Technical Adviser (Acting Coordinator) National Procurement Commission Ministry of Finance

República Democrática de Timor-Leste, Ministério das Finanças “Adeus Conflito, Bemvindo Desenvolvimento” Planning and Financial Management Capacity Building Program (PFMCBP) TERMS OF REFERENCE Position: Technical Adviser (Acting Coordinator) National Procurement Commission (NPC) Contract No: PIU-PFMCBP Objectives: To set up and initially manage the National Procurement Commission (NPC), a new governmental body charged with handling all major project procurement activities (i.e. those valued at ≥ $1 million) carried out by Line Ministries and other governmental agencies most of which are funded out of the Infrastructure Fund allocation in the budget; and To recruit and train a Timorese national as a permanent Head (Coordinator) of the NPC. Reporting: His Excellency the Prime Minister, through the Minister of Finance as a member of CAFI (The Administrative Council for the Infrastructure Fund) Senior Program Manager-PFMCBP (for contracting purposes) Counterpart: Head of the NPC (when recruited) and NPC technical staff Duration: As soon as possible, to 15th November 2012 Location: The office of the National Procurement Commission Dili, Timor-Leste I. SELECTION CRITERIA ·A Master’s or higher level degree in a relevant field (Engineering, Procurement, Project ·Management, MBA, Law, or a related field). ·At least twelve years progressive both private and public sector experience inprocurement, including extensive experience at the transactional level at every procurement stage in the procurement cycle, as well as higher policy level with traditional and current market best practice approaches about how to procure large contracts for complex works, goods and consultant services, including which standard bidding documents and new BOT and PPP approaches to attract private sector financing contributions should be used, as well as previous personal participation in the development of procurement policies for governments or a major donor agency. ·Familiarity with the World Bank, MCC and similar procurement and project development and management guidelines, policies, procedures and documents, and demonstrated capacity to rapidly gain familiarity with the same in new systems. ·Previous procurement experience working for a government as a procurement agent function using donor-funded procedures, or as a procurement officer for a private sector company will be an advantage. ·Familiarity with the current procurement legislation in Timor-Leste and the “omnibus Law” (in preparation) according to which the Procurement Commission should operate; ·The ability to manage and successfully develop sustainable capacity in small to medium ·sized teams and ability to identify, recommend pragmatic solutions for filling skills gaps in other stakeholder organizations. ·Experience in working with, and making formal presentations to senior management officials and high-level bodies, such as Boards of Directors, Council of Ministers, and the like. ·Good analytical and interpersonal skills and sound knowledge of project management competencies. Proven experience in successfully negotiating solutions to complex situations of conflict. ·Fluency in English, some skills in Tetum and/or Bahasa Indonesia and other regional languages would be a plus, as well as good interpersonal skills and experience working in multi-cultural environments. II. BACKGROUND The Ministry of Finance of the Government of the Democratic Republic of Timor-Leste is recruiting a Technical Adviser and Acting Coordinator of National Procurement Commission for its Planning and Financial Management Capacity Building Program (PFMCBP). The Major Projects Secretariat (MPS) was set up within the Ministry of Finance in October 2010, with the responsibility for appraising and preparing major infrastructure projects, such as roads and bridges, highways, electricity, public office facilities and water and sewage systems, amongst other public infrastructure, which are essential to a well functioning economy... The National Development Agency (ADN) was established in March 2011 pursuant to Decree Law No. 22/2011. It reports directly to the Prime Minister and is “responsible for the strict reviewing of capital development projects, based on the analysis of their respective cost-benefits, as well as for monitoring the implementation and execution of projects through a quality certification system, thus contributing to the rationalization of the available financial resources and to national development and economic activity, both at national and local level”. The NPC’s objective is to professionally procure in accordance with the existing procurement legal framework in Timor-Leste contracts for all major projects that have been (i) appraised by the Major Projects Secretariat, (ii) subjected to quality control by the Agency for National Development (ADN), and (iii) have a priority high enough under the Strategic Development Plan to warrant being launched during the current budget year, all in an optimal way that will in the end achieve most economic value for the Government. The efficient and effective functioning of the NPC is of major importance to the Ministry of Finance and the Government of Timor-Leste as a whole, hence the need for and importance of this new position. As a program, the PFMCBP aims to strengthen the capacity in the Ministry of Finance for prudent, effective, and accountable planning and management of public finances to promote growth and poverty reduction. Funded by a grant from the International Development Association and a World bank administered multi-donor trust fund (with contributions from AusAid, EC, Irish Aid, New Zealand and Norway), the PFMCBP is a coordinated program of targeted capacity building in planning and financial management. The Program started in late 2006 provides technical assistance to sustainably strengthen planning, budgeting, public expenditure management and revenue administration for growth and poverty reduction, with emphasis on efficiency, effectiveness, accountability, integrity, service culture, and transparency. After a successful five years of operation, the program has been extended to 30th November 2012. The key Government of Timor-Leste (GoTL) implementing agency for the PFMCB program is the Ministry of Finance (MoF), which includes support for fiduciary staff in the line ministries and districts. It is in this context that the PFMCBP supports the work of the NPC. III. DUTIES AND RESPONSIBILITIES A. Scope of Work The main tasks of the Technical Advisor (Acting NPC Coordinator) will be: 1. In the capacity of Acting NPC Coordinator, ensure that the activities of NPC are efficiently and effectively carried out until such time as the permanent NPC Coordinator is able to take over the role fully; 2. within 3 months of commencement of this contract take action to hire a firm of procurement specialists to assist with complicated, high value procurement contracts, if not already in place; 3. within 6 months of commencement to identify and recruit a Timorese national to be trained to assume duties as Head of the NPC (Coordinator); and 4. to develop an appropriate training program for the new Head of the NPC, monitor its implementation and provide necessary mentoring and guidance to the new Head, so that the Head can assume full responsibility for the NPC by the end of this contract. To make proposals for the framework and long-term structure of the NPC as well as developing a strategy and action plan for its implementation The NPC Coordinator is responsible for the quality of procurement processing carried out by the NPC at each and every stage in the procurement cycle including but not limited to: Procurement Processing · Determining the readiness of documents received from MPS and ADN Approving procurement plans for new projects with acceptable documentation, based on the inputs provided by the relevant line Ministries · Arranging for the NPC to draft appropriate bidding documents for those projects based on technical inputs from the projects · Advertising those projects in appropriate media that will most likely attract the attention of qualified bidders · Holding pre-bid conferences prior to bid submission to allow bidders to raise queries about the bidding documents and technical nature of the work followed by issuance of minutes of those meetings to attendees; · If appropriate (as is often the case for works and supply and installation contracts) also scheduling site visits to allow bidders to better understand site conditions and logistical challenges to carrying out the work; · Arranging for a location where bids can be submitted safely before the bid submission deadline and making sure that they will be held securely until bids are opened; · Arranging for all queries raised during the bidding period to be answered (in writing) with copies provided to all bidders; · Presiding over bid openings, and preparing bid opening minutes; · Setting up evaluation committees (and presiding as Chairman of the evaluation committees to maintain independence and ensure integrity of the process), to evaluate the technical and other aspects of each bid to assess technical responsiveness; · Informing successful bidders of their success and inviting them to the price bid opening (if applicable), and advising the unsuccessful bidders of their inability to pass the minimum threshold for technical responsiveness and offering a debriefing if they wish; · Writing evaluation reports and award recommendations that accurately reflect the results of the evaluation and arranging for them to be reviewed by the responsible Line Ministry and approved by the appropriate body in the Government, i.e. the Council of the Infrastructure Fund (CAFI) or the Council of Ministers, depending on their value; · Following approval, publishing Notices of Intent to Award and Award Notices; · Preparing final contracts, arranging for them to be signed and making sure that the proper arrangements are in place in the relevant line Ministry for contract supervision, monitoring, reporting and assisting with contract payments; · Handling all complaints received by the NPC and those submitted to the Prime Minister and making sure that appropriate and transparent responses are given; · Chairing debriefings of unsuccessful bidders; · During implementation remotely monitoring ongoing compliance with the contract terms and processing all major changes to the scope of the works progress accomplished by contract amendment or variation or change order; · The NPC is also called upon to prepare and submit ad hoc and periodic progress reports on ongoing NPC activities to the Counsel of the Infrastructure Fund (CAFI) and to provide advice about high level procurement policy issues and provide technical and trouble-shooting assistance to anyone needing such assistance relating to contracts valued at ≤ $ 1 million. In addition the Coordinator is responsible for managing the day-to-day activities of the NPC, providing quality control and ensuring that it establishes sound operating procedures consistent with good practice procurement standards internationally. This entails among other things carrying out the following tasks: Management and Administrative Tasks · Providing on-the-job training and mentoring to all NPC members, particularly for Timorese NPC staff so they can handle all ongoing tasks professionally and eventually be qualified to take over management of all aspects of the NPC’s activities; · Ensuring that the NPC budget funds are spent wisely and in accordance with Government procedures; · Issuing monthly and ad hoc reports informing the CAFI of the progress NPC is making in awarding all potential contracts submitted to it, and any important issues of concern that have arisen that are likely to cause delays; · Ensuring that data about ongoing procurement activities are entered into the MoF’s Free Balance system, to facilitate monitoring of commitments and expenditure. IV. Performance Evaluation Performance of the Coordinator will be assessed by the Prime Minister, through the Minister of Finance as a member of CAFI and in accordance with the performance review framework for advisors in place in the PFMCBP. Performance of the NPC will be subject to periodic audits. There is a probation period of three months. V. APPLICATION PROCEDURE Please visit our website at www.mof.gov.tl/ and go to ‘Announcements/Employment Opportunities’ to learn about our recruitment process and your application requirements including how to address the Selection Criteria in your application. Applications must be sent to our Programme Implementation Officer-PFMCBP at email address, pfmcbp@mof.gov.tl, no later than Friday, 6th January 2012. Applications should include a covering letter and a detailed resume of no more than 7 pages. All Applicants must also complete the Competency Framework Matrix below delineating how they have met the requirements. We do not expect that you would just cut and paste from your resume but rather explain concisely and succinctly how you have met these competences, possibly providing brief examples etc. Only short-listed candidates will be contacted. Competency Framework for the Senior Financial Assurance Advisor (International) Competencies Please describe how you meet these Competencies A Master’s or higher level degree in a relevant field (Engineering, Procurement, Project Management, MBA, Law, or a related field). At least twelve years progressive both private and public sector experience in procurement, including extensive experience at the transactional level at every procurement stage in the procurement cycle, as well as higher policy level with traditional and current market best practice approaches about how to procure large contracts for complex works, goods and consultant services, including which standard bidding documents and new BOT and PPP approaches to attract private sector financing contributions should be used, as well as previous personal participation in the development of procurement policies for governments or a major donor agency. Familiarity with the World Bank, MCC and similar procurement and project development and management guidelines, policies, procedures and documents, and demonstrated capacity to rapidly gain familiarity with the same in new systems. Previous procurement experience working for a government as a procurement agent function using donor-funded procedures, or as a procurement officer for a private sector company will be an advantage. Familiarity with the current procurement legislation in Timor-Leste and the “omnibus Law” (in preparation) according to which the Procurement Commission should operate. The ability to manage and successfully develop sustainable capacity in small to medium sized teams and ability to identify, recommend pragmatic solutions for filling skills gaps in other stakeholder organizations. Experience in working with, and making formal presentations to senior management officials and high-level bodies, such as Boards of Directors, Council of Ministers, and the like. Good analytical and interpersonal skills and sound knowledge of project management competencies. Proven experience in successfully negotiating solutions to complex situations of conflict. Fluency in English, some skills in Tetum and/or Bahasa Indonesia and other regional languages would be a plus, as well as good interpersonal skills and experience working in multi-cultural environments.

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pfmcbp(at)mof.gov.tl