Call for Expression of Interest

Dear Partners, please be informed, that Expression of Interest submission deadline is extended till 6 November 2024

UA10-2024-IP71 – “Supporting the Government and Civil Society of Ukraine to Develop a Consultative Platform for Victims of Human Rights Violations and increase the capacity of national and international actors to develop and implement reparations mechanisms”

1.         Timeline 

2.        Locations

IOM is aiming to contract Implementing Partners (IPs) to conduct comprehensive consultations with HRV survivors in Kyiv, Lviv, Kharkiv, Dnipro, Zaporizhzhia, Kherson, and Odesa oblasts, or in any other region if the Proponent provides a proper justification. IOM reserves the right to amend the list of locations based on the security considerations, Donor’s requirements, and any other factors that may change during project implementation. Amendments to the list of locations will be made in coordination and agreement with the Implementing Partner.

Each Proponent needs to submit a Concept Note and a detailed budget of direct costs. Proponents should provide one budget including activities in all requested locations. In the Concept Note, the Proponent should indicate not only area of implementation but provide details on the City and Oblasts where The Proponent has capacity to implement project activities through already established direct presence. Proponents should demonstrate their level of access to target areas and linkage/familiarity with local actors (e.g. HRV survivors' networks, NGOs delivering assistance to HRV survivors, etc.).

Precise locations for data collection will be further coordinated and approved by IOM based on access guidance provided by field experts in consultation with Proponent understanding of local context. IOM will also provide in advance instruction on the methodology for consultation to be implemented in each location.  

3.        Sector(s) and area(s) of specialization

The planned activities aim to contribute to increasing access to interim and long-term reparations by identifying the needs and expectations of HRV survivors through consultations based on the principles of informed, voluntary participation, Do-No-Harm, confidentiality, anonymity, and data protection.    

4.        Issuing Agency

International Organization for Migration (IOM), Mission in Ukraine.

5.        Project Background

The full-scale Russian invasion of Ukraine since 24 February 2022, coupled with the longstanding conflict since 2014 in the east of Ukraine and the annexation of Crimea, has severely impacted the lives of the Ukrainians. The war has not only triggered a massive displacement of the population and strain on social assistance and livelihood resources but also led to an unprecedented spike in HRV cases. The risks and incidents of HRV, particularly in the grey zones and in the temporarily occupied territories, have further destabilized communities and worsened the already dire situation for the people of Ukraine.

IOM has been supporting the GoU in the development and implementation of domestic and international survivors’ reparations mechanisms that would provide remedies to the growing number of HRV survivors as indicated by the numerous reports concerning war crimes, crimes against humanity and gross HRVs documented by GoU, United Nations bodies, international partners and human rights organizations; the provisions contained in the International Human Rights Law (IHRL) and the International Humanitarian Law (IHL), as well as international soft law instruments such as the United Nations Secretary-General Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of IHRL and Serious Violations of IHL.

The list of violations of IHL and IHRL committed by the Russian Federation armed forces and other actors are numerous and it continues to expand as the war and the atrocities continue. Based on existing records, the perpetrators have already committed acts such as murder, deportation or forced transfer of population, imprisonment, torture, grave forms of sexual violence, persecution, enforced disappearances and possibly enslavement and forced labour. The indiscriminate attacks have not only resulted in loss of human life and personal injuries, but also caused massive levels of destruction of private and public properties, forced displacement and loss of access to health care, education, livelihood, social protection and other basic human rights guaranteed by the Constitution of Ukraine and international conventions and treaties. 

Many individual survivors, and sometimes entire communities, have been subject to more than one type of violations. For example, a single forcibly displaced person might have simultaneously or consecutively suffered torture and sexual violence, loss of family member due to murder, destruction of housing, land and property (HLP) and deprivation of access to education or livelihoods. Similarly, a person who was not able to flee might have been subject to the arbitrary detention in inhumane conditions, torture, deportation, enforced citizen/civil status (e.g., forced passportization), loss of access to pension and other social benefits, sexual violence and possibly forced labour.

6.        Expected Results

IOM in partnership with IPs plans to conduct comprehensive consultations, which include focus group discussions followed by individual semi-structured interviews, with HRV survivors in accordance with the consultation methodology provided by IOM. The consultation process aims to contribute to increasing access to interim and long-term reparations by identifying the needs and expectations of HRV survivors to adjust the multisectoral response services linked to reparative measures.

Consultations will be held with survivors of 7 different HRV categories, and therefore there are 7 lots. IOM considers Implementing Partners who can cover one or more lots.  

Lot 1. Consultations with survivors of injuries (civilians), and their family members; families of murdered civilians.

Minimum of 1 focus group discussion and 10 face to face individual semi-structured interviews with survivors of injuries (civilians), and their family members; families of murdered civilians. Focus group discussions and individual semi-structured interviews are to be conducted in Kyiv, Lviv, Kharkiv, Dnipro, Zaporizhzhia, Kherson, and Odesa oblasts, or in any other region if the Proponent provides a proper justification.

Lot 2. Consultations with survivors of enforced disappearance, their family members and legal representatives (in case of children).

Minimum of 1 focus group discussion and 10 face to face individual semi-structured interviews with survivors of enforced disappearance, their family members and legal representatives (in the case of children). Focus group discussions and individual semi-structured interviews are to be conducted in Kyiv, Lviv, Kharkiv, Dnipro, Zaporizhzhia, Kherson, and Odesa oblasts, or in any other region if the Proponent provides a proper justification.

Lot 3. Consultations with survivors of torture or inhuman, cruel, degrading treatment and their family members.

Minimum of 1 focus group discussion and 10 face to face individual semi-structured interviews with survivors of torture or inhuman, cruel, degrading treatment and their family members. Focus group discussions and individual semi-structured interviews are to be conducted in Kyiv, Lviv, Kharkiv, Dnipro, Zaporizhzhia, Kherson, and Odesa oblasts, or in any other region if the Proponent provides a proper justification.

Lot 4. Consultations with survivors of impediments/restrictions to freedom of movement, siege or forced displacement and their family members

Minimum of 1 focus group discussion and 10 face to face individual semi-structured interviews with survivors of impediments/restrictions to freedom of movement, siege or forced displacement and their family members. Focus group discussions and individual semi-structured interviews are to be conducted in Kyiv, Lviv, Kharkiv, Dnipro, Zaporizhzhia, Kherson, and Odesa oblasts, or in any other region if the Proponent provides a proper justification.

Lot 5. Consultations with survivors of violation of residents’ housing, land and property rights

Minimum of 1 focus group discussion and 10 face to face individual semi-structured interviews with survivors of violation of residents’ housing, land and property rights. Focus group discussions and individual semi-structured interviews are to be conducted in Kyiv, Lviv, Kharkiv, Dnipro, Zaporizhzhia, Kherson, and Odesa oblasts, or in any other region if the Proponent provides a proper justification.

Lot 6. Consultations with families and legal representatives of children who survived grave violations

Minimum of 1 focus group discussion and 10 face to face individual semi-structured interviews with families and legal representatives of children who survived grave violations. Focus group discussions and individual semi-structured interviews are to be conducted in Kyiv, Lviv, Kharkiv, Dnipro, Zaporizhzhia, Kherson, and Odesa oblasts, or in any other region if the Proponent provides a proper justification.

Lot 7. Consultations with survivors of impediments and/or restrictions to access to documentation, remedies and justice

Minimum of 1 focus group discussion and 10 face to face individual semi-structured interviews with survivors of impediments and/or restrictions to access documentation, remedies and justice. Focus group discussions and individual semi-structured interviews are to be conducted in Kyiv, Lviv, Kharkiv, Dnipro, Zaporizhzhia, Kherson, and Odesa oblasts, or in any other region if the Proponent provides a proper justification.

The data obtained during the consultations should be collected and transferred to IOM per the guidelines provided by IOM. IP will arrange the logistics of the consultations (venue, catering and transportation of participants to the consultation venue, if necessary), invite survivors to consultations, hold focus group discussions and individual semi-structured interviews, ensure data collection through focus group discussions and interviews and transfer the data to IOM. 

PROPONENTS SHOULD PROVIDE SEPARATE BUDGETS AND CONCEPT NOTES FOR EACH LOT.

CONSOLIDATED BUDGETS AND CONCEPT NOTES FOR SEVERAL LOTS WILL NOT BE CONSIDERED

Each Proponent can submit separate budgets and Concept Notes either for one, several or for all Lots. In the Concept Note, Proponent should indicate Lot reference number.

IOM announces this Call for Expression of Interest (CEI) among qualified Intergovernmental Organizations (IGOs), Non-Government Organizations (NGOs), International Non-Governmental Organizations (INGOs), International Civil Society Organizations (ICSOs), Civil Society Organizations (CSOs), Locally-Based Organizations (LBOs) or Human Rights Organizations supporting HRV survivors hereinafter referred to as the “Applicants”, to be further engaged by IOM to deliver non-profit activities where IOM and the IP will jointly contribute time and resources and share risks and responsibilities linked to the projects, hereinafter referred to as the “Activities”, targeted at providing a robust response to the needs of HRV survivors as described above.

7.        Indicative Budget

The budget should be based on the proposed implementation logic. The Applicants should provide separate budgets for each Lot using template provided in Budget Template (Annex 3). Consolidated budgets will not be considered. Each Applicant can submit separate budgets and either for one, several or for all lots.

8.      General Conditions

1. 1. It is expected that Applicants would mainly identify the needs per activity and arrange access to the areas and benefiting entities/households for further implementation of Activities stated in this CEI.
   2. The selected IP(-s) shall perform the Activities according to the Terms of Reference (Annex 1). The engagement between IOM and the IP shall be further covered with a Project Implementation Agreement using the Project Implementation Agreement Template (Annex 11) after final confirmation of project implementation.
   3. The Applicants need to demonstrate their capacity to implement all listed activities as a single package. Partial applications for individual Activities will not be considered.
   4. All IP(-s) will receive written notifications, within one month after the deadline for the submission of CEI application documents, of the outcome of the selection process. Should an Applicant request further clarification, IOM will provide a response explaining the transparency and integrity of the selection process undertaken.
   5. IOM reserves the right to decline disclosure of the specificity of decision derived by the IOM mission due to reasons related to confidentiality.
   6. IOM reserves the right to accept or reject any Application, annul the selection process, and reject all Calls for expression of interest at any time, without thereby incurring any liability to the affected by Implementing Partners.
   7. In case the Applicant has an existing agreement with IOM, it should not be asked to sign an agreement that would conflict with their prior or current obligations to other IOM projects or that may place them in a position of not being able to carry out the responsibilities in the best interest of the IOM.

9.        Eligible Applicants

1. 1. Proponents should be any Intergovernmental Organizations (IGOs), Non-Government Organizations (NGOs), International Non-Governmental Organizations (INGOs), International Civil Society Organizations (ICSOs), Civil Society Organizations (CSOs), Locally-Based Organizations (LBOs) or Human Rights Organizations supporting HRV survivors registered with the appropriate government agencies in Ukraine and shall be able to implement humanitarian activities in the locations indicated in Chapter 2 of this CEI. Applicants must submit copies of their government registration documents as indicated in Article 14.6 of this CEI.
   2. As a minimum requirement, the Applicant should have majority of the key professional with at least two years of relevant experience. Preference will be given to Applicants whose key professional staff are on permanent employment contracts or at least have a stable working relationship with the Applicant.
   3. Applicants shall not be involved in terrorist act/criminal activities or associated with individuals and/or entities associated with terrorist act/criminal activities. For this purpose, organizations shall not be included in the proscribed list of individuals and/or entities as contained in the 1267 Committee of the UN Security Council Counter Terrorism Committee (CTC).  
   4. The documentary evidence of the Applicants’ eligibility to bid shall establish to IOM’s satisfaction. IOM reserves the right to ask the Applicants to submit additional documents to enable IOM to fully evaluate the eligibility of the Applicants.

10.      Evaluation of Applications and Selection Criteria

1. 1.     IOM Ukraine shall determine the Application(s) that is/are most favorable to its operation.
   2. Applications that were submitted not according to the technical requirements and provisions required in this CEI, shall not be considered for evaluation.
   3. The Application shall be evaluated based on their responsiveness to the Terms of References, based on the criteria and their weight below:

Technical Part (first - tier)

Financial Part (second - tier)

1. 4. Only proposals that achieve a score of 56 points (equivalent to 70%) in the first-tier evaluation (technical part) shall be included in the second-tier evaluation (financial part).  
   5. In evaluating the budget proposals, the IP Selection Committee (IPSC) shall first determine the completeness of the proposed budget and its compliance with the prescribed forms and presentation as indicated in Annex 1 and Chapter 7 of this CEI.
   6. IP selection committee (IPSC) shall check the accuracy of the computation. In case there are errors in the computation, IPSC shall correct the error and ask the Applicants to confirm and accept the correction. Similarly, if there is a discrepancy between the budget in figures and in words, the IPCS shall ask the Applicants to confirm the budget presented in words. If the Applicants refuses to accept the corrected budget and/or the budget in words, their Applications shall no longer be considered for further evaluation.
   7. In case activities and items are mentioned in the technical proposal but there is no corresponding budget in the budget proposal, the IPSC shall assume that the budget required for the activities and items are included in other activity lines.
   8. Budget proposals shall be evaluated based on their economy (50 %) and feasibility (50 %). The Applications shall be ranked on a graduated manner according to their level of economy and feasibility. The lowest feasible budget shall get 50 % for feasibility and 50 % economy, resulting to a perfect score of 100 %.

11.      Attachments

12.      For more information please visit IOM Ukraine webpage: https://www.iom.int

13. Amendment of Call for Expression of Interest Documents
    1. At any time prior to the deadline for submission of Applications, IOM, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Applicant, may modify this Call for Expression of Interest by issuing amendment(s).
    2. All prospective Applicants who received the initial Call for Expression of Interest documents will be notified of the amendment in writing and will be binding on them. Amended document prevails.
    3. To allow prospective Applicants reasonable time in which to take the amendment into account in preparing their Applications, IOM, at its discretion, may extend the deadline for the submission of Applications.

14.      Expression of Interest submission guidelines

1. 1. The Applications must be sent in the form of scanned copies of all the documents in pdf format to the address smukr_iom_ippt@iom.int before the indicated deadline – 24:00 (GMT +02:00) on 6 November 2024.
   2. The total size of the attachment sent in a single message should not exceed 7 MB. Otherwise, files shall be uploaded to any open file sharing service (Dropbox, OneDrive, etc.) that does not require registration, and the link to download the folder with files shall be sent via email.

Please, indicate clearly in the subject line of an e-mail with the following information:

UA10-2024-IP71 – “Supporting the Government and Civil Society of Ukraine to Develop a Consultative Platform for Victims of Human Rights Violations and increase the capacity of national and international actors to develop and implement reparations mechanisms” - [NGO’s name]

1. 3. Applications submitted after the deadline shall not be accepted. In case Application is not accepted, the further participation of Implementing Partner(-s) will be annulled. 
   4. As much as possible the Applications shall not have hand-written corrections. In case of inevitable situation that a correction must be made manually, the correction shall be counter-signed by the officer of the Implementing Partner(-s) who signed the Application.
   5. The date and time of receipt of the email containing the electronic copy of the Application shall be used as the actual date and time of receipt of the electronic copy of the Application. In case of multiple emails containing the Application, the date and time of receipt of the first email shall be the date and time of receipt of the Application. IOM reserves the right to reject all of Applications received after the deadline.
   6.   Applicants shall submit the following signed and stamped documents to prove that they meet the minimum qualification as an organization and must submit proof that they have staff with the necessary credentials to be deployed in the project in case they are selected:

1. Annex 2 - Concept Note with Cover Letter
2. Annex 3 - Budget
3. Annex 4 - General Information Questionnaire
4. Annex 5 - Financial Assessment
5. Annex 6 - List of Implemented Projects
6. Annex 7 - List of staff engaged into project implementation and CVs
7. Annex 8 - Partner Information Sheet
8. Annex 9 - Declaration of Conformity
1. Annex 10 - PSEA Capacity Assessment   

Additionally, Applicants are required to submit the following documents:

- Charter

- Registration documents (EDRPOU, Certificate of Registration, etc.)

- Bank account certificate

- Non-profit certificate

- Staff Organigram

- Copies of financial statements submitted to the tax inspection for the last two years

- Board of trustees with translation to English 

- Procurement Policy

- Monitoring and Evaluation System

- Current System of Financial Control

- Current Reporting System

- Internal travel policy

- Anti-fraud policy

- Safety policy

- HR and Recruitment policy

- Gender-Based Violence policy

- Accountability, Complaint and Feedback mechanisms

IOM reserves the right to request additional documents that may be potentially needed for evaluation based on Donor’s requirements and any other factors.

14.7       All clarification requests regarding any provision/item in Call for Expression of Interest document should be sent in writing through email to smukr_iom_ippt@iom.int attention: IOM IPSC at least 3 calendar days before the deadline of submission of the Application. The subject of such email shall be:

UA10-2024-IP71 – “Supporting the Government and Civil Society of Ukraine to Develop a Consultative Platform for Victims of Human Rights Violations and increase the capacity of national and international actors to develop and implement reparations mechanisms” - [NGO’s name] – Request for Clarifications

1. 8. IOM will respond in writing to requests for clarification received not later than 3 days before the deadline of the submission to Applications. IOM shall circulate to all Applicants, the questions/clarification request, and its answers.
   9. A detailed description must be provided of how the requirements specified in the Call for Expression of Interest will be matched by the capabilities, experience, knowledge, and expertise of the Implementing Partners.
   10. The Application must be submitted in the English and Ukrainian languages and in the format prescribed by IOM within the CEI. All required information must be provided, responding clearly and concisely to all the points set out. Any application which does not fully and comprehensively address these CEI requirements may be rejected.
   11. The Application document should comprise of the following:

1. 1. Cover Letter.
   2. Duly accomplished application documentation as outlined within clause 14.6 signed on all pages by the Implementing Partner’s Authorized Representative; and
   3. Any other relevant documents

1. 12. Applications may be modified or withdrawn in writing, prior to the closing time specified in this Request for EoI. Applications shall not be modified or withdrawn after the deadline.
   13. The Implementing Partner(-s) shall bear all costs associated with the preparation and submission of the Application and IOM will not in any case be responsible and liable for the costs incurred.
   14. IOM on no occasion will ask an application fee from Implementing Partners.
   15. All information given in writing to or verbally shared with the Implementing Partners in connection with this CEI is to be treated as strictly confidential. The Implementing Partner shall not share or invoke such information to any third party without the prior written approval of IOM. This obligation shall continue after the selection process has been completed whether the Implementing Partner application is successful.
   16. IOM will treat all information (or that marked proprietary/sensitive/financial) received from Applicants as confidential and any personal data in accordance with its Data Protection Principles.
   17. The Implementing Partner by applying gives consent to IOM to share information with those who need to know for the purposes of evaluating and managing the proposal.
   18. IOM reserves the right to accept or reject any Application, and to cancel the process and reject all Applications, at any time without thereby incurring any liability to the affected Implementing partner or any obligation to inform the affected Implementing partner of the ground for IOM’s action.
   19. Partners can use IOM's We Are All In platform for reporting fraud, corruption or misconduct. 
   20. By submitting the application/expression of interest, the applicant confirms adherence to IOM’s Declaration of Conformity Form (Annex 9) and acknowledges receipt of the list of Proscribed Practices.

15. Corrupt, Fraudulent, Collusive and Coercive Practices

0. 1. IOM requires that all IOM staff, proponents, manufacturers, suppliers, or distributors, observe the highest standard of ethics during procurement and execution of all agreements. IOM shall reject any Applications put forward by Applicants or where applicable terminate their agreement, if it is determined that they have engaged in corrupt, fraudulent, collusive, or coercive practices. In pursuance of this document, IOM defines, for the purposes of this provision, the terms set forth below as follows:
1. “corrupt practice” means the offering, giving, receiving or soliciting directly or indirectly anything of value to influence the action of the Procuring/Contracting Entity in the procurement process or in agreement execution;
2. “fraudulent practice” is any acts or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, the Procuring/Contracting Entity in the procurement process or the execution of an agreement, to obtain a financial gain or other benefit to avoid an obligation;
3. “collusive practice” is an undisclosed arrangement between two or more Implementing Partners designed to artificially alter the results of the tender procedure to obtain a financial gain or benefit;
4. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any participant in the tender process to influence improperly its activities in a procurement process, or after the execution of an agreement.
   
   2. IOM will reject Application for award if it determines that the Implementing Partner(-s) recommended for award has engaged in corrupt, fraudulent, collusive or coercive practices in competing for the agreement in question.

16. Conflict of Interest

1. 1. IOM requires that all its contracts and agreements to be devoid of any form of conflict of interests. IOM staff are required to disclose their affiliation with any Implementing Partner(-s) before the evaluation of the Applications is conducted. Similarly, all Implementing Partner(-s) shall disclose any affiliation they or any of their staff may have with anyone working with IOM especially those who are affiliated with either the requesting program or the Procurement Unit of the mission. Failure on the part of the proponent to do such disclosure shall be construed as a violation to the ethical standards required from proponents for this Call for Expression of Interest.

All Implementing Partner(-s) found to have conflict of interests shall be disqualified to participate in this Call for Expression of Interest. Aside from the definition in 16.1 above, the following are considered form of conflict of interests:

1. If any director, member(s) of the board or any other key personnel of Implementing Partner(-s) is/are also connected in any capacity, with another Implementing Partner(-s); 
2. If Implementing Partner(-s) has direct access to information within IOM, whether through an IOM staff or any other source, that gives the Implementing Partner(-s) undue advantage over the other Implementing Partner(-s);
3. If Implementing Partner(-s) has connection with key IOM staff who has significant influence on the outcome of the evaluation of the Applications in response to this Call for Expression of Interest;
4. If Implementing Partner(-s) submits more than one Application: and
5. If Implementing Partner(-s) who participated in the preparation of the terms of reference of this Call for Expression of Interest submits their own application. 

17.      Period of Validity of the Applications

17.1 Applications shall remain valid for a period of at least 45 days from the date of their opening prescribed in this document. IOM reserves the right to reject any or all bids that do not comply with this requirement.

17.2 In exceptional circumstances, prior to expiry of the validity of the Application, IOM may request the Implementing Partner(-s) to extend the period of validity of the Application for another 15 days. The request and the Implementing Partner(-s) responses shall be made in writing. 

18.      Negotiations

18.1 After the evaluation of the Applications, IOM may clarify any provisions in their Applications with the Implementing Partner(-s) and if necessary, negotiate further any provision in the Application of the Implementing Partner(-s). The aim of the negotiation is to reach an agreement on all points.

18.2 Negotiation will include: a) discussion and clarification of the project activities to be implemented within its frameworks; b) discussion and finalization of methodology and work program proposed by Implementing Partner(-s); c) consideration of appropriateness of qualifications of the personnel to be assigned to the job, and schedule of activities (staff schedule); d) discussion on the materials, facilities and data, to be provided by IOM;  e) discussion and finalization of the reporting system (narrative and financial reports).

19.      Confidentiality

19.1 Information related to Applications evaluation and recommendations regarding projects shall not be disclosed to Implementing Partner(-s) that submitted Applications or to other persons not officially related to the process. The undue use by any Implementing Partner(-s) of confidential information related to the process may result in the rejection of its application and may be subject to provisions of IOM’s anti-fraud and corruption policy.