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COMPETITION TYPE : 

Call for Proposals

DETAIL DESCRIPTION : 

GIZ intends to award a contract to a local company for support to the MTAI in grouping/ organizing mapped municipal powers and functions by sectors and recommending amendments to the existing national legislation on local self- governance, and in developing law-enforcement practice studies of local government authorities in specified sectors. The detailed Terms of Reference (ToR) of the assignment and the relevant Annexes are attached to this Call for Proposals.

If you are awarded the contract, you are not excluded from bidding for the implementation of the following project phase. However, a prerequisite for participation in a subsequent tender is that you do not benefit from your involvement in the previous contract and that the equal treatment of all bidders is ensured.

Context
The “Good Governance for Local Development South Caucasus” (GGLD) Programme advises and supports respective partner organisations at national, regional (sub-national) and local levels in Armenia, Georgia, and Azerbaijan in the implementation of cooperation initiatives towards improved local governance. It supports the improvement of frame conditions, addresses regional (sub-national) governance issues and works towards the improvement of municipal services and citizens’ participation at municipal level. In the context of the German international cooperation approach, the Programme’s objectives are oriented within the framework of the Caucasus Initiative; thus, the improved professional exchange among the countries of the South Caucasus and their increasing cooperation are also objectives at the regional South Caucasus level.
The Programme is implemented on behalf of the German Federal Ministry for Economic Cooperation and Development (BMZ) and in Armenia co-financed by the Swiss Agency for Development and Cooperation (SDC) through its “Improvement of the Local Self-Governance System in Armenia” Programme. It is carried out in close cooperation with the Ministry of Territorial Administration and Infrastructure (MTAI) as the main political partner.

Background
In Armenia, the territorial and administrative division inherited from the past, along with limited decentralization, posed significant challenges to local governance, effective service provision, and efficient use of financial resources. With 915 municipalities of varying population sizes and capacities, the municipal landscape was highly fragmented, with many municipalities unable to fulfil their functions effectively.
In 2015, the Government of the Republic of Armenia (GoA) launched a large-scale structural transformational process called the Territorial and Administrative Reform of Armenia (TARA) to address these challenges. The goal of TARA was to create a conducive framework for local self-governance and to build viable structures at the local level. The reform aimed to renew policy approaches to municipal planning, governance, management, and resource allocation within the governance system.
As of late 2022, TARA has resulted in a completely new territorial-administrative division, featuring 71 municipalities, 64 of which were consolidated, and 7 single municipalities. Inspired by the outcomes of TARA, the MTAI has taken a proactive approach to decentralization, including fiscal and sectoral decentralization. Before proceeding, the MTAI recognized the importance of developing an inventory of powers and functions of the Local Self-Government (LSGs), particularly mandatory ones, to understand the administrative and financial burden on municipalities.
The MTAI, leveraging technical support from GIZ, undertook an exhaustive inventory of local government powers. This effort was grounded in a detailed examination of 304 RA laws, leading to the identification of 1,283 legal norms. The focus on legal analysis within this framework was paramount, ensuring that local authorities operated within the bounds of the law, thus promoting accountability, equity, and transparency in governance.
A substantial legal review encompassing 14 sectors laid the groundwork for profound legislative improvements. This initial phase identified critical areas for legal refinement, setting a precedent for comprehensive legal amendments in 60 laws.
Building on this momentum, the GoA recognizes the imperative to extend this legal examination to 17 additional sectors. This expansion is driven by the need to involve broader aspects of governance and public service that are critical to the country’s development and the well-being of its citizens. These sectors, identified through a collaborative and consultative process, range from environmental protection to digital infrastructure, public safety, public participation, and beyond, reflecting the evolving needs and priorities of Armenian municipalities and their constituents.
The extended legal review aims to deepen the analysis of administrative and financial responsibilities at the municipal level, fostering a more nuanced understanding of the legal frameworks that underpin these sectors. By addressing the legal intricacies of an expanded range of public administration areas, this phase seeks to drive further legislative enhancements, ultimately paving the way for a more agile, responsive, and effective local governance system.
The outcomes of this ambitious legal review will inform the development of a new edition of the Law on LSG and potentially other legislative amendments. This initiative is a critical step toward the development of the decentralization strategy, ensuring that legal reforms are aligned with the goals of empowering municipalities, improving public services, and enhancing the quality of life of people.

Tasks to be performed by the contractor
Following the successful completion of the legal review in 14 sectors, which laid the groundwork for significant legislative improvements and streamlined governance systems, the MTAI aims to extend this crucial work into 17 additional sectors. These sectors have been identified as pivotal areas for further enhancing local self-governance, decentralization, and public service delivery across the country. The mentioned sectors are finance and taxes, utilities, garbage collection, and sanitary cleaning, environmental protection, climate change and adaptation, tourism, protection of public order, regulation of public notices and public events, public and community service, management of apartment buildings, guardianship and trusteeship, judicial protection of the rights of communities, local anti-corruption policy, alienation of community property for the needs of society and the state, public participation in local self-government in the context of the amalgamation of communities, protection of the rights of youth and persons with disabilities, rights of citizens and business entities, protection of the rights and interests of national minorities, legal and professional control, accounting, state control, financial control, and inspections.

The contractor is responsible for providing the following services:
Task 1: Grouping the results of the inventory of powers according to the following areas: finance and taxes, utilities, garbage collection, and sanitary cleaning, environmental protection, climate change and adaptation, tourism, protection of public order, regulation of public notices and public events, public and community service, management of apartment buildings
Grouping or separating the results of the inventory of powers by the above-specified sectors should be implemented by the following logic:
- to separate and list the extracts of legal norms related to local governments in each field in a separate document.
- present separately the extracts and their compilations of powers assigned to local governments in the fields of finance and taxes, utilities, garbage collection, and sanitary cleaning, environmental protection, climate change and adaptation, tourism, protection of public order, regulation of public notices and public events, public and community service, management of apartment buildings.
Task 2: Studying and developing a legal analysis of the domestic legislation of the RA regulating the spheres of finance and taxes, utilities, garbage collection, and sanitary cleaning, environmental protection, climate change and adaptation, tourism, protection of public order, regulation of public notices and public events, public and community service, management of apartment buildings
- Study and develop a legal analysis of the domestic legislation of the RA regulating the sphere of finance and taxes, utilities, garbage collection, and sanitary cleaning, environmental protection, climate change and adaptation, tourism, protection of public order, regulation of public notices and public events, public and community service, management of apartment buildings, with particular emphasis on the powers assigned to local governments by the legislative acts regulating that sphere, legislative gaps, contradictions, and ambiguities caused by them.
Task 3: Studying and developing a legal analysis of the law-enforcement practice of local government authorities in the fields of finance and taxes, utilities, garbage collection, and sanitary cleaning, environmental protection, climate change and adaptation, tourism, protection of public order, regulation of public notices and public events, public and community service, management of apartment buildings
- Analyse the legal and practical challenges faced by local government authorities in enforcing the laws and regulations governing finance and taxes, utilities, garbage collection, and sanitary cleaning, environmental protection, climate change and adaptation, tourism, protection of public order, regulation of public notices and public events, public and community service, management of apartment buildings.
Task 4: Development of a single comprehensive document containing all 8 sectors
- Develop legal analyses for 8 sectors in separate sections.
- Develop law enforcement analyses and main conclusions for 8 sectors in separate sections,
- Develop the conclusions made as a result of the above-mentioned analyses.
- Develop recommendations implying legislative, and law enforcement changes and additions aimed at solving the identified issues.
Task 5: Finalize the package for 8 sectors
- Discuss the package delivered within Task 4 with the MTAI and GIZ and based on the provided comments revise and finalize the documents.
- Submit the final documents to the MTAI and GIZ.
Task 6. Group the results of the inventory of powers according to the following areas: guardianship and trusteeship, judicial protection of the rights of communities, local anti-corruption policy, alienation of community property for the needs of society and the state, public participation in local self-government in the context of the amalgamation of communities, protection of the rights of youth and persons with disabilities, rights of citizens and business entities, protection of the rights and interests of national minorities, legal and professional control, accounting, state control, financial control, and inspections.
Grouping or separating the results of the inventory of powers by the above-specified sectors should be implemented by the following logic:
- to separate and list the extracts of legal norms related to local governments in each field in a separate document,
- present separately the extracts and their compilations of powers assigned to local governments in the fields of guardianship and trusteeship, judicial protection of the rights of communities, local anti-corruption policy, alienation of community property for the needs of society and the state, public participation in local self-government in the context of the amalgamation of communities, protection of the rights of youth and persons with disabilities, rights of citizens and business entities, protection of the rights and interests of national minorities, legal and professional control, accounting, state control, financial control, and inspections.
Task 7: Studying and developing a legal analysis of the domestic legislation of the RA regulating the spheres of guardianship and trusteeship, judicial protection of the rights of communities, local anti-corruption policy, alienation of community property for the needs of society and the state, public participation in local self-government in the context of the amalgamation of communities, protection of the rights of youth and persons with disabilities, rights of citizens and business entities, protection of the rights and interests of national minorities, legal and professional control, accounting, state control, financial control, and inspections
- Study and develop a legal analysis of the domestic legislation of the RA regulating the spheres of guardianship and trusteeship, judicial protection of the rights of communities, local anti-corruption policy, alienation of community property for the needs of society and the state, public participation in local self- government in the context of the amalgamation of communities, protection of the rights of youth and persons with disabilities, rights of citizens and business entities, protection of the rights and interests of national minorities, legal and professional control, accounting, state control, financial control, and inspections, with particular emphasis on the powers assigned to local governments by the legislative acts regulating that sphere, legislative gaps, contradictions, and ambiguities caused by them.
Task 8: Studying and developing a legal analysis of the law-enforcement practice of local government authorities in the fields of guardianship and trusteeship, judicial protection of the rights of communities, local anti-corruption policy, alienation of community property for the needs of society and the state, public participation in local self-government in the context of the amalgamation of communities, protection of the rights of youth and persons with disabilities, rights of citizens and business entities, protection of the rights and interests of national minorities, legal and professional control, accounting, state control, financial control, and inspections.
- Analyse the legal and practical challenges faced by local government authorities in enforcing the laws and regulations governing guardianship and trusteeship, judicial protection of the rights of communities, local anti-corruption policy, alienation of community property for the needs of society and the state, public participation in local self-government in the context of the amalgamation of communities, protection of the rights of youth and persons with disabilities, rights of citizens and business entities, protection of the rights and interests of national minorities, legal and professional control, accounting, state control, financial control, and inspections.
Task 9: Development of a single comprehensive document containing all 9 sectors
- Develop legal analyses for 9 sectors in separate sections.
- Develop law enforcement analyses and main conclusions for 9 sectors in separate sections,
- Develop the conclusions made as a result of the above-mentioned analyses.
- Develop recommendations implying legislative, and law enforcement changes and additions aimed at solving the identified issues.
Task 10: Finalize the package for 9 sectors
- Discuss the package delivered within Task 9 with the MTAI and GIZ and based on the provided comments revise and finalize the documents.
- Submit the final documents to the MTAI and GIZ.

Tasks/ Deliverables can be found in Tor file attached below the announcement.

REQUIREMENTS : 

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Personnel concept
The tenderer is required to provide personnel who are suited to filling the positions described, on the basis of their CVs, the range of tasks involved, and the required qualifications.

Team leader
Tasks of the team leader
- Overall responsibility for the advisory packages of the contractor (quality and deadlines).
- Coordinating and ensuring communication with GIZ and MTAI.
- Personnel management, planning, and steering assignments.
- Regular reporting in accordance with deadlines.

Qualifications of the team leader
- University Degree in Law, Public Administration, Political Science, or a related field.
- Over 10 years of professional experience in advising state and/or donor agencies on reforms related to local self-governance, public administration, and decentralization.
- Proven track record in drafting legislative acts regulating local self-government.
- Significant experience in carrying out sectoral institutional assessments.
- Established expertise in implementing legal comparative and law enforcement analysis, particularly within the RA’s legislative context regarding local self- government.
- Demonstrated success in supporting legal analysis of national legislation that refers to local governance, including developing legal recommendations and proposing legal amendments focused on local governance.
- Excellent analytical and writing skills in Armenian, capable of producing high-quality knowledge products within tight deadlines.

Short-term expert pool with up to 3 members
For the technical assessment, an average of the qualifications of all specified members of the expert pool is calculated. Please send a CV for each pool member for the assessment.

Qualifications of the short-term expert pool
- University Degree in Law, Public Administration, Political Science, or a related field.
- A minimum of 5 years of professional experience focusing on advising state and/or donor agencies on matters of state/local governance, public administration, decentralization, or similar fields.
- Experience in the drafting of legislative acts and carrying out legal analyses related to local self-government.
- Participation in sectoral institutional assessments and familiarity with legal comparative analysis as per the domestic legislation of the RA on local self- government.
- Strong analytical and writing skills in Armenian, with the ability to meet project deadlines and produce detailed analytical reports.

Costing requirements can be found in ToR file attached below the announcement.

APPLICATION PROCEDURES : 

If you are interested in performing this work, please submit a bid in accordance with the GIZ bidding conditions described below till 30.04.2024, 17:00 (date of receipt at GIZ). Proposals received after the deadline will not be considered.

Your bid should be submitted electronically.
Electronical offer
Your bid, comprising the technical offer (company’s background, relevant experience, CVs of involved experts, rough concept with a workplan and timetable, etc.) and the price offer (signed document, calculation based on expert days must be clearly marked as such, and submitted as two separate emails. The technical offer should be in English language. Please send your bid to AM_Quotation@giz.de with the following subject line:
- For technical offer with the subject line: 83463258 Technical Offer
- For financial offer with the subject line: 83463258 Financial Offer

All documents must be submitted in PDF format. Please do not put any other recipient in copy.

Price offer
The payment will be done in local currency.
Tax and customs privileges shall apply to this procurement. Please take this into consideration while preparing your company’s offer.
The Tax Identification Number of GIZ is 02898241


Procedural questions
Please address any commercial, technical and procedural questions at an early stage. Questions will be answered if they are received at the latest two working days before the closing of the tender. Questions must be raised in writing by email only to:

Mrs. Liana Nikoghosyan
email: liana.nikoghosyan@giz.de

Non-compliance may result to your bid not being considered.

Evaluation of Offer can be found in "Call for Proposals" file attached below the announcement.

Please clearly mention in your application letter that you learned of this job opportunity through Career Center and mention the URL of its website - www.careercenter.am, Thanks.

ATTACHMENTS:

83463258ToR.pdf - ToR 83463258CallforProposals.pdf - Call for Proposals 83463258AssessmentGrid.pdf - Assessment Grid 83463258GeneralTermsOfContractAM.pdf - General Terms in Armenian 83463258GeneralTermsOfContractEN.pdf - General Terms in English