TERMS OF REFERENCE (TOR) Legal and Justice Sector Reform Programme Development of Change Management Strategy

Transcription

1 TERMS OF REFERENCE (TOR) Legal and Justice Sector Reform Programme Development of Change Management Strategy 1. BACKGROUND AND PROJECT DESCRIPTION An efficient and effective legal and justice service delivery system is the foundation of any well-functioning state and a prerequisite for national cohesion, peace, stability and sustainable development. Indeed, studies show, that an effectively running legal and justice system has a direct impact on sustainable development and economic growth. To deepen Ghana s democratic governance and accelerate national development it is desirable that Ghana s legal service and justice delivery system become more efficient and effective. This is particularly important in view of the growing public concern that the legal and justice services delivery system in Ghana is fraught with inefficiencies, delays and limited accessibility. For example, a Baseline Survey of the Justice Sector of Ghana conducted in 2012 revealed that about 70% of respondents expressed concern about delays associated with proceedings in the formal justice system. Additionally, the July 2014 Governance and Peace Poll found that only 47% of adults in Ghana trust the state to prosecute cases. All the recommendations from these studies were aimed at removing bottlenecks that can increase accessibility to impartial and timely justice delivery system. An analysis of the legal service and justice delivery system in Ghana suggests that institutions within the legal service and justice sector are faced with weakened functionality as well as structural and institutional capacity challenges that have caused inefficiencies and led to low public confidence, limited accessibility, reduced quality of services and delayed dispensation of justice especially for the vulnerable. To contribute to resolving the critical problem facing the legal service and justice sector, the Ministry of Justice and Attorney General s Department partnered with UNDP to develop the Legal Service and Justice Sector Reform Programme aimed at improving the quality of legal service and justice delivery in Ghana. This programme does not envision sweeping

2 reforms but targeted interventions in a bid to improve functionality and capacity for quality service delivery. The overall goal of the programme is for a more accessible, fair, responsive and accountable legal service and justice sector. The immediate outcomes of the programme, which contribute to the achievement of the overall goal, are: Strengthened administrative efficiency and inter-institutional collaboration of legal and justice sector institutions by the end of 2016; and Strengthened technical and operational capacity of legal and justice sector institutions by the end of These outcomes will be achieved through the implementation of the programme outputs that create the enabling conditions for legal and justice sector institutions to function effectively and efficiently. These include the introduction of a new electronic Case Management and Communication System, with defined operational procedures to establish an effective standard across the chain of institutions and interlinked actions that lead to delivery of legal service and justice. Additionally, the reforms are expected to institutionalize a communication and co-ordination framework that can promote clear and continual dialogue among the various actors within the justice delivery system with the view of promoting synergy among the various actors towards speedier delivery of justice. The Institutions involved in the programme are: Ghana Police Service ( Legal, Prosecutions and Investigations) Ghana Prisons Service (Legal/Remand); Judicial Service of Ghana (JS); Council for Law Reporting (CLR); Economic and Organized Crime Office (EOCO); Legal Aid Scheme (LAS); Law Reform Commission(LRC) Ministry of Justice and Attorney General s Department (MoJAGD) especially: o Legal Service Civil Division (LSCD), o Legal Service Legislative Drafting Division (LSLD); 2

3 o Legal Service Public Prosecution Division (LSPD); Given that the reforms to be introduced may require changes in aspects of the organizational culture of the participating institutions as well as changes at the employees level, in terms of new ways of thinking, behaviour and performance standards, it is essential that these reforms are anchored on a change management strategy that can ensure buy-in of the reforms from staff and the institutions involved as well as supporting them to effective make the desired transition. Without staff and the institutions as a whole understanding why the reforms are needed and how the changes will benefit both individual staff and the overall system, they will resist the changes with negative impact on the reform efforts. Resistance to the reforms may be due to perceived threats of some benefits to be lost; fear of not being able to meet the performance standards that the reforms may require; misunderstanding as to the need and benefits of the reforms as well as mere fear of the unknown. If such resistance is not anticipated and managed the reform process could be derailed. There is therefore a requirement to develop a coherent change management strategy if the expected objectives of the programme are to be achieved. To this end, The Ministry of Justice and Attorney General s Department (MoJAGD) in collaboration with UNDP requires the services of a Consultant/Consulting Firm to design and help implement a Change Management Strategy that will enable staff and the institutions involved to adopt the reforms for an efficient and effective justice delivery in Ghana. 2. OBJECTIVES OF THE ASSIGNMENT The main objective of the consultancy assignment is to develop and help implement a change management strategy that can ensure institutional and staff buy-in of the programme reforms and support them to make the desired transition. The specific objectives are: i. To develop a change management strategy that is linked to the various interventions and reforms elaborated in the Legal and Justice Sector reform programme document. 3

4 ii. To help implement aspects of the change management strategy so developed, such as organizing awareness raising events, developing and implementing a system of motivation for participating institutions and their staff as well as training change champions. 3. SCOPE OF WORK To achieve the above objectives, the Change Management Consultant/Consulting Firm will undertake the following key tasks, among others: To review the Programme Document to have good understanding of the context and the key components that forms the basis for the Change Management Strategy. Visit and engage the eight institutions involved in the reforms with the view of obtaining relevant information to feed into the strategy design. Design a comprehensive and systematic change management strategy on how institutions involved, together with their staff will understand and embrace the reforms and effectively make the requisite transition. Identify in collaboration with staff and train change champions from all level of staff within the relevant institutions such that they can galvanize critical mass for change and maintain the momentum and focus. Organize awareness raising events for relevant staff who are directly affected by the reforms at the national, regional and district levels to enable them appreciate the need for the reforms and obtain their buy-in. Where appropriate the sensitization events should be done for different categories of staff with peculiar interests and challenges in relation to the reforms Develop and implement a practical system of motivation for each participating institutions involved so as to encourage their participation and commitment to the reform process. To propose a system that can assess how well staff are adapting to the reforms, especially the SOPs, CMS and Data Management System, based on which appropriate rewards are given, so as to reinforce and sustain the desired behavioural changes and performance standards. 4

5 4. EXPECTED OUTPUTS AND DELIVERABLES OF THE ASSIGNMENT The expected outputs and deliverables of the assignment shall be: i. Submit an Inception Report detailing the methodology and work plan for the assignment, to be submitted two (2) weeks after signing contract of engagement. Submit a draft comprehensive Change Management Strategy that can get the buy-in from institutions involved and their staff as well as managing their transition. Specifically, the strategy should: bring clarity and understanding as to the need for some changes within the participating institutions and their staff and how these changes will benefit the staff and the institutions as a whole; identify the undesired conditions or way of doing things within the participating institutions and their staff that need to be changed (which can serve as a kind of baseline) and the future desired state or way of doing things after the reforms; provide guidance as to the change management processes and techniques required for institutions and their staff to effectively make the transition from the undesired behaviour or performance standards to the desired state; Provide a motivational framework that can sustain the interest and commitment of the institutions and their staff to the change process. ii. Facilitation of at least two planning workshops and a stakeholder validation of the change management strategy iii. Guide the implementation of the strategy iv. Submit a Mid Term Report which captures details on the progress of various change management activities undertaken such as the identification and training of change champions, the awareness raising events organized as well as achievements and any challenges encountered and how they were addressed or will be addressed. 5

6 v. Assignment Completion Report, which captures the various activities undertaken, the achievements and failures, with an analysis of why things turned out the way they did, as well as recommendations for the way forward. 5. TIMING AND SCHEDULING The assignment is expected to be carried out from November 2015 to June 2016, with a total person-days of 150. The various deliverable and timeless are indicated in the Table below: No. Deliverable Timeline Payment Schedule 1. An Inception Report Two (2) weeks after 20% of Contract Sum signing contract of engagement 2 A draft comprehensive Six (6) weeks after 20% of Contract Sum Change Management signing contract of Strategy engagement 3 Validation of Draft Eight (8) weeks after 0% of Contract Sum Strategy signing contract of engagement 4 Implementation of from the Ninth week 0% of Contract Sum Strategy after signing contract of engagement 5 Interim Report To be completed by 28 th 20% of Contract Sum of February, Mid-Term Report To be completed by 31 st April, % of Contract Sum 7 Assignment Completion Report To be submitted by 31st of July, % of Contract Sum 6

7 6. DURATION OF THE ASSIGNMENT The expected duration of the assignment is a maximum period of 150 days spread from 16th November, 2015 to 31 st July, LOCATION OF THE ASSIGNMENT The consultant will be expected to work with all the stakeholders in Accra to complete the consultations and develop the Change Management Strategy. If necessary the Consultant may engage some of the relevant Stakeholders in the regions. 8. ASSIGNMENT MANGEMENT AND INSTITUTIONAL ARRANGEMENT i. The Consultant/Consulting Firm will report directly to the Programme Manager. ii. The Consultant/Consulting Firm has overall responsibility for the management of the processes leading to the production of the deliverables of this Consultancy, including establishing those relationships and arranging meetings with those persons and entities from whom information will be procured. iii. Where necessary, the Programme Manager will introduce the Consultant/Consulting Firm to key stakeholders. iv. The MOJAGD and the relevant stakeholders will provide the Consultant/Consulting Firm with copies of all documents essential and relevant to the performance of this task. v. The Consultant/Consulting Firm will liaise with the Project Manager and Technical Advisor for the necessary assistance within the Ministry. 9. CONSULTANT QUALIFICATIONS AND EXPERIENCE Education The Consultant must possess an advance degree in Management, Business Administration; Human Resource Management Option, Law, Sociology or any other relevant field. 7

8 Experience The Consultant must have at least ten years experience in the design and implementation of change management interventions, especially within public sector institutions. He/she/They should have knowledge and understanding of how the various institutions within the legal service and justice system interrelate and work together towards speedy justice delivery Competencies Must possess excellent written and oral communication skills with demonstrable experience of having undertaken similar assignments in Ghana. The Consultant/Consulting Firm will model UN values and ethical standards while promoting the vision, mission and strategic goals of UNDP. At all times, the Consultants will display cultural, gender, religion, race, nationality and age sensitivity and adaptability, treating all people fairly and without discrimination. 10. DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS. To demonstrate their qualifications and suitability for the work: A letter of interest, technical and financial proposal. The technical proposal should include background information on the expertise and experience of the candidate, information on how the candidate proposes to undertake the assignment (specifying methodologies), and, the composition of the team proposed to do the work (with attached signed CVs of team members) if any. Sample of similar work produced for other clients. Personal CV including past experience in similar projects and at least three references. Financial proposal: the financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (cost of materials per paper type, number of anticipated working days). Please note 8

9 that the financial proposal shall include the payment of eventual assistant consultants. Administrative and logistical costs related to workshops are embedded in total budget and will be paid directly by UNDP in accordance with UNDP Policy. Consultancy fees including overhead, administrative costs, travel cost, and agreed reimbursable per approved work plan will be paid directly by UNDP in accordance with UNDP Policy and as part of the overall budget. Any anticipated travel costs should be included in the overall budget for the assignment. An unanticipated travel shall be borne by UNDP according to the UNDP Policy. 11. EVALUATION Individual consultants/consulting Firm will be evaluated based on the following methodologies: Cumulative analysis When using this weighted scoring method, the award of the contract should be made to the individual consultant/consulting firm whose offer has been evaluated and determined as: a) responsive/compliant/acceptable, and b) Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation. * Technical Criteria weight; [70%] * Financial Criteria weight; [30%] Only candidates obtaining a minimum of 490 point would be considered for the Financial Evaluation Criteria Weight Max. Point 9

10 Technical 70% 700 Academic Qualifications 15% 150 Professional Experience 25% 200 Quality of Technical Proposal 20% 250 Quality of written samples 10% 100 Financial 30%