Consulting Services: International Individual Consultant - Capacity Building for the Anti-Corruption Agency (“ACA”) Staff in Investigating Procurement Fraud and Corruption

World Bank

Published

03 May 2013

Deadline

03 May 2013, 00:00 · closed

Stage

Tender

Status

Closed

Buyer

World Bank

Funder

World Bank

Project

P131030 · Enhancing the Implementation of Public Procurement in Kosovo IDF Grant

Notice type

Request for Expression of Interest

Procurement method

Consultant Qualification Selection

Reference

P131030

Buyer: World Bank — see their procurement performance.

Request for Expression of InterestRepublicof KosovoEnhancing the Implementation of Public Procurement Project(IDF Grant No. TF013655)Consulting Services: International Individual Consultant - Capacity Building for the Anti-CorruptionAgency ("ACA") Staff in Investigating Procurement Fraud and CorruptionGENERAL HISTORICAL BACKGROUNDThe Anti-Corruption Agency (ACA) in Kosovo is an independent institution founded in July2006. 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 haschanged.The following lawsare currently in force: Law no. 03/L-159 on the ACA, Law no. 04/L-050on the Declaration, Origin and Control of Property of Senior Public Officials and on the Declaration, Origin and Control of Gifts of PublicOfficials 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 receivinggifts while engaging in official duties, oversight of assets and of persons who are in close relationships, and restrictions with regard tocontracting 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 andcorruption in public procurement.The purpose of thegrant 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, theAnti-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 RESPONSIBILITIESAn international consultant will be engaged for a maximum of 200 days of work that will be done within 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 and managed by the ACA. 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 - GeneralThe 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 - SpecificDuring the initialphase of the work, the consultant will work with assigned staff of the ACA to carry out a rapid assessment of the ACA training and capacitybuilding needs and present a plan for addressing shortages over a twoyear period. The plan should be in line with available resources and include reasonable, detailed suggestions for strengthening the operational capacities of the ACA, including budgetary and staffing needs. This plan should form the central pillar of the consultants' Inception Report.On acceptance of amutually agreed capacity building plan, the consultant will provide assistance at intervals agreed with the ACA. Materials on specific topics for training will be prepared in close cooperation with the ACA, bearing in mind the specific needs of ACA officials with regard to training, using international experience, methods and best practice for investigating fraud and the falsification of documents in public procurement. Some of the topics proposed by the ACA for the training of its staff include:1. Capacity building of ACA officers for early identification of violations in public procurement for the purpose of preventing them.2. Provide expertise for ACA officersregarding the national legislation in public procurement.3. Identification and evaluation of risk in public procurement.4. Best international practice for the investigation of corruption in procurement.5. Advanced practices for the investigation of falsified documents in public procurement.6. The methods or manner of finding sufficient evidence/or documentation to enable the filing of criminal charges.7. Presentation of investigated cases.Preparing training material in English and AlbanianTraining 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 trainingevents and at least one major workshop.Advising ACA officialsPractical advice will be provided regarding specific instances of fraud and possible corruption in procurement without intervening in their roles.SELECTION CRITERIACompetencesProcurement principles - depth of knowledge of the principles, regulations, public procurement systems and access to international procurement with proven ability to provide well-researched independent analysis of issues and complex problems of procurement:Deep knowledge of the field of investigating fraud and corruption in public procurementGroup work (cooperation) and inclusion shows leadership by ensuring that the team remains organized and focused and actively seeks and takes into consideration different ideas and approaches:Knowledge, learning andcommunication - leads by providing best practices, trends, knowledge,articulating ideas in writing and orally in a clear and convincing manner to audiences at different levels:Responsive to the needsof an organization in the development and good knowledge of ITSelection criteria:Consultant qualifications and selection requirements:At least 7 years experience in procurement systems, with at least3 years experience in investigating and preventing fraud and corruption in public procurement.Knowledge regarding theinvestigation and prevention of fraud and corruption in the European/international public procurement sector.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.A degree is required inlaw, economic, social science or other relevant fields.It is preferable to have a particular specialization with regard to the investigation of fraud and corruption in public procurement.The appointment duration is 200 days over a period of two years.The consultant will report to the ACA management through a project coordinator who is from the ACA.A working knowledge of the Albanian language would be useful.Selection process:Individual Consultant will be selected based on:- Master degree in relevant field /Qualifications of the Consultant (30%)- Specific experience in the investigation and prevention of fraud and corruption in theEuropean/international public procurement sector. (40%)- Experience in Understanding the functioning of the procurement system in a regionalcontext, with particular emphasis on the functioning of the procurement system in theRepublic of Kosovo. (30%)Consultant will be selected inaccordance 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 theirExpression of interest, together with information on relevant experience and CV by email or to the contact address stated below by 20 May 2013.Central Procurement AgencyBehram Abazi, Director of Department for Special ProjectsAddress: Germia Building 5th floor; room A 504, Mother Teresa St. Pristine, Republic of KosovoTel: +381/(0)38 213 056E-mail: Behram.Abazi@rks-gov.netWeb site: www.aqp.rks-gov.net