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ESAP 2. Roadmaps on Western Balkan Labour Market Policies databases alignment with the EU and Capacity Building to WB partners for EU Alignment

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1 | P a g e

This project is funded by the EU

ESAP 2

Terms of Reference: Roadmaps on Western Balkan Labour Market Policies databases alignment with the EU and Capacity Building to WB partners for EU Alignment

Contracting Authority: Regional Cooperation Council (RCC) Secretariat Reporting to: RCC Secretariat/ RCC ESAP 2 project

Duration: December 2021- March/April 2022

Eligible: Bidding consortia, respective consulting companies and other legal entities

Application Deadline 29 November 2021

Reference Number: 108-021

I Background and Context

The Employment and Social Affairs Platform (ESAP 2) is a regional project financed by the European Commission and jointly implemented by the Regional Cooperation Council (RCC) and the International Labour Organisation (ILO) in the Western Balkan economies (Albania, Bosnia and Herzegovina, Kosovo*1, Montenegro, North Macedonia and Serbia).

The objective of ESAP 2 is to assist Western Balkan (WB) economies with labour market and social policy reforms in order to improve the employment opportunities and working conditions of citizens in the region. More information about the ESAP 2 project can be found at Project’s webpage: https://www.esap.online/

1 * This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo declaration of independence

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2 II DESCRIPTION OF RESPONSIBILITIES Scope of the Assignment/Main activities

The objective of this Assignment is to:

i. document current practices of classification of labour market policies and reforms in the six Western Balkans (WB) economies,

ii. develop six roadmaps for classification of labour market policies and reforms in line with the EU methodologies, and

iii. enhance the capacity of institutional stakeholders to align their practices in this area with the EU.

To address this objective, the Applicant needs to deliver the three inter-related key tasks, each with a detailed set of deliverables:

1. Prepare the analysis of the current labour market policies (LMPs) and reform measures in the six Western Balkan economies and develop six analytical reports for each WB economy and one Western Balkans comparative report, based on the EU classification methodology (detailed below in the methodology section)

The Applicant will analyse and classify national data related to labour market policies (LMP) and reforms in accordance with the relevant EU standards and methodology (see below for relevant EU guidelines), taking into account the specific legislative context for each WB economy.

This classification will allow for cross-Western Balkan economy analysis (based on EU methodology) on the type of labour market policies enacted and beneficiaries impacted, as well as for tracking measures over time, thus providing a consistent and policy-relevant overview of different labour market polices and reform strategies being pursued by the WB economies and of the existing interactions between various labour market institutions.

Under the overall guidance and in consultation with the ESAP 2 team, the Applicant needs to secure all necessary data from sources to include, but are not limited to: national legislation, information from national institutions, both publicly available on their websites as well as information provided directly by them or other organisations, Economic Reform Programmes annually prepared in the framework of the dialogue with the EU and other relevant documents.

The deliverables under this task include both quantitative data (comprehensive set of excel sheets prepared for each WB economy, based on the EC methodology, as described below), and comprehensive qualitative analysis of LMP for each WB economy. The period covered in the

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quantitative reports is minimum three years, using the latest available data, and the same period needs to be applied for all WB economies to ensure consistency.

Specifically, the quantitative data on expenditures and participants are to be complemented by a set of qualitative reports (six reports for each Western Balkan economy and the WB comparative report), which describe the labour market policies, programmes and interventions, how they work, and the main target group. To the extent possible, data collection and analysis will be gender disaggregated, including disaggregation by age (youth) and vulnerable categories.

The six individual WB economy reports (quantitative and qualitative) will be prepared in order to detail the labour market policies and current practices of collecting and classifying administrative data related to labour market policies and reforms, identifying current gaps, in terms of alignment with EU practices on data collection. Based on the adopted classification for six reports (based on EU methodology), the Western Balkans comparative report will be prepared to allow for cross- Western Balkans analysis.

2. Develop six roadmaps for classification of labour market policies and reforms for each WB economy, based on EU practices and models (detailed below in the methodology section)

The purpose of this task is to support relevant administrations of Western Balkans (Ministries and PES offices, as relevant) to classify existing data and further collect new data on public expenditure on labour market policy measures, beneficiaries and results in a harmonised manner based on EU methodologies. The EU labour market policies database and the EU labour market reform database (described below) will serve as guiding practices.

Based on the existing context in each Western Balkan economy, the Applicant will deliver six roadmaps for ensuring sustainable collection and classification of labour market policies and reforms in line with the EU guidelines (see below for relevant specific EU guidelines, 2018 document and previous activities). These roadmaps need to identify current gaps and challenges and propose specific actionable recommendations on advancing alignment of each WB economy with the EU practices.

The six WB roadmaps and recommendations need to be tailored to each WB economy context, including policy, legislative and operational aspects, focusing on short- and medium-term priorities.

3. Design and deliver a regional capacity-building event focused on classification of labour market policies and data aligned with the EU practices and methodologies and support further capacity building of institutional partners in this area

In cooperation with the ESAP 2 team and WB partners, the Applicant will design and deliver a regional capacity building/training event with the participation of key officials from the Western

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Balkan economies in charge of labour market reforms and policy data collection and classification.

The aim of this training event will be to improve capacities for continuous collection and classification of these data within the relevant institutions, based on alignment with EU practices.

As part of the capacity building activities, the Applicant will provide technical support to the RCC ESAP 2 team in organising the study visit on labour market policy and reform classification to an EU member and/or Eurostat for the WB institutional partners. The Applicant will support the technical aspects of this study tour (to include, but not be limited to organisation of technical content of the study tour and technical meetings), while all logistical arrangements and the cost of study tour will be borne by RCC ESAP 2 project.

Methodology

The Applicant is expected to review the existing data, materials and reports, and develop/apply own methodology and collect all required data that will address the above scope of work in line with the relevant EU standards related to labour market policies, as described below.

Data collection, meetings, interviews and other relevant methods including engaging relevant stakeholders in the WB region as required to achieve the objectives of the ToR within the duration of the assignment are Applicant’s obligation, and will be implemented in close consultation and with guidance by the ESAP 2 project.

The following key guiding principles need to be taken into consideration:

i. Written material of highest technical quality

ii. High-quality technical training content and delivery, delivered in a regional workshop (online, hybrid or in-person event, subject to the pandemic situation).

As regards the EU methodology to be applied to the deliverables, the following guiding principles need to be taken into consideration:

A. Labour Market Policies Databases- methodology

The scope of labour market policy (LMP) statistics relates to public interventions which are explicitly targeted at groups of persons with difficulties in the labour market: the unemployed, persons employed but at risk of involuntary job loss and inactive persons who would like to enter the labour market. According to the EU LMP methodology, labour market interventions are classified by the type of action:

LMP services cover all services and activities of the public employment service (PES) together with any other publicly funded services for jobseekers.

LMP measures cover activation measures for the unemployed and other target groups including the categories of training, job rotation and job sharing, employment incentives, supported employment and rehabilitation, direct job creation, and start-up incentives.

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LMP support covers financial assistance that aims to compensate individuals for loss of wage or salary (out-of-work income maintenance and support, i.e. mostly unemployment benefits) or which facilitates early retirement.

In 2016/2017, the RCC ESAP I project completed the detailed analysis of active labour market policy interventions and developed a catalogue of employment and labour market measures for each WB economy utilising the Eurostat methodology of labour market policy statistics (edition 2013)2. Brief description of each measure and data had been collected for each WB economy within the LMP database on the public expenditure associated with each intervention.

Furthermore, whenever possible, the total annual stock of participants in each measure was recorded. Analysing the documentation in the period 2013-2015, this ESAP 1 report classified, by type of action, each individual active labour intervention undertaken under one of the following headings in each of the WB economy. The ESAP 1 report and excel files (internal materials) can be made available to the successful Applicant, upon request, as background material:

LMP services

1.Labour market services 1.1. Client services

1.1.1. Information services

1.1.2. Individual case management 1.2. Other activities of the PES

1.2.1. Administration of LMP measures 1.2.2. Administration of LMP supports 1.2.3. Other services / activities LMP measures

2. Training

2.1. Institutional training 2.2. Workplace training 2.3. Alternate training

2.4. Special support for apprenticeship

3. Job rotation and job sharing (included in category 4)

2 http://ec.europa.eu/eurostat/web/products-manuals-and-guidelines/-/KS-GQ-13-002

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6 4. Employment incentives

4.1. Recruitment incentives 4.1.1. Permanent 4.1.2. Temporary

4.2. Employment maintenance incentives 4.3. Job rotation and job sharing

4.3.1. Job rotation 4.3.2. Job sharing

5. Sheltered and supported employment and rehabilitation 5.1. Sheltered and supported employment

5.2. Rehabilitation 6. Direct job creation 7. Start-up incentives

Deliverables which include quantitative data need to cover a minimum three-year period, using the latest available data, and include both public expenditure on labour market policy (LMP) interventions and participants in labour market policy (LMP) interventions, and be based on the EC Labour Market Policy Statistics - Methodology 2018.

The following EC documents/methodologies and databases and web-resources related to the Labour Market Policies must serve as the overall methodological guidance and template for all deliverables under this ToR:

i. The EC methodology that defines the scope of the LMP data collection, and statistical unit and coverage, describes the classification system of LMP interventions, and gives precise guidelines on the data to be provided: EC Labour Market Policy Statistics - Methodology 2018

ii. EC Labour Market Policies Database:

o Public expenditure on labour market policy (LMP) interventions o Participants in labour market policy (LMP) interventions

EC Labour market policy (source: DG EMPL), Reference Metadata

iii. The EC Report LM Policy- expenditures and participants: EC, Directorate-General for Employment, Labour market policy- Expenditure and participants, 2021

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7 B. Labour Market Reform Database-EU

The Labour Market Reform (LABREF) Database, managed by European Commission DG Employment and the Employment Committee, aims to improve the understanding of labour market institutions and the impact of reforms on the labour market. It systematically records factual information on policy measures affecting the labour market institutions and thus likely to have an impact on labour market performance.

The LABREF database is organised around nine broad policy areas that include: labour taxation, unemployment benefits, other welfare-related benefits, active labour market policies, job protection legislation, disability and early retirement schemes, wage bargaining, working time organisation, immigration and mobility.

While the scope of this ToR is focused on the labour market policies and the EC LABREF database is broader (above stated nine broad policy areas), in preparing the deliverables of this ToR, the Applicant needs to also refer to areas identified in the LABREF and provide the analysis as to the degree of alignment of WB institutional partners practices with the LABREF methodological approach and also an outline summary of key policy themes for each WB economy based on the LABREF themes. In addition, the capacity development activities in this ToR (training and study tour) need to also include LABREF.

Relevant links:

LABREF overview LABREF database Lines of Communication

The Applicant will submit all deliverables to the RCC ESAP 2 project for review and approval. The Applicant will work closely with the RCC ESAP 2 project team from whom s/he will seek guidance to efficiently conduct the work.

The draft deliverables will be shared with the WB stakeholders and final deliverables will be presented and discussed in a regional training event organised by the RCC ESAP 2. The cost of attending this regional training event (if in person) will be treated separately and should not be included in the budget proposal under Annex II.

Deliverables and Timeframe

The deliverables and illustrative timeline are provided below, the final timeline to be approved by the RCC ESAP 2 as part of the contract and work plan.

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Deliverables Due date (from

mobilisation) 1. Methodology, technical approach and Work Plan

with detailed timelines approved by the RCC ESAP 2 project.

one week

2. First draft of the six reports on review of the current labour market policy and reform measures in the Western Balkans and the WB comparative report and current classification (six analytical reports and the WB comparative report, six individual reports consist of quantitative data-excel files for each WB economy and qualitative analysis).

4-5 weeks

3. First draft of six proposed roadmaps for classification of labour market policies and reforms aligned with the EU practices (six roadmaps).

4-5 weeks

4. Final version of the deliverables 2) and 3) submitted to RCC ESAP 2 project addressing all feedback from RCC ESAP 2 project.

Final data sets, excel sheets, based on the EU methodology (for each WB economy, WB average and EU 27 comparison data, if/as applicable) with verified source files.

8-9 weeks, depending on feedback timeline

5. Training materials and power point presentations for the regional training event, including delivery at the regional training event.

6. Technical input for the study tour, with meetings organised for the study tour, in consultation with RCC ESAP 2 project.

Within contract, on date(s) agreed with the RCC

7. Follow-up notes/questionnaires, data sets, including any other materials and briefs resulting from this Consultancy.

Within contract

Note: The Applicant is expected to have a team of experienced specialists from each WB economy in place, as all deliverables must be fully contextualised to each WB economy, including sourcing information from stakeholders, not only desk research.

The contract is expected to be carried out with an illustrative effort in the range of 10-12 consultancy days per each WB economy, plus an illustrative range of 10-12 days for the Team Leader for overall methodology, quality control and capacity development activities. The above stated days are illustrative only and the Applicant is expected to propose in its Offer and the

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concept note the optimal mix of Level of Effort (LoE) per WB economy, the LoE for the Team Leader and the overall LoE in order for the ToR deliverables to be delivered at highest standard.

The period of implementation of the contract is December 2021 – March/April 2022. Note that it is not expected that the experts are engaged for this entire period (December 2021- March/April 2022), however, the experts need to be available at required times during the contract period to address the feedback on draft WB economies’ roadmaps, reports and deliverables and for capacity building activities, as needed. The regional training event and the study tour will take place on the date to be specified by the RCC ESAP 2 project.

The indicative timeframe is stated above; the exact schedule will be agreed with the ESAP 2 project.

III PROFILE AND COMPETENCIES OF THE APPLICANT

The Applicant needs to have a team in place consisting of experts from each of WB economies:

Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, Republic of North Macedonia and Serbia with relevant expertise, per below; one of experts can be also the Team Leader to ensure consistency of roadmaps, or a separate Team Leader can be appointed with relevant skills and experience.

Qualifications:

Education:  Post-graduate degree in Economics, Labour Economics or related field.

Experience:

Qualifications and Skills Required:

 At least 12 years of relevant work experience in labour market policies, for the Team Leader (TL), with demonstrated experience and a demonstrated track-record in the WB region and internationally for similar assignments to those in the ToR;

 At least 10 years of relevant work experience in labour market reforms and policies in the relevant WB economy for the WB-economy experts and a demonstrated track-record in the WB region for similar assignments to those in the ToR;

 Technical expertise in analysing issues of employment, labour market policies, classification of expenditures related to the ALMPs in the Western Balkans and the EU (preferable for experts, required for TL), with

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the ability to draw strong and valid conclusions and develop actionable recommendations for institutional partners in the WB;

 Previous experience of working with labour market institutions (Ministries of Labour, Public Employment Services,) in the Western Balkans;

 Excellent communication and writing skills;

 Analytical skills and ability to conceptualise and write concisely and clearly;

 Able to interact with professionals of and representatives from the national administrations in the WB region.

Language requirements:

 Fluency in English, as the official language of the RCC;

 Fluency in languages of the WB, as relevant for WB-economy experts.

Core Values

 Demonstrates integrity and fairness by modelling RCC values and ethical standards;

 Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability.

Core Competencies

 Demonstrates professional competence to meet responsibilities and post requirements and is conscientious and efficient in meeting commitments, observing deadlines and achieving results;

 Result-oriented; plans and produces quality results to meet the set goals, generates innovative and practical solutions to challenging situations;

 Communication: Excellent communication skills, including the ability to convey complex concepts and recommendations clearly;

 Team work: Ability to interact, establish and maintain effective working relations in a culturally diverse team;

 Ability to establish and maintain productive partnerships with regional and national partners and stakeholders.

IV QUALITY CONTROL

The Applicant should ensure an internal quality control during the implementing and reporting phase of the assignment. The quality control should ensure that the draft reports comply with the above requirements and meet adequate quality standards. The quality control should ensure consistency and coherence between findings, conclusions and recommendations. It should

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also ensure that findings reported are duly substantiated and that conclusions are supported by relevant judgment criteria.

The views expressed in the report will be those of the contractor and will not necessarily reflect those of the Regional Cooperation Council. Therefore, a standard disclaimer reflecting this will be included in the report. In this regard, the Applicant may or may not accept comments and/or proposals for changes received during the above consultation process. However, when comments/proposals for changes are not agreed by the Applicant, he/she should clearly explain the reasons for his/her final decision in a comments table.

Quality Control by the Regional Cooperation Council

The Applicant outputs shall undergo external reviews by relevant stakeholders, including the representatives of the ESAP 2 project team, and the Regional Cooperation Council.

Application Rules

 Qualified Applicants are invited to send an application via e-mail to [email protected] no later than 29 November 2021.

 The assignment will be awarded to the highest qualified applicant based on the experience, expertise, and the quality of the concept note and the cost-effectiveness of the financial offer;

 The best value for money is established by weighing technical quality against price on a 80/20 basis;

 Only shortlisted Applicants might be contacted for a competency-based interview.

The application needs to contain the following:

 Technical Offer;

 Financial Offer.

Technical Offer for legal entities and consortia:

 Legal entities’ profile, including a brief description (up to 2 pages) of the entity. In case of a bidding consortium, the team leader should submit the profile of the consortium;

 Copy of Legal Entity’s Registration Certificate (in case of consulting companies/legal entities). In case of a bidding consortium, a corresponding written authorisation, power of attorney is treated accordingly;

 Financial records - balance sheet and profit-and-loss statement for the past 2 years (only in case of bidding of consulting companies);

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 CVs of all experts and the proposed Team Leader; each CV needs to highlight the specific expertise in the specific WB-economy the expert is proposed for, outlining relevant knowledge and experience as described in the Terms of References, along with contact details (e-mail addresses) of referees;

 Concept note describing the key issues, information, research and analytical tools to be employed by the Applicant as well as detailed proposal of the work to be undertaken and proposed timeline;

 List of references for relevant activities implemented over the past 5 years demonstrating relevant experience in the subject matter;

 Application Submission Form (Annex I);

 Signed Statements of Availability (Annex III).

Financial Offer, Annex II Budget

The financial offer should reflect the following:

 All figures should be expressed in EUR;

 VAT amount, if applicable, should be presented,

 The proposed budget should include daily fee rate for consulting services; the fee rates should be broadly consistent with the framework rates applicable in the region for these types of professional services.

Application need to be submitted by 29 November, 2021 to the following address:

[email protected]

EVALUATION AND SELECTION

The Assignment will be awarded to the highest qualified Applicant based on the evaluation of technical offer, per below matrix, and the cost-effectiveness of the financial offer.

The best value for money is established by weighing technical quality against price on a 80/20 basis.

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13 Evaluation rules:

The applications are evaluated following these criteria:

EVALUATION GRID Maximum Score

A. Technical Offer (A.1+A.2+A.3) 100

A.1. Work experience, references and general experience of the bidder:

Relevant work experience; evidence of other contracts of the nature comparable to that of the Call; experience with clients comparable to the Contracting Authority.

30

A.2. Quality and professional capacity of the consultant(s):

CVs satisfy the criteria set forth in the ToR, education and experience demonstrate professional capacity and experience required.

35

A.3 Quality of the Concept Note:

Concept Note describing the main issues, methodology, data sources, and tools to be employed as well as approach to the work to be undertaken.

35

B. Financial Proposal/lowest price has maximum score

100

Score for offer X =

A: [Total quality score (out of 100) of offer X / 100] * 80 B: [Lowest price / price of offer X] * 20

In addition to the results of the technical and financial evaluation, a competency-based interview might be held with the selected Applicants.

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ANNEX I: APPLICATION SUBMISSION FORM

REF 108-021

One signed copy of this Call for Consultancy Submission Form must be supplied.

1 SUBMITTED by:

Name of the Enttity Contact person:

Address Telephone Fax e-mail

3 DECLARATION

[Name ] ______________ hereby declares that we have examined and accepted without reserve or restriction the entire contents of the Call for Consultancy….

And we are not in one of the following situations:

(a) Bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b) Have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata;

(c) Have been guilty of grave professional misconduct proven by any means which the Contracting Authority can justify;

(d) Have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the Contracting Authority or those of the country where the contract is to be performed;

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(e) Have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity.

(f) Are civil servants or other agents of the public administration of the RCC Participants, regardless of the administrative situation, excluding us from being recruited as experts in contracts financed by the RCC Secretariat.

We offer to provide the services requested in the call on the basis of supplied documentation subject of this call, which comprise our technical offer and our financial offer.

Name and Surname Authorized Person Signature

Date

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16 ANNEX II: BUDGET BREAKDOWN

REF: 108-021

No Cost categories Fee rate Total Cost

2 TOTAL COSTS

3 VAT (if applicable):

GRAND TOTAL (2+3):

Proposed daily fee rate for consulting services should be broadly consistent with the framework rates applicable in the region for these types of professional services.

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17 ANNEX III: STATEMENT OF AVAILABILITY REF: 108-021

By representing the Entity_________________________ we agree to participate in the above- mentioned tender procedure. We further declare that we are able and willing to work for the period(s) foreseen for the position for which our CVs have been included in the event that this tender is successful, namely:

Full Name Available from (Date)

Available until (Date)

Acceptance by signature

Number of man-days associated to each task from the ToR

References

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