Consultancy to determine Gaza construction and maintenance contracts frustrated by the on-going war

Result of ServiceThe objective of the consultancy is to: 1. Assess, in close coordination and with the support of UNRWA Field Office in Gaza and relevant internal Headquarters Departments (organized in a Task Force), the status of advancement of the construction/repair works prior to the war and their status. 2. Based on this, develop a strategy for managing relationships and negotiations with contractors ensuring UNRWA contractual obligations are fully executed. 3. Lead the negotiation process with the contractors and where required engage with donors in close coordination with ERCD and the Task Force to ensure all applicable contracts are fairly executed to conclusion. Expected Deliverables - Inception Report (within 1 week): Methodology and work plan - Interim Report: outlining status of works of each project and negotiation strategy for each project with the contractor/company, highlighting different scenarios, and risks, advantages and disadvantages, financial compensation, if any etc. associated with each scenario/strategy. (within 6 weeks of the start date) - Engagement with contractors and discussing feasible options in line with the above Interim Report and UNRWA suggestions to ensure the Agency's obligations under each contract are executed. (within 10 weeks of the start date) - Final Report: Comprehensive report on the step taken and outcome of negotiations for each project and strategic recommendations for the future. It should include comprehensive documentation in the appropriate format and records outlining the whole process. (within 12 weeks of the start date) Work LocationPreferably based in Amman or remote with regular on-site presence at UNRWA HQ Amman (frequency to be agreed, no. of days per month); possible travel to Gaza (security situation allowing). Expected durationThe consultancy is expected to start as soon as possible and run for a period of 3 months, with exceptional possible extension depending on needs and performance. Duties and ResponsibilitiesBackground and Context: Prior to the war in Gaza, UNRWA had several projects for the construction and maintenance of its installations ongoing in Gaza, which were contracted to Gaza based construction compagnies. The majority of these works, which include UNRWA installations/facilities, infrastructure/WASH and camp improvement, are funded by project funding from public donors. At the onset of the war, the works have been interrupted, and it is expected that a number of these projects have suffered major damage or have been completely destroyed. In some cases, work had been partially completed by the contractor prior to the onset of the war and some payments had been issued. Considering the financial and legal implications, UNRWA is seeking an experienced Consultant to work in close coordination with UNRWA Gaza Field Office (GFO) and relevant UNRWA headquarters departments particularly Infrastructure and Camp Improvement Department (ICID-HQA) and Department of Legal Affairs (DLA) to establish the status of the works and any outstanding payments fairly due to the contractors prior to the 7 October 2023, assess and implement a strategy for engagement with contractors and through negotiation bring contracts to termination. The Consultant will: - Review all existing/available project documentation (provided by GFO Field Infrastructure and Camp Improvement Programme - FICIP), including contracts, progress reports and payment records. - Coordinate assessments with the engineering team of the GFO on the ground to establish and, where possible, evaluate the physical state of all projects that were awarded to contractors. - Liaise closely with the Engineering (ICIP), Procurement, Donor Relations, and Legal departments (Task Force) to gather input and define internal strategies. - Propose negotiation strategies tailored to the status of each project, outlining different scenarios with strategies, including risks and mitigation measures, advantages and disadvantages with each scenario/strategy, the actions to be taken under each project and proposed financial compensation, if any. - Draft clear internal briefing notes and negotiation frameworks to ensure termination of relevant contracts. - Lead the negotiation meetings with contractors and participate, if necessary, in engagement with donors in coordination with ERCD. - Produce a final comprehensive report outlining the actions taken under each project, the final closure status and key recommendations and lessons learned for the future. Qualifications/special skills- A university degree from an accredited educational institution in civil engineering, construction, architecture, or a related discipline. - At least twelve years of progressively responsible and relevant experience in project planning, programme or project management and coordination. - Proven experience in construction project management and construction conflict resolution, preferably in conflict or post-conflict settings. - Strong understanding of contractual, financial, and legal frameworks related to construction and humanitarian programming within a UN context - Demonstrated ability to navigate complex negotiations involving multiple stakeholders. - Knowledge of donor compliance requirements. - Excellent coordination, communication and report writing skills. LanguagesFluency in English and Arabic required. Additional InformationSupervision and Reporting The Consultant will report to both the Director of UNRWA Affairs in Gaza and the Director of the ICIP in HQ Amman. In addition, he/she will work in close coordination with and report regularly on progress of works to the internal UNRWA Task Force composed of Gaza Field Office (including Field Infrastructure and Camp Improvement Programme), Executive Office and relevant HQ departments, including Department of Legal affairs, Central Support Services Division, External relations and Communications Department, Finance Department, Infrastructure and Camp Improvement Department. The consultant will work autonomously, frequently engaging GFO, relevant UNRWA departments and the established Task Force. The consultant should be fully independent from the perspective of IT equipment and other resources to complete outlined tasks. Desk space can be provided at HQA for the consultant to work, as required. Remuneration: The consultant will be remunerated at the P5. All required travels, if any, including flight and DSA, will be arranged and covered by UNRWA. No FeeTHE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.