guidelines required for each Pilot ULP entity to eventually establish an independent ULP, to include: o Identification of institutional, organizational, and legal requirements necessary for entities at each level of government to establish independent ULPs (ministry/institution, province, city/district) according to national and subnational frameworks.
o Development of materials to assist entities at national and subnational levels in their efforts to establish an independent ULP, including a policy paper on establishing independent ULPs that can be distributed to national and subnational units. • Initiate and organize meetings and workshops as necessary to implement the legal/regulatory institutional mentoring activities. This task includes conducting a start-up socialization workshop to build understanding and support for procurement reforms, the PM Project, and the importance of the proper legal basis for establishing a ULP within the national and subnational frameworks for each level of government. • Develop standard procedures and guidelines for an entity at each level of government (Ministry/Institution/Province/City/District) to properly establish a ULP within the national and subnational legal and regulatory frameworks. • Ensure the mentoring program includes knowledge management and information sharing that is sustainable. • Ensure maintenance of organized project files.
• Ensure coordination with LKPP on the implementation of the Procurement Modernization Project. • Other tasks may be assigned as it relates to the scope of this assignment.
o Development of materials to assist entities at national and subnational levels in their efforts to establish an independent ULP, including a policy paper on establishing independent ULPs that can be distributed to national and subnational units. • Initiate and organize meetings and workshops as necessary to implement the legal/regulatory institutional mentoring activities. This task includes conducting a start-up socialization workshop to build understanding and support for procurement reforms, the PM Project, and the importance of the proper legal basis for establishing a ULP within the national and subnational frameworks for each level of government. • Develop standard procedures and guidelines for an entity at each level of government (Ministry/Institution/Province/City/District) to properly establish a ULP within the national and subnational legal and regulatory frameworks. • Ensure the mentoring program includes knowledge management and information sharing that is sustainable. • Ensure maintenance of organized project files.
• Ensure coordination with LKPP on the implementation of the Procurement Modernization Project. • Other tasks may be assigned as it relates to the scope of this assignment.
DELIVERABLES
The Consultant will provide the following deliverables:
REPORT EXPECTED DATE Socialization Workshop on Legal/Regulatory Mentoring with each Pilot ULP entity Within Thirty days of the contract signing Comprehensive Legal/Regulatory Assessment Report for each Pilot ULP entity Two months after the contract signing Legal/Regulatory Improvement Strategy for each Pilot ULP entity Three months after the contract signing Standard Procedures for establishing integrated ULP Five months after the contract signing Policy Paper for Establishing Independent ULP Five months after the contract signing Monthly Reports By the 10th of each Month Final Report One month before the end of the base and each option period
QUALIFICATIONS Interested Individual Consultants shall have the following qualifications: • Must have approximately 10 years of professional work experience in tasks that are relevant to the activities in this assignment and that demonstrate that the consultant possesses the knowledge and skills to perform this assignment successfully. • Graduate level degree in Administrative Law, or field relevant to the tasks of this assignment is mandatory. • Must have knowledge of Indonesian national and subnational legal and regulatory frameworks related to institutional development, or field relevant to the tasks of this assignment. • Experience analyzing national and subnational procurement laws preferred. • Demonstrated ability to develop legal/regulatory proposals for national and subnational government entities, communicating and interacting with stakeholders, helping identify needs, and achieve results. • Experience must include responsibilities and duties that required exceptional attention to detail and accuracy of information.
• Excellent oral and written communication skills, including proven ability to interact effectively with a wide variety of stakeholders to identify needs and achieve desired results. • Demonstrated ability of organizational and time management skills, including having exceptional attention to detail, data quality, and accuracy of information. • Experience must reflect high level of motivation and include responsibilities and duties that required high ethical standards. • Fluent in Bahasa Indonesia and English (speaking, reading and writing) is required.
• Excellent oral and written communication skills, including proven ability to interact effectively with a wide variety of stakeholders to identify needs and achieve desired results. • Demonstrated ability of organizational and time management skills, including having exceptional attention to detail, data quality, and accuracy of information. • Experience must reflect high level of motivation and include responsibilities and duties that required high ethical standards. • Fluent in Bahasa Indonesia and English (speaking, reading and writing) is required.
DURATION AND PLACE OF PERFORMANCE The work is expected to be full-time, 40 hours per week, for a minimum of six months with options to extend through the full five-year term of the Compact if needed. The work is expected to require frequent travel to up to 30 Pilot ULP sites throughout Indonesia, starting with at least 10 Pilot ULPs expected to be selected in early 2013. Return trips to Jakarta will be required to coordinate with the LKPP and provide updates related to the Terms of Reference.
SELECTION PROCESS An Individual Consultant will be selected following the Individual Consultant Procedures as defined in the MCC Program Procurement Guidelines (available at the following Website:http://www.mcc.gov/pages/business/guidelines)
Individual Consultants’ CVs and related documents will be evaluated to determine if they meet the qualifications requirements stipulated in Section 8 (above). The education, general qualifications, adequacy for the assignment and language requirements will be evaluated. A Consultant shall be rejected if they fail to achieve a minimum qualifying score of seventy-five (75) points on the technical evaluation.
After the Technical Evaluation, the Consultant with the highest technical score will be requested to submit a financial proposal and may be invited to negotiate the contract. Should negotiations fail with the selected consultant, the Financial Proposal of the next highest ranked Consultant may be requested and the Consultant invited to negotiate the contract.
Final selection will be subject to verification of CV, interview, reference checks and price reasonableness of proposed fee. If verification is not satisfactory or the proposed fee is not reasonable, negotiations will be terminated.
MCA-Indonesia is not bound to accept any of the CVs or other documents submitted, and may cancel the selection process at any time without providing any justification to the Consultants.
How to apply:
MCA-Indonesia hereby invites interested Individual Consultants to submit their Curriculum Vitae (CV).
Interested Individual Consultants shall also submit the following (in English only): (i) Curriculum Vitae (“CV”), using the CV template provided by MCA-Indonesia, detailing the consultant’s professional qualifications, areas of expertise, and experience carrying out similar assignments; (ii) Professional references (at least three (3) referees) with contact details, including a valid email address. CVs and all the supporting documents shall be in English.
SUBMISSION DATE AND TIME Interested Consultants shall submit one (1) original and three (3) copies of their CVs the address below on or before April 1, 2013, by 3:00pm, Jakarta local time. Envelopes should be clearly marked: “Procurement Advisor for Legal and Regulatory Mentoring -PM-A-004”. Applications received after this date and time shall not be considered. Electronic submissions shall not be accepted.
Interested Consultants should register their interest and request a copy of the Terms of Reference and the CV template at the address below.
To request clarification, the CV template, and for submission of application, please use the following address:
Address:
MCA-Indonesia Procurement Agent Alamat Kantor MCI Jalan Subang No. 10, Menteng Jakarta Pusat 10310 Indonesia
MCA-Indonesia Procurement Agent Alamat Kantor MCI Jalan Subang No. 10, Menteng Jakarta Pusat 10310 Indonesia
Email address: procurement.agent@mca-indonesia.go.id
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