LAO MAPS National Assessor 2 -Procurement Support Consultant

1. Background 

The Government of the Lao PDR (GOL) has undergone a self-assessment of its procurement system as part of the enactment of the Lao PDR Procurement Law 2017 and has always had aspirations to strengthen public procurement capacity building and monitoring system at the agency and national levels to ensure the national public procurement system is in line with international best practices and standards. In December 2020, Lao PDR Ministry of Planning and Investment (MPI) formally requested technical assistance from the ADB to carry out a comprehensive assessment of its public procurement system using the 2018 Methodology for Assessing Procurement Systems (MAPS 2018). 

The Methodology for Assessing Procurement Systems (MAPS) was initially developed in 2003/2004 to assess and improve public procurement systems by providing a common tool for analyzing information on key aspects of a system. It has been widely used to assess the quality and effectiveness of public procurement systems and, based on the strengths and weaknesses identified, to develop strategies and implement reforms. The new version of MAPS  is a universal tool that aims to catalyze and accelerate the implementation of modern, efficient, sustainable and more inclusive public procurement systems in all countries. It takes contextual elements into account to ensure that the application of MAPS is based on a good understanding of the context in which public procurement institutions and other stakeholders operate in a particular country.

The MAPS methodology will be applied to assess the quality and performance of the public procurement system in Laos.

2. Objectives
The objective of this assignment is the assessment of Public Procurement Systems of Laos based on the Methodology for Assessing Procurement Systems (MAPS), Version of 2018, to: 
a)    Identify strengths and weaknesses of the existing public procurement systems;
b)    Inform the strategic planning process for future reform and system development; 
c)    Establish a baseline for monitoring progress; and
d)    Ensure the objectivity, credibility and quality of the assessment process and the assessment report 

The specific tasks to meet the objectives of this assessment will revolve around the following key function(s): (Reference to the relevant MAPS sections in brackets)

Conducting the MAPS Assessment
The team of consultants will conduct the assessment in close cooperation with the government. The assessment will focus on the following elements:         
a)    Conduct the analysis of the Country Context including mapping of stakeholders (Section I, 8-9 and Section II)
b)    Conduct the assessment of the Public Procurement Systems (Section I, 13-37 and Section III) 
•    Develop and regularly update assessment schedule
•    Collect data (qualitative and quantitative data)
•    Apply the MAPS indicators using the following three-step approach:

     Step 1: Review of the system applying assessment criteria expressed in qualitative terms. 
Preparation of a narrative report providing detailed information related to this comparison (actual situation vs. assessment criteria) and on changes underway.
     Ref: Section I 15-16

    Step 2: Review of the system applying a defined set of quantitative indicators (applying at least the minimum set of quantitative indicators defined). 
Preparation of a narrative report detailing the findings of this quantitative analysis 
    Ref: Section I 17-19

    Step 3: Analysis and determination of substantive or material gaps (gap analysis). 
Sub-indicators that exhibit a “substantive gap” need to be clearly marked to illustrate the need for developing adequate actions to improve the quality and performance of the system. In case of identified reasons that are likely to prevent adequate actions to improve the system, “red flags” need to be assigned. Red flags are to highlight any element that significantly impedes the achievement of the main considerations of public procurement and that cannot be mitigated directly or indirectly through the system. 
     Ref: Section I 20-24 

•    The assessment includes the review of a sample of actual procurement transactions (files). Expected number of files to be reviewed: 100

c)    Facilitate the validation of findings and develop recommendations for a prioritized procurement reform strategy (Section I, 38).
d)    Prepare the Assessment Report in English (Section I, 40-41) 
The Assessment Report will be provided in a draft version and a final version that takes account of suggestions and comments received during the quality assurance process as defined in the Concept Note. The report will consist of an executive summary and a main report that follows the outline provided in Section I, 41  of the methodology, and corresponding annexes including the detailed indicator matrix. Templates for the report and indicator matrix can be found in www.mapsinitiative.org. 

3. Team Composition and Management Arrangements

The assessment will be carried out by the Assessment Team that will be composed of the following members:

i.  The government will assign expert(s) from: Minister of Finance (MoF), Ministry of Health (MoH), MoES, Ministry of Planning and Investment (MPI), Ministry of Public Works and Transports (MPWT), Ministry of Agriculture and Forestry (MAF), Ministry of Telecommunications and Communications (MTC), Ministry of Natural Resources and Environment (MNRE), Ministry of Energy and Mines (MEM), State Inspection Authority (SIA):
ii.   The government will provide timely access to necessary information and data and will facilitate meetings with public and private stakeholders (e.g. private sector organizations, civil society). The government will also facilitate the review of the sample of procurement cases by making the files available for review, preferably in a central location. 
iii. There will be 3 Assessors contracted for the assignment who will work in close cooperation with the experts assigned by the government: one (1) Lead Assessor/International public procurement specialist; and two (2) national assessors/public procurement specialists 

National Assessor 2 will assist on liaising with the Assessment Team and the national stakeholders, as well as conducting a survey to collect, compile and analyze information on the public procurement system and practice in Lao PDR as inputs to the qualitative criteria of the Assessment. In his/her capacity as Member of the Assessment Team, in addition to the liaise with national stakeholders and providing input on qualitative related aspects, he/she will assist the Lead Assessor in the overall conduct of the assessment.

The scope of work includes the following key tasks: 
-    The focus of the assignment for the National Assessor (non-Legal) is to assist the team in identifying the best sources of information, especially those that are critical to make a rigorous and fair assessment under Pillar III. 
-    Provide analysis and identify gaps and recommendations as per MAPS Methodology based on data collected and Surveys results (Private Sector and Civil Society Organizations)
-    Its role is decisive in ensuring that the Assessment Team has fully documented sample processes. 
-    Work under the supervision of the Lead Assessor.

Detailed Tasks and/or Expected Output includes

To work as part of the Assessment Team in the identification and preparation of documentary information (quantitative and qualitative) from key stakeholders
-    Liaise with National Members of the Assessment Team regarding the organisation and deployment of field missions and workshops;
-    Liaise with national authorities that are approached by the Assessment Team in view of gathering information and seek their views as requested by the Lead Assessor;
-    Engage with Procuring entities to facilitate the gathering of qualitative information and data collection – request information, provide clarifications regarding the request, ensure the provided templates are used by procuring entities, validate the collected information and ensuring response to requests;
-Support the Assessment Team in conducting a survey and gathering responses/information from selected private sector and CSOs;
-    Review and analyse all the information gathered;
-    Prepare and submit input for the Main Report and the Detailed Matrix as per MAPS template;
-    Prepare required recommended quantitative indicator to substantiate assessment of sub-indicators based on quantitative data for the Assessment Report;
-    Co-Facilitate, with the Lead Assessor, the validation of findings and develop recommendations for a prioritized procurement reform strategy (Section III, 38);
-    Co-Prepare, with the Lead Assessor, the Assessment Report in English (Section III, 40-41);
-    Any other tasks related to the MAPS assessment/analytical input as to work as part of the Assessment Team in the identification and preparation of documentary information (quantitative and qualitative) from key stakeholders;
-    Provide inputs to update the assessment schedule;
-    Provide written and oral translations as needed.