Statement of Work
Establishment of a Public Procurement Legal Clinic
BACKGROUND
The Improving Public Procurement project (the Project), implemented by Deloitte Consulting LLP, is a five-year United States Agency for International Development-funded project initiated in July 2022 with the overall objective to strengthen institutional capacities for management and oversight of a fair, open, non-discriminatory and transparent public procurement process at the national and local levels. The Project is structured around four components focused on 1) improving local procurement planning, 2) improving procurement procedures across the entire procurement lifecycle in accordance with international standards, 3) improving capacities for effective legal enforcement, and 4) increasing the effectiveness of public procurement oversight. The Project counterparts include local self-governments (LSGs), the Public Procurement Office, the Commission for Protection of Rights in Public Procurement Procedures, public prosecutors’ offices, Administrative Courts, Misdemeanor Courts, the Commission for Protection of Competition, the Ministry of Finance, State Audit Institution (SAI), civil society organizations, and investigative journalists.
The Project’s strategy is to enhance the implementation of existing laws, policies, and procedures and to support the alignment of the public procurement ecosystem to international standards and good practices. The Project will facilitate the identification of locally led solutions that cut across government, business, and civil society, to create space for stakeholders to collaborate across institutional boundaries. Emphasis will be placed on professionalization of the procurement function through training sessionss, development of tools, and identification of leading practices for adaptation by institutions. Collaboration and information exchange among institutions will be supported with the objective to increase oversight, improve identification of procurement irregularities for prosecution and adjudication, legislative engagement to resolve identified weaknesses in the law, and capacity building of civil society organizations to contribute to oversight and communication to the public.
Public procurement is crucial for Serbia’s development and building trust in the government by delivering tangible benefits to its citizens. The EU integration process has shifted the focus from the state administration as a regulator to a service-oriented approach centered on citizens and other end users. To fully align domestic regulations with EU acquis requirements, Serbia has introduced a new public procurement legal framework and improved general administrative procedure which is essential for delivering more effective and high-quality services to citizens.
Safeguarding rights in public procurement in Serbia is classified as a dual protection system, which plays a significant role in enhancing legal security and fostering a conducive economic environment. After a review by the contracting authority, the requests for the protection of rights are considered by the Republic Commission for the Protection of Rights in Public Procurement (Commission). Against the decision of the Commission, an administrative dispute can be initiated. The Administrative Court verifies the legality of decisions, or the silence (“silence of the administration”), i.e., in a situation where the Commission does not render a decision within the deadlines provided by the Public Procurement Law. An administrative dispute is initiated by filing a lawsuit challenging the legality of the Commission’s decision within 15 days of delivery of the decision to the applicant. The possibility of initiating an administrative dispute is also provided for in the case of “silence of the administration.”
The Project aims to attract and build capacities by the establishment of the Legal Clinic for Public Procurement (LCPP). Recognizing the importance of public procurement in the legal system, fostering connections between current and aspiring legal practitioners will be especially beneficial for future lawyers, public servants, and judges, enhancing the quality of legal education in Serbia. This initiative will provide exceptional law students in their 3rd and 4th years of undergraduate studies with specialized opportunities to acquire practical skills and knowledge in public procurement. They will collaborate with judges and experienced experts who are dedicated to mentoring the next generation of legal professionals.
Through this technical assistance, the Project will support the implementation of a Legal Clinic at the Belgrade University Faculty of Law – Center for Public Procurement, in cooperation with the Administrative Court. The Clinic will involve delivering a course for third and fourth-year undergraduate law students who have passed the Administrative Law exam. The course will focus on the protection of rights in public procurement procedures before the Administrative Court. Additionally, participants will have the opportunity to work on public procurement cases with Administrative Court judges and experts in Public Procurement and Administrative law.
LCPP will enable specialized knowledge and competencies of students related to the field of public procurement, as well as the acquisition of skills necessary for practical work in this field after graduation. In order to ensure the greater interest of students in this field, which would lead to their later orientation towards jobs in the field of public procurement, LCPP will offer theoretical and practical training that will highlight problems in this field in a creative and innovative way.
The purpose of the LCPP is to provide information on many aspects of public procurement that respond to national and international needs and to train students on modern challenges arising in the public procurement profession. Such elements include legal frameworks and economic principles for effective public procurement. Also, the goal is faster training of students for practical work after graduation through the acquisition of the skills necessary for the work of every (good) lawyer.
This technical assistance supports Year 3 Work Plan Activity 3.2.d Increasing capacities of future judges and prosecutors.
SCOPE OF TECHNICAL ASSISTANCEThe Project will engage a contractor to implement a Legal Clinic for Public Procurement (LCPP) at the Belgrade University Faculty of Law - Center for Public Procurement, in cooperation with the University of Belgrade Faculty of Law and the Administrative Court.
This includes the development of a comprehensive plan and program for the LCPP. This plan and program should include the structure and objectives of the LCPP, covering educational content, logistical and operational aspects, as well as the qualifications and expected roles of team members and lecturers with detailed descriptions of their duties and responsibilities.
The contractor will assemble and lead a team consisting of experts in public procurement and administrative law, who will contribute their specialized knowledge and experience to the program. This team, consisting of public procurement and administrative law experts and practitioners, will prepare comprehensive educational and training materials, (including the Handbook for the Public Procurement Legal Clinic previously developed under this Project to support the LCPP implementation), for presentation and delivery of both theoretical and practical training sessions to the students.
The contractor will be responsible for cooperating with the Administrative Court to ensure LCPP students attend trials at the Administrative Court, where they will gain hands-on experience in public procurement-related cases. Additionally, the contractor will enable the integration of real-life public procurement cases into the curriculum, with students working in smaller mentored groups, and manage the LCPP evaluation and certification process. Upon successfully completing the program, the students will be awarded a certificate of completion, which will serve as valuable credentials in their future careers.
The contractor will be responsible for making all necessary arrangements to facilitate the smooth operation of the Legal Clinic within the Faculty’s and Court premises. Finally, the contractor will report regularly to the Project, maintaining clear communication with all stakeholders and ensuring that the LCPP meets its objectives of enhancing legal education and preparing students for careers in public procurement.
The technical assistance for the contractor per this SOW should be provided as follows:
• Inception Phase:
1) Draft plan and program for the LCPP: Prepare a comprehensive draft plan and program for the Legal Clinic. This document should outline the LCPP’s structure, objectives, and educational content, as well as logistical and operational details. The plan must also incorporate the involvement of public procurement experts and administrative law experts and practitioners, including detailed descriptions of their qualifications and expected roles, responsibilities, and contributions to the clinic’s activities. The draft should provide a clear roadmap for the implementation and functioning of the Legal Clinic.
2) Kick-off Meeting: Conduct a kick-off meeting with the Team, the Project, and Faculty of Law representatives to discuss the LCPP’s draft plan and program (define scope, approach, objectives, curriculum, duties, and responsibilities of team members and confirm implementation details) and incorporate feedback.
3) Final Plan and Program for the LCPP
4) Formal Kick-off Event: Organize a formal event with key stakeholders at the Faculty of Law to present the LCPP and the final LCPP plan and program and facilitate the process.
• Implementation Phase:
5) Theoretical and Practical Training for the students: Provide introductory theoretical lectures to the students covering essential topics in public procurement in accordance with the Plan and Program for the LCPP including presenting and distributing the Handbook for the Public Procurement Legal Clinic previously developed under this Project to support the LCPP implementation; Prepare training and educational materials and deliver practical training sessions using both hypothetical scenarios and real-life anonymized cases from Administrative Court case law, with students working in smaller mentored groups.
6) Administrative Court practice: Coordinate with the Administrative Court to organize trial attendance for students enrolled in the LCCP program.
7) Evaluation and Certification: Evaluation of the LCPP and certificates of completion award.
• Reporting Phase:
8) Submit the Legal Clinic Report in English that describes but is not limited to the following: the purpose of the consultancy, progress made, and any other notable observations; issues and/or problems encountered; and expected follow-on interventions, as well as actions to be performed by counterparts, not exceeding 5 pages.
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For more than 25 years, Deloitte’s International Development Organization (IDO) practice has worked with governments, development agencies, NGOs, and private firms in over 60 countries to build the institutions, legal framework, and policies required for effective public and private sector growth.
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