TERMS OF REFERENCE (TOR) FOR CONSULTANT

                                                         GENERAL INFORMATION

Services/Work Description:      Provision of efficient procurement services to the Post-TRRC Unit

Employer:                                 Ministry of Justice

Contract Type:                          Individual Consultant

Duration:                                   9 months

Expected Start Date:                 March 2024

1. BACKGROUND

The Truth, Reconciliation and Reparations Commission (TRRC) was established in December 2017 through an Act of National Assembly, with a mandate to investigate human rights violations that occurred between July 1994 and January 2017. The Commission was given broad powers to gather evidence, hear testimony from witnesses and victims, and recommend measures to address the legacy of past abuses. The TRRC was also mandated to promote reconciliation and healing, and to make recommendations for reparations for victims and their families.

In November 2021, the TRRC submitted its final report to the Government, which included a wide range of findings and 265 recommendations geared towards addressing the legacy of past human rights violations. The TRRC recommendations include measures to ensure accountability, promote reconciliation and healing, and provide reparations for victims and their families. The recommendations include institutional reforms to strengthen the rule of law, enhance human rights protections, and ensure that state security agencies are accountable to the public. The TRRC also recommended the establishment of a reparations fund to provide financial and other forms of assistance to victims and their families.

The Government of The Gambia has committed in its White Paper on the TRRC recommendations to implement 263 of the TRRC recommendations, and in May 2023, developed an Implementation Plan to guide the process. The Implementation Plan aims to ensure that the TRRC’s recommendations are fully and effectively implemented, in a manner that is transparent, inclusive, and accountable. The Plan outlines the steps that the Government will take to implement the various recommendations and identifies the key stakeholders responsible for implementing them.

The Ministry of Justice has set up a Post TRRC Unit (PTU) that will be housed within the Ministry of Justice to serve as a Secretariat to the Steering Committee responsible for coordinating the implementation of the recommendations.

2. OBJECTIVES

The objectives of this Consultancy is to ensure quality and efficient procurement and contract management services for the Post TRRC Unit (PTU), as the Secretariat of the Steering Committee on the Implementation Plan. The Consultant will also provide training and capacity building of the PTU, as well as the Ministry of Justice procurement staff.

3. SCOPE OF THE WORK

The Ministry of Justice and Attorney General’s Chambers seeks the services of a Consultant to provide hands-on assistance in performing the following procurement and contract management activities:

• Review all available procurement documents to facilitate the establishment of procurement procedures for the management and implementation of all procurement related activities of the PTU.
• Strengthen the procurement management system of the Ministry of Justice.
• Preparation of Requests for Bids and Requests for Proposals based on the GPP Act, and GPPA rules and regulations.
• Conducting proper communication with bidders, including drafting responses to bidders’ inquiries, debriefing, addressing bidders’ complaints.

• Assisting the Ministry on conducting bid/proposal opening sessions, bid/proposal evaluation, technical and commercial evaluation of bids and proposals, preparing Bid/Proposal Evaluation Reports with recommendations for contract awards.
• Assisting in negotiating finalizing and monitoring contracts with winning bidders/consultants.
• Managing, negotiating, preparing and obtaining approvals for variation orders and contract amendments.
• Sourcing and procuring of office materials, equipment, vehicles and support facilities in compliance with standard procurement procedures.
• Maintaining procurement filing system to ensure proper record keeping of all procurement-related documentation/records and their availability for the review by the PTU, MOJ, UN and other partners.
• Ensure timely receipt of the goods and consultant's status reports, confirming acceptability of the goods delivered, and also acceptability of consultants reports as reviewed, and recommending payments to the service providers as they become due.
• Provide advice, mentoring, coaching and providing on-the-job training for relevant staff and for the and advise them to plan and execute all stages of the procurement cycle in accordance with the GPPA rules and regulations and standard procurement procedures.

4. EXPECTED OUTPUTS AND DELIVERABLES

5. INSTITUTIONAL ARRANGEMENT / REPORTING RELATIONSHIPS  

The selected Consultant will report to and submit deliverables to the Special Adviser on Transitional Justice, who would provide guidance and assess the quality of the deliverables together with the Deputy Permanent Secretary. The Consultant will be required to work closely with the Ministry of Justice Procurement Unit.

6. DURATION OF THE WORK  

The duration of this contract is for 9 months, from March to November 2024.

7. QUALIFICATIONS REQUIRED

• Academic Qualifications
  • A bachelor’s degree in or post high-school certificate with fifteen years of relevant experience.
• Professional experience
• Ten years professional experience in public procurement practices and procedures, either as Procurement Specialist or Procurement Manager or Procurement Consultant.
• Substantial experience engaging with and collaborating with government, civil society, private sector and development partners.
• Experience engaging with the UN system is desirable.
• Membership in a recognized procurement-related institute would be an added advantage.
• •  
  • Working with People
  • Drive for Results
• Language and other skills
• Strong knowledge of English, including the ability to present clearly and concisely ideas and concepts in written and oral form.
• Capacity to communicate fluently with different stakeholders, and
• Computer skills: full command of Microsoft applications (word, excel, PowerPoint) and common internet applications will be required.

Important Note:

Applicants are required to have the following professional and technical qualifications and only those who hold these qualifications will be shortlisted and contacted. Women, young people and/or Persons with Disabilities are strongly encouraged to apply.

8. CRITERIA FOR SELECTING THE BEST OFFER

Upon the advertisement of the Procurement Notice, any qualified and interested person must submit a Technical and Financial Proposal. The Technical proposal must include a motivational letter and CV. The motivational letter should provide details on why the applicant believes they are most qualified for this role.

The Financial proposal should include the individual’s all-inclusive daily rate in GMD.

Applicants 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:
  • Technical Criteria weight is 70%
  • Financial Criteria weight is 30%

9. EVALUATION METHODOLOGY

Contract award shall be made to the applicant whose offer has been evaluated and determined as:

• responsive/compliant/acceptable, and
• having received the cumulative highest score out of a predetermined set of weighted technical and financial criteria specific to the solicitation.

Only candidates obtaining a minimum of 70% from the maximum available technical score (70 points) would be considered for the Financial Evaluation. The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will be equal to 30. The proposal obtaining the overall cumulatively highest score after adding the score of the technical criteria and the financial proposal will be considered as the most compliant offer.

10. PAYMENT AUTHORITY

The qualified consultant shall receive his/her payment upon certification of the completed tasks as satisfactory by the Special Adviser, as per the following payment schedule:

11. CONFIDENTIALITY AND PROPRIETARY INTERESTS

The 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 the Attorney Generals Chambers & the Ministry of Justice.

12. HOW TO APPLY AND ANNEXES TO THE TOR

Interested individuals are to submit two documents, a Technical and a Financial proposal to posttrrc@moj.gov.gm no later than 1 March 2024. Please read section 8 of this ToR for details of what to include in the Technical and Financial proposal.

Interested individuals are encouraged to read the Government’s White Paper on the TRRC recommendations, and its subsequent Implementation Plan, both available for download here: https://www.moj.gm/downloads

This TOR is approved by:

Signature:   IDA PERSSON

Date:         13/02/2024           

Name and Designation: Ida Persson, Special Adviser to the Minister of Justice on Transitional Justice