Experts for Project Complaint Mechanism at The European Bank for Reconstruction and Development

Background 

The European Bank for Reconstruction and Development (the EBRD, the Bank) has a unique challenge to assist the countries of Central and Eastern Europe, the Commonwealth of Independent States (CIS), Mongolia, Turkey and the Southern and Eastern Mediterranean (SEMED) in their transition to market economies.

Through its investments and technical assistance activities, the EBRD promotes the establishment of the private sector, the strengthening of financial institutions and legal systems, and the development of the infrastructure needed to support the private sector. The Bank applies sound banking and investment principles in all of its operations and promotes environmentally sound and sustainable development.

The EBRD’s accountability mechanism, the Project Complaint Mechanism (PCM) provides an opportunity for an independent review of complaints from individuals or organisations, concerning a Bank project which allegedly has caused, or is likely to cause, harm. The goal of the PCM is to enhance the EBRD’s accountability through its Problem-solving and Compliance Review functions. In its Compliance Review function the PCM seeks to determine whether the Bank has complied with the relevant policy in respect of an approved project. In its Problem-solving function the objective of the PCM is to restore dialogue between the complainant and the client with a view to resolving the issues underlying the complaint, without attributing blame or fault.

The terms of the mandate of the PCM Experts have been established by the Bank’s Board of Directors and are set out in the in PCM Rules of Procedure available at: http://www.ebrd.com/work-with-us/project-finance/project-complaint-mechanism.html.

The EBRD seeks to engage up to five experts (individuals only) for the position of Project Complaint Mechanism Expert (PCM Expert) to serve on an independent roster. This is not a full-time assignment, and workload will be subject to the number and frequency of complaints received by the PCM.

Assignment Description

Pursuant to its Rules of Procedure, the PCM Experts may be called upon to serve as Eligibility Assessors, Compliance Review Experts or Problem-solving Experts, and, upon delegation by the PCM Officer, to carry out any follow-up monitoring and reporting. The present procurement is focused on the recruitment of PCM Experts able to undertake compliance reviews and, in the event of a finding of non-compliance, able to make recommendations to the EBRD President or Board of Directors as to the remedial steps, if any, to be taken.

Assignment Duration

The PCM Experts will be retained on a roster and will be called upon on as needed. Experts will be appointed for a three (3) year renewable term, subject to removal by the EBRD Board of Directors for cause.

Remuneration

The Bank proposes to use a uniform daily fee rate for all PCM experts appointed to the roster. Each PCM Expert will be contracted on an annual retainer, which will cover a certain number of days’ work. In the event that further services are required beyond the retainer, remuneration will consist of a daily fee rate, plus justified expenses, if any. .

The expert consultant must determine whether any VAT would be chargeable on the services and the basis for that determination, without taking into consideration the Bank's special status as an IFI and state this to the Bank in their response to the Invitation for Expressions of Interest. To the extent that an expert incurs input VAT on goods and services purchased in connection with the provision of services (e.g. VAT on airline ticket) which is not otherwise recoverable by the consultant from the local tax authority, the gross cost to the consultant of such expenses shall be treated as a reimbursable expense.

Eligibility Restrictions

The PCM Expert shall not have worked for the EBRD in any capacity (including as a staff member, Bank official, Director, Alternate Director, Director’s Adviser, or consultant) for two (2) years prior to appointment, with the exception of having served as an expert to the Bank’s Independent Recourse Mechanism ("IRM") or the PCM.

Candidates that submitted expressions of interest in response to the procurement notice (ID 43886) for EBRD Project Complaint Mechanism – Panel Appointment of Experts, published on the Bank’s website on 27 May 2014, need not apply.

Expert Profile

Individual experts are required. The following is the minimum experience and expertise required for this assignment: 

• advanced degree in relevant fields, preferably law;
• extensive experience (minimum 15 years) in relevant fields, including environmental law, human rights, sustainable development, global governance, social policy, and/or dispute resolution;
• knowledge of the EBRD Environmental and Social Policy and/or IFC Performance Requirements, Equator Principles, UN Guiding Principles on Business and Human Rights or equivalent documents of similar institutions;
• understanding of the Bank’s operations and countries of operations would be an advantage;
• ability and willingness to travel to the Bank’s countries of operations; 
• proven ability to analyse and interpret complex policies and determine their application to specific cases;
• experience with an accountability mechanism of another international financial institution would be an advantage;
• excellent communication and presentation skills, both written and spoken; fluency in English with the ability to draft reports to high standard;
• knowledge of other languages in EBRD countries of operations would be an advantage; 
• ability to resolve disputes objectively and fairly; 
• high degree of professionalism, integrity and independence.
• ability to interact effectively with Bank staff, including senior management, the Bank’s Board of Directors, clients and civil society; 
• ability to meet tight and frequent deadlines;
• ability to handle a large volume of data and to pay meticulous attention to details; and
• ability to handle confidential and politically sensitive information

Job title: Project Complaint Mechanism Experts (various positions)

Location: Regional

Salary: Daily fee rate

Contract: Consultancy services

Closing date: 20 February 2015 for expression of interest