Jan 15, 2016 - SSR Facility_ToR_EuropeAid/138201/DH/SER/MULTI. ⢠Engagement with civil society, non-statutory security
ANNEX II: TERMS OF REFERENCE 1.
BACKGROUND INFORMATION ..................................................................................... 2 1.1. 1.2. 1.3. 1.4. 1.5.
2.
OBJECTIVE, PURPOSE & EXPECTED RESULTS ....................................................... 3 2.1. 2.2. 2.3.
3.
Staff ............................................................................................................................ 10 Office accommodation................................................................................................ 13 Facilities to be provided by the Contractor................................................................. 13 Equipment ................................................................................................................... 13 Incidental expenditure ................................................................................................ 13 Lump sums.................................................................................................................. 14 Expenditure verification ............................................................................................. 14
REPORTS ............................................................................................................................ 14 7.1. 7.2.
8.
Location ...................................................................................................................... 10 Start date & period of implementation ....................................................................... 10
REQUIREMENTS .............................................................................................................. 10 6.1. 6.2. 6.3. 6.4. 6.5. 6.6. 6.7.
7.
General.......................................................................................................................... 6 Specific work ................................................................................................................ 7 Project management...................................................................................................... 9
LOGISTICS AND TIMING ............................................................................................... 10 5.1. 5.2.
6.
Assumptions underlying the project ............................................................................. 4 Risks ............................................................................................................................. 5
SCOPE OF THE WORK ...................................................................................................... 6 4.1. 4.2. 4.3.
5.
Overall objective........................................................................................................... 3 Purpose ......................................................................................................................... 3 Results to be achieved by the Contractor ..................................................................... 4
ASSUMPTIONS & RISKS ................................................................................................... 4 3.1. 3.2.
4.
Partner country ............................................................................................................. 2 Contracting Authority ................................................................................................... 2 Background ................................................................................................................... 2 Current situation in the sector ....................................................................................... 2 Related programmes and other donor activities............................................................ 3
Reporting requirements .............................................................................................. 14 Submission & approval of reports .............................................................................. 15
MONITORING AND EVALUATION .............................................................................. 15 8.1. 8.2.
Definition of indicators ............................................................................................... 15 Special requirements ................................................................................................... 16
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1. BACKGROUND INFORMATION 1.1. Partner country Global
1.2. Contracting Authority European Commission, Service for Foreign Policy Instruments, Unit 2.
1.3. Background Supporting Security Sector Reform (SSR) has been an increasing area of engagement for global actors who aim to contribute to conflict prevention, peace-building and state-building. For the EU, ensuring effective developments and reforms in the security sector in conflict, post-conflict and fragile countries and regions will be critical for the long term success of EU efforts to promote peace and security globally. In order to enhance the impact and sustainability of EU support to SSR, and further to the Foreign Affairs (Defence) Council of 18 May 2015, an "EU-Wide Strategic Framework on SSR support" was adopted on the 5 July 20161. The strategic framework sets out the EU's approach to SSR which revolves around two pillars: • Ensuring security for individuals and the state; • Promoting legitimacy, good governance, integrity and sustainability The strategic framework highlights the practical steps required to ensure support to SSR is effectively driven by, and contributes to achieving, the principles set out under its two pillars: understanding the security sector in its wider context; enabling broad national ownership; embedding SSR in wider governance and development strategies with support of systematic political and policy dialogue; coordinating EU support on the one hand and with other international actors on the other; retaining flexibility while balancing long term systemic change and immediate security needs; measuring progress; managing risks; and making best use of SSR expertise. The expertise mobilised under these Terms of Reference is expected to contribute to the implementation of this EU strategic framework on SSR support.
1.4. Current situation in the sector Evaluations and reviews in the field of SSR, including at EU level,2 have called for, inter alia, the need for increased national ownership, better gender mainstreaming in design and implementation and better anchoring of SSR support in the wider governance, democratisation, state-building and poverty reduction contexts. Ensuring that SSR processes are locally owned has also proven to be challenging, in part due to the fact that there is a lack of national security sector plans and/or strategies, developed in a transparent and inclusive manner, to guide and inform international support. SSR policies and international standards emphasise the importance of ensuring the delivery by the justice and security institutions of tangible benefits to the whole population – women, men, girls and boys, including addressing their security concerns. This requires a "bottom-up" approach to security, complementary to a top-down institutional approach, starting from the identification of
1https://ec.europa.eu/europeaid/sites/devco/files/joint-communication-ssr-20160705-p1-854572_en.pdf 2For
instance: https://ec.europa.eu/europeaid/sites/devco/files/evaluation-cooperation-ec-justice-1295-mainreport-201111_en_0.pdf 15 January 2016 SSR Facility_ToR_EuropeAid/138201/DH/SER/MULTI
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security needs as perceived and experienced by the population, discussed among local stakeholders and between communities and local and national authorities as well as among security forces. Lessons learned show that SSR is fundamentally political and involves a wide range of actors from security and justice sectors (state and relevant non-statutory security actors). SSR processes also need to be anchored in the wider governance, democratisation, state-building and poverty reduction context to ensure their sustainability and effectiveness, rather than considering security processes and issues as separate from the overall political and developmental context.3 Finally, being able to draw on the right expertise is crucial to design and implement effective SSR support. A thematic Evaluation of EC support to Justice and Security Reform (2011) highlighted that "Shortfalls in expertise contribute to weak programme design, hamper implementation and harm the Commission’s credibility as an international JSSR player."4
1.5. Related programmes and other donor activities The action will be fully complementary to other EU external financing instruments being mobilised to support structural SSR programmes and actions, including the Development Cooperation Instrument, European Development Fund and European Neighbourhood Instrument, the Instrument for Pre-accession Assistance5 as well as with relevant measures and actions under the European Instrument for Democracy and Human Rights and the Instrument contributing to Stability and Peace. It will also provide complementarity with the Common Security and Defence Policy (CSDP) actions, especially CSDP missions. The action should also provide a platform on which international partners should align their support, thereby contributing to enhance coordination with other donors, including EU member states.
2. OBJECTIVE, PURPOSE & EXPECTED RESULTS 2.1. Overall objective The overall objective of the project is to contribute to the implementation of EU SSR policy frameworks by supporting and sustaining inclusive national SSR processes including dialogue on security sector governance and reform in conflict, post-conflict and fragile countries.
2.2. Purpose The purposes of this contract are to: • Provide technical expertise to support and underpin national policy planning, implementation and dialogue on SSR; • Ensure that good governance principles remain central to SSR processes and EU support therein;
3See
lessons learned set out in the Action Document 6 of the IcSP article 4 Annual Action Programme 2016.
4https://ec.europa.eu/europeaid/sites/devco/files/evaluation-cooperation-ec-justice-1295-main-report-
201111_en_0.pdf 5Taking
into account the specificities of the Instrument for Pre-Accession as set out in the corresponding Regulation (EU) No 231/2014, OJ L 77, 15.3.2014. 15 January 2016 SSR Facility_ToR_EuropeAid/138201/DH/SER/MULTI
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• Ensure that gender concerns are included within SSR dialogue and planning processes in order to meet the long term security needs and rights of women, men, girls and boys.
2.3. Results to be achieved by the Contractor The contractor will aim to contribute to achieve the following results: • National policies and strategies are being discussed, drafted and approved in a transparent manner, • National policies and strategies are considered relevant to beneficiaries and based on local contextual analysis, • Improved coordination within the partner country's government on the planning, scheduling and implementation of SSR processes, • Improved transparency and inclusivity of and public confidence in national SSR processes, • Immediate and long term security needs and rights of women, men, girls and boys are included and systematically met within the national processes for SSR, • Improved civilian and democratic oversight of national SSR processes, • Improved coordination amongst international partners in the area of SSR, • Improved quality and relevance of assistance measures and action framework in the area of SSR.
3. ASSUMPTIONS & RISKS 3.1. Assumptions underlying the project The assumptions under this service contract have been identified as follows: •
Availability of the necessary and relevant expertise for the expected support;
•
Timely deployment of expertise in order to provide expected support;
•
Sufficient level of stability, security and safety for the expert/s to be able to provide expected support;
•
Sufficient level of national ownership in order for the expertise to be deployed usefully and in a timely manner;
•
Sufficient national commitment to implement the Women, Peace and Security (WPS) Agenda and in particular United Nations Security Council Resolution (UNSCR) 1325, 1888, 2151 in order to ensure the meaningful and inclusive participation of women in SSR processes.
•
Sufficient national commitment to engage in, and effectively conduct, the processes leading up to the design and implementation of reforms, in an inclusive manner.
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3.2. Risks Risks
Risk level (H/M/L)
Lack of political will at senior decision making levels within the governments of partner countries.
M
Distrust, suspicion and possible lack of involvement by the national stakeholders and difficulties with engagement. The security sector is particularly sensitive and the governments of partner countries may be reluctant to engage in cooperation in this sector with external actors. Credibility, trust and partnership are the result of a long dialogue and collaboration process that cannot easily be achieved with short term missions. Lack of collaboration with other international SSR support actors, which would negatively impact the objective of donor coordination.
M
Lack of capacity of oversight institutions such as the parliaments or ombudsman offices and civil society, in particular women’s organisations, to engage in SSR processes. Lack of security and high levels of instability in focus countries.
M
L
L
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Mitigating measures EU Delegations will provide good offices to lobby government counter-parts, include SSR in their political dialogue and engage other international actors including the UN system to support the goals of the projectand related EU initiatives. The contractor will not only require a high degree of SSR expertise, but also a high level of credibility with many partner countries including established channels of contact. SSR support should be based on securing a high level of trust between the national stakeholders and the SSR experts thereby maximising the effectiveness of this EU expertise.
The contractor needs to establish a significant level of credibility and legitimacy among international actors such as the UN, regional organisations and bilateral donors. EU Delegations will play a key role in ensuring consultation with EU Member States and other international partners. Capacity building of oversight institutions and of the oversight and advocacy functions of civil society organisations (in particular women’s organisations) will be a priority area of intervention. EU Delegations will consult closely with the UN Department of Security and Safety and other security actors to ensure that project partners and beneficiaries minimise any potential security risk that would jeopardise the activities to be implemented. The contractor will foresee security related measures according to the security context and level of threat.
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4. SCOPE OF THE WORK 4.1. General 4.1.1. Project description The intervention logic6 draws from the understanding that effective reforms in the security sector must be based on democratic governance principles and on a people-centred approach to justice and security. SSR should also be inclusive, sustainable and gender-sensitive in order to meet the long term security needs and rights of women, men, girls and boys. The EU will contribute to ensure effective support to SSR processes not only by promoting these principles through political dialogue, but also by supporting the national stakeholders to implement, monitor and promote their mainstreaming and application. It is assumed that deploying the right expertise at the right moment will have a significant impact on the design and implementation of reform efforts, thereby maximising the potential of these processes to meet their expected results. One pre-condition for the successful completion of the project will be that the assistance provided is not only relevant and insightful, but also that it manages to gain the trust and confidence of all stakeholders involved (e.g. EU actors, national partners, other international actors and civil society actors). The objective of the action is to support and sustain inclusive national SSR processes including dialogue on security sector governance and reform in conflict, post-conflict and fragile countries. This will be achieved by providing technical expertise, training, organising meetings and seminars to support and underpin national policy planning, implementation and dialogue on SSR, ensuring that gender concerns are included within SSR dialogues and planning processes in order to meet the long term security needs and rights of women, men, girls and boys. The contractor will set up a team of experts with experience in working in the following: SSR areas: • Police reform; • Penal reform; • Defence reform; • Intelligence reform; • Border management; • Community security; • Traditional / customary security and justice mechanisms; • Democratic oversight and accountability; SSR activities: • Security sector assessments (including security needs of the population, risks assessments, conflict analysis, political economy analysis and national consultation processes); • Design and development of national security policy planning frameworks; • Enhancing good governance and development of accountability mechanisms (including transparency and fight against corruption) in the security sector; • Human resources management in the security sector (including selection processes, staff training, performance management and evaluation, pay-roll management); • Capacity building for oversight institutions (ministries, parliament, human rights commissions), bodies (media, civil society, universities) and civil society organisations; • Gender-mainstreaming in SSR processes (both in terms of more equal representation and in terms of delivery of security and justice services) and human rights mainstreaming;
6
See Action Document 6 of the IcSP article 4 Annual Action Programme http://ec.europa.eu/europeaid/sites/devco/files/implementing-decision-icsp-2016-annex-6_en.pdf 15 January 2016 SSR Facility_ToR_EuropeAid/138201/DH/SER/MULTI
2016:
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• • •
Engagement with civil society, non-statutory security actors and private security companies, as well as engagement with traditional / customary security and justice mechanisms; Disarmament, Demobilisation and Reintegration (DDR) processes and links with SSR plans; Transitional justice and links with SSR.
Experts will be made available upon request from the contracting authority for short (few days) to mid-term (several weeks) assignments to work alongside a wide range of actors in the fields of security sector governance and reform (European Union, international organisations, national and local authorities, institutions from beneficiary countries and civil society). With regards to cross-cutting issues, and as per Article 2.4 of IcSP Regulation, the contractor will aim to promote democracy and good governance, human rights and humanitarian law, including children's rights and rights of indigenous groups, non-discrimination, gender equality and empowerment of women, conflict prevention. In particular, the following cross-cutting issues will be considered central to the implementation of the project's activities: human security, good governance, gender-sensitivity, conflict-sensitivity, human rights. 4.1.2. Geographical area to be covered The mandate of the proposed technical assistance is global and its geographical coverage will, to a large extent, depend on EU strategic foreign policy priorities and on EU engagement in the field of SSR, e.g. Africa, Asia and the Middle-East.7 4.1.3. Target groups It is expected that the expertise and technical support will be provided to, and / or benefit to, a wide range of stakeholders involved in SSR processes: all relevant national stakeholders, state and relevant non-statutory security actors of the security and justice sector. This includes security and justice providers such as law enforcement agencies, courts and tribunals as well as those responsible to manage and oversee these providers such as the Ministries of Defence, Internal Security, Justice, Parliaments, Ombudsman, Human Rights Commissions, women associations, youth and community associations, and other relevant civil society organisations. Moreover, other stakeholders would be the EU Member States and institutions, international donors, universities and think-tanks, wider international civil society actors.
4.2. Specific work For all activities, prior approval of the Contracting Authority on engagement of non-key experts under the present contract is required and will be sought by the contractor. Before starting his/her activities, the expert(s) will be briefed by the Contracting Authority. During and until the end of the assignments, the experts will operate under the instructions of the EU Project Manager (FPI.2), in consultation with the EEAS and other relevant services at Headquarter or Delegation level. When in place in a third country, the experts will cooperate fully with the local EU Delegation, CSDP mission, and/or other relevant EU actors, on certain aspects of the mission (such as the access to local data and documentation and facilitation of access to key interlocutors).
7
Given the global coverage of this action, assignments in other regions can be considered as well.
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As soon as the Contracting Authority has identified a need for a specific assignment, it will contact the Contractor with a specific request (which will specify the description of tasks). The indicative number of assignments per year will be between 10 and 20. It is envisaged that the type of assignments will consist of the following activities:8 1) Identification, mobilisation and management of experts: At the request of the Contracting Authority, the Contractor will: Identify the relevant (non-)key expert(s), who has the knowledge and the relevant geographical and/or thematic expertise as well as technical skills for the assignment. This will include, inter alia, expertise on police reform, penal reform, defence reform, intelligence reform, border management, community security, traditional security and justice mechanisms, democratic oversight and accountability;9 Engage with (non-)key expert(s) on, and manage, the practical aspects of each assignment defined by the Contracting Authority, including the detail of the output(s), the timeframe, the number of working days, the reporting lines, visibility and rules on and/or approaches to confidentiality; guidelines and instructions on the action modus operandi will also be provided by the Contractor to the non-key expert(s) before each assignment. 2) Context analysis and needs assessments: Undertake or support others in security needs assessment, including through security perception survey and security sector assessment processes; Undertake or support others in conflict or risk analysis, political economy analysis and governance assessment processes; Provide advice on and support to public consultation processes on security matters. 3) Programme advice: Provide expertise on: The design and development of national policy planning frameworks for structural and inclusive SSR; The translation of context analysis and various types of security assessments into strategic programming objectives and practical projects (identification and formulation); The elaboration of results monitoring frameworks, including Theory of Change; The management of reform processes with partners countries authorities and other relevant stakeholders; The ways to enhance responsiveness and governance aspects of SSR, including through the development of national accountability mechanisms. 4) Capacity building: Contribute to the design, preparation, delivery and follow up to capacity building activities such as training and coaching of partner countries authorities and relevant actors involved in SSR processes, including oversight institutions (ministries, parliament, human rights commissions) and bodies (media, universities) and civil society organisations which can play a role in relation to security governance. 5) Gender mainstreaming support: Support the development of gender-sensitive baselines to guarantee adequate and transparent monitoring and evaluation of implementation of SSR plans; Support the integration of gender issues in SSR processes, both in terms of more equal representation in the security and justice sectors and in terms of gender-sensitive delivery of security and justice services. 6) Coordination and facilitation: Contribute to: 8 9
This list is indicative and non-exhaustive. This list is non-exhaustive.
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Enhance coordination amongst international partners in the area of SSR; Enhance coordination within the partner country's government on the planning, scheduling and implementation of SSR; Enhance coordination between the partner country's government and other actors involved such as international partners and civil society; Facilitate dialogue between different stakeholders (international, national, local, governmental and non-state) involved in SSR processes. 7) Reports: The contractor will produce different types of reports, each of which will be specified in the description of tasks of the assignment. This may include: 'Assignment reports' setting out the key activities, highlights, results and lessons learned from each assignment, according to a format to be agreed between the Contractor and the Contracting Authority. 'Research and analysis reports' on topics related to SSR processes in given contexts. Those reports may be used by the Contracting Authority for publication, including on the Commission or the EEAS official websites.
4.3. Project management 4.3.1. Responsible body The European Commission Service for Foreign Policy Instruments (FPI), Unit 2 - Instrument contributing to Stability and Peace (IcSP) is responsible for the management of the contract. 4.3.2. Management structure On the EU side, the Contracting Authority will be responsible for all administrative, legal and financial issues relating to the contract, and will also monitor and supervise the implementation of the project. In its function, the Contracting Authority will work in close consultation with the relevant EU services (e.g. EEAS, DG DEVCO, DG NEAR) and in particular with the EEAS PRISM Division. The Contractor will be responsible for day-to-day management of the project, mobilisation of the technical assistance, the preparation for, the conduct of, and follow up to, the missions as well as provision of outputs and reports, including through the Key Expert 1 ("Team Leader/Project Manager") and backstopping functions as set out in section 6.1.3. The Team Leader/Project Manager will serve as the Contractor's main interface with FPI.2 and will facilitate and optimise the interactions between the various stakeholders involved in this project, as well as the smooth implementation of the assignments. 4.3.3. Facilities to be provided by the Contracting Authority and/or other parties N/A.
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5. LOGISTICS AND TIMING 5.1. Location Given the need for regular meetings and briefing/debriefing sessions with FPI and/or meetings with relevant Desk Officers in EEAS, DG DEVCO and DG NEAR (based in Brussels), the operational base (Key Expert 1) shall be in Brussels. Such location would facilitate short-term practical arrangements as well as day to day communication.
5.2. Start date & period of implementation The intended start date is 1st of October 2017 and the period of implementation of the contract will be 36 months from this date. Please see Articles 19.1 and 19.2 of the Special Conditions for the actual start date and period of implementation.
6. REQUIREMENTS 6.1. Staff Note that civil servants and other staff of the public administration, of the partner country or of international/regional organisations based in the country, shall only be approved to work as experts if well justified. The justification should be submitted with the tender and shall include information on the added value the expert will bring as well as proof that the expert is seconded or on personal leave. 6.1.1. Key experts Key experts have a crucial role in implementing the contract. These terms of reference contain the required key experts’ profiles. All key experts should have excellent oral communication and drafting skills in English and French. Command of Russian, Spanish or Arabic is an asset. All experts should be computer literate (Microsoft basic software WinWord, Excel and PowerPoint). They should also have good knowledge of the EU external action institutions and policies, and knowledge acquired on the role and function of EU Delegations and of the external action financing instruments, especially on SSR related processes. Key experts should possess strong inter-cultural and conflict-sensitivity skills. The tenderer shall submit CVs and Statements of Exclusivity and Availability for the following key experts: Key expert 1: Team Leader/Project Manager (full time – approximately 600 days) Scope of work: The Team Leader/Project Manager will manage and coordinate the implementation of the contract. S/he will be the main contact point to the Contracting Authority for operational (including identifying, mobilising and liaising with non-key experts) issues. S/he will liaise and report to the Contracting Authority on a regular basis on the activities and will facilitate a fruitful and open dialogue between the stakeholders involved (partner country authorities, civil society, think tanks, EU actors, etc.). The key expert will support and supervise the preparation, implementation, and conclusion of assignments undertaken together with, or by, the Key Expert 2 and Non-Key experts, and the production of outputs related to specific assignments. S/he will also undertake research and analysis report on topics related to SSR. Her/his work-time will be spent between the "operational base" and missions in the field. The indicative number of missions outside the operational base (place of posting) undertaken by the Key Expert shall be between three and five per year.
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Qualifications and skills • Master's Degree or equivalent diploma in Public Administration, Political and/or Social Sciences, Law, International Relations or other relevant discipline; • Excellent oral communication and drafting skills in English and French. Command of Arabic, Russian, or Spanish is an asset. General professional experience • A minimum of 5 years post-graduate experience in project management, in the field of security and conflict; • A minimum of 2 year of field work experience in developing and/or fragile countries10,including interacting with international and regional organisations and with civil society;
• A minimum of 2 years of experience in working with (or in cooperation with) EU institutions will be considered an asset, in particular on SSR related processes. Specific professional experience • At least 2 years of experience working on good governance, gender and SSR gained in at least 2 projects; • A proven track record of at least 4 researches and publications on SSR, conflict and security related issues (as listed under points 4.1.1. and 4.2. above); • At least 2 years of experience in programming and capacity building in the field of SSR gained in at least 2 projects will be considered an asset. Key expert 2: technical adviser SSR support (approximately 330 days) Scope of work: The technical adviser in SSR support will undertake assignments requested by the contracting authority, from preparation of the mission to implementation and reporting. S/he will liaise and report to the Contracting Authority, including via the Team Leader/Project Manager on a regular basis on the activities and will facilitate a fruitful and open dialogue between all the stakeholders involved (such as national authorities, regional/international organisations, civil society organisations, EU actors), in a conflict-sensitive manner. It is foreseen that most of her/his worktime will be in-country where the missions take place, for short (few days) to mid-term (several weeks) assignments. The place of posting will be the country of assignment. The indicative number of missions outside the EU undertaken by the Key Expert shall be between four to eight per year. Qualifications and skills • Master's Degree or equivalent diploma in Public Administration, Political and/or Social Sciences, Law, International Relations or other relevant discipline; • Excellent oral communication and drafting skills in English and French. Command of Arabic, Russian, or Spanish is an asset.
General professional experience • A minimum of 7 years post-graduate experience in the areas of Security Sector Reform (including on research and analysis, programming, capacity building); • A minimum of 3 years of field work experience in developing and/or fragile countries11, including interacting with international and regional organisations and with civil society; 10
See for instance the 2016 OECD states of Fragility Diagram as well as the DAC List of ODA Recipients;
11
See for instance the 2016 OECD states of Fragility Diagram as well as the DAC List of ODA Recipients;
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• A minimum of 2 years of experience in working with (or in cooperation with) EU institutions, will be considered an asset, in particular on SSR related processes; Specific professional experience • At least 5 years of experience working on good governance and SSR, gained in at least 2 projects. • At least 2 years of experience working on Security Sector Reform projects with gender components/mainstreaming gained in at least 2 projects; • A proven track record of at least 4 researches and publications on SSR, conflict and security related issues (as listed under points 4.1.1. and 4.2. above). All experts must be independent and free from conflicts of interest in the responsibilities they take on. 6.1.2. Non-key experts In addition to the key experts, the project foresees the mobilisation of short-term resource expertise (non-key experts) for a total of approximately 600 working days for the duration of the project through a pool of junior (300 working days) and senior (300 working days) non-key SSR experts which will be deployed for short (several days) to mid-term (several weeks) assignments. The place of posting will be the country of assignment. The indicative number of missions outside the EU undertaken by non-key experts shall be between five and ten per year. This pool of non-key experts should cover the following range of expertise: SSR areas: • Police reform; • Penal reform; • Defence reform; • Intelligence reform; • Border management; • Community security; • Traditional security and justice mechanisms; • Democratic oversight and accountability; SSR activities: • Security sector assessments (including security needs of the population, risks assessments, conflict analysis, political economy analysis and national consultation processes); • Design and development of national security policy planning frameworks; • Enhancing good governance and development of accountability mechanisms (including transparency and fight against corruption) in the security sector; • Human resources management in the security sector (including selection processes, staff training, performance management and evaluation, pay-roll management); • Capacity building for oversight institutions (ministries, parliament, human rights commissions), bodies (media, civil society, universities) and civil society organisations; • Gender-mainstreaming in SSR processes (both in terms of more equal representation and in terms of delivery of security and justice services) and human rights mainstreaming; • Engagement with civil society, non-state actors and private security companies, as well as engagement with traditional security and justice mechanisms; • Disarmament, Demobilisation and Reintegration (DDR) processes and links with SSR plans; • Transitional justice processes and links with SSR.
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Junior non-key experts are required to have a proven minimum 3 years of experience in the area of SSR and/or the requested assignment. Senior non-key experts are required to have a proven minimum of 5 years in the area of the requested assignment. CVs for non-key experts should not be submitted in the tender but the tenderer will have to demonstrate in their offer that they have access to experts with the required profiles. The Contractor must select and hire other experts as required according to the profiles identified in the Organisation & Methodology and these Terms of Reference. It must clearly indicate the experts’ profile so that the applicable daily fee rate in the budget breakdown is clear. All experts must be independent and free from conflicts of interest in the responsibilities they take on. The selection procedures used by the Contractor to select these other experts must be transparent, and must be based on pre-defined criteria, including professional qualifications, language skills and work experience. The selected experts must be subject to approval by the Contracting Authority before the start of their implementation of tasks. 6.1.3. Support staff & backstopping The Contractor will provide support facilities to their team of experts (back-stopping) during the implementation of the contract, including for the administrative and for the financial management of the project as well as, when appropriate, technical support drawing on the Contractor's expertise and operations for specific assignments, activities or delivery of outputs. Backstopping and support staff costs must be included in the fee rates.
6.2. Office accommodation Office accommodation of a reasonable standard and of approximately 10 square metres for each expert working on the contract is to be provided by the Contractor. The costs of the office accommodation are to be covered by the fee rates.
6.3. Facilities to be provided by the Contractor The Contractor must ensure that experts are adequately supported and equipped. In particular it must ensure that there is sufficient administrative, secretarial and interpreting provision to enable experts to concentrate on their primary responsibilities. It must also transfer funds as necessary to support their work under the contract and to ensure that its employees are paid regularly and in a timely fashion.
6.4. Equipment No equipment is to be purchased on behalf of the Contracting Authority / partner country as part of this service contract or transferred to the Contracting Authority / partner country at the end of this contract. Any equipment related to this contract that is to be acquired by the partner country must be purchased by means of a separate supply tender procedure.
6.5. Incidental expenditure The provision for incidental expenditure covers ancillary and exceptional eligible expenditure incurred under this contract. It cannot be used for costs that should be covered by the Contractor as part of its fee rates, as defined above. Its use is governed by the provisions in the General Conditions and the notes in Annex V to the Contract. It covers: • Travel costs and subsistence allowances for missions, outside the normal place of posting, undertaken as part of this contract. If applicable, indicate whether the provision includes costs for environmental measures, for example C02 offsetting;
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• Translation and interpretation; • Data processing; • Security measures; • Additional insurance for high risk areas; • Costs relating to the organisation of events, notably trainings/seminars (renting of premises, catering, equipment, etc.); • Costs relating to the production of communication & visibility products. The provision for incidental expenditure for this contract is EUR 350,000 This amount must be included unchanged in the Budget breakdown. Daily subsistence costs may be reimbursed for missions foreseen in these terms of reference or approved by the Contracting Authority, and carried out by the contractor’s authorised experts, outside the expert’s normal place of posting. The per diem is a flat-rate maximum sum covering daily subsistence costs. These include accommodation, meals, tips and local travel, including travel to and from the airport. Taxi fares are therefore covered by the per diem. Per diem are payable on the basis of the number of hours spent on the mission by the contractor's authorised experts for missions carried out outside the expert's normal place of posting. The per diem is payable if the duration of the mission is 12 hours or more. The per diem may be paid in half or in full, with 12 hours = 50% of the per diem rate and 24 hours = 100% of the per diem rate. Any subsistence allowances to be paid for missions undertaken as part of this contract must not exceed the per diem rates published on the website http://ec.europa.eu/europeaid/funding/about-calls-tender/procedures-and-practical-guide-prag/diems_en - at the start of each such mission. The Contracting Authority reserves the right to reject payment of per diem for time spent travelling if the most direct route and the most economical fare criteria have not been applied. Prior authorisation by the Contracting Authority for the use of the incidental expenditure is not needed.
6.6. Lump sums No lump sums are foreseen in this contract.
6.7. Expenditure verification The provision for expenditure verification covers the fees of the auditor charged with verifying the expenditure of this contract in order to proceed with the payment of any pre-financing instalments and/or interim payments. The provision for expenditure verification for this contract is EUR 30,000. This amount must be included unchanged in the Budget breakdown. This provision cannot be decreased but can be increased during execution of the contract.
7. REPORTS 7.1. Reporting requirements Please see Article 26 of the General Conditions. 15 January 2016 SSR Facility_ToR_EuropeAid/138201/DH/SER/MULTI
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Interim reports must be prepared every six months during the period of implementation of the tasks. They must be provided along with the corresponding invoice, the financial report and an expenditure verification report defined in Article 28 of the General Conditions. There must be a final report, a final invoice and the financial report accompanied by an expenditure verification report at the end of the period of implementation of the tasks. The draft final report must be submitted at least one month before the end of the period of implementation of the tasks. Note that these interim and final reports are additional to any required in Section 4.2 of these Terms of Reference. Each report must consist of a narrative section and a financial section. The financial section must contain details of the time inputs of the experts, incidental expenditure and expenditure verification. To summarise, in addition to any documents, reports and output specified under the duties and responsibilities of each key expert above, the Contractor shall provide the following reports: Name of report
Content
Time of submission
6-month Progress Report
Short description of progress No later than 1 month after the (technical and financial) end of each 6-month including problems implementation period. encountered; planned work for the next 6 months accompanied by an invoice and the expenditure verification report.
Draft Final Report
Short description of achievements including problems encountered and recommendations.
No later than 1 month before the end of the implementation period.
Final Report
Short description of achievements including problems encountered and recommendations; a final invoice and the financial report accompanied by the expenditure verification report.
Within 1 month of receiving comments on the draft final report from the EU Project Manager identified in the contract.
7.2. Submission & approval of reports One hard copy of the reports referred to above must be submitted to the EU Project Manager identified in the contract. The reports must be written in English. The EU Project Manager is responsible for approving the reports. The Contracting Authority shall provide comments within one calendar month upon receipt of the reports. In the absence of comments or approval by the EU Project Manager within the set deadline, the reports are deemed to be approved. Should there be comments (and/or modifications required), the Contractor shall submit an updated version of the reports within two calendar weeks upon receipt of the EU Project Manager’s comments.
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8. MONITORING AND EVALUATION 8.1. Definition of indicators On account of the project DAC code, no Commission Standard Indicator is seen as immediately relevant for the required performance monitoring. In the course of the implementation of the contract, the Contracting Authority and the Consultant shall agree on objectively verifiable indicators, including quantitative and qualitative indicators to measure gender mainstreaming, human security and good governance outcomes and impacts. On that basis, the Contractor will define project performance indicators for approval by FPI and subsequently monitor them. These will include quantitative and qualitative indicators, measured and updated at regular intervals. The Contractor should consider, but not be limited to these specific performance measures that could be useful and practical in comparing measures of progress towards achieving expected results. Having regard to the importance and nature of the action, a mid-term evaluation could be carried out for this action or its components via independent consultants contracted by the Commission. In that case, the Contracting Authority shall inform the implementing partner at least 2 months in advance of the dates foreseen for the evaluation missions. The implementing partner shall cooperate efficiently and effectively with the evaluation experts, and inter alia provide them with all necessary information and documentation, as well as access to the project premises and activities. The evaluation reports shall be shared with relevant stakeholders. The implementing partner and the Commission shall analyse the conclusions and recommendations of the evaluations and, where appropriate, jointly decide on the follow-up actions to be taken and any adjustments necessary, including, if indicated, the reorientation of the project.
8.2. Special requirements N/A. ***
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