Result of Service
Concrete SPP legal provisions / articles in order to amend the draft Public Procurement Law drafted; Relevant bylaw(s) in order to introduce newly developed SPP legal provisions into the secondary legislation drafted; The Governmental Decree which will provide guidance on how to apply SPP to public procurement drafted.
35 working days
Duties and Responsibilities
The United Nations Environment Programme (UNEP) is the United Nations systems designated entity for addressing environmental issues at the global and regional level. Its mandate is to coordinate the development of environmental policy consensus by keeping the global environment under review and bringing emerging issues to the attention of governments and the international community for action.
The EU-funded “European Union for Environment” (EU4Environment) aims to help the six partner countries: Armenia, Azerbaijan, Belarus, Georgia, Republic of Moldova, Ukraine preserve their natural capital and increase people’s environmental well-being, by supporting environment-related action, demonstrating and unlocking opportunities for greener growth, and setting mechanisms to better manage environmental risks and impacts.
The United Nations Environment Programme (UNEP) is one of five partner agencies implementing a newly launched EU-funded EU4 Environment (2019 – 2023). Under EU4Environment’s component on “circular economy and new growth opportunities”, UNEP will support countries to develop and implement Sustainable Public Procurement (SPP) policies and complementary tools by increasing awareness and building the capacities of policy makers and procurement managers in the region.
In the course of 4 years since 2013, the development of SPP policies has been supported by EU-funded EaP GREEN project in three pilot countries of ENPI East Neighbourhood (Belarus, Moldova and Ukraine) following the UNEP Methodology to SPP, and since 2019 EU4Enviornment project continues supporting the SPP activities in these countries (including Georgia as a new pilot country). The integration of sustainability in the legislation and regulations dedicated to public procurement is a major step towards the development of an SPP policy in the target countries.
In the framework of EU4Environment project, UNEP plans to support the Moldovan Public Procurement Agency in elaborating a Governmental Decree to mandate the use of SPP approach in public procurement, and also support the Georgian State Procurement Agency in drafting and inserting SPP-related provisions/articles into new legislation on Public Procurement. An International Legal Expert will provide technical support for the above-mentioned legal work in Georgia and Moldova.
Under overall guidance of UNEP, the International Legal Expert will carry out the following tasks:
In close cooperation with the State Procurement Agency of Georgia, and national legal expert (recruited under EU4Environment project), the International Legal Expert will:
• Draft concrete SPP legal provisions / articles in order to amend the draft Public Procurement Law;
• Draft relevant bylaw(s) in order to introduce newly developed SPP legal provisions into the secondary legislation.
The International Legal Expert will carry out the following task in close cooperation with the Public Procurement Agency of the Republic of Moldova:
• Draft the Governmental Decree which will provide guidance on how to apply SPP to public procurement and will mandate the application of this guidance.
To conduct the key required tasks listed above, the Expert will need to take into account the following aspects:
• International Framework: International agreements signed by the countries (commercial and others) that have an impact on SPP; EU acquis and approaches; EU Public Procurement directives and other advanced SPP-friendly regulations; UNCITRAL model law;
• Constitutional and Administrative Law Frameworks: (i) National jurisprudence; (ii) Constitutional norms on sustainable development, environment and social concerns; (iii) Existing and/or drafted Public Procurement legal framework;
• Administrative/Regulatory: (i) The finance and budgetary regulation – as far as relevant; (ii) Current environmental regulations in the country as well as other SPP-relevant complementary goals, including conclusions on the national understanding of sustainability; (iii) Existing E-Governance / E-Government / E-Procurement solutions and/or services to be adopted.
• International experience: “good practices” or “innovative practices” from the international context to propose innovative approaches.
Academic Qualifications: Master’s Degree in law or public administration or related field;
Experience: At least 5 years of relevant experience in procurement law and environmental law;
Experience in drafting SPP related provisions of Public Procurement Laws;
Experience in drafting SPP bylaws (i.e. Governmental Decrees);
Knowledge of SPP legal and regulatory frameworks of EU countries;
Understanding of the countries’ legal and regulatory frameworks, particularly in the areas of public administrative law, sustainable development and environmental standards;
Knowledge of sustainable and electronic public procurement practices;
Proven track record of published articles, reports or other documents related to the legal aspects of public procurement or sustainable public procurement would be an asset;
Demonstrated strong legal writing skills;
Language: Fluency in English