Individual Natiоnal Consultant to elaborate learning materials and scripts for online course on whistleblower’s rights protection

 https://jobs.undp.org/cj_view_job.cfm?cur_job_id=106859

1. Background Information:

The United Nations Development Programme (UNDP) has been actively working in eastern Ukraine for the past decade, prior to the conflict, focusing on community and civil society development, and environmental protection.

Since 2015, upon request from the Government of Ukraine, UNDP started its work on addressing conflict-related challenges by early engagement, establishing partnerships through the United Nations Recovery and Peacebuilding Programme (UN RPP). The UN RPP is a multi-donor funded framework programme, jointly implemented by four UN partnering agencies: UNDP, UN Women, FAO, and UNFPA in cooperation with the government of Ukraine.

The UN RPP was designed to respond to and mitigate the causes and effects of the conflict. The UN RPP is an integral component of the UNDP Country Programme. It is fully aligned with the United Nations Partnership Framework (UNPF), closely interlinked with the Democratic Governance and Reform Programme, operating national wide and in all of Ukraine’s regions.

The Programme’s interventions are grouped under the following key Programme components, which reflect the region’s priority needs:

Component 1: Economic Recovery and Restoration of Critical Infrastructure

Component 2: Local Governance and Decentralisation Reform

Component 3: Community Security and Social Cohesion.

The Programme is pooling funds employing a multi-sectoral programme-based approach and is implementing using an area-based methodology and unifying interventions framework for 12 projects funded by 12 international partners.

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

This endeavour will be achieved through the pursuit of the following specific objectives:

1. To enhance local capacity for gender-responsive decentralisation and administrative reforms to improve governance, local development and the delivery of services.
2. To stimulate employment and economic growth by assisting in Micro-, Small- and Medium Enterprise (MSME) development through demand-driven business development services and professional skills training.
3. To enhance social cohesion and reconciliation through the promotion of civic initiatives.
4. To support sector reforms and structural adjustments in health, education and critical public infrastructure to mitigate the direct impacts of the conflict.

One of the priorities of objective 1, is to enhance local capacity for gender-responsive decentralization and administrative reforms to improve governance, local development and the delivery of services. Anti-corruption efforts are framed in the principles of good governance, including transparency, accountability, and participation of all stakeholders to ensure effective and efficient local governance for all people, including internally displaced persons. This will include a series of training sessions, round tables, elaboration of Anti-corruption Strategies and a small grants program.

In 2019, amendments to the Law of Ukraine “On corruption prevention” regarding whistleblowers were adopted. Under the national law compliance officers stand out as key implementors of anticorruption agenda at their place of work (on the central, regional or local level), including work with whistleblowers. To meet compliance officers’ demands in enhancing and updating knowledge on whistleblowers, it is planned to create the on-line course on whistleblowing for anti-corruption compliance officers with the main focus on whistleblowers’ rights protection. This will be used for follow-up trainings and consulting activities on the topic “Whistleblower’s rights protection” for representatives of public service on the national and local level in Ukraine.

The incumbent will promote UNDP’s mandate as a gender-responsive organization with zero tolerance to any kind of discriminatory and abusive behavior, including sexual harassment, sexual exploitation and abuse.

2. Main objectives of the assignment

The UNDP is seeking to contract National Consultant to elaborate learning materials and scripts for online course on whistleblower’s rights protection. 

The Contractor will also ensure the mainstreaming of gender equality and women’s empowerment considerations in the field of expertise, promote a safe and enabling environment free of any kind of discrimination and abusive behavior, and use the principles of gender-responsive communications in line with the UNDP corporate standards.

3. Duties and Responsibilities

Under the direct supervision of the Anti-corruption Specialist and in consultation with representatives of NACP (National agency on corruption prevention), the National Consultant will be responsible for the following key tasks:

1. Develop a workplan with a timeline and a brief justification of the methods and tools that will be used. Submit workplan to the Anti-corruption Specialist for approval.
2. Conduct analyses on whistleblowers and compliance officers’ scope of powers in this field comprised of (but not limited to) the following subjects:

• International best practice on whistleblower’s protection;
• Anti-corruption legislature in Ukraine with the main focus on compliance officers’ role in the protection of whistleblowers;
• National practices on compliance officers’ scope of powers regarding protection of whistleblowers’ rights.

3. Submit analyses to the Anti-corruption Specialist for review and approval.
4. Based on the analysis, elaborate a curriculum and all relevant additional materials (list of used sources, tests, practical examples and case-study, materials for interactive exercises, etc.) for online course on “Whistleblower’s rights protection” for compliance officers. The course will include video lectures with screencasts, lecture materials, a dialogue simulator for modulating the compliance officer’s communication with the whistleblower, tests for knowledge checking, game modules for mastering the procedure of examining whistleblowers’ reports and working with the Unified portal of whistleblowers’ reports, 3-d simulation of the compliance officer’s interaction with whistleblowers, other interactive forms of learning.
5. Submit curriculum and all additional materials for on-line course to the Anti-corruption Specialist for review and approval.
6. Prepare scripts for video lectures comprised of (but not limited to) the following topics:

- International standards of whistleblowing and whistleblowers’ rights guarantees (UN conventions, EU Directives, ECHR practice);

- The definition, rights and guarantees of the whistleblower;

- Scope of powers and principles of the compliance officer’s interaction with whistleblowers regarding whistleblowers’ rights protection;

- Channels for whistleblowers’ reports on corruption. The Unified portal of whistleblowers’ reports;

- Procedures for receiving and reviewing whistleblowers’ reports;

- The compliance officer’s interaction with special subjects of corruption prevention;

- Cooperation with whistleblowers. Establishing psychological contact with whistleblowers by means of emotional intelligence. Procedural interview techniques usage in interaction with whistleblowers;

- Creating favorable terms for whistleblowers and a corporate culture of respect for whistleblowers;

- Best national and international practices of whistleblowers’ rights protection.

7. Submit scripts and all additional materials for on-line course to the Anti-corruption Specialist for review and approval.
8. Submit the final versions of learning materials and scripts for online course on whistleblower’s rights protection to the Anti-corruption Specialist for approval.
9. Prepare a Final Report with conclusions (observations and recommendations, its successes and challenges, bottlenecks, lessons learned, etc.) and submit it to the Anti-corruption Specialist for approval.

4. Deliverables

In view of the above, the Consultant will provide the following deliverables:

5. Monitoring/Reporting requirements

The Consultant will directly report to UNDP Anti-corruption Specialist and Programme Coordinator on weekly or any other agreed basis. The Consultant will participate in the Project meetings (by Skype) and will share his/her work progress.

The Consultant should adhere to the system of monitoring, evaluation and quality control implemented by the UNDP and provide the necessary information, reports and statistics according to the present schedule or as soon as possible (within a reasonable time).

All reports and studies UNDP shall be transmitted electronically (Formats of: * .docx, * .xlsx, * .pptx, * .pdf) on electronic source or in the form of electronic communication. The studies/research/reports should be written in Ukrainian.

6. Payment Schedule

50% – upon completion of Deliverables 1-3.

50% – upon completion of Deliverables 4-5.

The payments will be processed upon full completion and acceptance of corresponding contractual obligations whereupon the Anti-corruption Specialist signs the certification of acceptance. 

7. Minimum Qualification and Experience Requirements

1. At least Specialist / Master’s degree in Law or other related field is required.
2. At least 5 (five) years of professional experience in the field of anti-corruption, governance, public administration, academia or the equivalent is required.
3. At least 3 (three) years of experience in carrying out analytical work is required.
4. Experience in preparing scripts/curriculum materials/guidelines (at least 2 (two) samples should be provided).
5. Fluency in verbal and written Ukrainian is required, working knowledge of English will be an asset.

Competencies:

• Ability for desk research and analytical work;
• Sound knowledge and proved experience in training guideline development;
• Familiarity with national legislation in anticorruption sphere;
• Ability to deliver outputs in a timely manner;
• Excellent interpersonal communication skills;
• Ability to handle politically sensitive issues with authorities, CSO’s, and within UNDP;
• 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 computers and office software packages. 

 8. Documents to be included when submitting the proposals

Applicants shall submit the following documents:

 9. 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 installments or upon completion of the entire contract). Payments are based on 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

All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, the UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC 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 Consultant prior to travel, and will be reimbursed.

 10. Evaluation of Applicants

1. Educational background in Law or other related field: Specialist / Master’s degree – 12 points, PhD and higher – 14 points.
2. Professional experience in the field of anti-corruption, governance, public administration, academia or the equivalent: 5 years – 10 points, 6-10 years – 14 points, 10 and more years – 17 points.
3. Experience in carrying out analytical work: 3 years – 10 points, 4-5 years – 12 points, 6 and more years – 14 points.
4. Experience in preparing scripts/curriculum materials/guidelines: 2 samples – 12 points, 3 samples and more – 18 points.
5. Language knowledge: fluency in verbal and written Ukrainian – 5 points, fluency in verbal and written Ukrainian and working knowledge of English – 7 points.

Maximum available technical score – 70 points.

11. 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 meeting the minimum requirements and 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.