Request for Proposals(RFP): Consultant Services for the Provision of Electoral Research and Advisory Consultant Services in Somalia(SSFMR-037-C01)

Background

The Somalia Stability Fund (SSF) is a multi-donor fund working towards a peaceful, secure, and stable Somalia. It offers Somali stakeholders a source of multi-year funding that can respond to local needs and opportunities.

The Stability Fund aims to contribute to enhancing stability in Somalia through the following programmatic outputs:

1. Fault-lines for political conflict (FGS-FMS, inter & intra state) are identified and appropriately addressed
2. Enhanced popular participation in governance, particularly for women and excluded communities
3. Increased government visibility and community engagement
4. Reduced community vulnerability to conflict

Throughout 2021, SSF will prioritise three broad areas; sub-national democratisation, district council formation, and reconciliation

SSF invites eligible and qualified entities (“Bidders”) to submit proposals in response to this RFP for the Provision of Electoral Research and Advisory Consultant Services in Benadir Regional Administration, Galmudug State, South West State of Somalia and Puntland State of Somalia (Ref #: SSFMR-037-C01)

Introduction

In 2019, SSF provided some early support to further the democratisation agenda in Puntland State. This support included a multi-stakeholder conference on democratisation and supporting the Transitional Puntland Election Commission (TPEC) to finalise their Strategic Plan. The Fund also supported TPEC in conducting a review of the legislative framework for local government elections and an options paper that provides advice on how the election can be delivered costeffectively, including reviewing available voter registration options. In addition, SSF commissioned a conflict risk assessment for the Local Government Elections to determine likely conflict flashpoints and how these might be best mitigated.

SSF now seeks to expand its work on state-level democratisation both in Puntland State (PS) and to the other Federal Member States, particularly Galmudug State of Somalia (GSS); South West State (SWS), and the Benadir Regional Administration (BRA). As part of SSF’s support to sub-national democratisation, a supplier is sought to provide a range of electoral advisory services including, research and analysis as well as technical advice.

The electoral advisory services aim to support review and improvements of the existing laws as necessary or support new legal frameworks for local elections in PS, GSS, SWS, and BRA. The focus will be on enhancing, amending, or drafting legislation and building the election management bodies’ capacity in GSS, SWS, and BRA. This is an opportune time to support the electoral, legislative framework because GSS and SWS have recently held an electoral process. The resulting administrations have time before the next elections to improve the elections process and these states have shown interest in working on these critical issues. Likewise, demands for more democratic councils in BRA has been high. The intervention is based on the assumption that the existing legislative framework can be strengthened in time to provide a clear and sufficiently detailed legal framework that is unambiguous, understandable and transparent and that nascent electoral management bodies can be appropriately capacitated.

Purpose

The purpose of this consultancy is to provide expert advice to SSF and its partners (donors, the Federal Government of Somalia (FGS), GSS, SWS, BRA, and Local District Administrations, and implementing partners). The consultant firm will provide the following key support functions through a framework contract:

1. Legal review
2. Legislative drafting
3. Secondment of election experts
4. Training of electoral management bodies/ministries
5. Provision of electoral advisory support to SSF, key government partners and SSF donors
6. Provision of pass-through capability for delivery of major electoral components

These key support functions are further elaborated in Section of the TOR.

Approach and methodology

The systematic legal review will identify significant legal obstacles and opportunities for improvements based on international best practices and firmly rooted in country contexts. The legal review will determine if revisions to the existing framework is needed and if new legislation action is required. The review methods may include establishing an advisory group or committee with relevant stakeholder representatives from agencies and departments or working directly with a new election management body or the respective state-level Ministry of Interior.. A review of key documents, existing laws, or constitutional provisions for local elections in GSS, SWS, and BRA will be conducted. The legal review framework is based on international standards with an analysis of existing legal provisions made against a matrix of best practices. A diagnosis of the quality of existing electoral laws or constitutional provisions will be produced.

Scope of work and deliverables

The successful bidder shall enter into a framework contract with SSF for which the following scope of the work shall be issued through a set of further defined task assignments with specific TORs and expected level of effort for the experts.

• Legal review: Reviews of the electoral legislative framework will be required in GM, SW, and BRA. The legal review framework will be based on international standards. A review of key documents is to be conducted for existing laws, constitutional provisions, regulations, standard operating procedures, manuals, forms, and other relevant documents for local elections in GM, SW, and BRA. The review will analyse the quality of existing laws and provisions against two main factors 1) a matrix of international best practices and 2) the local contexts, needs, and opportunities for improvement in GSS, SWS, and BRA. This review should provide a comprehensive and concise diagnosis of the availability and quality of existing laws or constitutional provisions for local elections and how these are being applied in practice and the influencing factors, including identifying the groups who are party to enacting the laws or constitutional provisions and their role and influence within the process. The review should also provide evidence-based recommendations for how the laws 58 or constitutional provisions can be strengthened or changed to allow democratic elections to take place. The recommendations should be tailored to GM, SW, and BRA’s needs and circumstances and the standard best practice benchmarks. The reviews should take place concurrently for GM, SW and BRA.
• Legislative drafting: After completing legal reviews in GSS, SWS, and BRA, the supplier will assist local authorities and election management bodies in drafting or amending new legislation and/or regulations. In addition, some remaining legislative/regulatory drafting may be required in Puntland State.
• Secondment of election experts: The supplier should, on request, be able to second shortterm electoral experts (national and international) into election management bodies and/or Ministries of Interior.
• Training of electoral management bodies/ministries: The supplier will be expected to deliver a series of capacity-building training events for election management bodies and/or state-level Ministries of Interior. The exact capacity building needs will be determined following the completion of training needs assessments in GSS, SWS, and BRA. They should draw where possible on internationally recognised curricula such as BRIDGE. Additionally, support to deliver a series of capacity-building training events for TPEC and Puntland ministries of interior and political associations might be required.
• Provision of electoral advisory support to SSF and SSF donors: SSF will require regular technical advice throughout the contract period. Advice may include findings, summaries of issues, key areas of interest, and recommendations to guide SSF and SSF donor considerations and decision making. This will include the periodic delivery of short technical briefings, telephone calls for SSF staff with relevant experts, and attendance/hosting of relevant donor meetings.
• Provision of pass-through capability for delivery of major electoral components: The provider should retain the capability to act as a pass-through for the delivery of major electoral components (e.g., advice on voter registration) in situations where the use of national/state level systems is not advisable or possible. Key Personnel**

The following key personnel will be required for this assignment.
i) Electoral Advisor
ii) Legal/Constitutional Expert
iii) Pool of local and international support staff

To guide in developing the financial proposal, SSF has provided the expected level of effort for each of the required personnel to cover the period of the framework contract. The bidders are expected to provide the daily rates for each of the personnel in line with the level of effort provided by SSF. The rates provided by the selected supplier will be fixed for the duration of the framework contract.

For each task under this framework contract, SSF will provide additional information on the TOR as required and the supplier will be expected to submit a brief proposal to include the level of effort and the anticipated expenses. Expenses will be reimbursed at cost evidenced with the appropriate supporting documentation. Payment of remuneration fees for each task will be based on the supplier meeting the set milestone deliverables as defined for each task.

i) Electoral Advisor

Key Role and Responsibility:

• Lead on election advice for on all task assignments under the framework contract
• Provide technical advice on the secondment of election experts
• Lead on design of the training for the electoral management bodies/ministries.
• Provide electoral advisory support to SSF and SSF donors under the framework contract
• Provide electoral advice on the provision of pass-through capability for delivery of major electoral components.
  Qualifications and Experience:
• Master’s degree in political science, international relations, public or business administration or other similar discipline
• Eight (8) years relevant experience of providing electoral advice/electoral programming.
• Three (3) years relevant experience in providing electoral advice/electoral programming in Fragile and Conflict Affected States (FCAS).

The anticipated level of effort for Electoral Advisor position will be no more than 80 days in the duration of this assignment.

ii) Legal/Constitutional Expert

Key Role and Responsibility:

• Lead for this assignment
• Provide legal expertise in the review and legislative drafting process

Qualifications and Experience:

• Academic qualifications in constitutional law, civilian law, electoral law or international law.
• At least eight (8) years’ experience in conducting electoral legal reviews of electoral legislation and related laws in Fragile and Conflict Affected States (FCAS) at both national and state/or equivalent levels and of General and Specific Electoral Legislation and Constitutional Provisions; other laws that are part of the legal framework for elections
• At least eight (8) years of proven work involving legal expertise in Constitutional affairs, civil law or international law
• At least eight (8) years’ experience in legislative reform and in drafting of electoral legislative frameworks, producing clear and precise written electoral law and legislative documents in Fragile and Conflict Affected States (FCAS), and drafting or amending other laws that are part of the legal framework for elections to ensure the conditions for democratic elections, and drafting or amending the electoral process related instructions issued by the election administrations which are directly based on provisions in the electoral legislation
• At least eight (8) years’ experience in capacity building of electoral management bodies/ministries in Fragile and Conflict Affected States (FCAS) at both national and state/or equivalent levels.

The anticipated level of effort for Legal/Constitutional Expert position will be no more than 80 days in the duration of this framework contract.

iii) Pool of Support Staff

• Bidders may include a pool of support staff, including additional international and local electoral and legal advisors, with approximately 160 days level of effort covering the period of the framework contract.

Location and Duration of assignment

This framework contract will be implemented through a series of task assignments that will be delivered through a combination of both desk-based research and fieldwork. The fieldwork for the task assignments will take place in Mogadishu, Puntland State, Galmudug State, and the South West State of Somalia. Other potential additional locations will be provided by SSF to the selected supplier at the point of issuing the task assignment.

The duration of this framework contract shall be for eight (8) months from March 2021 to October 2021.