ANNEX I
ETHIOPIA
TERM OF REFERENCE (ToR)
FOR THE RECRUITMENT OF INDIVIDUAL CONSULTANT (IC)
GENERAL INFORMAION
Services/Work Description:
Project/Program Title:
Post Title:
Consultant Level:
Duty Station:
Expected Places of Travel:
Dolo Ado or Gambella)
Duration:
Expected Start Date:
Legal Expert
Resident Coordinator’s Office
National Consultant
At least Level B (Specialist)
Addis Ababa
Limited travel within Ethiopia (up to 20-25 days to a location such as Jijiga,
225 calendar days (until 31 December 2014)
15 May 2014 / Immediately after Concluding Contract Agreement
I. BACKGROUND / PROJECT DESCRIPTION
Under the overall leadership and guidance of the United Nations Country Team (UNCT), the Operations
Management Team (OMT) endeavors to facilitate the implementation of the UN Delivering as One (DaO) by
harmonizing operational policies of UN bodies, agencies, funds and programmes in Ethiopia. Moreover, the
OMT proposes and implements inter-agency initiatives to ensure quality of support to programme delivery,
while utilizing resources effectively.
In this context, the OMT has been supporting the UNCT in identifying and resolving the legal issues
pertaining to the privileges and immunities of the UN agencies, assets and staff.
Currently, each UN agency working in Ethiopia has an individual host country agreement, a legal document
governing the relationship between the respective agency and the host government. However, most of these
agreements are outdated, and there is a pressing need to improve the working relations with the host
government through better linkages and flow of information.
To this end, a double-track strategy will be adopted by the OMT:

Support the UNCT in drafting a new agreement, and negotiating it with the government. This
agreement is meant to supplement the existing host country agreements of the UN agencies. While
drafting this supplemental agreement, compliance to international agreements and conventions on
UN’s privileges and immunities will be observed, as well as treatment received by other similar
international organizations including the Africa Union. This supplemental agreement is expected to
offer improvements in the fields of customs, VAT, visa issues, and import and use of IT equipment.
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Provide sensitization to relevant federal and regional officials and government agencies (including
customs and immigration, law enforcement and judiciary) on the UN’s mandate, working methods
and existing privileges and immunities to prevent infringements. This activity will involve the
preparation of the relevant background documents based on the UN’s host country agreements, and
their translation for distribution to local authorities.
To facilitate the implementation of these activities, the OMT will hire a legal expert as a consultant.
II. SCOPE OF THE WORK
The Operations Management Team (OMT) will engage the services of a national service provider (referred to
as “consultant” hereafter) with experience in legal affairs (particularly pertaining to the UN’s privileges and
immunities), to undertake the following tasks.
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Promotion of a better understanding among government counterparts of the UN’s objectives and
work,
Creation of a framework of cooperation between UN agencies and the host government to resolve
identified operational and legal issues,
Identification of areas of improvement and legal challenges, together with recommendations for their
effective resolution, including better linkages between UN agencies and federal and regional
government(s), and relevant government agencies (customs, revenue and immigration departments,
etc.), and
Liaise with relevant UNCT and OMT working groups to ensure that legal concerns on the areas of
infrastructure and technology and human resources are included in the discussions with the
government.
III. EXPECTED OUTPUTS AND DELIVERABLES
The detailed duties and responsibilities of the Consultant are as follows:
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Work with UN agencies working in Ethiopia to identify operational issues and legal challenges faced
during delivery of assistance, draw recommendations for better delivery of services, and provide the
OMT and UNCT with proposals on resolving identified issues.
Support the OMT Legal Working Group with taking stock of pending legal issues and infringements of
existing host country agreements.
Work with the OMT to identify the disparities between existing host country agreements of UN
agencies, and finalize a draft/template supplemental host country agreement, addressing the
priorities and issues identified by the UN agencies.
Provide updates and reports on the activities undertaken on regular basis, and participate in relevant
OMT and OMT Working Group meetings. Work with the OMT Working Group on Host Country
Agreement in seeking ways to sustain and further improve the relationship and information sharing
with the host government.
Support organization of forums to sensitize government officials on the UN’s mandate, working
methods and privileges and immunities.
Provide administrative and technical support for the organization of any forums, meetings and
discussions with the host government.
On behalf of OMT, follow up with the host government on meetings and discussions to ensure
sensitization of relevant government officials and finalization of UN agencies’ supplemental host
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country agreements. Support preparation of relevant background documents, and their translation to
to local languages.
No.
Deliverables / Outputs
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The consultant will engage the OMT and UN agencies
to identify the pertinent host country issues, including
legal and operational challenges to the delivery of the
UN’s development and humanitarian assistance.
Estimated
Duration to
Complete
May and June
2014
Review and
Approvals Required
OMT Chairperson
The consultant will prepare a report on identified
issues and recommendations, and a draft
supplemental agreement for the UN agencies, and
provide to the OMT and UNCT for discussion.
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The consultant will prepare draft background
documents for the federal and regional government
agencies on the UN’s mandate, working methods and
privileges and immunities. These will be shared with
the OMT for review and endorsement.
The consultant will finalize the draft supplemental
agreement as well as the background documents for
the government agencies and officials based on the
feedback from the UN agencies. The consultant will
support translation of these documents to Amharic.
The consultant will prepare for the sensitization
session(s) for federal and regional government
agencies, including handling the administrative and
logistics arrangements.
The consultant will organize, together with the OMT, a
sensitization session for the relevant federal and
regional government agencies. The consultant will
provide the RCO with a back-up of all the relevant
documents, presentations and training materials for
archive purposes.
June to November
2014
OMT Chairperson
June to December
2014
OMT Chairperson
IV. INSTITUTIONAL ARRANGEMENT / REPORTING RELATIONSHIPS
The consultant will report to the OMT Chairpersons through the Common Operations Specialist in the UN
Resident Coordinator’s Office. UNECA and UNOCHA, as the OMT Host Country Agreement Working Group
Chairpersons, will assume the responsibility of supervising the work of the consultant in implementing the
deliverables included in this Terms of Reference (ToR).
The consultant will not provide any substantive or operational information regarding UN’s operations activities
to third parties without the written consent of UNCT.
This consultancy will be administrated by the United Nations Development Programme (UNDP), and all
relevant UNDP rules, policies and procedures will apply.
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V. LOGISTICS AND ADMINISTRATIVE SUPPORT TO PROSPECT IC (if any)
UNDP/RCO will ensure that the consultant receives access to the UN premises in Addis Ababa, Ethiopia. When
required, the consultant will be provided with workspace and phone/internet access within UNDP and/or
UNECA.
VI. DURATION OF THE WORK1
As per this Terms of Reference, the consultancy should conclude by end of 2014. However, a short extension
may be provided in extra-ordinary cases at no additional cost to allow the consultant to finalize certain
reports and documents with agencies’ feedback.
VII. QUALIFICATIONS OF THE SUCCESSFUL INDIVIDUAL CONTRACTOR (IC)
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EDUCATION: Master’s degree in law or a relevant field, with experience in Ethiopian law.
WORK EXPERIENCE:
o Minimum of 5 years of experience working on legal issues in Ethiopia, including familiarity with
the UN’s mandate, working methods, and privileges and immunities.
o Experience working with various government agencies on legal issues, including federal
departments such as customs and immigration, as well as federal and regional law enforcement
and judiciary authorities. Familiarity with holding capacity development courses for such entities
preferred.
o Experience working in Ethiopia or in a similar country for an international organization such as a
UN agency.
LANGUAGES: Excellent knowledge of English and working knowledge of Amharic.
PROFESSIONAL COMPETENCIES:
o Professionalism: Knowledge and understanding of UN’s operational context in Ethiopia,
particularly in the fields of common services, joint premises and UN’s privileges and immunities.
Ability to identify key procedures and issues, conduct data collection, operational analyses and
discussions with decision-makers to propose solutions to these issues. Ability to apply sound
judgment in the context of assignments given, and work under pressure. Shows persistence and
remains calm in stressful situations. Shows pride in work and achievements, demonstrates
professional competence and mastery of the subject matter. Responds positively to feedback and
different points of view. Conscientious and efficient in meeting commitments, observing deadlines
and achieving results.
o Planning and Organizing: Develops clear goals that are consistent with the terms defined here.
Identifies priority activities and assignments, and adjusts them as required. Allocates appropriate
time and resources for completing work by foreseeing risks and developing contingency plans
accordingly. Monitors and adjusts plans as necessary, and uses time effectively.
o Communications: Speaks and writes clearly and effectively; listens to others, correctly interprets
messages from others and responds appropriately; asks questions to clarify, and exhibits interest
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The IC modality is expected to be used only for short-term consultancy engagements. If the duration of the IC for the same TOR
exceeds twelve (12) months, the duration must be justified and be subjected to the approval of the Director of the Regional Bureau,
or a different contract modality must be considered. This policy applies regardless of the delegated procurement authority of the
Head of the Business Unit.
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in having two-way communication; tailors language, tone, style and format to match audience.
Keeps confidential information undisclosed.
o Accountability: Takes ownership of responsibilities and honors commitments. Delivers assigned
tasks within prescribed time, cost and quality standards. Operates in compliance with
organizational regulations and rules. Takes personal responsibility for his/her shortcomings.
FUNCTIONAL COMPETENCIES:
o Expertise in operational and legal activities required to ensure high-quality and cost-effective
delivery of UN’s development and humanitarian assistance, particularly within the context of
Ethiopia.
o Knowledge of UN’s context in Ethiopia, and the Ethiopian law, particularly to facilitate better
linkages and communications with the host government.
COMPLIANCE WITH UN CORE VALUES:
o Demonstrates integrity by modelling the UN’s values and ethical standards ;
o Promotes the vision, mission, and strategic goals of UNDP ;
o Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
o Treats all people fairly without favouritism;
o Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.
Important Note:
The Consultant is required to have the above professional and technical qualifications. Only the
applicants who hold these qualifications will be shortlisted and contacted.
VIII. CRITERIA FOR SELECTING THE BEST OFFER
Upon the advertisement of the Procurement Notice, qualified Individual Consultant is expected to submit both
the Technical and Financial Proposals. Accordingly; Individual Consultants will be evaluated based on
Cumulative Analysis as per the following scenario:
 Responsive/compliant/acceptable, and
 Having received the highest score out of a pre-determined set of weighted technical and financial
criteria specific to the solicitation. In this regard, the respective weight of the proposals are:
a. Technical Criteria weight is 70%
b. Financial Criteria weight is 30%
Criteria
Technical Competence (based on CV, Proposal and interview (if
required)
 Criteria a. Master’s degree in law or a relevant field. Knowledge of
privileges and immunities of international organizations an
advantage.
Weight
70%
Max. Point
100
15%
15

Criteria b. At least 5 years of experience working with various
government agencies on legal issues, including federal departments
such as customs and immigration, as well as federal and regional
law enforcement and judiciary authorities. Familiarity with holding
capacity development courses for such entities preferred.
15%
15

Criteria c. Experience working in Ethiopia or in a similar country for
an international organization such as a UN agency, particularly in a
capacity development related area.
15%
15
5

Criteria d. Understanding of the work and methodology
30%
30

Criteria e. Individual Competencies (if interview is needed)
25%
25
Financial (Lower Offer/Offer*100)
30%
Total Score
Technical Score * 70% + Financial Score * 30%
30
IX. PAYMENT MILESTONES AND AUTHORITY
The qualified consultant shall receive his/her lump sum service fees upon certification of the completed tasks
satisfactorily, as per the following payment schedule:
Installment of
Payment/ Period
1st Installment
Deliverables or Documents to be
Delivered
The consultant will engage the OMT and
UN agencies to identify the pertinent host
country issues, including legal and
operational challenges to the delivery of
the UN’s development and humanitarian
assistance.
Approval should be
obtained
OMT Chairpersons
Percentage
of Payment
40%
OMT Chairpersons
20%
The consultant will prepare a report on
identified issues and recommendations,
and a draft supplemental agreement for
the UN agencies, and provide to the OMT
and UNCT for discussion.
The consultant will prepare draft
background documents for the federal
and regional government agencies on the
UN’s mandate, working methods and
privileges and immunities. These will be
shared with the OMT for review and
endorsement.
2nd Installment
The consultant will finalize the draft
supplemental agreement as well as the
background
documents
for
the
government agencies and officials based
on the feedback from the UN agencies.
The consultant will support translation of
these documents to Amharic.
The consultant will prepare for the
sensitization session(s) for federal and
regional government agencies, including
handling the administrative and logistics
arrangements.
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Installment of
Payment/ Period
3rd Installment
Deliverables or Documents to be
Delivered
The consultant will organize, together with
the OMT, a sensitization session for the
relevant federal and regional government
agencies. The consultant will provide the
RCO with a back-up of all the relevant
documents, presentations and training
materials for archive purposes.
Approval should be
obtained
OMT Chairpersons
Percentage
of Payment
40%
X. RECOMMENDED PRESENTATION OF TECHNICAL PROPOSAL
For purposes of generating proposals whose contents are uniformly presented and to facilitate their
comparative review, you are hereby given a template of the Table of Content. Accordingly; your Technical
Proposal document must have at least the following preferred content and shall follow its respective
format/sequencing as follows.
Proposed Table of Contents
Page
TECHNICAL PROPOSAL COVER PAGES
Cover Page (use the template hereto)
Cover Letter (use the template hereto)
Statement of Declaration (use the template hereto)
SECTION I. TECHNICAL PROPOSAL SUBMISSION FORM
1.1 Letter of Motivation
1.2 Proposed Methodology
1.3 Past Experience in Similar Consultancy and/or Projects
1.4 Implementation Timelines
1.5 List of Personal Referees
1.6 Bank Reference
SECTION II. ANNEXES
Annex a. Duly Signed Offeror’s Letter to UNDP Confirming Interest and Availability (use the template hereto)
Annex b. Duly Signed Personal CV’s
Documentation Checklist (please refer to the checklist attached hereto)
XI. CONFIDENTIALITY AND PROPRIETARY INTERESTS
 The Individual Consultant shall not either during the term or after termination of the assignment,
disclose any proprietary or confidential information related to the consultancy service without prior
written consent. Proprietary interests on all materials and documents prepared by the consultants
under the assignment shall become and remain properties of UNDP.
This TOR is approved by: [indicate name of Approving Manager]
Signature:
________________________
Name and Designation:
________________________
Date of Signing:
________________________
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