SPECIFIC TERMS OF REFERENCE

FWC Commission 2009 – Lot n° 1

REQUEST FOR OFFER N°7

Support to the establishment of the regulatory and institutional framework for fighting against corruption linked to proliferation

  1. BACKGROUND

The EU Strategy against the Proliferation of Weapons of Mass destruction[1] calls upon the EU to address WMD and missile proliferation with "all instruments and policies at its disposal", as multiple threats exist in this area. Weapons scientists and engineers no longer required in state programmes could be enticed into covert activity in proliferating states. The existence of poorly protected storage facilities for chemical, biological, radiological and nuclear (CBRN) agents and materials also makes it essential to strengthen site security. Trafficking in CBRN materials is regarded as a significant potential threat.

The new Instrument for Stability (IfS)[2],which was created as part of the reform of the Community external financing instruments in 2006, has been designed to provide the Union with a strategic tool to address a number of global security challenges that are, in addition to sources of insecurity for states and their citizens, as many impediments to development.

One of the objectives of this instrument consists in developinglonger-term Community actions to counter global and trans-regional threats arising from organised crime, trafficking, proliferation of nuclear, biological and chemical agents and also threats to critical infrastructure and public health, while at the same time contributing to broader Community development and external policy objectives.

Experience has shown that Community programmes can play an important role in the area of non-proliferation. In the course of its cooperation with Russia and other CIS countries, and through the enlargement process, the Community has acquired considerable experience in combating the trafficking of illicit nuclear material. It is clear however that in the field of the non-proliferation of WMD, the approach taken must necessarily be global and trans-regional, although many of the measures may be implemented at national or regional levels.

While the attention is in particular on regions or countries where stockpiles still exist, the countries in the neighbourhood that are on potential routes of proliferation are also considered a priority. The overall approachfor the 2007-2011 strategy is to establish a Community framework for the eligible CBRN-related actions covering both the EU WMD Strategy and the relevant international commitments made by the EU and its partners. More specifically, and within the context of the G8 Global Partnership, high added value of the EU contributions in terms of non-proliferation should be ensured. On this basis, actions under the Instrument for Stability should form a significant part of the implementation of the EU overall Kananaskis commitment.

  1. DESCRIPTION OF THE ASSIGNMENT

Global objective

The main objective of this assignment is to provide support to the Commission:

(1) in the process of definition and implementation of the activities identified in the IfS Indicative Programme 2009-2011 (Project area 2 “Fighting illicit CBRN trafficking and deceptive financial practices”),

(2) in the formulation of the new Strategy and Indicative programme 2012-2013.

Specific objectives

The specific objective of this pilot project is to provide the support to the target country (Morocco) in establishing the regulatory and infrastructure framework to enable fight against the corruption related with the proliferation. More specifically, the objective is to transfer the EU experience and establish the solution(s) in the beneficiary country, but also to prove theappropriateness and transferability of the EU MS experience in the area. The activities on the project shall encompass:

(1) the assessment of the present status, including in particular then awareness of the recipient country about the importance to fight against the corruption linked to proliferation,

(2) identifying the available regulatory and infrastructure element and assessing their appropriateness through a gap analysis,

(3) provision of support through transfer of the EU MS’ experience on the anti corruption strategy, necessary regulation/legislation as well as structuring the institutional bodies to implement the fight against anti corruption related with the proliferation in Morocco.

The project aims at supporting the establishment/enhancement of the institutional structures in the Beneficiary country.

Requested services, including their implementation modalities

A team of high level expertsfrom one of the new EU Member States, consisting of anational expert in proliferation and experts in establishmentof the anti corruptionstrategyand institutional framework, shall be assigned to this project. The expert team shall be led by an experienced project manager who is personally familiar with the EC’s external assistance programmes and technical subject areas. The activities under this project shall be implemented in close coordination with AidCo A.4 Project manager Ms. Ingrid Swinnen).

In particular, the experts shall regularly brief the EC on the progress of activities and shall supply to the EC documents in draft and final forms for the EC review and approval. Frequent contact with AidCo by email and/or telephone is required, as well as occasional meetings to enable AidCo to have a full understanding on the development of the project.

At the beginning of the project, a realistic project schedule shall be proposed, taking into account the specifics of the beneficiary country, but also the schedule of related activities that the EC is implementing. This schedule needs to be updated after the initial visit to thee beneficiary country and agreed with the EC project manager.

Taking into account the specificity and sensitivity of the field covered by this project, the Commission is fully aware that different approaches can be used to achieve the objectives. The scheduleof activities and task definition proposed in this document can therefore be considered as indicative. The potential Contractor is requested, based on experts' experience and advice, to submit with his offer a short document (1-2 pages) describing his understanding of the assignment and the way he intends to achieve the specific objectives listed in point 2, keeping in mind the budget breakdown and the min required time to be spent in the recipient country. The selected approach will have then to be defined in details in the Inception report in close collaboration with the Commission services.

The scope of work encompasses fourtasks, whose scope and required outputs are detailed in the following paragraphs.

Task #1 –Definition of the work programme and schedule

The Team Leader, after having familiarised himself with the current procedures of the EC, but also with the Strategy 2007-2011 and the Indicative programme 2009-2011, the content of the on-going AAPs(2007-2009)of the Instrument for Stability and with other relevant documentation on the main issues of interest in the areas of activityshall, in consultation with the other team members and the EC project manager, refine theobjective of the project.

In a close contact with the Commission (and the Delegation in the Beneficiary country) the team shall identify the appropriate counterparts and assess the specific issues that are of interest to each organisation involved. Following an initial (exploratory) visit to the Beneficiary country, where the issues relevant for the implementation of the project will be assessed, the Team leader shall prepare a detailed Work programme for the project.

When preparing the programme, the Team shall define the schedule of visits and specific interaction with the Beneficiary country’s counterpart organisations(e.g. anti-corruption bodies, related government institutions, non-proliferation departments in the administration, etc.).Once the work programme has been established and agreed upon withtheCommission, the expert team shall undertake the Kick-off mission to the Beneficiarycountry to discuss and refine the project activities with national counterparts.

The finalised work programme, alsoreflecting the arrangements reached during theKick off meeting with national counterparts, shall be approved by the Commission (DG AIDCO A4: Mrs. I. Swinnen), before the actual work can start.

Required output:

  • Deliverable # 1 – Inception report reflecting the work programme agreed with the Beneficiary country's counterparts.

Task #2 – Gap analysis on the regulatory and institutionalframework for fight against corruption linked to proliferation.

As the introduction into the Gap analysis, the expert team shall organize a two day information and awareness raising Workshopin the Beneficiary country, where all the representatives of all national organisations involved in both the proliferation control and fight against corruption will be invited. The aim of the Workshop will be to depict, using the examples of good practices in the EU MS, how the regulation and infrastructure needs to be organised in order to successfully fight the corruption related with the proliferation. TheWorkshop shall use specificexamples of actual events (selected to depict likely threats within theBeneficiarycountry or the region) to illustrate the importance of nationalarrangements, infrastructure and interfaces.The Workshop, in particular the discussions with national counterparts that needs to be organised at the closure of each of the topics, should serve as a preliminary (e.g. road map) assessment of the deficiencies that exist in regulation and infrastructure within the Beneficiary country for fight against corruption related with proliferation. The expert team shall note the outcome of the Workshop and use it in preparation of the gap analysis.

The Contractor is expected to identify and invite the participants,organisetheWorkshop, and prepare all the presentations and the handouts necessary for the workshop. The expenses related to the organisation of the Workshop (costs related to meeting room hiring, equipment and coffee breaks, as well as the translation), if not borne by theBeneficiary country, will be covered by incidental expenditures under the present contract.

Starting with the information and insights obtained during the Workshop, a detailed assessment of the status of regulatory and institutional framework to support the fight against the corruption linked to the proliferation shall be undertaken. The analysis needs to assess the national structures taking into account both the tools/means at disposal for fighting against the corruption related with the proliferation, but also (national) readiness (priority) to undertake such activities. Using the regulatory and institutionalarrangements in one of the new EU MS as the benchmark (adjusted for thespecifics for the national structure and arrangements in thebeneficiarycountry), the gap analysesshall be conducted. The gap analyses shall indentify and prioritise the issue areas where the remedial actions and support could be provided to reach the status that is comparable with the EU.

The gap analyses shall specifically address the shortcomings related with the following broad areas (but not limited to):

National strategyfor anti corruption and commitments

Legal status and the regulatory framework (specific laws related with the corruption, proliferation, penal code, etc.)

Institutional arrangements (responsibilities, interfaces and hierarchy of national bodies; prosecution service, investigation services, international cooperation, etc.)

Capabilities and capacity (availability of staff, qualification and training, materials and technical resources, etc.)

Following the analysis undertaken, the gap analysis report shall be prepared documenting the status in each of the areas/issues analysed against the EU MS benchmark. The report shall justify the assessment and present the Action plan to be followed to enhance/improve the arrangements. For each topic/issue, the expert team shall identify the objectives, key elements and the expected benefits. The Action plan shall be prioritisedbutalso broken down into areas wheresome of those are to be implementedbutthe country itself, and othercouldbenefit from international (EU) support.

Requiredoutput:

  • Deliverable # 2 –Report, consisting of two parts, one documenting the findings of the Workshop and another describing the results of the gap analysis and preparing the Action plan

Task #3 – Support to the enhancement of the regulation and arrangements for fight against corruption related with the proliferation in Morocco

In this task, the support shall be provided to the counterparts in the implementation/enhancements in the areas that the gap analyses indentified as deficient. Starting with the Action plan developed in the previous task, theExpert team, together with the counterparts in the Beneficiary country shall identify a specific national organisation/body whose responsibility covers each of the areas where the gaps are indentified. In directmeetings with thecounterparts, specificarrangementsshall be discussedand agreed upon.

The support for the enhancement of the regulation and arrangements is meant to be undertaken mainly by transfer of the experience and arrangements that were proven to be successful in a new EU MS. In this, two basic ways are envisaged: one, the national regulation, description of structures, organisational arrangements as well as a specific text of strategies and laws/regulation would be transferred to counterparts, and second, topical missions devoted to specific subjects would be organised.

For the latter, it is expectedthat the Expert team will undertake several short missions - a (kind of) twinning between the relevant administrations of an EU Member State and the Beneficiary country - to foster the capacity building activities, addressspecificissues as defined in the Action plan developed in theTask #2. During these missions, the Expert team will describe in detail the arrangements as established in the EU MSs, to enable the Beneficiary country to establish the legislation and arrangements that are fulfilling the aim, but that are specifically aligned with the Beneficiary country’s national organisation and structures.

Otheractivities within thistask include, upon a request of thecounterparts, thereview and comments on the draft policies, legislation and regulation or draft nationalarrangements.

The responsibility of the Expert team in this task is to provide the support rather than to draft the regulation and arrangements. Thisremainsthe sole responsibilityofthecounterpart.

Requiredoutput:

  • Deliverable # 3 – Report on the activities undertaken, documenting the support provide any results achieved in the Beneficiary country

Task #4 – Final report

In this task, the Expert team is expected to prepare a final report that shall summarize the work done and highlight the main findings and recommendations.The final report shall be detailed enough to provide an understanding of the work done and summarise the results achieved.

The Final report shall, in particular, document the methodology undertaken for the gap analysis, including the EU MS benchmark used, to enable the use of the methodology and the benchmark. The Final report shall contain discussion on the prospects and specific conditions to enable the same methodology to be applied in other countries in the EU neighbourhood and/or used as an input for the activities of the centres of excellence.

The Final report shall summarise the critical analyses of the deficiencies indentified in the Beneficiary country related with the fights against the corruption related with the proliferation, that might be of relevance for other countries as well, to enable the Commission to use it as one of the inputs in structuring its activities in this areas in the future.

Requiredoutput:

  • Deliverable # 4– Final report
  1. EXPERTS PROFILE

Detailed curricula vitae of each involved expert should be provided with the offer.

Expertise, education and experience required

The expertise needed for this project is a general and in-depth understanding of issues related to establishment of arrangement and their implementation as related with the anti corruption practices in general and related with the illicit trafficking in chemical, biological, radiological and nuclear (CBRN) materials and agents in particular. The expertise needs to be supported by academic or professional titles, as required by their category.

The expert team as a whole, shouldhave proven:

-experience on issues related to anti-corruption policy, development of the strategy, regulation aswell as arrangements for implementation;

-Experience in the field of prevention ofillicit trafficking of CBRN materials, in particular legal and institutionalarrangements;

-Experience in undertaking the gap analysis and drafting the action plans

Experience in the EC and/or other external assistance programmes;

-Experience of working in a multi-cultural environment;

-Good command of English language, both written and spoken;

Specific experience in establishingand implementing the anti corruption policies, drafting relevant laws and regulation will be considered as advantage.

Specific project management skills and knowledge of the EC external assistance programmes are required for the team leader whose task is to implement and coordinate all the activities.

Number of requested experts

For the execution of the contract,the involvement of up tothreeexperts is considered necessary. A team composed of three category I experts and one administrativesupport (category II)is considered adequate.

Working language(s)

The working language for documents to be provided by the Contractor as reports and other deliverables shall be English.

Knowledge of other languages, as appropriate, will be considered advantageous for the part of the work to be carried out in the beneficiary country.

  1. LOCATION AND DURATION

Starting period

The assignment is foreseen to start in December2010.

Foreseen finishing period or duration

The period of execution of the tasks listed above is 270 days from the commencement date.

The longest assignment should not exceed 50working days.

Planning

The following provisional time schedule is envisaged for different tasks:

Start / End
Task 1Definition of the work programme and schedule and the Inception report / To / To + 2months
Task 2Gap analysis on the regulatory and institutionalframework for fight against corruption linked to proliferation / To + 2months / To + 4months
Task # 3 – Support to the enhancement of the regulation and arrangements for fight against corruption related with the proliferation in Morocco / To + 4months / To + 8months
Task 4Final report / To + 8 months / To + 9 months

The Contractor in his detailed work-plan in Task 1 shall propose a final and more detailed time schedule for the various activities on this project.