Ministry of Sustainable Development and Tourism
Environmental Protection Agency
Montenegro Industrial Waste Management and Clean-up Project (IWMCP)
Request for Expressions of Interest
Expert on Construction law / FIDIC Contract and Dispute -home based
Loan No. 8428-0 ME
Reference No. MNE-IWMCP-8428-CS-IC-220.127.116.11.2
The Government of Montenegro has received financing from the World Bank toward the cost of the Industrial Waste Management and Clean-up Project, and intends to apply part of the proceeds for consulting services. The IWMCP aims to (i) reduce the environmental and public health risks of selected industrial waste disposal sites through investments in environmental control measures and infrastructure for management of industrial waste; and (ii) strengthen institutional capacity to regulate and manage industrial and hazardous waste.
The project consists of the following components:
- Remediation of historic industrial waste disposal sites;
- Future Industrial Hazardous Waste Management;
- Project Management.
The Ministry of Sustainable Development and Tourism (MSDT)/Environmental Protection Agency (EPA) intend to apply part of the proceeds of this loan towards payment for consulting services under the contracts for Individual Consultant: Expert on Construction law / FIDIC Contract and Dispute
The individual consultant is expected to provide technical assistance to the MSDT/EPA and Project Management Unit (PMU). He/she will report to and take guidance from the Project Manager of the PMU and Director of the EPA. Specifically the Expert on Construction law / FIDIC Contract and Dispute is expected to carry out the following tasks:
· Get familiar with the detail technical aspects of the remediation and characteristics of each of the sites
and, within His/hers expertise and upon written requests by Project manager:
- Review draft of the Works and Supervision Contracts prepared by PMU and advise on improvement, propose and formulate changes and with due diligence inform on any potential “downsides” for the Employer that may arose in execution phase (specificity of the each of the sites and activities proposed must be taken into account).
- Provide advices to secure consistency of the draft Contracts and their harmonization (i.e. Contract for Works and related Supervision Contract)
- Provide legal and practical advice and assistance in drafting necessary agreements with national industries and other identified stakeholders that are relevant for smooth implementation of construction works in each of the sites. Secure consistency of those agreements with Employers obligations towards implementation of Construction and Supervision Contracts.
(Pre-qualification, tendering and contracting phases)
- Answer particular Questions related to Civil Engineering Contracts administration, using of FIDIC/ WB contracting Procurement procedures and documents (e.g. variations, contract clauses interpretation, request for change of clauses, all post contract procedures, valuations and certificates questions, liability, extension of time issues and prolongation cost matters, etc.)
- Answer particular questions related to the Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes, site instructions etc.
- Answer particular questions related to Quantification, measurements and Estimating questions
- Provide practical guidance on arbitration, adjudication, mediation and dispute boards mechanisms
He/she will take guidance from the Project Manager of the PMU and the Director of the EPA and work in this assignment solely as adviser for protection of Employer’s interests.
Required qualification and criteria for selection of the consultant will be:
- University degree in a relevant field (Civil engineering, Law, Geology, Mining or similar), 30 points;
- At least 10 years of professional experience out of which at least 5 years of experience in managing FIDIC and WB Construction/Works contracts (preferably as Supervision Manager or/and Legal adviser), 40 points;
- Excellent knowledge of construction Law (English based), 10 points;
- Knowledge of the regional/local construction Law/legal system will be advantage, 10 points;
- Fluency in English language with strong written, oral communication and listening skills, 5 points;
- Possession of a certificate issued by the authorities who provide the training/courses will be considered as advantage, 5 points;
------------------------------------------------------------------------------------Total 100 points;
- Demonstrated ability in working in teams.
- Computer literacy
The Consultant is expected to be available to commence as in October 2017. The Consultant shall work closely together with the MSDT/EPA, PMU and TSU.
The successful applicant will be recruited on a part –time contractual basis for a period of 1 year. Initial probation period of 3 months will apply. Contract can be renewed on an annual basis up till the end of the project and based upon performance.
The MSDT/EPA through the Technical Service Unit (TSU) now invites eligible individual consultants to indicate their interest in providing the services. Interested consultants must provide information indicating that they are qualified to perform the services (CV, description of similar assignments performed, experience in similar conditions, letters of recommendation, etc.). Individual consultants may be offered through firms or other organizations, but the qualifications of the individual consultant will be the basis of selection.
A consultant will be selected in accordance with the selection of Individual Consultants-IC procedures set out in the World Bank’s Guidelines: Selection and Employment of Consultants by World Bank Borrowers (January, 2011. Revised 2014) setting forth the World Bank’s policy on conflict of interest. Interested consultants may obtain further information at the address below from 9-15 hours local time.
Expressions of interest must be delivered to the address below by October 2, 2017. 14,00h CET. EOI can be submitted Via E-mail or in envelope and must clearly indicate project name, subject number and sender details.
Ministry of Finance
Technical Service Unit -TSU
Attn: Zoran Mijović, S. Procurement officer
Address: Jovana Tomasevica 2.
(Stara zgrada Vlade -Office 48.)
81000 Podgorica, Montenegro
Tel: +382 20 201-697
Fax: +382 20 201-698