SCOPE OF WORK

Kosovo Municipal Integrity (KMI) activity

1. Background:

USAID’s Kosovo Municipal Integrity activity addresses long-standing challenges related to corruption and poor-quality service delivery by the Government of Kosovo by enhancing public financial management (PFM), with a focus on municipal procurement, and by reinforcing accountability mechanisms both within government and outside of government through civil society, the private sector, and media.

The four objectives of this activity are:

• National accountability agencies provide more effective and coordinated financial oversight.
• Governments increase use of good practices in budget planning, public procurement, and contract management.
• Government advances norms and practices that support internal audit and accountability.
• Civil society, media, and the private sector improve the integrity of public and private sector actors in public procurement.

2. Objective:

The objective of this assignment is to conduct a comprehensive assessment that identifies needs for improving /developing an efficient registry for Economic Operators (EOs), including gathering, storing, and processing detailed information on beneficiary ownership. The enhancement of the EOs register is of paramount importance in fostering transparency, efficiency, and trust in public procurement activities.

This assessment will map the current status of EOs registration and data collection practices carried out by various responsible government agencies in Kosovo. It will also conduct an analysis of practices in EU and Easter European countries and develop concept paper. The concept paper shall include recommendations on most relevant solutions for Kosovo in developing an efficient EOs registry pertaining to public procurement.

Efficient EOs registry will positively impact on:

Reducing Risks of Corruption: A well-structured, comprehensive EOs registry compels businesses to adhere to best practices and maintain their reputations. This is because their records and histories are transparently available, which can influence their chances of winning public procurement contracts. Consequently, businesses are more inclined to operate ethically and transparently.

Promoting Cross Agency Cooperation: A well-structured. comprehensive EOs registry creates an enabling environment for developing cross-agency cooperation and interoperability systems for information and data exchange. This ensures that businesses participating in public procurement are legitimate, trustworthy, and operate with high standards of integrity.

Strengthening Public Trust: As public funds are used for procurement activities, there's a vested interest for the public to ensure that these funds are utilized carefully and without misconduct. An enhanced EO registry assures the public that businesses involved in procurement are scrutinized thoroughly, fostering a greater sense of trust in the procurement processes and the agencies involved.

The contracted STTA will assess and map the current registries and processes related to information and data on EOs lead by various government agencies such as (but not limited to): Public Procurement Regulatory Commission, Kosovo Business Registry, Tax Administration of Kosovo and others. Additionally, it is critical that assessment is conducted against requirements that yield from the draft law on the Register of Beneficial Owners, which was approved by government on 22 November, 2023 and now will be taking through parliamentary adoption process, as well as the Kosovo law on Business Organizations.

This assessment, will offer crucial insights into the potential for positive impact and significant contributions towards enhancing the registration and data collection processes for EOs participating in public procurement. By starting with an in-depth analysis at the PPRC, the assessment will ensure a focused and relevant approach, aligning closely with the core objectives of public procurement regulation and oversight. This strategic activity is expected to lay the groundwork for comprehensive improvements in the EOs registration system, thereby fostering greater transparency and efficiency in public procurement activities.

3. Specific Tasks and Responsibilities:

Under this SOW STTA through close cooperation with KMI’s senior management and both Objective 1 and Objective 4 teams, will carry out the following tasks:

• Conducting a thorough identification and mapping of government agencies and their respective processes involved in the registration of EOs. This task includes a detailed analysis of the types of information and data each existing registry encompasses. Additionally, it involves determining existing gaps and inefficiencies in these processes, as well as identifying potential needs and opportunities for enhancement and optimization;
• Undertaking a comprehensive desk review of the legislative and regulatory frameworks pertaining to the registration of EOs. This includes a detailed examination of the newly drafted 'Register of Beneficial Owners' law. The review will also encompass a thorough analysis of all relevant legislative and procedural guidelines that govern the registration, data collection, and data exchange processes involving EOs among various government agencies;
• Performing an in-depth research and analysis of best practices adopted in EU and Eastern European countries regarding the registration and data collection processes for EOs, and use of such data in public procurement procedures. This task involves examining and comparing the methodologies, systems, and technological tools used in these regions to identify effective practices that could be adapted and implemented in the Kosovo context;

Note: The STTA will initially propose a selection of 3-4 countries from the EU and Eastern European region that are deemed relevant for a comprehensive desk review and analysis, aimed at identifying and understanding international best practices. The final decision on the specific countries to be included in this analysis will be made following consultations with the KMI senior management and the teams working on Objective 1 and Objective 4 ensuring a strategic and informed choice that aligns with the project's goals and context.

• Creating a comprehensive PowerPoint Presentation (PPP) for the purpose of debriefing with USAID. This presentation will not only showcase the findings and preliminary recommendations but also facilitate a detailed discussion regarding KMI's potential involvement in enhancing the registration and data exchange systems for EOs. Additionally, the debriefing session, supported by the PPP, will be instrumental in identifying and defining the most appropriate agency or agencies for KMI to engage with in this endeavor;
• Following the debriefing sessions with USAID and KMI teams, the task involves developing a detailed concept paper that outlines KMI's potential role in the implementation and development of a comprehensive registry for EOs. This concept paper should encompass, but not be limited to, the following elements: identification of key areas ripe for engagement, the specific needs justifying this engagement, potential partner agencies for collaboration, and a list of specific activities recommended for KMI's involvement. Additionally, the paper should project the high-level outcomes expected from this engagement, along with a clear articulation of underlying assumptions and potential risks associated with the project.

4. Duration:

• Duration for this SOW is 2.5 months, commencing from January 15, 2024 to March 25, 2024.

5. Deliverables:

• An Assessment Report, aligned with the tasks specified in Section 3, 'Specific Tasks and Responsibilities.
• A presentation for USAID debriefing
• A concept Paper, as outlined in the tasks under Section 3, 'Specific Tasks and Responsibilities.

6. Qualifications:

• Proven experience in broad scale, multi-component assessment, including (but not limited to): organizational systems, e-solutions, and comprehensive desk research, which also includes research /analysis of the international practices.
• Knowledge /experience of EOs activities and registration systems
• Ability to conduct desk research/analysis of legislative frameworks related to EOs activities and to collaborate with various government agencies in matters of business registration, procurement etc.
• Familiarity with public procurement processes and best practices.
• Strong communication and documentation skills.
• Ability to work collaboratively with multiple stakeholders.
• Knowledge of languages: Albanian, English – desired.

Applicants are requested to submit their CVs to the following email account: [email protected] under the title " Economic Operator Registration and Management System".