Corporate Law Training Experts (2 positions)

Expected Duration of Assignment :May – October 2014 (22 working days)

This consultancy is a part of the second phase of the Municipal Training System (MTS) Project aimed at contributing to professional and competent BiH local governments, able to effectively manage development processes and deliver quality services to their citizens. The MTS II focuses on further strengthening of the functional and policy capacity of the Training System for Local Self-Government Employees in BiH and supports its affirmation as an effective public mechanism for carrying out the local governments` capacity development agenda country-wide, as defined within the entity Training Strategies 2011 - 2015. The project also supports the design and delivery of priority and demand-driven training programmes for both local government elected officials and employees.

The MTS II project is an integral pillar of the UNDP Local Governance Programme, which aims to contribute to improvement of governance, focusing on advancing local government know-how so as to better position local authorities to tackle and overcome development challenges, whilst improving citizens’ services. The MTS II is a UNDP-managed project, funded primarily by the Swedish International Development Cooperation Agency (Sida) and implemented in partnership with the BiH Ministry of Justice, the FBiH Ministry of Justice, the RS Ministry of Administration and Local Self-Government, the entity Civil Service Agencies and Associations of Municipalities and Cities. 

The purpose of the consultancy is to secure technical expertise to contribute to enhancing local governments' knowledge and capacities in the preparation of legal documentation as required in each phase of the life cycle of municipal public companies (registration, management and closure) under the Corporate Law and other business registration and operation related laws. In this regard, two National Consultants – Corporate Law Training Experts will be engaged (herein after – the Consultants). The consultants are expected to work in close cooperation and to complement each other during all stages of implementation of this assignment.

This service will contribute to the effective implementation of the project component II: “Strengthening the training system`s core structures, functions and policies and support to capacity development of BiH local governments”. The objective of the assignment is to develop a 2-day comprehensive training program on the application of the Republika Srpska (RS) Corporate Law and deliver it to four groups of local government employees in four locations in the entity of RS - BiH.

The consultancy is based on the demand voiced by the local government community and Training System institutions in the RS for a comprehensive training on application of the Corporate Law (Zakon o privrednim društvima RS). Beneficiaries showed particular interest in establishment of public companies whose founders are local governments, their role and tasks in management bodies, as well as the companies’ closure. Preparation of legal documents in the establishment and each phase of the life cycle of the local public company appear challenging, as indicated by the number of instances where registration documents were rejected by the relevant Courts as incomplete or inadequate. Interpretations and application of the RS Corporate Law with the Law on Public Companies, Law on Registration of Businesses, Law on Local Self-Government, and the Law on Transfer of the Property Rights of the RS in Utility Companies to Local Governments were raised as issues as well. Options in establishing companies through public private partnerships may also need to be considered as part of the training.

Tasks of the Consultants are as follows:

Training needs assessment of target group with relevant ministries and local government practitioners selected by UNDP (one focus group meeting);Training curriculum and material development, specifically focused on topics to be selected through the assessment;Training delivery to 4 groups of local government practitioners;Preparation of Manual for local government practitioners, Guide for Trainers and Final Training Report.

The service targets local government employees in RS, secretaries of the municipal/city councils and local government representatives involved in management and monitoring of local public companies. The training will be provided for up to 100 participants from all 63 RS municipalities.

Specifically, the consultancy entails the following tasks:

1. Training Needs Assessment

In order to design the course, the Consultants will first collect inputs from the UNDP MTS project team, its institutional partners (RS Ministry of Administration and Local Self-Government, Association of Cities and Municipalities), which will then be followed by one focus group meeting with other relevant ministries and local government practitioners involved in registration and management of companies. Participants of the focus group will be identified through the MTS project.
The Consultants will identify ambiguous provisions in relevant legislation and assess key challenges local governments face in the application of the RS Corporate Law as well as any other relevant laws governing the establishment, management and closure of municipal companies.

2. Training Curriculum Development 

The Consultants will design the training curriculum and training plan outlining the purpose, learning objectives, content and methodologies to be used along with the proposed training evaluation approach. The training programme will primarily address the conclusions and recommendations arising from the training needs assessment. Some of the general topics already identified in local governments’ demand for the training are establishment of the public companies whose founders are the local governments, their role and tasks in management bodies of the companies, closure of the public company, preparation of legal documents in establishment and each phase of the life cycle of the local public company and interaction with other laws regulating business registration and functioning of the municipal public companies. Following endorsement of outline by the Project Team, the programme and materials will be designed in line with the training methodology applied by the Local Government Training System (to be provided by the Project Team) and will follow adult learning principles focusing on interaction with trainees. Training materials, consisting of agenda, PowerPoint presentation, compilation of relevant readings, list of references, exercises, tools, models of relevant legal documents and a training evaluation form, will be developed. The Service Provider will also design entry and exit tests to establish whether the training has had an impact on the knowledge, skills and abilities of trainees. UNDP BiH will provide templates for the training curriculum and materials. The programme and all materials need to be approved by UNDP prior to training delivery.

3. Training Program Delivery

The Consultants are expected to deliver the 2-day training programme to 4 groups of local government practitioners (up to 100 participants from all 63 municipalities in four locations, tentatively, Banja Luka, Istocno Sarajevo, Bijeljina and Trebinje). Participants will be selected by the UNDP MTS project team. Logistical arrangements and coordination of the training events, as well as printing of training materials will be taken over by UNDP BiH. The consultants are required to collect participants’ practice related questions during the training in order to compile a manual for local government practitioners with frequently asked questions and experts’ responses. (Task 4). The trainings will be delivered in the languages of BiH peoples.

4. Development of a Manual for Local Government Practitioners and Trainers’ Guide

Based on the questions that garnered most interest during the four training sessions, the  Consultants will prepare a manual for local government practitioners, presenting the questions/problems and brief practical answers/advices prepared by the experts/trainers. The manual is expected to respond to up to 20 selected questions from the training. UNDP will distribute it to all training participants, as well as to practitioners from local governments who did not take part in the course. The Consultants are also expected to develop a reference guide for future trainers (about10 pages) that will include guidelines on how to replicate the training effectively. The guidebook should include the curriculum and instructions on how to implement each segment of the programme with reference to PowerPoint slides, tools and exercises to be used and questions to be raised in discussions. UNDP BiH will provide a Template for the guide.

The expected duration of the assignment is 22 days per consultant with the consultancy period from early May to the end of October  2014.

Main deliverables
The implementation of the tasks within this ToR will be supervised and quality assured by the UNDP. The following deliverables are expected:

Training needs assessment report;Training materials;Delivery of four 2-day trainings to up to 25 participants each;Training guide for trainers;Manual for Local Government Practitioners.

Deliverables and timelines

Brief overview of training needs assessment conclusions - beginning of May? Training curriculum for 2-day training;Training materials (including: training module agenda; PowerPoint presentations, hand-outs for participants, practical exercises for individual/group work, check lists, case-studies, reference materials, examples and templates for each training session) - end of MayDelivery of four 2-day trainings - by mid September

Core values

Demonstrates integrity and fairness by modelling UN values and ethical standards;Displays cultural, gender, religion, race, nationality and age sensitivity and adaptabi!ity;

Core competencies

Demonstrates professional competence and is conscientious and efficient in meeting commitments, observing deadlines and achieving results;Results-Orientation: Plans and produces quality results to meet established goals, generates innovative, practical solutions to challenging situations; Communication: Excellent communication skills, including the ability to convey complex concepts and recommendations, both orally and in writing, in a clear and persuasive style tailored to match different audiences;Team work: Ability to interact, establish and maintain effective working relations with a culturally diverse team;Client orientation: Ability to estabiish and maintain productive partnerships with national partners and stakeholders and pro-activeness in identifying of beneficiaries and partners' needs, and matching them to appropriate solutions.

Education:

Experience: 

At least 7 years of practical experience in application of business registration/management related legislation including extensive experience in application of the RS Corporate Law.Familiarity with procedures and practical experience with appropriate legal documents during the establishment and life cycle of municipal public company.Prior experience in training design and delivery.

Language requirements: 

Other: 

Excellent computer skills (MS Office applications) and ability to use information technologies as a tool and resource.

Individual consultants will be evaluated based on the Cumulative analysis. The award of the contract will be made to the individual consultant whose offer has been evaluated and determined as:

Responsive/compliant/acceptable, andHaving received the highest score out of a pre-determined set of weighted technical (70%) and financial (30%) criteria specific to the solicitation.

Applicants are required to submit an application including:

Letter of interest/ Proposal;UN P11 application form is obligatory, detailing past experience in similar projects and actual contact details (e-mail addresses) of three referees that are reachable and willing to provide at short notice their view on applicant;Financial proposal indicating lump sum fee for the assignment.

Please scan all above mentioned documents and upload as one attachment only online through this website .

Note:

For an assignment requiring travel, consultants of 62 years or more require full medical examination and statement of fitness to work to engage in the consultancy. Due to large number of potential applicants, only competitively selected candidates will be contacted for remaining steps of the service procurement process.UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

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