Republic of Kosovo
Enhancing the Implementation of Public Procurement Project
(IDF Grant No. TF013655)
Consulting Services: National Individual Consultant - Capacity Building for the Anti-Corruption Agency (“ACA”) Staff in Investigating Procurement Fraud and Corruption
GENERAL HISTORICAL BACKGROUND
The Anti-Corruption Agency (ACA) in Kosovo is an independent institution founded in July 2006. It began its operation on February 12, 2007. The legal basis for the establishment of the Agency was the Law against Corruption (2004/34), which defined its responsibilities and areas of operation. Since then, the legal basis of the ACA has changed.
The following laws are currently in force: Law no. 03/L-159 on the ACA, Law no. 04/L-050 on the Declaration, Origin and Control of Property of Senior Public Officials and on the Declaration, Origin and Control of Gifts of Public Officials and Law No. 04/L-051 on the Prevention of Conflicts of Interest in the Discharge of Public Functions. The Agency's mandate is focused on uncovering and researching corruption cases, efforts to prevent and combat corruption and to raise awareness in public opinion about the goal of building a healthy society based on a just state.
The current legislation against corruption on the basis of which the ACA engages in its activities, provides for measures against corruption within the area of operation outlined in the Strategy and Action Plan against Corruption, and especially with regard to the preliminary investigation of corruption, analysis and elimination of the causes of corruption, incompatibilities between holding public office and engaging in profit-making activities for public officials, restrictions with regard to receiving gifts while engaging in official duties, oversight of assets and of persons who are in close relationships, and restrictions with regard to contracting parties participating in public tenders.
A very important aspect which is under the ACA's jurisdiction is the prevention and combating of corruption in public procurement, which is a relatively new field in Kosovo and is also new for ACA officials. It is a major challenge for the institutions and officials or other actors who are involved in this very sensitive area because through the process of procurement/tendering, the Kosovo institutions spend millions of Euros of the Kosovar taxpayer, and there are numerous opportunities for abuse and corruption.
The World Bank is financing a program to build public procurement capacities in Kosovo. The focus of this program is to advance and improve the management of public finances, to build capacities and professional skills of all officials involved in this field in every aspect. It assists key Kosovo institutions such as: the Anti-Corruption Agency, the Public Procurement Regulatory Committee (PPRC) and the Central Procurement Agency in the preparation of a multi-year strategy for procurement and implementing procurement, building capacities of officials in government procurement agencies, as well as building capacities to investigate fraud and corruption in public procurement.
The purpose of the grant is to assist the Government in improving the monitoring of compliance with procurement law, corruption and fraud investigations as well as the capacity to audit the procurement of public contracts in Kosovo. Funds will be offered to three main beneficiaries - the PPRC, the Anti-Corruption Agency and the Office of the Auditor General (OAG). This assignment is associated with the ACA's work.
As an independent and leading institution in the implementation of anti-corruption policy and strategy, the ACA pays special attention to the issue of procurement, by acting in two ways: a) preventing cases of corruption in the initial phases of procurement, and b) investigating corruption cases that have occurred, and filing criminal charges for cases of suspected corruption.
DUTIES AND RESPONSIBILITIES
A local consultant will be engaged for 500 days work over a two year period. The timing of inputs will be by mutual consent between the ACA and the consultant. The work of the consultant will be directed by the ACA and guided by an International Consultant hired under separate TORs. The ACA will provide the required support to enable the consultant to perform the assigned duties, such as provision of documents etc.
The goal of this program is to provide assistance to the ACA for preventing and combating corruption in public procurement and for building the capacities of ACA officials to improve the quality of investigation of cases of fraud and corruption in public procurement. ACA officials will then be able to use advanced investigative methods and strategies against corruption in procurement.
Activities - General
The consultant will provide support for the Anti-Corruption Agency in developing capacities for the prevention and investigation of corruption cases that occur in procurement. Building capacities and analyzing an effective and sustainable approach to the prevention and investigation of corruption in procurement systems within Kosovo.
Activities - Specific
During the initial phase of the work, the consultant will assist the ACA and the International Consultant in the assessment of the ACA training and capacity building needs.
Thereafter, the consultant will work closely with the International Consultant according to the approved capacity building plan in order to achieve the mutually agreed goals. This work will include multiple tasks that need to be completed in the absence of the International Consultant, and so it will be necessary for the Local Consultant to report on progress on a monthly basis to the ACA with copies in English to International Consultant and the Bank.
Preparing training material in English and Albanian
Training material for ACA staff will be prepared in cooperation with the ACA Director and the Directors of departments.
ACA staff will be trained to investigate fraud and corruption in public procurement.
In cooperation with the ACA Director and directors of departments, the basic skills of officials who deal with the investigation and prevention of corruption in public procurement, will be evaluated.
Each year the consultants should work with the ACA to prepare a series of small training events and at least one major workshop.
Advising ACA officials
Practical advice will be provided regarding specific instances of fraud and possible corruption in procurement without intervening in their roles.
Main competences to be considered:
• Should have experience as a practitioner of public procurement duties in Kosovo government organizations, institutions, municipalities or related government departments.
• Have firsthand knowledge of Kosovo public procurement law, the associated regulations, rules and guidelines.
• Procurement principles – have good knowledge of the general principles and regulations of public procurement systems and international procurement methods.
• Have the ability to prepare independent analysis of procurement issues and identify associated problems of procurement, financial, economic, and legal considerations:
• Knowledge of how to investigate fraud and corruption in public procurement
• Group work (cooperation) and inclusion – shows leadership by ensuring that the team remains organized and focused. Actively promote different ideas and approaches to procurement problems:
• Knowledge, learning and communication - leads by providing best practices, trends, knowledge, articulating ideas in writing and orally in a clear and convincing manner, to audiences at different levels:
• If required, assist an organization in the development of its IT requirements for procurement activities.
Consultant qualifications and selection requirements:
• Have at least 2 years hands-on experience in procurement systems.
• Understand how to investigate and preventing fraud and corruption in public procurement.
• Knowledge regarding the investigation and prevention of fraud and corruption in the European / international public procurement sector will be appreciated.
• Understanding of the functioning of the procurement system in a regional context, with particular emphasis on the practical application of the procurement system in the Republic of Kosovo.
• Kosovo procurement certificate is required, or a degree in procurement, law, economic, social science, scientific, engineering, or other relevant fields.
• The appointment duration is 500 days over a period of two years.
• The consultant will report to the ACA management through a project coordinator who is from the ACA.
• Should have a high standard of fluency in both written and oral Albanian and
Individual Consultant will be selected based on:
- Qualifications of the Consultant (30%)
- Specific Experience in Understanding the functioning of the procurement system in a
regional context, with particular emphasis on the functioning of the procurement
system in the Republic of Kosovo. (40 %)
- Specific Experience as a practitioner of public procurement duties in Kosovo
government organizations, institutions, municipalities or related government
departments (30 %)
Consultant will be selected in accordance with the procedures set out in the World Bank's Guidelines: Selection and Employment of Consultants by World Bank Borrowers, published by the Bank in January 2011, based on Selection of Individual Consultants (IC) method.
Interested and eligible Individual Consultants may submit their Expression of interest, together with information on relevant experience and CV by email or to the contact address stated below by 18 November 2013
Central Procurement Agency
Behram Abazi, Director of Department for Special Projects
Address: Germia Building 5th floor; room A 504, Mother Teresa St. Pristine, Republic of Kosovo
Tel: +381/(0)38 213 056
Web site: www.aqp.rks-gov.net