Terms of Reference: Consultant for Development of Guide and Training Curriculum on Corruption Proofing in Parliaments and Overseas Trainings in Iraq and Thailand
ISSUED ON SEPTEMBER 9, 2022
Anti-corruption and strengthening integrity in governance are front and center in global conversations, while the design and application of an anti-corruption lens or mainstreaming preventative solutions across development sectors is also a frequent talking point.
Awareness and technical support are needed so that legislators can consider new tools to address integrity challenges. To support decision makers in identifying and implementing innovative approaches to strengthening integrity, the National Democratic Institute (NDI) is implementing a project on corruption proofing for inter-sectoral integration. Strong legislative expertise is integral to ensure that the supporting legal frameworks render the expected integrity outcomes. Raising awareness among and increasing the capacity of parliamentary actors to utilize such tools would provide long term benefits in anti-corruption efforts.
Corruption proofing is a preventative measure that involves the ex ante review of legal acts (primary and secondary legislation, as well as other regulations) in order to minimize the risk of future corruption. A promising approach to corruption prevention, corruption proofing is a relatively new area of focus (which emerged in the early 2000s) and has only gained traction in a limited number of countries so far (13 as of 2015), with some good practices emerging from Eastern and South East Europe. The risk factors that corruption proofing is meant to identify may include, but are not limited to unclear or ambiguous wording, conflicting provisions, and excessive duties or exemptions. These are different from the corruption risks that these factors can generate once legislation is put into practice and which can include a de facto facilitation or legalization of corruption and corruption-related offenses, such as illicit enrichment, abuse of office, money laundering, and preferential procurement.
Parliaments can play an important role in instituting a framework for this type of preventive corruption assessment by creating the legal framework necessary for corruption proofing, including designating the government agency in charge of conducting corruption proofing assessments, mainstreaming it across legal drafting together with other transparency and public participation methods, and acting upon recommendations and improving legal acts once the assessments have been completed. Corruption proofing requires the application of specialized legal techniques for reviewing and improving legal acts. It can improve the overall quality of legal acts and enhance public debate, which brings new perspectives and scrutiny to the legal process.
NDI will support the parliaments of Iraq and Thailand with technical cooperation and assistance in developing corruption proofing methodologies and testing them.
PURPOSE & GENERAL SCOPE OF SERVICES
NDI requests proposals for consultants to develop a corruption proofing methodology/guide for parliaments and a training toolkit, and conduct consultations, trainings and exercises with parliamentary staff in Iraq and Thailand. NDI would review and approve the specific corruption proofing methodology/guide and training materials, select participants with partners and handle all logistics such as travel.
The consultant will be responsible for, but not limited to, the following deliverables:
- An initial review of existing methodologies – including recent updates and lessons learned – from countries that implement some form of corruption proofing, as well as based on more general legal drafting rules;
- In consultation with relevant stakeholders and partners, develop a step-by-step guide in Fall/Winter 2022, specifically for parliamentary actors that includes the necessary legal, institutional and technical accommodations that legislatures may need to make when adopting corruption proofing including a specific focus on the legal drafting component, as well as concrete recommendations for parliamentary staff in implementing corruption proofing;
- Adapt the guide into a training kit for parliaments which would offer practical advice and exercises;
- Leverage the guide during in-person trainings in Iraq and Thailand to familiarize parliamentary staff with the main concepts and methodologies for corruption proofing of legislation;
- Participate in briefings for audiences that may include members of parliament on the methodology and process, as well as the benefits of incorporating corruption proofing in the legal drafting activities;
- Participate in a virtual conversation with participants – including from Thailand and Iraq – and international experts to discuss the methodologies developed and piloted and their practical application;
- Provide ad-hoc and virtual technical assistance to program partners and relevant stakeholders in Thailand and Iraq;
- Participate in international events to present the guide and results of the project
NDI will retain all rights to the final product, including the corruption proofing for parliaments guide and content thereof, and the right to modify, publish and/or distribute the product – in whole, or in part – online and in print form.
This contract is expected to last from approximately October 2022 to Summer 2023. NDI will determine the exact number of contract days based on additional information. The consultant is expected to make one trip to each country for in-person trainings tentatively planned to take place in Spring 2023. The exact timeline for travel will be determined with the successful bidder throughout the duration of the contract.
QUALIFICATIONS AND EXPERIENCE
Please indicate in the proposal your qualifications for the scope of services in addition to your ability to oversee and conduct trainings based on the training curriculum that is developed in Iraq and Thailand. Please include a monetary bid (daily rate) for completing such work and any additional information pertinent to the selection process. To assist NDI in assessing your qualifications, your proposal should include the following:
- Description of previous experience in conducting the types of research and training NDI is seeking to contract;
- A list of previous clients;
- As applicable, a sample of a training curriculum or written articles or report on similar topics;
- A brief plan on how the consultant intends to conduct the research and complete the assigned tasks, including the number of days required;
- At least two references; and
- Detailed daily rate.
- Expertise on corruption proofing methodologies
- International experience working with or for governments
- Fluency in written and spoken English
- Ability to travel to Iraq and Thailand
- International experience working in Iraq and/or Thailand
- Knowledge of Thai and/or Arabic is a plus
- Experience conducting trainings on similar topics for parliaments
CONTACT DETAILS AND SUBMISSION GUIDELINES
Please submit bids and proposals via email to email@example.com by September 30, 2022 (early submissions welcomed). Only electronic submissions will be accepted and questions shall be directed to the above-mentioned email.
NDI will evaluate bids based on the individual’s ability to meet the description of services needed, experience and price. NDI reserves the right to reject any and all bids. The Institute reserves the right to consider bids for modification at any time before a contract is awarded. NDI reserves the right to select all or just components of the services. NDI shall not be liable for any costs associated with the preparation, transmittal, or presentation of any materials submitted in response to the RFP. Proposals are expected to be binding for a period of one year from the published response date.
Bidders must provide disclosure of any known past, present or future relationships with any parties associated with NDI. For example, applicants should disclose if a member of their Board is also a member of NDI’s Board currently or in the past. The bidder also certifies that the prices offered were arrived at independently and without purpose of restricting competition with other offerers including but not limited to subsidiaries and that prices have not been and will not be knowingly disclosed to any other offerer unless required by law. Failure to comply with these requirements may result in NDI having to re-evaluate the selection of a potential bid.
NDI is a nonpartisan, nongovernmental organization that responds to the worldwide quest for popular civic participation, open and competitive political systems, and representative and accountable government. Since its founding in 1983, NDI and its local partners have worked to establish and strengthen democratic institutions and practices by building political and civic organizations, safeguarding elections and promoting citizen participation, openness and accountability in government.
NDI began supporting local democratization efforts with reform-minded Iraqi politicians in 1999, and formally established its in-country presence in 2003. Since 1994, NDI has worked to strengthen Thai civil society, political parties and democratic institutions.
You can learn more about the Institute at our website, http://www.ndi.org.
Please disregard the application link below as submission instructions are posted above.