1. Background

These Terms of Reference outline the engagement of an Implementing Partners to support UN-Habitat in advancing the urban reform in Ukraine. This will be achieved through the development of an Urban Planning Code Concept with the ambition that it will be translated into a legislative text.

1.1 Overview of UN-Habitat

The United Nations Human Settlements Programme (UN-Habitat) is the United Nations programme for human settlements and sustainable urban development. UN-Habitat promotes socially and environmentally sustainable environments, working with partners to build inclusive, safe, resilient, and sustainable cities and communities. UN-Habitat promotes urbanisation as a positive transformative force for people and communities, reducing inequality, discrimination, and poverty. The main objective of UN-Habitat is the promotion of sustainable urbanization as a driver of development and peace, with a view to improving the living conditions of all, in accordance with the Sustainable Development Goals (SDGs) and New Urban Agenda (NUA). More information is available here: https://unhabitat.org/

1.2 Introduction to the project

Following the full-scale invasion of Ukraine in February 2022, the built environment and critical infrastructure in Ukraine have been severely impacted also causing large humanitarian concerns for millions of civilians, including internally displaced persons and refugees.

The Ukrainian Government (GoU) has a strong ambition to ‘build back better’, making progress towards the SDGs with a specific focus on addressing climate change. This includes a desire for an overhaul of existing towns and neighbourhoods, which typically are mono-functional with inadequate provision of public space and access to public services and functions. Particular considerations need to be directed towards the changing demographics (including the increased number of people with disabilities) and economics in the country. National, regional and local economic development strategies need to be developed and implemented, including approaches for urban and territorial regeneration on local level.

A sustainable reconstruction of Ukraine calls for the introduction of a systemic shift in the recovery planning and design of cities, towns and neighbourhoods in Ukraine, while also embedding measures to build capacity within the built environment professions, including urban planning. The project aims at facilitating this shift at national level by advancing the urban reform in Ukraine so as to ensure a comprehensive, transparent and people-centred approach to urban development.

1.3 UN-Habitat’s response to Urban Recovery in Ukraine

In response to the urban recovery needs, UN-Habitat has established a country office in Ukraine to support the Ukrainian government in its recovery efforts. The project “Towards Inclusive and Resilient Urban Recovery in Ukraine” aims to contribute to the ongoing recovery and reconstruction efforts of the Government of Ukraine.

UN-Habitat collaborates with the Ministry for Communities and Territories Development, providing strategic and policy advice to inform recovery and development. UN-Habitat has also established an Urban Lab in Ukraine, to support participatory urban recovery planning that promotes an effective, inclusive and resilient urban recovery through the creation of an enabling environment. The Urban Lab functions as a platform for engagement of local and international expertise and collaborators, addressing solutions for immediate (short-term), medium and long-term (strategic) recovery efforts.

Through its work, the Urban Lab operationalises the SDGs, the New Urban Agenda and other development frameworks into the built environment through localisation, development of strategies for urban transformation, and by bridging the gap between policy and physical implementation. The Urban Lab addresses the complexity of cities and regions’ challenges by developing spatial and non-spatial strategic solutions, through evidence-based data analysis, in partnership with stakeholders, that will ensure sustainable urban development outcomes.

UN-Habitat also ambitions to support the establishment of an Urban Recovery Framework (URF) at the national level, as a key tool to create an enabling environment for urban recovery. The URF aims at facilitating the implementation of immediate and medium-term urban recovery interventions while laying the foundations for long-term resilience, based on diagnostics of key areas for urban recovery, including capacities for urban planning and built environment management, regulatory frameworks for recovery and reconstruction planning, housing, Housing, Land and Property rights, multi-level governance systems, smart cities and digital governance.

2. Proposed project

UN-Habitat invites proposals from not-for-profit organizations and public institutions to provide legal expertise, engage stakeholders, and draft an Urban Planning Code Concept building upon the work so far conducted by the Working Group on the Development of the Urban Planning Code of Ukraine, established by a decision of the Committee of the Verkhovna Rada of Ukraine on State Power, Local Self-Government, Regional Development, and Urban Planning in April 2023. The Concept will inform the development of a Unified Urban Planning Code of Ukraine, envisioned to address both current war-related challenges and long-term urban development goals.

This initiative includes two components: (1) the development of the Urban Planning Code Concept; and (2) the promotion of the Urban Planning Code Concept among key stakeholders to facilitate consultations and feedback mechanisms.

For the achievement of output 1, the following activities are envisioned:

1.1 Reviewing the Urban Planning Code Working Group’s materials;

1.2 Drafting the Urban Planning Code Concept;

1.3 Translating the Urban Planning Code Concept draft into English.

For the achievement of output 2, the following activities are envisioned:

2.1 Organising three public events to promote and discuss the Urban Planning Code Concept’s provisions; this includes all organisational and logistical aspects (incl. identification of relevant stakeholders, invitation, agenda, handout materials, etc.);

2.2 Finalising the Urban Planning Code Concept based on the public events’ findings;

2.3 Translating the final version of the Urban Planning Code Concept into English.

Expected deliverables include:

• The initial Urban Planning Code Concept draft in Ukrainian;
• All the visibility materials used for the promotion of the UPC Concept;
• Reports of the three public consultations (and related materials), a summary of key findings;
• The finalised version of the UPC Concept following the stakeholder events in Ukrainian and English.

The targeted audience for the project encompasses all stakeholders involved in recovery and reconstruction efforts in urban areas in Ukraine. This includes, but is not limited to:

• Local governments;
• Practitioners and professionals;
• National and international organisations;
• General public.

In addition to the deliverables, the appointed Implementing Partner will be required to:

• Attend regular progress review meetings with UN-Habitat
• Deliver a monthly progress report, a final progress report and a financial report

3. Proposals

UN-Habitat invites proposals for the design and delivery of the activities described above.

Proposals should include the following documents:

1. Certificate of registration, both in country of origin and in country of operation;
2. Certified true copy of proof of non-Profit;
3. Clear organisation profile and structure of the organisation indicating:

• Organisation’s vision, mission and objectives;
• Management structure;
• Members of the Governing Board and their Designations duly certified by the Corporate Secretary, or its equivalent.

4. The organisation’s constitution and/or by-laws;
5. The organisation’s latest annual report;
6. A certified true copy of the original Audited Account Statement for the last two years and latest annual report;
7. A completed and signed Partner Declaration Form: https://t.ly/xmmYt
8. The list of projects executed in the last 2 years, completed or ongoing;
9. References from past donors;
10. CVs of management staff, technical and non-technical staff, finance and accounting staff that will be involved in the project;
11. The organisation’s project monitoring policies and procedures;
12. The organisation’s procurement policies and procedures;
13. The organisation’s anti-fraud policy and procedures;
14. A budget proposal: https://t.ly/afPAx

• The budget should be specified according to the template’s sub-categories;
• The budget proposal should indicate the support/contribution the organization is willing to make including, cash and in kind (contribution in terms of staff time, office space and equipment and other support in cash and in-kind should be expressed in monetary terms).

15. A technical proposal: https://t.ly/9ZCkm
    • A description of the proposed deliverables to be developed;
    • A description of how it will be developed;
    • A timeline for the proposed deliverables.

    The Implementing Partner is requested to specify the following in their proposal, including demonstration of relevant experience from similar assignments within or beyond Ukraine:

    • Team lead/focal point for the collaboration with UN-Habitat;
    • Technical lead(s) (if other than the Team Lead);
    • Expertise required to cover the activities;
    • Other additional expertise as proposed by the Implementing Partner for delivery of the services.

    The delivery of the services would need to consider potential risks and influence from external factors that impact on delivery of the services. The Implementing Partner is requested to assess and outline such potential risks associated with delivery of the services, including risk mitigation measures. Some of the risks could include, but is not limited to:

    • Rotation of staff within the Implementing Partner and/or within selected stakeholders affecting their capacity to engage;
    • Unexpected lack of internal capacity to deliver the services.

    The working language of UN-Habitat’s project in Ukraine is English which will be used for all communication with UN-Habitat, including agreements, planning, delivery and follow up of activities. Further, reporting of activities should be done in English. The key deliverables will be prepared in English and in Ukrainian.

    Proposals should also indicate the organisation’s willingness and possibility to have a separate bank account for the funds provided by UN-Habitat.

    4. Eligibility Criteria

    Criteria	Submission Details/ Documents Required
    Legal Status	Certificate of registration/incorporation i.e., Certified true copy of proof of non-Profit Proof of registration in Country of Origin. Proof of registration in Country of operation Proof of country operational presence
    Organization profile and details	The organization’s latest annual report; The organisation’s constitutions and/or by laws Clear organization profile and structure of the organization indicating: Organization’s vision, mission and objectives Management structure Members of the Governing Board and their Designations duly certified by the Corporate Secretary, or its equivalent document Proof of membership to professional associations if any.
    Financial Capacity	Audited company financial statements (balance sheet and income statement) and auditors report for the last two years
    Exclusive bank account	Is the organization willing and able to have a separate bank account for the funds provided by UN-Habitat?
    Integrity and Governance	The organization should complete and submit a signed Partner Declaration Form Link for download: https://t.ly/xmmYt Provide the profiles of the Chairperson of the Board of Directors, Head of the Organization and Chief of Finance

    5. Selection Criteria

    Criteria	Submission Details / Documents Required
    1. Technical capacity	Weighting 25%
    1.1 Does the organization have the relevant experience and proven track record in implementing activities in the areas of the project? Has it managed in the past projects of similar technical complexities and financial size? Is the project linked with the core business of the Implementing Partner? Does it have recognized, and externally validated expertise in the production of legal instruments experience in supporting the legislative drafting process in Ukraine? Does it have an externally validated reputation for independence, integrity, objectivity, and analytical rigor?	List of projects executed in the last 2 years (value, location, donors, nature of projects, execution stage – completed or ongoing). Demonstrate how the experiences in past projects are relevant in the execution of the current proposal References from past donors
    1.2 Does the organization have qualified technical staff with the experience and the technical skills required by the project? What is the staff size, type, qualification and education background?	CVs of key management staff, technical and non-technical staff that will be involved in the project How many technical staff do you have in the concerned country for implementing the project? Is there reasonable assurance that such technical staff required by the project will continue to be available as needed in the Project?
    1.3 Does the organization have a clear and strong link with an identifiable constituency relevant to the targeted audience of the project? Does it have the ability to impact on the targeted population and on the issues? Does it have strong presence in the field and for how long?	Demonstrate, describe and provide proof of local operational presence, including link and ability to impact the targeted audience.
    1.4 Does the organization possess adequate physical facilities, office equipment, transport, etc. to implement the activities?	Provide location and list of office facilities, vehicles and office equipment locally available to implement the project.
    1.5 Does the organization have formal procedures to monitor project execution (e.g. milestones, outputs, expenditures…)	Provide formal project monitoring policies and procedures
    2. Financial and administrative capacity	Weighting 15%
    2.1 Has the organization been in operation over a period of at least 2 years to demonstrate its financial sustainability and relevance?	State the years of operation Financial statements for the last 2 years
    2.2 Does the organization have qualified staffin Finance? Is the current accounting system computerized and does have the capacity to collect and provide separate financial reports on theactivities executed under theAgreement of Cooperation? Does it have systems and practices to monitorand report whetherthe project deliverables and expenditures are within agreedtime and budget? Does it have minimum segregation of duties in place (separation between project management, finance/accounting and executive office)	CVs of key finance and accounting staff Description and key features and controls of the accounting system used Organization structure/ Organogram
    2.3 Does the organization have the capacity to procure goods and services on a transparent and competitive basis?	Copies of procurement policies and procedures. The procedures should show how you procure locally and internationally.
    2.4 Does the organization have formal procedures and controls to mitigate fraud such as multiple signature signatories on bank accounts, reporting and prosecution of incidences of fraud?	Describe anti-fraud controls and provide formal procedures
    2.5 Does the organization have capacity to provide in-kind, financial, personnel contribution as UN-Habitat Implementing Partner in this present project? Please give details of contribution nature and size.	Describe nature and value of contribution (in-kind or cash)
    3. Financial Proposal	Weighting 30%
    3.1 Is the budget for each component of the activity to be performed by the Implementing Partner (i) cost-effective (i.e. the cost should be economical and prudently estimated to avoid any under/over estimation) (ii) justifiable/well supported and (iii) accurate and complete	Budget Proposal Template for the budget proposal: https://t.ly/afPAx Other supporting documents
    4. Technical Proposal	Weighting 30%
    4.1 The technical proposal is sound and responds adequately to the specifications and requirements?	Technical Proposal document Template for the technical proposal: https://t.ly/9ZCkm
    Cumulative score for ratios	100%

    6. How to Apply

    Electronic Submission

    • For more information, please contact unhabitat-ukraine@un.org
    • The proposal must be delivered in electronic format no later than 1 April 2025 20:00 hrs (EET) to the e-mail address: unhabitat-ukraine@un.org
    • Format: PDF files only. Zip, RAR and JPEG files must not be used. Proposers should check the attachment format prior to submissions. UN-Habitat will not be responsible if attachments are in other formats that cannot be opened without additional software.
    • Maximum file size per transmission is 5MB per transmission. There is no restriction on the number of files sent but each transmission must be labelled, for example, 1 of 2.

    Notes:

    1. Interested Organizations must provide information indicating that they are qualified to perform the services (brochure, description of similar assignments, experience in similar conditions, availability of appropriate skills among staff, etc).
    2. The proposals and accompanying documents must be received in accordance with the instructions provided.
    3. Proposals from applicants failing to provide the complete information to fulfill the basic eligibility criteria will be considered non-responsive.
    4. Proposals received after the above deadline will not be considered
    5. Proposals from applicants failing to provide the requested information will be disregarded.
    6. This RFP does not entail any commitment on the part of UN-Habitat, either financial or otherwise. UN-Habitat reserves the right to accept or reject any or all proposals without incurring any obligation to inform the affected applicant(s) of the grounds.
    7. All prices must be in USD.