TENDER FILE / TERMS OF REFERENCE

(Competitive bidding procedure / Framework Contract)

Purchase of national consultancy services in the sphere of criminal justice in Ukraine, under the project “Fostering Human Rights in the Criminal Justice System in Ukraine – Phase II”.

Contract N°9315/2025/4

In the framework of the Council of Europe Action Plan for Ukraine 2023-2026, the Council of Europe is currently implementing a number of projects aimed at supporting the Ukrainian authorities in the implementation of the European Convention on Human Rights in the war and/or post-war context along with strengthening the human rights protection for justice‑sector stakeholders (hereinafter – criminal‑justice actors), and other groups of the war-affected population.

In that context, it is looking for Providers for the provision of national consultancy services in the sphere of criminal justice, with particular focus on prosecutorial reform for criminal‑justice actors, and the professionals in Ukraine to be requested by the Council on an as-needed basis.

A.    TENDER RULES

This tender procedure is a competitive bidding procedure. In accordance with Rule 1395 of the Secretary General of the Council of Europe on the procurement procedures of the Council of Europe[1], the Organisation shall invite to tender at least three potential providers for any purchase between €2,000 (or €6,000 for intellectual services) and €171,000 tax exclusive.

This specific tender procedure aims at concluding a framework contract for the provision of deliverables described in the Act of Engagement (See attached). A tender is considered valid for 180 calendar days as from the closing date for submission. The selection of tenderers will be made in the light of the criteria indicated below. All tenderers will be informed in writing of the outcome of the procedure.

The tenderer must be either a natural person, a legal person or consortia of legal and/or natural persons.

Tenders shall be submittedby email only (with attachments) to the email address indicated in the table below, with the following reference in subject: Tender N°9315/2025/4. Tenders addressed to another email address will be rejected.

The general information and contact details for this procedure are indicated on this page. You are invited to use the CoE Contact details indicated below for any question you may have. All questions shall be submitted at least 5 (five) working days before the deadline for submission of the tenders and shall be exclusively addressed to the email address indicated below with the following reference in subject: Questions – Tender N°9315/2025/4.

Type of contract ►	Framework contract
Duration ►	Until 31 December 2026
Deadline for submission of tenders/offers ►	31 August 2025 12:00 Kyiv time
Email for submission of tenders/offers ►	[email protected]
Email for questions ►	[email protected]
Expected starting date of execution ►	29 September 2025

B.    EXPECTED DELIVERABLES

Background of the Project

The Council of Europe Action Plan for Ukraine “Resilience, Recovery and Reconstruction” 2023-2026 has been prepared in close consultation with the Ukrainian authorities, as a response to the determination and resolve of Ukraine’s authorities and people to engage in rebuilding the country. The proposed measures, based on Council of Europe and European standards, are aimed at accompanying the reconstruction process and economic recovery in Ukraine with support to strengthen the resilience of Ukrainian public institutions, to enhance democratic governance and the rule of law and to protect citizens’ fundamental rights.

The Council of Europe Office in Ukraine is implementing several projects that help Ukrainian institutions apply the European Convention on Human Rights in wartime and post-war conditions, while also reinforcing human-rights safeguards for actors within the criminal-justice system.

The Council of Europe is looking to engage up to 20 Providers per lot (subject to the number of eligible tenders) to support the implementation of this project with specific expertise in criminal justice, in particular prosecutorial reform, targeting actors and institutions within Ukraine's criminal justice system.

This Contract is currently estimated to cover up to 100 activities, to be held by 31 December 2026. This estimate is for information only and shall not constitute any sort of contractual commitment on the part of the Council of Europe. The Contract may potentially represent a higher or lower number of activities, depending on the evolving needs of the Organisation.

For information purposes only, the total amount of the object of present tender shall not exceed 77,000 Euros tax exclusive for the whole duration of the Framework Contract. This information does not constitute any sort of contractual commitment or obligation on the part of the Council of Europe.

Lots

The present tendering procedure aims to select Provider(s) to support the implementation of the project and is divided into the following lots:

Lot 1: Provision of Expertise  on Criminal Justice in Line with Council of Europe Standards  in War-Related Contexts and EU Accession

This lot involves expert support and legal expertise to strengthen Ukraine’s criminal justice system in accordance with European standards, particularly in relation to:

• Legislative analysis and development of Ukraine’s legal response to war crimes and related issues (especially harmonisation with the Rome Statute, in absentia proceedings, and collaboration cases in line with Council of Europe standards).
• Support for the implementation of judgments of the European Court of Human Rights in the Ignatov v. Ukraine (40583/15, 15.03.2017), Kaverzin v. Ukraine (23893/03, 15.08.2012), and Merit v. Ukraine (66561/01, 30.06.2004) case groups - on unlawful detention practices, ill-treatment by law enforcement officers and ineffective investigation, length of criminal proceedings.
• Contributions to legal reforms relevant to Ukraine’s EU accession process (e.g. cooperation in criminal matters, investigation of ill-treatment).
• Development of training materials on Council of Europe standards.
• Capacity building for judges, prosecutors, and legal aid lawyers, particularly regarding war-related cases and effective investigations.

Lot 2: Provision of Expertise related to the reform of the Public Prosecution System in Line with Council of Europe Standards and EU Accession Requirements

This lot focuses on institutional support for Ukraine’s public prosecution system, with an emphasis on:

• Expert input on developing self-governing and disciplinary bodies of the prosecution service (e.g. data collection and gap analysis, institutional audits, policy briefs).
• Support in implementing recommendations of the Venice Commission, GRECO, and other CoE monitoring bodies (e.g. performance assessments, internal procedures, case management, and alignment with CoE/EU standards).
• Assistance with legal and structural reforms related to EU integration.
• Capacity building for prosecutors and staff of self-governing and disciplinary bodies.

Lot 3: Legal Editing and Terminology

This lot covers legal proofreading and editing services:

• Review and refinement of legal texts, with emphasis on consistent use of terminology aligned with the European Convention on Human Rights and Court case law.

Lot 4: Provision of support for Organisational and Strategic Development

This lot supports the institutional strengthening of beneficiary institutions through:

• Strategic planning and organisational development support.
• Enhancing internal and external communication and coordination.
• Developing recommendations for effective adult education methods on Council of Europe standards.

The Council will select the abovementioned number of Provider(s) overall, provided enough tenders meet the criteria indicated below. Tenderers are invited to indicate which lot(s) they are tendering for (see Section A of the Act of Engagement).

Scope of the Framework Contract

Throughout the duration of the Framework Contract, pre-selected Providers may be asked to provide the services described above under each lot.

The above list is not considered exhaustive. The Council reserves the right to request deliverables not explicitly mentioned in the above list of expected services, but related to the field of expertise object of the present Framework Contract.

In terms of quality requirements, the pre-selected Service Providers must ensure, inter alia, that:

·         The services are provided to the highest professional/academic standard;

·         Any specific instructions given by the Council – whenever this is the case – are followed.

In addition to the orders requested on an as needed basis, the Provider shall keep regular communication with the Council to ensure continuing exchange of information relevant to the project implementation. This involves, among others, to inform the Council as soon as it becomes aware, during the execution of the Contract, of any initiatives and/or adopted laws and regulations, policies, strategies or action plans or any other development related to the object of the Contract (see more on general obligations of the Provider in Article 3.1.2 of the Legal Conditions in the Act of Engagement).

Unless otherwise agreed with the Council, written documents produced by the Provider shall be in English (see more on requirements for written documents in Articles 3.2.2 and 3.2.3 of the Legal Conditions in the Act of Engagement).

C.    FEES

Tenderers are invited to indicate their fees, by completing and sending the table of fees, as attached in Section A to the Act of Engagement. These fees are final and not subject to review. Tenders proposing fees above the exclusion level indicated in the Table of fees will be entirely and automatically excluded from the tender procedure.

The Council will indicate on each Order Form (see Section D below) the global fee corresponding to each deliverable, calculated on the basis of the unit fees, as agreed under this Contract.

D.   HOW WILL THIS FRAMEWORK CONTRACT WORK? (Ordering PROCEDURE)

Once the selection procedure is completed, you will be informed accordingly. Deliverables will then be delivered on the basis of Order Forms submitted by the Council to the selected Provider (s), by post or electronically, on an as-needed basis (there is therefore no obligation to order on the part of the Council).

Pooling

For each Order, the Council will choose from the pool of pre-selected tenderers the Provider who demonstrably offers best value for money for its requirement when assessed – for the Order concerned – against the criteria of:

-          quality (including as appropriate: capability, expertise, past performance, availability of resources and proposed methods of undertaking the work);

-          availability (including, without limitation, capacity to meet required deadlines and, where relevant, geographical location); and

-          price.

Each time an Order Form is sent, the selected Provider undertakes to take all the necessary measures to send it signed to the Council within 2 (two) working days after its reception. If a Provider is unable to take an Order or if no reply is given on his behalf within that deadline, the Council may call on another Provider using the same criteria, and so on until a suitable Provider is contracted.

Providers subject to VAT

The Provider, if subject to VAT, shall also send, together with each signed Form, a quote[2] (Pro Forma invoice) in line with the indications specified on each Order Form, and including:

-    the Service Provider’s name and address;

-    its VAT number;

-    the full list of services;

-    the fee per type of deliverables (in the currency indicated on the Act of Engagement, tax exclusive);

-    the total amount per type of deliverables (in the currency indicated on the Act of Engagement, tax exclusive);

-    the total amount (in the currency indicated on the Act of Engagement), tax exclusive, the applicable VAT rate, the amount of VAT and the amount VAT inclusive.

Signature of orders

An Order Form is considered to be legally binding when the Order, signed by the Provider, is approved by the Council, by displaying a Council’s Purchase Order number on the Order, as well as by signing and stamping the Order concerned. Copy of each approved Order Form shall be sent to the Provider, to the extent possible on the day of its signature.

E.    ASSESSMENT

Exclusion criteria and absence of conflict of interests

(by signing the Act of Engagement, you declare on your honour not being in any of the below situations)^[3]

Tenderers shall be excluded from participating in the tender procedure if they:

• have been sentenced by final judgment on one or more of the following charges: participation in a criminal organisation, corruption, fraud, money laundering, terrorist financing, terrorist offences or offences linked to terrorist activities, child labour or trafficking in human beings;
• are in a situation of bankruptcy, liquidation, termination of activity, insolvency or arrangement with creditors or any like situation arising from a procedure of the same kind, or are subject to a procedure of the same kind;
• have received a judgment with res judicata force, finding an offence that affects their professional integrity or serious professional misconduct;
• do not comply with their obligations as regards payment of social security contributions, taxes and dues, according to the statutory provisions of their country of incorporation, establishment or residence;

·        are an entity created to circumvent tax, social or other legal obligations (empty shell company), have ever created or are in the process of creation of such an entity;

·        have been involved in mismanagement of the Council of Europe funds or public funds;

·        are or appear to be in a situation of conflict of interest;

·        are retired Council of Europe staff members or are staff members having benefitted from an early departure scheme;

·        are currently employed by the Council of Europe or were employed by the Council of Europe on the date of the launch of the procurement procedure;

·        have not fulfilled, in the previous three years, their contractual obligations in the performance of a contract concluded with the Council of Europe leading to a total or partial refusal of payment and/or termination of the contract by the Council of Europe;

·        are subject to restrictive measures applied by the United Nations Security Council or the European Union. In the case of legal persons, the restrictive measures imposed on the tenderer’s owner(s) or executives will also exclude the tenderer from participating in this tender procedure.

Eligibility criteria

• Education – At least a master’s degree in Law, International Law, International Relations/Public Policy.
• Professional experience – At least three (3) years of verifiable, relevant experience (e.g. criminal-law reform, prosecutorial governance, capacity-building for justice actors, forensic evidence work, procedural-safeguard implementation, human-rights mainstreaming etc.).
• Language proficiency – Ukrainian: native level / CEFR C2; English: minimum CEFR B2.
• Legal capacity (legal persons / private entrepreneurs) – Valid registration and authorisation to perform consultancy in the relevant thematic area.

Award criteria

• Quality of the offer – 80 points

(each sub-criterion carries 20 points of the quality score)

1.           Relevance of professional experience in the thematic areas covered by this contract.

2.           Proven record of analytical outputs (reports, research papers, articles) demonstrating mastery of Ukrainian criminal-justice issues and pertinent international standards.

3.           Demonstrated familiarity with Council of Europe standards (ECHR / ECtHR jurisprudence, GRECO, CCPE, CPT, etc.) and their application in Ukraine’s justice context.

4.           Track record of advisory or training services delivered to national or local authorities and/or international organisations in the justice sector.

• Financial offer – 20 points

Competitiveness of the proposed net daily fee in euro.

Selection rule

The Council reserves the right to hold interviews with tenderers.

Multiple tendering is not authorised.

F.    NEGOTIATIONS

The Council reserves the right to hold negotiations with the bidders in accordance with Article 20 of Rule 1395.

G.   DOCUMENTS TO BE PROVIDED

Tenderers shall submit six (6) separate files, each numbered and named as indicated below.
All files must be in PDF format (max 20 MB per file) and sent in a single e-mail or as one .zip archive.

File No.	Required document	Suggested file name
1	Completed and signed Act of Engagement (template attached)	1_Act_of_Engagement_[Surname].pdf
2	For natural persons only: a detailed CV, preferably in Europass format, demonstrating clearly that the tenderer fulfils the eligibility criteria. For legal persons only: a detailed CV, preferably in Europass Format, of each natural person allocated to the execution of the contract demonstrating clearly that they fulfil the eligibility criteria. For consortia only: a detailed CV, preferably in Europass Format, of all consortium members clearly demonstrating that they satisfy the eligibility criteria; (max 4 pages)	2_CV_[Surname].pdf
3	Table of relevant assignments (minimum two within the past three years; indicate client, year, role, deliverables)	3_Assignments_[Surname].pdf
4	For natural persons: at least 5 samples of previous written work or other relevant documents specific to the lot(s) for which the tenderer is applying (if the original document is not in English, it should be accompanied with a summary in English). For legal persons: at least 5 samples of previous written work or other relevant documents specific to the lot(s) for which the tenderer is applying for each natural person allocated to the execution of other contract (if the original document is not in English, it should be accompanied with a summary in English). For consortia: at least 5 samples of previous written work or other relevant documents specific to the lot(s) for which the tenderer is applying for each consortium member (if the original document is not in English, it should be accompanied with a summary in English); (report, article or policy brief, max 15 pages)	4_Sample_Output_[Surname].pdf
5	Contact details of two referees able to confirm the assignments listed	5_Referees_[Surname].pdf
6	Registration extract confirming valid legal status and authorisation to provide consultancy services (legal persons / private entrepreneurs only)	6_Registration_[EntityName].pdf

Failure to adhere to the required numbering and naming conventions may result in the rejection of the tender.

All documents must be submitted in English. Diplomas and registration extracts that are only available in Ukrainian must be accompanied by a brief English summary (maximum half a page). Failure to provide this will lead to the exclusion of the tender.

The Council of Europe reserves the right to reject any tender that does not include all the required documents.

The Council reserves the right to reject a tender if the scanned documents are of such a quality that the documents cannot be read once printed.

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