International Anticorruption Expert – Anticorruption Project Colombia

CITIZEN SECURITY / ANTICORRUPTION EXPERT

TERMS OF REFERENCE

INTERNATIONAL ANTICORRUPTION EXPERT- ANTICORRUPTION PROJECT COLOMBIA

1. Background and justification

PADF seeks to build a roster of qualified, experienced, and interested candidates in preparation for an anticipated project that will increase the quality and effectiveness of investigations, prosecutions, and adjudication of crimes of public corruption in Colombia.

2. Objective

The general objectives of the project are:

• Conduct an assessment of Colombia’s anti-corruption efforts, policies and stakeholders
• Increase the capacity of the Colombian justice sector to effectively and efficiently investigate cases of public corruption
• Increase the capacity of the t the Colombian justice sector to effectively and efficiently prosecute and adjudicate cases of public corruption
• Design and develop a detailed Monitoring, Evaluation and Learning plan.

3. Responsibilities and activities of the international anticorruption expert

• Overseeing the work of a team of two additional experts that will conduct a thorough assessment of the Government of Colombia’s response to corruption crimes that will:

• Review prior assessments conducted on the topic.

• Identify the main actors involved in investigating and prosecuting corruption in Colombia and will analyze their backgrounds.

• Identify the institutional features, challenges, and operational needs of justice sector institutions involved in countercorruption efforts.

• Conduct an analysis of the impact of using plea bargains, prosecutorial discretion and other tools to prosecute AC cases.

• Conduct an analysis on the procedural challenges that could prevent investigations with compelling evidence from resulting in convictions.

• Identify the specific gaps in current inter-agency collaboration.

• Analyze investigative policies and mechanisms for prosecution and adjudication of cases.

• Conduct a review of Colombia’s current anti-corruption policy framework (including OECD obligations and implementation of UNCAC standards) and bodies, their operations, efficacy, and efficiency with a focus on their interaction with justice sector actors, including revising prior and ongoing assessments on these matters.

• Collect baseline data related to the past and current number of public corruption investigations, prosecutions and convictions and comparison by population (per capita) with OAS and OECD member states.

• Evaluate the current operations of the Supreme Court’s Special Instruction Chamber and its First Instance Chamber, including current standard operating policies and procedures (SOPPs), in addition to capabilities, methodologies, and resources that investigators and magistrates.

• Assess current investigative and prosecutorial standard operating policies and procedures (SOPPs) and respective challenges that prevent solid investigations from producing convictions, in addition to capabilities, methodologies, and resources that prosecutors, investigators, and analysts use.

• Consider the issue of mobility of prosecutors and other justice sector officials (most of them employed on a provisional basis) and determine how this affects the efforts to address public corruption.

• Conduct a review of other donors and organizations focused on improving the justice sector response to public corruption and explain deconfliction efforts between those initiatives and this proposed project.

• Provide a SWOT (strengths, weaknesses, opportunities, and threats) matrix analysis

Produce an assessment report with a set of recommendations on how to address challenges to achieve efficient and successful investigations and prosecutions of public corruption cases in Colombia within two months of the beginning of the contract.

4. Candidate profile

The successful candidate will possess a deep knowledge of anticorruption law enforcement issues including OECD obligations and implementation of UNCAC standards. He/she will also have extensive experience in working with governments at a high level and across different ministries, in particular with law enforcement entities, on issues related to enforcement of anticorruption laws. The successful candidate will also bring substantial analytical skills, and experience in delivering high quality reports to policy makers either nationally or internationally.

The ideal candidate will also possess the following:

• An advanced university degree (Master’s degree or equivalent) in law, criminology, or social science (international relations, management, public administration, political science or economics, etc.) or in a subject closely related is required. A first level university degree in similar fields in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree.
• Having previously published reports on anticorruption to national or international institutions or academically.
• A minimum of 15 years of work experience in the field of law enforcement, anti-corruption investigation or prosecution is required.
• Professional experience in Latin America would be desirable;
• Experience in the area of developing training programs and providing training on anti-corruption to law enforcement authorities is desirable
• Experience in the area of conducting capacity development and training needs assessments is desirable;
• Fluency in English and Spanish;
• Demonstrated sound judgment and leadership/team building skills;
• Proven ability to provide strategic leadership on issues related to anticorruption.
• Ability to plan and deliver detailed oral presentations and lead seminars using strong communication abilities.

In addition to the foregoing qualities, the successful candidate will demonstrate strong organizational development and interpersonal skills as well as experience and comfort operating in a fast-paced, multicultural, and self-directed environment**.**

5. Proposal Documents to Include

a. Please attach your CV to demonstrate how you meet the minimum requirements**

b. Please include descriptions of similar projects or assignments and at least three client references.**

6. Term of the contract

Estimated start date of contract: Late Summer/Early Fall, 2022. The contract will have a 2-month duration and can be performed remotely with at least one (1) trip of at least two (2) weeks to Colombia.

7. Submission Details

a. Deadline. Proposals must be received no later than June, 10^th2022, 11:59 pm EST. Late submissions will not be accepted. Proposals must be submitted via email to [email protected] and [email protected]. All proposals are to be submitted following the guidelines listed in this Terms of Reference.

b. Validity of bid. 120 days from the submission deadline.

c. Amendments. At any time prior to the deadline for submission of proposals, PADF may, for any reason, modify the Terms of Reference document by amendment which will be posted to the PADF website and/or communicated via email.

8. Terms and Conditions

Resulting Award

This TOR does not obligate PADF to execute a contract, nor does it commit PADF to pay any costs incurred in the preparation or submission of the proposals. Furthermore, PADF reserves the right to reject any and all offers, if such action is considered to be in the best interest of PADF. PADF will, in its sole discretion, select the winning proposal and is not obligated to share individual evaluation results.

Confidentiality

All proprietary information provided by the bidder shall be treated as confidential and will not be shared with potential or actual applicants during the solicitation process. This includes but is not limited to price quotations, cost proposals and technical proposals. PADF may, but is not obliged to, post procurement awards on its public website after the solicitation process has concluded, and the contract has been awarded. PADF’s evaluation results are confidential and applicant scoring will not be shared among bidders.