Nabavka konsultantskih usluga za procjenu nivoa usklađenosti zakonodavstva zapadnog Balkana sa EU elDAS regulativom i interoperabilne spremnosti u regionu Zapadnog Balkana (WB)

Open Call for Consulting Services

Reference Number 032-019

Title:  Assessment of the level of approximation of Western Balkans legislation with EU elDAS regulation and interoperability readiness in Western Balkans region (WB)

Subject: Support to RCC Secretariat to the preparation of an assessment for the level of approximation of Western Balkans legislation with EU eIDAS regulation and other aspects connected with electronic identification and trust services as part of the Multi-annual Action Plan for a Regional Economic Area (MAP REA) in the Western Balkans Six

RCC Department:  Programme Department

Eligible: Respective consulting companies or individual consultants within bidding consortia (1 Key expert + 2 Experts)

Reporting to:  RCC Secretariat

Duration: 1 November until 30 December 2019.

Deadline for application:   28 October 2019

Reference Number: 032-019

TERMS OF REFERENCE:

I BACKGROUND

Purpose

The expert team will support the Western Balkans and RCC Secretariat in conducting a thorough assessment of the level of approximation of the national legislation with EU eIDAS
egulation1 and interoperability readiness in WB as well as mapping of relevant national legislation having an implication due to harmonisation with eIDAS regulations to support activities connected with interoperability and mutual recognition of trust services, as part of MAP REA, adopted on 12th July 2017 at the occasion of Trieste Western Balkans Summit.

Background information

The MAP REA puts forward a structured agenda for regional economic integration promoting further trade integration, introducing a dynamic regional investment space, facilitating regional mobility, and creating a digital integration agenda. It stems from the commitments undertaken within the framework of the Central European Free Trade Agreement and South East Europe 2020 (SEE 2020) Strategy and is based on EU rules and principles as reflected in the Stabilisation and Association Agreements.

Digital Integration is one of the components of MAP REA and measures therein aim to integrate the region into the pan-European digital market on the basis of a future-proof digitisation strategy, an updated regulatory environment, improved broadband infrastructure and access as well as digital literacy. Embracing digital transformation, ensuring greater availability of digital infrastructure, and enabling better regulatory framework and level playing field can help our region grow, increase the convergence rates with the EU, improve the business environment and encourage cross-border services, thus offering better life for the citizens.

In addition, Digital Agenda for Western Balkans launched on 25-26 June 2018 aims to support the digital transformation, improve service delivery for the citizens and businesses and help Western Balkans in the preparations to integrate better into the EU Digital Single Market.

Progress in all aspects of digital agenda is noted across Western Balkans, though it varies among economies and specific areas. On e-service delivery, all economies are progressing. Hence, all Western Balkans economies have adopted e-authentication frameworks and made progress in improving their e-authentication schemes. In particular, Albania, Montenegro, the Republic of North Macedonia and Serbia have already transposed eIDAS in new laws while in Kosovo* the process is at an advanced stage and in Bosnia and Herzegovina the new law is in the approval process. Yet, the bylaws are not completed in all economies. The level of harmonisation of national legislation with eIDAS regulation may vary and compliance is yet to be assessed. E-government services are gradually being aligned with the National Interoperability Frameworks which are functional in some of the economies and in others not yet.

II DESCRIPTION OF RESPONSIBILITIES Objectives and scope of the assignment

The overall objective of the consultancy is to conduct the assessment of the level of compliance of national legislation in each Western Balkans economy with eIDAS regulation
1 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC
as well as WB interoperability readiness by reviewing all table of concordance(s) in WB for primary and/or secondary legislation, if available, available screening reports for Serbia and Montenegro on Chapter 10 as well as any report based on explanatory sessions for the economies having candidate status. In addition, EC report(s) and any assessment connected with the developments in the area of approximation with eIDAS regulation and trusted services should be considered. The assessment of interoperability frameworks/IT systems/standards/compliance should consider EU practice.

The results of the exercise will be presented in the report which will contain the overall regional assessment, ongoing activities and relevant support to align policies in each Western Balkans economy with eIDAS regulation and recognition of trusted services. In addition, the report will contain one chapter per each Western Balkans economy providing detailed assessment on approximation of the national legislation with eIDAS regulation and follow-up recommendations on any additional approximation needed per each economy.

For this purpose, a team composed of 3 experts is planned to be engaged, each conducting the assessment in the scope of his/her area of expertise, for all economies. The key expert will be additionally in charge of collating and editing draft and final reports to be submitted.

The scope of services under this assignment includes achievement of the following:

1.    Assessing regional development and development in each Western Balkans economy connected with trust services and electronic identification based on eIDAS regulation;

2.    Assessing the level of compliance of national legislation with eIDAS regulation, both primary and secondary legislation, in each Western Balkans economy;

3.    Mapping the other relevant national legislation in each Western Balkans economy relevant for full implementation of trust services and electronic identification based on eIDAS regulation;

4.    Mapping of the national structures/institutions responsible for approximation and

implementation of the legislation on trust services and electronic identification based on eIDAS in each Western Balkans economy;

5.    Mapping trust services in each WB economy as well as Certified/Qualified Trust

Service Providers, if any;

6.    Analysing the existing agreements on the recognition of trust services with the aim to

provide recommendations on next steps, as needed;

7.    Consulting with Western Balkans institutions and representatives of relevant regional

organisations on all key findings and recommendations;
8. Preparing the final report covering all points included in these Terms of Reference, including, but not limited to the assessment of compliance of approximation of national legislation with eIDAS, mapping of trust services and other related aspects connected with recognition of trust services.

In all its stages, the report(s) will be developed in close consultation with the RCC Secretariat and in coordination with WB.

In the first stage when a detailed outline and methodology of the reports are to be developed in cooperation with the RCC Secretariat, a preparatory meeting and/or conference call with the entire team of the contracted experts and the RCC Secretariat may be held, time and date to be agreed.

Tasks

•    Assessing regional development and development in each Western Balkans economy connected with trust services and eIDAS regulations, including, but not limited to:

a.    Analysis and desk research of the current state of play in implementation of the obligations deriving from EC report(s) on eIDAS regulation alignment and trust services, including mapping of the national legislation;

b.    Desk research of available studies, analyses, strategic documents, reports and recommendations relevant for trust services;

c.    Desk research of existing donor support in each economy in the area of eIDAS and trust services;

•    Mapping and analysing the compliance of the national legislation with eIDAS, both primary and secondary legislation, in each Western Balkans economy, as well as providing recommendations for each economy on any additional legislative approximation needs with clear reference to the concrete articles of the relevant national legislation and EU acquis, whenever possible, with the main goal of allowing the use of trust services and recognition of electronic identification based on eIDAS without any barrier;

•    Mapping of the national structures/institutions responsible for approximation and implementation of the legislation connected with electronic identification and trust services based on eIDAS, providing a comparative analysis among WB on functions and responsibilities of these institutions as well as providing recommendations on capacity building, if appropriate;
•    Identifying and mapping trusted services in each WB economy as well as Certified/Qualified Service Providers, if any, and providing recommendations whenever possible on their capacities related to recognition of trusted services;

•    Analysing the existing agreements on the recognition of trust services and providing recommendations and proposing concrete actions on what should be done to ensure proper implementation/assessment of interoperability readiness in WB, as appropriate;

•    Consulting with Western Balkans institutions and representatives of relevant regional and international organisations in order to:

a.    Present key findings for each Western Balkans economy and the concrete recommendations;

b.    Allow for regional consultation and dialogue on actions to be taken at national and regional level;

•    Preparing the final reports covering all points included in these Terms of Reference, and sharing them with the RCC and WB economies.

Deliverables

The following deliverables will be produced and transferred to the RCC during the course of the assignment:

•    Methodology and work plan;

•    Draft reports for each Western Balkans economy encompassing all aspects defined in these Terms of Reference (i.e. the level of approximation of the national legislation, both primary and secondary, with eIDAS and key recommendations on any additional legislative harmonisation needs, list of trust services as well as a list of Certified/Qualified Trust Service Providers, etc.);

•    Final report, incorporating all relevant comments provided by the Western Balkans economies, RCC Secretariat, EC services and relevant regional and international organisations and covering all aspects defined in these Terms of Reference.

Methodology

The expert team is expected to come up with the best approaches for undertaking this task. However, the following guiding principles should be taken into consideration:

i. Desk review of all existing reports and/or assessments relevant to the key tasks covered by these Terms of Reference;
ii.    Desk review of primary and secondary legislation related to adoption of eIDAS regulation and implementation of trust services and electronic identification;

iii.    Desk review of any assessment/table of concordance prepared in each Western Balkans economy on the level of compliance of national legislation with eIDAS regulation, screening reports for Serbia and Montenegro on Chapter 10 (the part connected with eIDAS) as well as any report based on explanatory sessions for the economies having candidate status.

iv.    Any other methods applicable.

To achieve the objectives of these Terms of Reference, the team of experts will visit all WB economies and discuss in advance all findings from the desk research with the relevant institutions. With regard to this, Digital Component Contact Points responsible for coordination of actions under the Digital Agenda for the Western Balkans should be the key contact(s) in each economy.

Key expert will be appointed and clearly stated in the proposal and will be acting as a key interlocutor for RCC Secretariat for the execution of this assignment.

Lines of Communication

- The key expert will report to the RCC Secretariat. After each activity, a detailed report will be prepared and sent to the RCC Secretariat for review and approval of deliverables.

Timeframe

The engagement is expected to start on 1 November and end on 30 December 2019.

Timeframe

The expert team is expected to use up to 50 days for this assignment, with 15 days available for each of 3 experts and 5 additional days which will be used by key expert for the purpose of editing and finalisation of reports. The assignment will be starting in 1 November 2019 and ending in 30 December 2019.

III COMPETENCIES

Qualifications:
Team Leader (Key Expert)

Supporting Expert(s)

Core Values

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

-    He/she is independent and free from conflicts of interest in the responsibilities defined by the Terms of Reference;

-    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 expert should ensure an internal quality control during the implementing and reporting phase of the assignment. The quality control should ensure that the draft reports and deliverables comply with the above requirements and meet adequate quality standards before sending them to stakeholders for comments. The quality control should ensure consistency and coherence between findings, conclusions and recommendations. It should 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 reports. In this regard, the expert 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 expert, he/she should clearly explain the reasons for his/her final decision in a comments table.

Quality control by the Regional Cooperation Council

The consultant outputs shall undergo two external reviews. The first draft shall be reviewed in parallel by all relevant stakeholders, including the representatives of the dimension coordinators and the Regional Cooperation Council.
The final (second) draft shall be reviewed by the Regional Cooperation Council taking account of the comments made by the different stakeholders and how the expert has handled these comments. The approved final report will be subject to a quality assessment by SEE 2020 Strategy Coordination Unit of the Regional Cooperation Council, upon whose endorsement the reports and deliverables would be distributed and made public.

IV APPLICATION RULES

The application needs to contain the following:

For companies and consortia:

•    Company profile including a brief description (up to 2 pages) of the company. In case of a bidding consortium, the team leader should submit the profile of the consortium;

•    Copy of Company's Registration Certificate (in case of consulting companies).

•    In case of bidding consortia of individual consultants participating in this Call, they must indicate the members and show how the work is divided between them. Specifically, all members must name the team leader and authorise this member to represent the consortium and receive payments on behalf of the other members. A corresponding written authorisation, power of attorney must be attached to the bid.

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

•    CV of an expert(s), outlining relevant knowledge and experience as described in the Terms of References, along with contact details of referees;

•    A short concept of the Study with a proposed methodology to be used, scenarios to be developed, data to be collected with relevant data sources, indicating how the assignment will be carried out. The concept should also have a description of activities, tools to be used by the team of experts as well as the clear scope of the assignment proposed by the applicant. The concept note should also include roles and responsibilities of each member of the team. The concept should not exceed 4 pages;

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

•    Service Tender Submission Form (Annex I);

•    Financial offer, as per the Budget (Annex II);

•    Signed Statements of Exclusivity and Availability (Annex III).

Applications need to be submitted by 28 October 2019, by 17:00 Central European Time to the following address ProcurementforRcc@rcc.int

I. EVALUATION RULES

The consultancy will be awarded to the highest qualified bidder based on the relevance of skills and expertise to this assignment.

The applications are evaluated following these criteria:

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, competency-based interview will be held with the selected bidder.

Information on selection of the most favourable bidder

The RCC Secretariat shall inform candidates and bidders of decisions reached concerning the award of the contract as soon as possible, including the grounds for any decision not to award a contract for which there has been competitive tendering or to recommence the procedure.

Standard letter of thanks for participation to unsuccessful bidders shall be sent within 15 days after the contract is signed with the awarded bidder.

The candidates and bidders wishing to receive a feedback may send a request within 15 days after receipt of the standard letter of thanks.

The request may be sent to the e-mail address ProcurementforRcc@rcc.int or to the address of the RCC Secretariat:

Regional Cooperation Council Secretariat Attention to: Administration Department

Building of the Friendship between Greece and Bosnia and Herzegovina Trg Bosne i Hercegovine 1/V 71000 Sarajevo Bosnia and Herzegovina

Appeals procedure
Bidders believing that they have been harmed by an error or irregularity during the award process may petition the RCC Secretariat directly. The RCC Secretariat must reply within 15 days of receipt of the complaint.

The appeal request may be sent to the e-mail address ProcurementforRcc@rcc.int or to the address of the RCC Secretariat:

Regional Cooperation Council Secretariat Attention to: Administration Department

International Open Call for Consulting Services (Ref. No. 032-019) 

Building of the Friendship between Greece and Bosnia and Herzegovina Trg Bosne i Hercegovine 1/V 71000 Sarajevo Bosnia and Herzegovina