Assignment Description:
Until recently, suppliers and contractors participating in public procurement tenders in Tunisia had no recourse to independent review of complaints. In 2012, the Follow-up and Investigation Committee on Public Contracts (the Committee) was appointed as an independent review and remedies body. The Committee is charged with reviewing complaints related to breaches of the fundamental principles of procurement (transparency, equal treatment between participants and fair competition) and is responsible for monitoring compliance with norms regulating the granting of public procurement. The Committee is composed of a representative of the Prime Minister, a member of the Court of Auditors, a representative of the public services authority and a representative of the finance control authority. The Committee members are appointed by the Decree of the Prime Minister.
While the review and remedies procedures established by the new public procurement legislation in Tunisia are rather easy to follow and free of charge, it is not undertaken in a timely manner, due to the bureaucratic character and lack of judicial skills. Moreover, the deadlines for respective procedures are not controlled due to the excessive number of cases, and the small number of review body members available to deal with them. Unlike some other countries, the Tunisian review body does not have part-time members.
Until recently, suppliers and contractors participating in public procurement tenders in Tunisia had no recourse to independent review of complaints. In 2012, the Follow-up and Investigation Committee on Public Contracts (the Committee) was appointed as an independent review and remedies body. The Committee is charged with reviewing complaints related to breaches of the fundamental principles of procurement (transparency, equal treatment between participants and fair competition) and is responsible for monitoring compliance with norms regulating the granting of public procurement. The Committee is composed of a representative of the Prime Minister, a member of the Court of Auditors, a representative of the public services authority and a representative of the finance control authority. The Committee members are appointed by the Decree of the Prime Minister.
While the review and remedies procedures established by the new public procurement legislation in Tunisia are rather easy to follow and free of charge, it is not undertaken in a timely manner, due to the bureaucratic character and lack of judicial skills. Moreover, the deadlines for respective procedures are not controlled due to the excessive number of cases, and the small number of review body members available to deal with them. Unlike some other countries, the Tunisian review body does not have part-time members.
The Government of Tunisia has established a team within the High Authority for Public Procurement to strengthen the Committee. The European Bank for Reconstruction and Development (EBRD or the Bank) has been conducting dialogue with this body, together with the administration of the Committee, on the new review mechanism and the institutional requirements of the Committee. It is considered that Committee members do not possess sufficient expertise to review complaints from private sector suppliers at an optimum level. Proper institutional capacity is critical to the success of the review body, and to ensure an independent and efficient review system.
The EBRD Legal Transition Programme has a successful record of carrying out public procurement review bodies capacity building activities and developed a manual for members of public procurement review tribunals (the EBRD Handbook for Members of Public Procurement Review Bodies).
The EBRD is working with the Government of Tunisia to provide tribunal training directly to the Committee members. The training sessions will focus on key public procurement review principles and essential tribunal skills and capacities for conducting review of complaints related to public tenders. In addition, the training programme will include an awareness raising training programme which would enable Committee members to conduct training sessions about new review and remedies procedures in the regions in Tunisia.
The selected Consultant is expected to provide the following services:
• Conduct an assessment of the specific training needs of the Committee members;
• Design a targeted training programme covering key judicial-tribunal skills and commercial practices essential for fair and effective review of public procurement procedures and complaints;
• Review the proposed programme with the High Authority for Public Procurement to ensure it meets identified issues;
• Deliver training sessions to the Committee members;
• Deliver training sessions for contracting entities and suppliers in 4 regional towns in Tunisia; and
• an evaluation and feedback session with the High Authority for Public Procurement to evaluate success and consider any required modifications.
• Conduct an assessment of the specific training needs of the Committee members;
• Design a targeted training programme covering key judicial-tribunal skills and commercial practices essential for fair and effective review of public procurement procedures and complaints;
• Review the proposed programme with the High Authority for Public Procurement to ensure it meets identified issues;
• Deliver training sessions to the Committee members;
• Deliver training sessions for contracting entities and suppliers in 4 regional towns in Tunisia; and
• an evaluation and feedback session with the High Authority for Public Procurement to evaluate success and consider any required modifications.
Consultant Profile: Corporate services are required. The Consultant shall be a firm or a group of firms with previous project experience in public procurement remedies procedures, tribunal capacity building and relevant experience in cooperating with governments as well as IFIs, preferably with the capacity to work in French and Arabic languages. The Consultant’s expert team is expected to include the following key experts:
- International expert with preferably 7 years of previous project experience in public procurement remedies procedures;
- Two (2) International tribunal capacity building experts, each with preferably 7 years of experience serving as review body members;
- Local legal expert with previous project experience in Tunisian law and knowledge of the local context for liaising with the Assignment counterparts; and
- Training consultant with experience in developing and delivering training programmes for judges and tribunal members in public procurement to organise all logistics for training sessions, according to training plan agreed with the Government of Tunisia.
The Consultant shall work in English during the Assignment. Additionally, a knowledge of working in French and Arabic languages is preferable. All outputs of the Assignment are required to be made available in both English and French.
HOW TO APPLY:
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