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1 INDIVIDUAL CONSULTANT PROCUREMENT NOTICE NATIONAL LEGAL CONSULTANT PROCUREMENT NOTICE No. UNDP/IC/ELECTIONS/014/2017 Date: Country: Liberia Duty Station: Monrovia, Liberia Description of the assignment: National Legal Consultant (2 posts) Project name: UNDP Election Project Duration: 6 Months Contract type: Individual Contractor (National) Languages: English Proposals should be submitted at the following address: by email to [email protected] (Please include procurement notice number in the subject area) no later than Friday, 2 June 2017 at 12:00 Noon (GTM). Any request for clarification must be sent by standard electronic communication to the address or e-mail indicated below: [email protected] UNDP will respond by standard electronic mail and will send written copies of the response, including an explanation of the query without identifying the source of inquiry, to all consultants. 1. Background Successful conduct of the 2011 elections has been considered as significant step in the consolidation of democracy in Liberia. Furthermore, to ensure success in all future elections in Liberia, a series of administrative, capacity and legal challenges are being addressed through an election assistance project. UNDP, along with other partners, provides technical and operational support to the NEC to assist in the organization and conduct of the 2017 Presidential and Legislative elections. The emphasis is on capacity building and institutional support to the NEC to build up its own internal processes and systems to conduct free fair and credible elections. One of the main priorities is to ensure that NEC is prepared to navigate through the difficult legal environment and timely address the challenges associated with number of complaints against NEC, timely drafting of legal opinions and advising the Board of Commissioners, drafting regulations and guidelines.

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Page 1: INDIVIDUAL CONSULTANT PROCUREMENT NOTICE NATIONAL LEGAL … · UNDP will respond by standard electronic mail and will send written copies of the response, including an ... Experience

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INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

NATIONAL LEGAL CONSULTANT

PROCUREMENT NOTICE No. UNDP/IC/ELECTIONS/014/2017

Date: Country: Liberia

Duty Station: Monrovia, Liberia

Description of the assignment: National Legal Consultant (2 posts) Project name: UNDP Election Project

Duration: 6 Months

Contract type: Individual Contractor (National)

Languages: English

Proposals should be submitted at the following address: by email to [email protected] (Please include

procurement notice number in the subject area) no later than Friday, 2 June 2017 at 12:00 Noon (GTM). Any

request for clarification must be sent by standard electronic communication to the address or e-mail

indicated below: [email protected]

UNDP will respond by standard electronic mail and will send written copies of the response, including an

explanation of the query without identifying the source of inquiry, to all consultants.

1. Background

Successful conduct of the 2011 elections has been considered as significant step in the consolidation of

democracy in Liberia. Furthermore, to ensure success in all future elections in Liberia, a series of

administrative, capacity and legal challenges are being addressed through an election assistance project.

UNDP, along with other partners, provides technical and operational support to the NEC to assist in the

organization and conduct of the 2017 Presidential and Legislative elections. The emphasis is on capacity

building and institutional support to the NEC to build up its own internal processes and systems to

conduct free fair and credible elections. One of the main priorities is to ensure that NEC is prepared to

navigate through the difficult legal environment and timely address the challenges associated with

number of complaints against NEC, timely drafting of legal opinions and advising the Board of

Commissioners, drafting regulations and guidelines.

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2. Duties and Responsibilities:

Under the guidance and supervision of the Chief Technical Advisor, National Legal Counsel will report to

the Board of Commissioners of NEC through its chairman. In delivering his/her mandate, specific

responsibilities include:

Review the Constitutional, statutory and regulatory framework to determine consistency and

advise on legal implications, possible collisions, challenges and risks associated with legal

framework.

Provide legal opinions on every stage of election operation and any aspect of NEC activities.

Draft regulations and guidelines as required.

Help NEC legal section to review complaints against the NEC while providing analysis on specific

cases as may be necessary;

Review and analyze contracts, other related legal documents/ communications and advice on

their legal implications.

Assist NEC legal section in legal proceedings and hearings before the Supreme Court of Liberia.

Assist NEC legal section in negotiations with election stakeholders, disputing parties, represent

NEC in private and public forums as required.

Advise Board of Commissioners of NEC on policy decisions and their legal implications.

3. Deliverables/Outputs:

DELIVERABLES DUE DATE AMOUNT IN

CURRENCY

Review the Constitutional, statutory and regulatory

framework to determine consistency and advise on legal

implications

Provide legal opinions on every stage of election operation

and any aspect of NEC activities

Draft regulations and guidelines as required.

One month 15%

Help NEC legal section to review complaints against the NEC

while providing analysis on specific cases as may be

necessary.

Provide legal opinions on every stage of election operation

and any aspect of NEC activities

One month 15%

Review and analyze contracts, other related legal

documents/communications and advice on their legal

implications.

Provide legal opinions on every stage of election operation

and any aspect of NEC activities

One month 15%

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Assist NEC legal section in legal proceedings and hearings

before the Supreme Court of Liberia.

Advise Board of Commissioners of NEC on policy decisions

and their legal implications.

One month 15%

Assist NEC legal section in legal proceedings and hearings

before the Supreme Court of Liberia.

Assist NEC legal section in negotiations with election

stakeholders, disputing parties, represent NEC in private

and public forums as required.

Advise Board of Commissioners of NEC on policy decisions

and their legal implications.

One month 15%

Assist NEC legal section in legal proceedings and hearings

before the Supreme Court of Liberia.

Assist NEC legal section in negotiations with election

stakeholders, disputing parties, represent NEC in private

and public forums as required.

Advise Board of Commissioners of NEC on policy decisions

and their legal implications.

Submit final report

One month 25%

4. Requirements for experience and qualifications

LL. B or J.D. degree in law from a recognized University;

Must be a member in good standing of the Liberian National Bar Association; At least 15 years of experience in litigating cases before the Supreme Court of Liberia;

Experience in advising senior government officials and public institutions;

Experience in assisting election dispute resolution process;

Experience in drafting regulations and guidelines for election process; Experience in legal advisory role (knowledge of Liberian electoral legal framework is advantage);

Good knowledge of cross-cutting democratic governance issues, such as constitutional reform, capacity development and aid effectiveness;

Excellent drafting and analytical skills;

Excellent command of English.

5. Competencies

Functional Competencies

Excellent communication and writing skills;

Demonstrated integrity and loyalty towards a client;

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Excellent analytical and organizational skills;

Ability to provide policy advise;

Ability to identify needs and interventions for clients and potential partners;

Ability to accomplish tasks efficiently and in timely manner;

Ability to take responsibility for achieving agreed result within set deadlines and strives until

successful results are achieved;

Demonstrates initiative and self-motivation to work independently, as well as, cooperative and

collaborative spirit to work in a team;

Good knowledge of constitutional, statutory and regulatory framework in Liberia, including

Constitution, Elections Law, Election Regulations and other relevant instruments.

Good Knowledge of Civil Procedure, judiciary system and litigation practice in Liberia.

Demonstrated ability to lead and supervise a legal team in Supreme Court litigation.

Demonstrated ability in producing quality written reports.

Excellent interpersonal and communication skills

Corporate competencies:

Demonstrates integrity by modeling the UN’s values and ethical standards.

Promotes the vision, mission, and strategic goals of UNDP.

Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability.

Shares knowledge across the organization;

6. Duration of the Work

The consultancy is expected to last for 6 months (Monday to Friday) from the date of signature of the

contract.

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.

7. Documents to be included when submitting the proposal

Interested individual consultants must submit the following documents/information to demonstrate

their qualifications:

1. Financial proposal 2. Personal CV (P11) including past experience in similar projects and at least 3 references

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8. Financial Proposal

The financial proposal shall specify a monthly fee. Payments will be made to the Individual Consultant based

on specific and measurable deliverables as specified in the TOR upon completion of all deliverables.

Description Unit Quantity Unit Price Total price

Consultancy/professional fee:

all- inclusive lump sum

Months 6

1. Evaluation

Individual consultants will be evaluated based on the following methodologies:

Cumulative analysis

Award of the contract will be made to the individual consultant whose offer has been evaluated and

determined as:

a) responsive/compliant/acceptable, and

b) Having received the highest score out of a pre-determined set of weighted technical and financial

* Technical Criteria; [70 points]

* Financial Criteria; [30 points]

Only candidates obtaining a minimum of 70% of the maximum points would be considered for the

financial evaluation

Criteria Weight Max. Point

Technical

Criteria A: Relevance of Education

21 30

Criteria B: Years & relevance of experience & Education requirements

35

50

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Criteria C: Adequacy of competencies & skills responding to the Terms of Reference , (TOR) ;

14

20

Financial 30 points x price of the lowest

price proposed / price of proposal

30 points

ANNEXES

ANNEX 1- TERMS OF REFERENCES (TOR)

ANNEX 2- INDIVIDUAL CONSULTANT GENERAL TERMS AND CONDITIONS ANNEX 3 – P11 FORM

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OFFEROR’S LETTER TO UNDP CONFIRMING INTEREST AND AVAILABILITY

FOR THE INDIVIDUAL CONTRACTOR (IC) ASSIGNMENT

Date

Cleophas Torori

United Nations Development Programme

Simpson Building

Sekou Toure Avenue, Mamba Point

Monrovia, Liberia

Dear Sir/Madam:

I hereby declare that:

I have read, understood and hereby accept the terms of reference describing the duties and

responsibilities of National Legal Consultant

a) I have also read, understood and hereby accept UNDP’s General Conditions of Contract

for the Services of the Individual Contractors;

b) I hereby propose my services and I confirm my interest in performing the assignment

through the submission of my CV or Personal History Form (P11) which I have duly

signed and attached hereto as Annex 1;

c) In compliance with the requirements of the Terms of Reference, I hereby confirm that I

am available for the entire duration of the assignment, and I shall perform the services in

the manner described in my proposed approach/methodology which I have attached

hereto as Annex 3

d) I hereby propose to complete the services based on the following payment rate : [pls.

check the box corresponding to the preferred option]:

An all-inclusive daily fee of [state amount in words and in numbers

indicating currency]

A total lump sum of [state amount in words and in numbers, indicating exact

currency] , payable in the manner described in the Terms of Reference.

e) For your evaluation, the breakdown of the above mentioned all-inclusive amount is

attached hereto as Annex 2;

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f) I recognize that the payment of the abovementioned amounts due to me shall be based on

my delivery of outputs within the timeframe specified in the TOR, which shall be subject

to UNDP's review, acceptance and payment certification procedures;

g) This offer shall remain valid for a total period of days [minimum of 90

days] after the submission deadline;

h) I confirm that I have no first degree relative (mother, father, son, daughter,

spouse/partner, brother or sister) currently employed with any UN agency or office

[disclose the name of the relative, the UN office employing the relative, and the

relationship if, any such relationship exists];

i) If I am selected for this assignment, I shall [pls. check the appropriate box]:

Sign an Individual Contract with UNDP;

Request my employer [state name of company/organization/institution] to

sign with UNDP a Reimbursable Loan Agreement (RLA), for and on my behalf.The

contact person and details of my employer for this purpose are as follows:

j) I hereby confirm that [check all that applies]:

At the time of this submission, I have no active Individual Contract or any form of

engagement with any Business Unit of UNDP;

I am currently engaged with UNDP and/or other entities for the following work :

Assignment

Contract

Type

UNDP Business Unit

/ Name of

Institution/Company

Contract

Duration

Contract

Amount

I am also anticipating conclusion of the following work from UNDP and/or other

entities for which I have submitted a proposal :

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Assignment

Contract

Type

Name of

Institution/

Company

Contract

Duration

Contract

Amount

k) I fully understand and recognize that UNDP is not bound to accept this proposal, and I

also understand and accept that I shall bear all costs associated with its preparation and

submission and that UNDP will in no case be responsible or liable for those costs,

regardless of the conduct or outcome of the selection process.

l) If you are a former staff member of the United Nations recently separated, pls. add this

section to your letter: I hereby confirm that I have complied with the minimum break in

service required before I can be eligible for an Individual Contract.

m) I also fully understand that, if I am engaged as an Individual Contractor, I have no

expectations or entitlements whatsoever to be re-instated or re-employed as a staff

member.

Full Name and Signature: Date Signed :

Annexes[pls. check all that applies]:

CV or Duly signed P11 Form

Breakdown of Costs Supporting the Final All-Inclusive Price as per Template

Brief Description of Approach to Work (if required by the TOR)

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BREAKDOWN OF COSTS

SUPPORTING THE ALL-INCLUSIVE FINANCIAL PROPOSAL

A. Breakdown of Cost by Components:

Cost Components Unit

Cost in

USD

Quantity Total Rate for the

Contract Duration in

USD

I: Personnel Costs

Professional Fee

Insurance

months 6

Communications

Transportation

Others (pls. specify)

Total Personnel cost (All inclusive) in USD

II: Local Travel Expense at Duty Station

Local Travel (Attending office)

Field Travel, if any as per TORs

Filed Living Allowance, if any as per

TORs

Others (pls. specify)

To be provided by

UNDP as the need arise

Total Travel Cost at Duty Station (All inclusive) in USD

Total Financial Proposal in USD

B. Breakdown of Cost by Deliverables*

Deliverables

[list them as referred to

Percentage of Total Price

(Weight for payment)

Amount

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in the TOR]

Deliverable 1

Deliverable 2

Deliverable 3

Deliverable 4

Deliverable 5

Deliverable 6

Total 100% USD ……

*Basis for payment tranches

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INSTRUCTIONS

Please answer each question clearly

and completely. Type or print in ink.

Read carefully and follow all

directions.

UNITED NATIONS DEVELOPMENT

PROGRAMME

PERSONAL HISTORY FORM

(for Individual Contracts)

1. Family Name First Name Middle name Maiden name, if any

2. Date Da Mo Yr

of Birth 3. Place of Birth 4. Nationality (ies) at birth 5. Present nationality (ies) 6. Sexe

7. Height 8. Weight 9. Marital status

Single Married Separated Widow Divorced

10. Permanent address

Telephone No.

Fax No.

11. Present Address (if different)

Telephone No.

Fax No.

12. Office Telephone No.

Office Fax No.

Office E-mail No.

13. Do you have a spouse and/or children? YES NO if the answer is "yes", give the following information:

NAME Date of birth Relationship NAME Date of birth Relationship

14. Have you taken up any legal permanent status in any country other than that of your nationality? YES NO

If the answer is "yes", which country?

15. Have you taken any legal steps towards changing your present nationality? YES NO

If answer is "yes", explain fully:

16. Are any of your relatives employed by a public international organization? YES NO

If the answer is "yes", give the following information:

NAME Relationship Name of International Organization

17. What is your preferred field of work?

18. KNOWLEDGE OF LANGUAGES. What is your mother tongue?

OTHER LANGUAGES

READ WRITE SPEAK UNDERSTAND

Easily Not Easily Easily Not Easily Fluently Not Fluently Easily Not Easily

19. For clerical grades only

Indicate speed in words per minute List any office machines or equipment you can use

Typing

Shorthand

English French Other languages

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20. EDUCATIONAL. Give full details - N.B. Please give exact titles or degree in original language.

A. UNIVERSITY OR EQUIVALENT Please do not translate or equate to other degrees.

NAME, PLACE AND COUNTRY ATTENDED FROM/TO DEGREES and ACADEMIC

DISTINCTIONS OBTAINED

MAIN COURSE

OF STUDY Mo./Year Mo./Year

B. SCHOOLS OR OTHER FORMAL TRAINING OR EDUCATION FROM AGE 14 (e.g. high school, technical school or apprenticeship)

NAME, PLACE AND COUNTRY TYPE ATTENDED FROM/TO CERTIFICATES OR

DIPLOMAS OBTAINED Mo./Year Mo./Year

21. LIST PROFESSIONAL SOCIETIES AND ACTIVITIES IN CIVIC, PUBLIC OR INTERNATIONAL AFFAIRS

22. LIST ANY SIGNIFICANT PUBLICATIONS YOU HAVE WRITTEN (Do not attach)

23. EMPLOYMENT RECORD: Starting with your present function, list in reverse order every employment you have had. Use a separate block for each

FUNCTION. Include also service in the armed forces and note any period during which you were not gainfully employed. If you need more space, attach

additional pages of the same size. Give both gross and net salaries per annum for your last and present FUNCTION.

A. PRESENT FUNCTION (LAST FUNCTION, IF NOT PRESENTLY IN EMPLOYMENT)

FROM TO SALARY PER ANNUM EXACT TITLE OF YOUR FUNCTION:

MONTH/YEAR MONTH/YEAR STARTING FINAL

NAME OF EMPLOYER: TYPE OF BUSINESS:

ADDRESS OF EMPLOYER: NAME OF SUPERVISOR:

NO AND KIND OF EMPLOYEES

SUPERVISED BY YOU: REASON FOR LEAVING:

DESCRIPTION OF YOUR DUTIES

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B. PREVIOUS FUNCTION (IN REVERSE ORDER) PAGE 3

FROM TO SALARY PER ANNUM EXACT TITLE OF YOUR FUNCTION: MONTH/YEAR MONTH/YEAR STARTING FINAL

NAME OF EMPLOYER: TYPE OF BUSINESS:

ADDRESS OF EMPLOYER: NAME OF SUPERVISOR:

NO AND KIND OF EMPLOYEES

SUPERVISED BY YOU: REASON FOR LEAVING:

DESCRIPTION OF YOUR DUTIES

FROM TO SALARY PER ANNUM EXACT TITLE OF YOUR FUNCTION: MONTH/YEAR MONTH/YEAR STARTING FINAL

NAME OF EMPLOYER: TYPE OF BUSINESS:

ADDRESS OF EMPLOYER: NAME OF SUPERVISOR:

NO AND KIND OF EMPLOYEES

SUPERVISED BY YOU: REASON FOR LEAVING:

DESCRIPTION OF YOUR DUTIES

FROM TO SALARY PER ANNUM EXACT TITLE OF YOUR FUNCTION: MONTH/YEAR MONTH/YEAR STARTING FINAL

NAME OF EMPLOYER: TYPE OF BUSINESS:

ADDRESS OF EMPLOYER: NAME OF SUPERVISOR:

NO AND KIND OF EMPLOYEES

SUPERVISED BY YOU: REASON FOR LEAVING:

DESCRIPTION OF YOUR DUTIES

FROM TO SALARY PER ANNUM EXACT TITLE OF YOUR FUNCTION: MONTH/YEAR MONTH/YEAR STARTING FINAL

NAME OF EMPLOYER: TYPE OF BUSINESS:

ADDRESS OF EMPLOYER: NAME OF SUPERVISOR:

NO AND KIND OF EMPLOYEES

SUPERVISED BY YOU: REASON FOR LEAVING:

DESCRIPTION OF YOUR DUTIES

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FROM TO SALARY PER ANNUM EXACT TITLE OF YOUR FUNCTION: MONTH/YEAR MONTH/YEAR STARTING FINAL

NAME OF EMPLOYER: TYPE OF BUSINESS:

ADDRESS OF EMPLOYER: NAME OF SUPERVISOR:

NO AND KIND OF EMPLOYEES

SUPERVISED BY YOU: REASON FOR LEAVING:

DESCRIPTION OF YOUR DUTIES

FROM TO SALARY PER ANNUM EXACT TITLE OF YOUR FUNCTION: MONTH/YEAR MONTH/YEAR STARTING FINAL

NAME OF EMPLOYER: TYPE OF BUSINESS:

ADDRESS OF EMPLOYER: NAME OF SUPERVISOR:

NO AND KIND OF EMPLOYEES

SUPERVISED BY YOU: REASON FOR LEAVING:

DESCRIPTION OF YOUR DUTIES

FROM TO SALARY PER ANNUM EXACT TITLE OF YOUR FUNCTION: MONTH/YEAR MONTH/YEAR STARTING FINAL

NAME OF EMPLOYER: TYPE OF BUSINESS:

ADDRESS OF EMPLOYER: NAME OF SUPERVISOR:

NO AND KIND OF EMPLOYEES

SUPERVISED BY YOU: REASON FOR LEAVING:

DESCRIPTION OF YOUR DUTIES

FROM TO SALARY PER ANNUM EXACT TITLE OF YOUR FUNCTION: MONTH/YEAR MONTH/YEAR STARTING FINAL

NAME OF EMPLOYER: TYPE OF BUSINESS:

ADDRESS OF EMPLOYER: NAME OF SUPERVISOR:

NO AND KIND OF EMPLOYEES

SUPERVISED BY YOU: REASON FOR LEAVING:

DESCRIPTION OF YOUR DUTIES

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24. DO YOU HAVE ANY OBJECTIONS TO OUR MAKING ENQUIRIES OF YOUR PRESENT EMPLOYER? YES NO

25. ARE YOU NOW, OR HAVE YOU EVER BEEN A PERMANENT CIVIL SERVANT IN YOUR GOVERNMENT’S EMPLOY? YES NO

If answer if "yes", WHEN?

26. REFERENCES: List three persons, not related to you, who are familiar with your character and qualifications.

Do not repeat names of supervisors listed in item 24.

FULL NAME FULL ADDRESS BUSINESS OR OCCUPATION

27. STATE ANY OTHER RELEVANT FACTS IN SUPPORT OF YOUR APPLICATION. INCLUDE INFORMATION REGARDING ANY RESIDENCE

OUTSIDE THE COUNTRY OF YOUR NATIONALITY.

28. HAVE YOU BEEN ARRESTED, INDICTED, OR SUMMONED INTO COURT AS A DEFENDANT IN A CRIMINAL PROCEEDING, OR

CONVICTED, FINED OR IMPRISONED FOR THE VIOLATION OF ANY LAW (excluding minor traffic violations)? YES NO

If "yes", give full particulars of each case in an attached statement.

29. I certify that the statements made by me in answer to the foregoing questions are true, complete and correct to the best of my knowledge and belief. I

understand that any misrepresentation or material omission made on a Personal History form or other document requested by the Organization may result

in the termination of the service contract or special services agreement without notice.

DATE: SIGNATURE:

NB. You will be requested to supply documentary evidence which support the statements you have made above. Do not, however, send any documentary

evidence until you have been asked to do so and, in any event, do not submit the original texts of references or testimonials unless they have been

obtained for the sole use of UNDP.