OFFICIAL USE

KYRGYZ REPUBLIC –TAZA KOOM

SUPPORT TO E-GOVERNANCE BUSINESS ENVIRONMENT REFORMS FRAMEWORK

Assignment 5 - Digitalisation of Geospatial Information (National Spatial Data Infrastructure, NSDI)

TERMS OF REFERENCE

  1. Background

Faced with the development challenges of boosting economic growth, creating jobs, enhancing institutional trust and fighting corruption, the Kyrgyz Government has been proposing putting together the Long-Term Development Strategy 2040, focusing on the country’s strengths - location and links to the region, openness, willingness to innovate. Taza Koom (“Smart Society”) is a cornerstone of the new Strategy.

Taza Koom is an ambitious initiative of the Kyrgyz Government to modernise all government services to businesses and citizens using innovative IT solutions. Through digitalisation of all possible government processes, implementation of Taza Koom will see reducing bureaucracy and direct interaction between the government and businesses, a major source of corruption. Taza Koom will also enhance regional connectivity within Central Asia.

Taza Koom was launched in a High-Level Forum on 11 June 2017. EBRD co-sponsored the event, and Bruno Balvanera, the Regional Director for Caucasus, Moldova and Belarus, has opened the event along with the UN Secretary General António Guterres and the Kyrgyz President Almazbek Atambaev.

Taza Koom is a flagman initiative of the Government; however, private sector and international are expected to play a significant role.In particular, appreciating the EBRD’s extensive experience and expertise in working with private sector, the Kyrgyz Government has requested the EBRD’s assistance with assistance in implementation of several components of Taza Koom that directly affect private sector. These include: (i) e-registration of legal entities; (ii) e-notary; (iii) e-patent for SMEs; (iv) e-registration of rights to real estate; and (v) consolidation of geospatial information for better investment planning and rights protection (collectively, the “Reform Components”).

Following to the international experts’ review of the proposed scope of work on the Reform Components and interviews with the relevant stakeholders, it is proposed to start assistance with the implementation of the individual Reform Components. The current Terms of Reference refer only to the digitalization of geospatial data (NSDI).

The main purpose for the creation and development of national spatial data infrastructure (NSDI) of the Kyrgyz Republic within the framework of e-Government is to create conditions for free access and effective use for private sector to spatial data, which is the basis for many of the investment decisions, in particular decisions relating to infrastructure projects.

Currently, lack of coordination among various authorities dealing with different layers of spatial data (e.g., forestry, water resources, land etc.) lead to contradicting data which is a significant obstacle to private sector operations. For instance, it is not uncommon for an investor to receive an authorisation from one authority dealing with, say, water resources, for implementation of a project based on that authority’s map, only to have an objection from another authority, say, forestry, whose map shows the plot of land in question as occupied by a forest which prevents the project from being implemented. The issue would not have existed if there was a synchronised map shared by all authorities and accessible by the private sector.

The purpose of the NSDI initiative is to create exactly such synchronised map -- or more specifically, infrastructure making use of reliable data possible.

Creation of NSDI will involve a number of phases, including: (i) creating enabling legal and methodological framework; (ii) creating of a base portal; (iii) populating the portal with layers of maps from various authorities. The current Terms of Reference relate only to the first phase, creating enabling legal and methodological framework (the “Project”). Further phases will be designed and discussed in cooperation with the authorities and based on the needs of the Government, and will require separate approval.

  1. Objectives

The objective of the Project is to create enabling legal and methodological framework for NSDI.It is envisaged that the NSDI will have the following features:

-Provide a single point of entry for services with use of spatial data by public authorities, local self-governing authorities, small and medium businesses, and the public

-Provide access to the system by public authorities and by local self-governing authorities

-Eliminate duplication of processes (collection) of spatial data at the inter-ministerial level and promote inter agency partnership

-Create a network of GNSS reference stations to reduce the cost of collecting spatial data,

-Improve the precision control and to combine data into a single set of information

-Improve the efficiency of managerial decisions targeting at sustainable socio-economic development due to timeliness, completeness and the quality of public information provided by NSDI

-Enhance the investment attractiveness due to availability of comprehensive land management tools based on spatial data, availability of up-to-date information for territorial planning

-Develop products and services using spatial data

-Ensure availability of relevant and accessible spatial data for implementation of public projects involving the use of spatial data

-Efficient use of the budgets at various levels to create and update cartographic materials.

  1. Scope of work

In order to achieve the objectives of the Project, services of a consultant (the “Consultant”) are required. Specifically, it is expected that the Consultant will provide the following services:

  1. Establish and consolidate responsibilities of all the parties involved in establishment and functioning of the NSDI; including advise on and help with the establishment of an Inter-Ministerial Commission on the Establishment of NSDI;
  2. Develop organisational structure of NSDI;
  3. Draft and support with the adoption of the amendments to the legislation, including in the areas of geodesy and cartography, city planning, land, forestry and water codes of the Kyrgyz Republic, law on local government, that will provide proper legal basis for the establishment and operation of the NSDI;
  4. Draft and support in the adoption of the regulations regarding data exchange formats between developers, rightholders and users of NSDI;
  5. Draft and support with the adoption of standards governing NSDI and its operations;
  6. Develop/review legal framework governing property rights and use of the data within NSDI;
  7. Draft and support the adoption of technical regulations and requirements for updating the basic spatial data and content and composition of meta-databases, regulations on address register and procedures for data requests;
  8. Support the establishment of a centre for training of staff involved inoperation of NSDI;
  9. Support involvement of regional and local authorities, educational and private sector professional organizations for the creation and development of the NSDI.
  1. Consultant profile

The Consultant shall be a firm or a consortium of individual experts or firmsincluding: (i)a senior expert / team leader with at least 15 years of legal experience in area of internet policy, e-governance reforms and e-governance services, preferably with knowledge ofsuccessful cases of implementation of introduction of similar types of platformsin the EBRD region; (ii) two local legal experts with strong knowledge in the area of e-governance, in particular e-governance related to private sector and business and experience in reviewing and drafting legislation relating to e-notary and e-government services advising and implementing of e-governance reforms; (iii) project manager expert to deal with engagement of stakeholders and communication with lawmakers and Government authorities; (iv) senior international legal expert with at least 10 years of experience in years of legal experience in area of internet policy, e-governance reforms and e-governance services, preferably with respect to successful cases of implementation of introduction of similar types of platforms in the EBRD region. The experts are expected to have strong communication and leadership skills; and good command of English and Russian, both written and oral; fluency in Kyrgyz is desirable.

  1. Project implementation

5.1.The Project is expected to start as soon as the approvals are received and to be completed approximately within 9 months.

5.2.The Project will be managed by the EBRD’s project team consisting of the EBRD’s Operational Leader, the EBRD Resident Office in Bishkek and the team members communicated to the Consultant.

  1. Deliverables and Reporting

The Consultant will prepare the following deliverables:

(a)Inception Report, which includes Concept Note for the reform and provides an implementation schedule – within 2 weeks of the launch of the project;

(b)Draft organisational structure of the NSDI – within 1 month of the launch of the project; organisational structure of the NSDI – within 2 weeks of receiving comments from the EBRD and stakeholders;

(c)Draft amendments to legislation as per Sec. 3.3. – within 2 months of the launch of the project; final amendments to legislation as per Sec. 3.3. - – within 4 weeks of receiving comments from the EBRD and stakeholders;

(d)Draft regulations as per Sec. 3.4. – within 3 months of the launch of the project; final regulations to legislation as per Sec. 3.3. – within 2 weeks of receiving comments from the EBRD and stakeholders;

(e)Draft standards as per Sec. 3.5. – within 5 months of the launch of the project; final regulations to legislation as per Sec. 3.3. - – within 4 weeks of receiving comments from the EBRD and stakeholders;

(f)Draft technical regulations as per Sec. 3.6. – within 5 months of the launch of the project; final regulations to legislation as per Sec. 3.3. - – within 4 weeks of receiving comments from the EBRD and stakeholders;

(g)Draft Concept note on the training centre – within5 months of the launch of the project; final Concept note -- within 4 weeks of receiving comments from the EBRD and stakeholders;

(h)Final report – summarising key achievements of the project – within 7 months of the launch of the project.

Each of the deliverables need to be submitted to the EBRD Project Team/Operational Leader first in the draft form, and upon discussions with the relevant parties, comments will be incorporated and the final draft then presented to the EBRD. All deliverables shall be presented to the EBRD in English.

The Consultants shall report to the EBRD Operational Leader promptly and shall constantly monitor the implementation of the Project.

All information enclosed in the ToR as well as that associated with the Project shall remain confidential.

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