REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES)

 Competitiveness Enhancement Project II

 REPUBLIC OF MOLDOVA 
Sector: General industry and trade sector 
Project ID Number: P144103 
Expression of interest: CEP-II/A/CS-28/1-CQS-31

 

Title of Assignment:     „Develop and launch the implementation of a mandatory training program for judges (needs assessment and training events)”

 

The Government of the Republic of Moldova is pursuing a policy agenda to support export-led economic growth. To achieve this goal, the Moldova 2020 national development strategy focuses on improving the business enabling environment and promoting better access to finance for enterprises, as two of its top priorities. The 2014 Roadmap for Increasing Competitiveness also focuses on the need to improve competitiveness at the enterprise level.

The Republic of Moldova has received financing from the International Development Association and the International Bank for Reconstruction and Development for implementation of the Second Competitiveness Enhancement Project (CEP II). CEP II will help the Ministry of Economy achieve its reform objectives. The project’s development objective is to increase the export competitiveness of Moldovan enterprises and decrease the regulatory burden they face. This PDO will be achieved through a set of measures that aim to: (i) improve the business environment through regulatory reforms that reduce the cost of doing business; (ii) help SMEs and exporters to get access to business development services; and (iii) improve access to medium and long term finance for export oriented enterprises.

The project consists of the following components:

Component 1: Regulatory Reform

The objective of the Regulatory Reform component is to support the Government of Moldova (GoM) in improving the business enabling environment in Moldova, and specifically in implementing its regulatory reform strategies over the next five years.

Component 2: Small and Medium Enterprise Development

The objective of the SME Development component is to strengthen Moldovan SMEs’ linkages to markets and ability to compete in those markets through:

a)      Sub-component 2A. Strengthening the institutional capacity of ODIMM and MIEPO, so that they can play a more effective role in facilitating market-based SME growth and

b)      Sub-component 2B. Providing matching grants to SMEs to implement business improvement projects focused on export competitiveness.

Component 3: Access to Finance

The objective of the Access to Finance component is to improve access to medium and long-term finance for export-oriented enterprises, reduce barriers to finance due to perceived high credit risk in SME finance and high collateral requirements, and promote suitable models for value chain financing.

Competition Aspects. To enhance incentives for firms to become more productive in the domestic market and therefore boost their export competitiveness, a framework to ensure competition between firms is critical. The Competition Council has the responsibility to both react to allegations of an uneven playing field in specific markets (enforcing the Competition Law of July 11, 2012) as well as proactively advocate for fair competition in the economy. However, the Competition Council requires resources and capacity building support to be able to optimally conduct these tasks, to thereby decrease the possibility that uncompetitive practices stymie the productive potential, especially that of SMEs. The project will support the Competition Council to: (i) identify barriers to competition in sectors or markets that have an impact on competitiveness; (ii) work with the MoE and other public authorities, in its advocacy role, to amend laws and regulations that create barriers to competition; and (iii) implement its competition policy with economy-wide effects through better tools and processes.

Despite improvements in the legal framework for business processes (entry, licensing, and less so exit) administrative corruption, a growing informal sector and weakly reformed regulations at the local level, have combined to create a difficult playing for enterprises to grow simply on the basis of competitive behavior.

In order to cope with the potential threats and support the implementation of competition policy in Moldova, the Parliament of Moldova by its Decision Nr. 21-XVI from 16.02.2007 established the National Agency for Protection of Competition (NAPC), and subsequently, by the Law nr.183 of 11.07.2012 (the new Law on Competition) established the Competition Council of the Republic of Moldova (CCRM), as a permanent public administration authority, having the statute of a juridical person, being independent in its activity of other structures of public administration.

Objective of the assignment and tasks to be performed

The main objective of the assignment is to develop and deliver training courses for judges in the field of state aid enforcement in the Republic of Moldova, based on the Law on State Aid no. 139 of 15.06.2012 and on the best practices applied in the EU countries.

  

To achieve the assignment’s objectives, the Consultant shall perform the following tasks:

1.      Preparation of needs assessment, which should involve an evaluation of the training needs based on which the training will be developed;

1.      Based on above training needs assessment propose and elaborate training modules in the domains identified to be weak;

2.      Elaboration of a professional training program for judges in the field of state aid law;

3.      Elaboration of training materials that shall be used in the training sessions;

4.      Delivering professional training sessions for judges in order to implement the legal framework in the field of State Aid;

5.       In collaboration with the National Institute of Justice and Competition Council evaluation of trainees and issuing of certificates.

Topics to be included in the trainings:

  • State Aid: Notions, objectives of state aid granting, forms of state aid granting; notification, authorization and reporting of state aid;
  • Abusively used and illegal state aid: notions, the procedure regarding the abusively used and illegal aid, recovery of the abusively used and illegal aid and recovery of the related interest;
  • Liability for infringing the provisions of the Law on State Aid no. 139 of 15.06.2012;
  • The jurisprudence of state aid cases based on the EU experience and best practices;
  • Implementation of the provisions of Art. 340 and 403 of the Association Agreement between the European Union and the Republic of Moldova.

Target group:

  • Judges from the district courts of the Republic of Moldova, who are involved in solving civil cases of administrative dispute and non-criminal cases.

Organization of trainings:

  • Formation of 11 groups of 31 judges each (all together 341 judges). 10 groups will be instructed in Romanian language, 1 group will be instructed in Russian language.
  • Conducting 2 days of seminar for each group (8 academic hours per seminar / 4 academic hours per day). Total number of effort in terms of hours to be delivered during the training sessions will be approximately 88 academic hours.

The Project Implementation Unit of the World Bank Competitiveness Enhancement Project now invites eligible consultant firms to indicate their interest in providing the services. Interested consultants must provide information indicating that they are qualified to perform the services (brochures, description of similar assignments, experience in similar conditions, etc.). Consultants may associate to enhance their qualifications. This Request for Expression of Interest will lead to the preparation of a Short List of consultants. For evaluation of the expressions of interest for this assignment, the following evaluation criteria will be applied by the Evaluation Committee: 

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Criteria

Points

1.      

Company professional experience in the area offering professional training services by having at least 8 years of experience in organization of training; preparation of analytical reports, training programs and training curricula

35

2.      

Possess a portfolio of works that would prove professional excellence and professional capacity with at least two successfully implemented similar or alike projects during last three years

20

3.      

Company proven ability in conducting training activities, coaching inter alia, in the areas of governance, justice

30

4.      

Staff with knowledge and experience in handling state aid cases in Moldova, Romania and other EU member states

15

 

TOTAL

100

 

The Consultant will be selected on the basis of its qualifications for the assignment (Selection based on Consultants Qualifications) in accordance with the procedures set out in the World Bank’s Guidelines: Selection and Employment of Consultants by World Bank Borrowers, published in January 2011.

 

The assignment will be implemented in the period from June to October, 2016.

 

Interested consultants may obtain further information at the address below during office hours from 09:00 to17:00 hours (Chisinau time).

Expressions of interest must be delivered to the address below or electronically not later than May 24, 2016.

 

Project Implementation Unit of the World Bank Competitiveness Enhancement Project

180, Stefan cel Mare Avenue, office 813, MD-2004, Chisinau, Republic of Moldova

Tel:  + 373 22 296724;  e-mail: piu@mec.gov.md

 

 

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