International Individual Consultant – Assessment of the Courts Premises Security in Donetsk and Luhansk oblasts

The United Nations Development Programme (UNDP) has been active and present in eastern Ukraine for the past decade, prior to the conflict, with a focus on community development, civil society development, and environmental protection. Work on addressing the specific conflict-related development challenges built on this earlier engagement, established partnerships, and started in 2015 through the United Nations Recovery and Peacebuilding Programme (UN RPP). UN RPP is a multi-donor funded framework programme formulated and led by the UNDP in collaboration with the Government of Ukraine and in cooperation with a number of partnering UN agencies (UN Women, FAO, UNFPA). UN RPP was designed to respond to, and mitigate, the causes and effects of the conflict in the east of Ukraine. It is an integral component of the UNDP Country Programme and is therefore fully aligned with the United Nations Partnership Framework (UNPF).

In October 2018, four UN agencies (UNDP, UN Women, FAO and the UNFPA) have countersigned a new joint project document, funded by the EU. The overall objective of the project is to restore effective governance, support economic recovery and promote reconciliation in the crisis-affected communities of Donetsk, Luhansk and Zaporizhzhia oblasts in Ukraine, thereby enhancing the credibility and legitimacy of local governments in the government-controlled areas of the regions. It will contribute to peacebuilding and prevent further escalation of the conflict in Ukraine through effective and accountable decentralization, gender-responsive recovery planning and equal access to services, as well as enhanced economic recovery and development.

Component ??? of UN RPP “Community Security and Social Cohesion” aims to reach some of its goals supporting of the projects strengthening community security and social cohesion through  testing innovative legal aid, access to justice, conflict resolution and peacebuilding mechanisms at the local level.

One of the objectives of the Project is to improve the capacity of local judicial institutions to provide adequate and secure services to the conflict-affected population. The lack of physical security for participants during the trial in the context of the armed conflict in the east of Ukraine affects the independence of the judiciary and might lead to the unjust or illegal rulings. Considering current security situation, special attention should be paid to the courts dealing with the cases related to the conflict and against persons who were directly involved in the armed conflict (e.g., charges against members of the armed groups, service-persons of the Armed Forces of Ukraine, participants of the volunteer battalions, etc.).

Based on the foregoing, the Project seeks a highly qualified professional for the assessment of the premises security and respective needs  of 4 (four) pilot local courts in both Donetsk and Luhansk oblasts to provide specific and practical recommendations on how to ensure and/or improve safety and security of respective courts, personnel and population using courts’ services.The United Nations Development Programme (UNDP) has been active and present in eastern Ukraine for the past decade, prior to the conflict, with a focus on community development, civil society development, and environmental protection. Work on addressing the specific conflict-related development challenges built on this earlier engagement, established partnerships, and started in 2015 through the United Nations Recovery and Peacebuilding Programme (UN RPP). UN RPP is a multi-donor funded framework programme formulated and led by the UNDP in collaboration with the Government of Ukraine and in cooperation with a number of partnering UN agencies (UN Women, FAO, UNFPA). UN RPP was designed to respond to, and mitigate, the causes and effects of the conflict in the east of Ukraine. It is an integral component of the UNDP Country Programme and is therefore fully aligned with the United Nations Partnership Framework (UNPF).

In October 2018, four UN agencies (UNDP, UN Women, FAO and the UNFPA) have countersigned a new joint project document, funded by the EU. The overall objective of the project is to restore effective governance, support economic recovery and promote reconciliation in the crisis-affected communities of Donetsk, Luhansk and Zaporizhzhia oblasts in Ukraine, thereby enhancing the credibility and legitimacy of local governments in the government-controlled areas of the regions. It will contribute to peacebuilding and prevent further escalation of the conflict in Ukraine through effective and accountable decentralization, gender-responsive recovery planning and equal access to services, as well as enhanced economic recovery and development.

Component ??? of UN RPP “Community Security and Social Cohesion” aims to reach some of its goals supporting of the projects strengthening community security and social cohesion through  testing innovative legal aid, access to justice, conflict resolution and peacebuilding mechanisms at the local level.

One of the objectives of the Project is to improve the capacity of local judicial institutions to provide adequate and secure services to the conflict-affected population. The lack of physical security for participants during the trial in the context of the armed conflict in the east of Ukraine affects the independence of the judiciary and might lead to the unjust or illegal rulings. Considering current security situation, special attention should be paid to the courts dealing with the cases related to the conflict and against persons who were directly involved in the armed conflict (e.g., charges against members of the armed groups, service-persons of the Armed Forces of Ukraine, participants of the volunteer battalions, etc.).

Based on the foregoing, the Project seeks a highly qualified professional for the assessment of the premises security and respective needs  of 4 (four) pilot local courts in both Donetsk and Luhansk oblasts to provide specific and practical recommendations on how to ensure and/or improve safety and security of respective courts, personnel and population using courts’ services.

Scope and Objective of the Assignment

The main objective of the assignment is to undertake an assessment of the security of the courts premises and respective needs in 4 (four) pilot courts:

Donetsk oblast:

1. Kurakhove – Mariinka Local Court;
2. Volnovakha – Volnovakha Local Court.

Luhansk oblast:

1. Novoaidar – Novoaidar Local Court;
2. Lysychansk – Lysychansk Local Court.

This objective will be achieved by the following steps/ by performing the following tasks:

1. Get familiarized with reports on the matter (e.g. Pravo-Justice Project, EUAM Ukraine, etc.);
2. Develop methodology of the courts premises security assessment and coordinate the assessment with both Territorial Departments of the Court Security Service in Donetsk and Luhansk oblasts and both Territorial Departments of the State Court Administration of Ukraine in Donetsk and Luhansk oblasts, and UN RPP;
3. Coordinate the field visits and perform the courts premises security and respective needs assessment of the 4 (four) pilot courts in both Donetsk and Luhansk oblasts;
4. Prepare a Draft Report including the interviews and assessment findings, gather feedback from both Territorial Departments of the Court Security Service in Donetsk and Luhansk oblasts and both Territorial Departments of the State Court Administration of Ukraine in Donetsk and Luhansk oblasts;
5. Prepare a Final Report with assessment findings, specific and practical recommendations, applicable to the assessed courts  on how to ensure and/or improve safety and security of respective courts, personnel and population using courts’ services in the 4 (four) pilot local courts.

Duties and Responsibilities

The Consultant will deliver the following results:

• To get familiarise with available reports on this matter (e.g. Pravo-Justice Project, EUAM Ukraine, etc.).

The Consultant should be aware on the best practices in sphere of the judicial security. Beside this, the Consultant should familiarise him-/herself with the respective reports on the current courts’ facilities security situation in Ukraine.

• To coordinate the assessment with both Territorial Departments of the Court Security Service in Donetsk and Luhansk oblasts and both Territorial Departments of the State Court Administration of Ukraine in Donetsk and Luhansk oblasts.

This part of the assignment should include deep interviews with representatives of the following stakeholders (at least 1 per each, at least 4 interviews in total):

1. Territorial Department of the Court Security Service in Donetsk oblast
2. Territorial Department of the State Court Administration of Ukraine in Donetsk oblast
3. Territorial Department of the Court Security Service in Luhansk oblast
4. Territorial Department of the State Court Administration of Ukraine in Luhansk oblast

The interviews should be focused on peculiarities and concerns over the access control, personnel and visitors’ control, prevention/mitigation and response to security incidents, civil unrest and other threats, alarm, security guards, security procedures, training and capacity building of security personnel and safety/security-related training for the court’s personnel, describing the current situation, needs (capacity building, procurement of goods, construction works, etc.) of the mentioned authorities and impact of the ongoing armed conflict on the safety and security in the local courts. The interviews may be conducted online. It is Consultant’s responsibility to organize the interviews, however, the UN RPP may assist with setting up of the interviews if needed. Also, UN RPP will support the Consultant with interpretation during the interviews (if needed). The specific questionnaires should be developed by the Consultant and approved by UN RPP.

• Coordinate the field visits and perform the premises security and respective needs assessment of 4 (four) pilot courts in both Donetsk and Luhansk oblasts.

This part of the assessment should be done in person in the 4 (four) pilot courts. During the field visits the representatives of both State Court Administration and Court Security Service should be involved.

Besides, Consultant should propose the best option of remote visits. UN RPP will support these visits with additional staff (if required).

• To prepare the Draft Report including the interviews and assessment findings, to gather feedback from both Territorial Departments of the Court Security Service in Donetsk and Luhansk oblasts and both Territorial Departments of the State Court Administration of Ukraine in Donetsk and Luhansk oblasts.

The Consultant will develop the Draft Report:

1. Methodology of the Study
2. Brief overview of best practices, norms and standards (with respective links)
3. Analysis of the Needs Assessment results
4. Recommendations

Final outline to be identified after joint initial discussion with UN RPP.

The findings of the conducted assessment should be coordinated with all involved stakeholders in order to gather a feedback from them and to finalize the assessment itself. This stage may be done online. The Draft Report to be approved by UN RPP.

The report’s recommendations should be clear, full and complete.

UN RPP will support the Consultant with interpretation during the interviews (if needed).

The Draft Report should be prepared in English and provided in the following formats: *.docs format, at least 40 pages, Times New Roman, 12 pt., lines space – 1,15, graphs in *.pdf, *.xls and *.docs formats. The Initial Report should include respective photos.

1. To prepare the Final Report with concrete recommendations on the improvement of the security situation and description of the respective needs.

The Report should include:

1. Methodology of the Study
2. Brief overview of best practices, norms and standards (with respective links)
3. Court Premises and needs assessment
4. Recommendations
5. Conclusions

Final outline to be identified after joint initial discussion with UN RPP. The Final Report to be approved by UN RPP.

The Final Report should be prepared in English and provided in the following formats: *.docs format, at least 45 pages, Times New Roman, 12 pt., lines space – 1,15, graphs in *.pdf, *.xls and *.docs formats. The Final Report should include respective photos.

Deliverables

The following deliverables will be provided by the Consultant

Proposed Payment Schedule

UN RPP will pay the negotiated amount in 2 tranches as per delivery of the outputs outlined above.

Payment will be processed upon full completion and acceptance of contractual obligations where UN RPP Component Lead signs certification of acceptance.

Monitoring and Reporting Requirements

The Consultant will work under overall guidance and direct supervision of the UN RPP Component Lead in accordance with terms of deliverable submission through meetingscallsmails.

Electronic versions of reports and duly completed timesheets should be prepared and submitted for clearance and approval by the Rule of Law and Access to Justice Individual Specialist in accordance with terms of deliverable submission.

The Consultant should clearly and concisely identify the work that has been carried out during this period, list major accomplishments, and difficulties/problems encountered during the process. The report should also indicate whether the result was achieved or whether there is a delay in the implementation of the planned activities. In the case of a delay, the reasons and advised solutions should be clearly stated.

Documents to Be Included When Submitting the Proposals

Applicants shall submit the following documents:

Financial Proposal

 Lump sum contract

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in instalments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days).

The Consultant will be responsible for all personal administrative expenses associated with undertaking this assignment including office accommodation, printing, stationary, telephone and electronic communications, and report copies incurred in this assignment.

 Travel costs

UN RPP will not provide travel / accommodation, these expenses should be included to the Proposal. This includes all travel to join duty station/repatriation travel. In general, UN RPP should not accept travel costs exceeding those of an economy class ticket. UN RPP, however, may help (if needed) with logistics on mentioned issues around Ukraine. Should the Individual Consultants wish to travel on a higher class he/she should do so using their own resources. In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultants, prior to travel and will be reimbursed.

Evaluation Criteria

• Education: At least Bachelor’s degree or equivalent in construction, security issues or other related field – 12 points max: Bachelor’s Degree – 10 points, Master’s Degree – 12 points;
• At least 10 years of relevant professional experience in the field of security of the facilities – 16 points max: 5 years of experience – 10 points, 10 years of experience – up to 16 points;
• Prior experience with at least 3 security projects in the context of armed conflict – 16 points max: experience of 3 projects – 10 points, 4 projects and more – up to 16 points;
• Prior experience in coordination / performance of at least 3 physical premises security assessments – 16 points max: experience of 3 assessments – 10 points, 4 assessments and more – up to 16 points;
• Languages proficiency: Professional fluency in English – 10 points max: fluency in English – 9 points, fluency in English and Ukrainian or Russian – 10 points.

Evaluation Method

 Cumulative analysis

Contract award shall be made to the incumbent whose offer has been evaluated and determined as:

a) responsive/compliant/acceptable, and

b) having received the cumulative highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

* Technical Criteria weight: 70%

* Financial Criteria weight: 30%

Only candidates obtaining a minimum 70% from the maximum available technical score (49 points) would be considered for the Financial Evaluation

The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will equal to 30. All other price proposals will be evaluated and assigned points, as per below formula:

30 points [max points available for financial part] x [lowest of all evaluated offered prices among responsive offers] / [evaluated price].

The proposal obtaining the overall cumulatively highest score after adding the score of the technical proposal and the financial proposal will be considered as the most compliant offer and will be awarded a contract.

• Ability to perform analytical and research work,
• Deliver outputs in a timely manner;
• Excellent interpersonal communication skills;
• Sound judgment and maturity to foster a positive work environment;
• Ability to work effectively as part of a team;
• Demonstrated strong analytical, coordination and facilitation skills;
• Strong user of office software packages.

• Education: At least Bachelor’s degree or equivalent in construction, security management or other related field;
• At least 10 years of relevant professional experience in the field of security of the facilities;
• Prior experience with at least 3 security project in the context of armed conflict;
• Prior experience in coordination / performance of at least 3 physical premises security assessments;
• Languages proficiency: Professional fluency in English.