Terms of Reference
Team of experts or legal entity for capacity development of HACC management
Background
Ukraine has embarked on the path towards combatting corruption following the Revolution of Dignity in 2014. This process included the introduction of the comprehensive anti-corruption reform measures and establishing new anti-corruption institutions.
Since 2017, Denmark and the EU in the framework of the programme “EU Anti-Corruption Initiative in Ukraine (EUACI)” in its Phase I (2017-2020) implemented by the Danish International Development Agency using the indirect implementation modality, worked extensively on assisting the Ukrainian Government in putting into life its anti-corruption agenda and building the capacities of the new anti-corruption institutions to fight corruption in the country.
One of the main focuses of the EUACI during the Phase I was supporting the process of the establishment and putting into operation of the High Anti-Corruption Court of Ukraine (HACC), a specialized court of 38 judges mandated with adjudicating high-level corruption cases investigated by the National Anti-Corruption Bureau of Ukraine and prosecuted by the Specialized Anti-Corruption Prosecution Office. HACC completes the chain of specialized bodies in the criminal justice chain established for effective investigation, prosecution, and adjudication of high-level corruption cases.
One of the prominent achievements of the Phase I was successful establishment of the Court. The Court started its operation on 5 September 2019. The overall process of the establishment of the Court, took less than 15 months. This period included the selection and appointment of judges, election of chairpersons of two chambers, adoption of regulatory framework, recruitment of personnel, preparation of 3 court-houses and setting up of all required infrastructure, IT network etc.
Based on the significant positive results attained during the Phase I, including the operational launch of HACC and functioning of its both chambers, Denmark and the EU decided to engage in a second phase of the programme aimed at sustaining existing results and further expanding the support to newly established anti-corruption institutions. As in Phase I, Denmark is implementing the programme on behalf of the EU and is using an indirect implementation modality based on Danish guidelines.
Phase II of the Programme, focuses on the number of directions including capacity development of judges and Court personnel.
Sustainability of HACC as in institution, which is at the relatively early stage of its development, is directly connected to the efficiency of its work and the delivery of justice. On its behalf, this is linked to the specific outcomes such as the capacity of judges and judicial and non-judicial staff to implement their functions and overcome significant challenges faced by the Court, stemming out of both the application of substantive and procedural law as well as managing the everyday work of the Court.
Another significant aspect is that almost 41% of judges and 40% of staff at HACC are newcomers to the judicial system. Therefore, continuous development of the capacity of the Court personnel and its management in particular is an essential prerequisite for the increase of the efficacy of the work of HACC and thus represents a central pillar of the Phase II of the programme.
As capacity development and continuous education remain essential keys to providing excellent judicial service, EUACI recognizes the importance of equipping the management team of HACC with a possibility to get acquainted with the best international management cultures and practices. Such an exposure will contribute to the development of sound, modern and efficient management system and internal processes within the Court. Moreover, targeted capacity development approach will also contribute to the enhancement among the core of the management HACC of confidence, better team functioning, better job performance and the ability to contribute more. This on its behalf, will assist in increasing of the efficiency and potency of the Court to implement its judicial function
Against this background, EUACI seeks the services of a highly skilled team that will identify concrete ways to effectively train, coach and mentor HACC management in the areas of strategic thinking and management, though offering of a set of capacity development activities (trainings, programmes etc.,) to develop a capacity of HACC management for formation of strategic idea, vision and implementing them through creative decisions and leadership.
1.Objective
The goal of this activity is to support the sustainability of independent and effective functioning of HACC by strengthening and refining the capacity of HACC management through a number of capacity development activities, providing a set of managerial tools and methods to strategic leaders of HACC (chief of staff, heads/deputy heads of structural units) to develop a vision and work for the long-term growth of the organization, to anticipate and capitalize on opportunities and risks.
The main aim of this undertaking is to develop customized individual and group coaching, mentoring and training approaches and activities for HACC management depending on staff tasks and needs with an aim to optimize the existing wealth of expertise of the organization as well as develop additional relevant competencies in the areas of management and leadership.
2.Scope of work
Develop and suggest a set of capacity development activities (seminars, trainings, study programmes etc.,) and training materials for HACC management, with particular focus on senior and middle management (heads/deputy heads of structural units of the apparatus of HACC) including the following topics:
- Strategic (and creative) thinking.
- Designing and administration of modern internal processes.
- Case flow and workflow management.
- Workforce management.
- Teambuilding with an aim to increase productivity, resilience and better job performance.
- Budget and fiscal management.
- Accountability & court performance.
- Modern and efficient methods of internal and external communication.
Methods and modalities as well as timeline of the proposed activities may vary and should be accommodative of Court’s needs.
3.Expected Outputs
Services designed and proposed by service- providers should ad minimum cover 5 fields the following list:
- Targeted course proposals for the HACC chief of staff and head of the structural unit of the Appeals Chamber directed at strengthening the capacity in strategic thinking, decision-making and development of modern internal processes and building up a strong, coherent team;
- Modern workflow management techniques for the heads/deputy heads of relevant units of HACC;
- Workforce management;
- Creation and management of teams;
- Efficient methods for budget and fiscal management within State institutions;
- Modern and efficient methods of internal and external communication.
Bidders can submit proposals with multiple capacity development activities (seminars, trainings, study programmes etc.).
4.Professional Requirements
General qualifications for the team members (experts):
- Advanced University degree (Master’s degree or equivalent) in the relevant field of expertise, law, business administration, social sciences, management or related. A first-level university degree in similar fields in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree.
- At least five years of experience in the field of organizing educational and capacity building activities in the field of business processes management; workflow management, leadership etc.
- Fluency in Ukrainian (and/or Russian) is required, written and oral English is an asset.
- Knowledge and understanding of reform processes in Ukraine will be a strong asset.
General qualifications for a legal entity or group of experts:
- A minimum of five years of experience providing training services (or similar activities);
- Experience in providing technical assistance for international organizations an asset;
- Experience in working and collaborating with stakeholders including government, civil society and international organizations;
- Experience of institutional strategy development and implementation for anti-corruption agencies, or similar agencies, an asset;
- Experience in organizing training and strategic workshops for high-level and middle management of institutions, preferably public authorities to facilitate a strategic approach and give strategic direction.
- Knowledge and understanding of reform processes in Ukraine will be a strong asset.
- Previous experience working with/knowledge of the judiciary/criminal justice system/anti-corruption in Ukraine or in the region is an asset;
- A legal entity or group of experts should nominate the team leader of the project, responsible for the implementation of the activity and communication with the EUACI team.
5.Timing
The duration of this assignment is estimated to be until the 31 of December 2022.
The assignment will start following an administrative order issued by the contracting authority. A tentative start date: December 2021.
6.Estimated budget
Capacity development activities will be agreed upon and requested on a running basis with the agreed rates up to a total budget of EUR 30,000.
7.Monitoring and evaluation
The performance of the Contractor will be judged upon reaching the purpose of this contract as well as obtaining its results, as indicated in the section ”Objective” and “Outputs” herein respectively. Moreover, the performance of the Contractor will be judged upon successful implementation of all the specific activities indicated in Section “Scope of work” of the present document.
By signing the contract, the Contractor agrees 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.
8.Cross-cutting issues (integration of the youth, equal opportunities)
The project will be implemented ensuring equal opportunities for men and women and integration of the youth.
9.Bidding details
The bidder must submit the following information to be considered:
- Methodology of implementation of assignment (up to 3 pages).
- CVs of trainers and team members.
- Background information about institution, if the service is provided under the umbrella of such (up to 3 pages and if applicable).
- A list of offered capacity development activities (seminars, trainings, study programmes etc.,) with short description of target audience and prices.
- A list of assignments, similar to this project, executed in the last five years.
- List of rates of trainers and administrative team members (if applicable).
10.How to apply
The deadline for submitting the proposals is 19 November 2021, 18:00 Kyiv time.
The proposals shall be submitted within the above deadline to [email protected], indicating the subject line “Team of experts or legal entity for capacity development of HACC management” Bidding language: English.
Any clarification questions for the bid request should be addressed to [email protected], no later than 12 November 2021, 18:00 Kyiv time.
11.Evaluation criteria
Bids will be evaluated under the criteria provided below:
|
# |
Criteria |
Weight |
|
1 |
Methodology of implementation of assignment |
20% |
|
2 |
Portfolio of completed projects, quality, and relevance of past work |
20% |
|
3 |
Relevant experience, skills and competencies of trainers and administrative team members |
40% |
|
4 |
Proposed prices/rates |
20% |
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