INDIVIDUAL CONSULTANT PROCUREMENT NOTICE. 2019/UNDP-MMR/PN/008 Date: 21 January 2019

Transcription

1 INDIVIDUAL CONSULTANT PROCUREMENT NOTICE 2019/UNDP-MMR/PN/008 Date: 21 January 2019 Country: Myanmar Description of the assignment: International Consultant on Development of National Access and Benefit Sharing (ABS) Policy of Myanmar on Genetic Resources (GR) and associated Traditional Knowledge (TK) Duty Station: Home based with travel to Yangon and Nay Pyi Taw and field locations when required Period of assignment/services: 70 working days Proposal should be submitted to the Procurement Unit, UNDP Myanmar, No. 6 Natmauk Road, Tamwe, Yangon or by to bids.mm@undp.org; no later than 17:00 PM, Monday, 28 January Any request for clarification must be sent in writing, or by standard electronic communication to the address or indicated above. Procurement Unit will respond in writing or by standard electronic mail and will send written copies of the response, including an explanation of the query without identifying the source of inquiry, to all consultants. BACKGROUND Myanmar is a regional priority for biodiversity conservation in mainland Southeast Asia. Due to the combination and interaction of geography, topography, and climate, Myanmar has a rich variety of habitats and ecosystems, including 14 terrestrial ecoregions identified by the World Wildlife Fund (WWF). The country supports 233 globally threatened species, including 37 critically endangered and 65 endangered species. The country also contains large expanses of species-rich and globally threatened ecosystems such as lowland tropical forests and mangrove ecosystems that are critically threatened elsewhere in the region. The National Biodiversity Strategy and Action Plan (NBSAP) of Myanmar was adopted in The NBSAP identifies equity as the most important thing in using biological resources sustainably in the long run and calls for consideration of the poor and economically disadvantaged groups to secure their access to common resources. The available information on species diversity and endemism indicates that Myanmar supports extraordinary plant and vertebrate diversity, plus levels of endemism comparable to other countries in the Indo- Myanmar (Indo-Burma) Hotspot. However, detailed baseline data are still lacking for many taxonomic groups, and new species for science are still being regularly discovered in the country. In many parts of the country, exploitation of plants is taking place on a commercial

2 scale. Myanmar s forests support a great diversity of commercially valuable timber species, including teak and various members of the Dipterocarpaceae and Leguminosae, and the impacts of commercial logging on these forests have been documented (Brunner et al., 1998). In Myanmar decisions about natural resource use are typically based only on direct use values, such as timber or hydroelectricity revenues, ignoring indirect use, option use, and existence values. In general, natural resources tend to be severely undervalued. The NBSAP of 2011 calls for financial mechanisms to be developed that will enable the beneficiaries of dispersed ecosystem services provided by Myanmar s natural ecosystems to contribute to their conservation. The Project aims at strengthening human resources, legal frameworks and institutional capacities to implement the Nagoya Protocol. Specifically, it aims at assisting countries in the development and strengthening of their national ABS frameworks. The project seeks to achieve this by: 1. Strengthening the legal, policy and institutional capacity to develop national ABS policy frameworks; 2. Building trust between users and providers of genetic resources to facilitate the identification of bio-discovery efforts; and 3. Strengthening the capacities of indigenous and local communities to contribute to the implementation of Nagoya protocol. The specific problem that this project will seek to address is the lack of a functioning national legal, policy, and institutional framework that will enable the equitable sharing of benefits from the use of genetic resources and traditional knowledge (TK) between the state (national and state governments), commercial interests, and the owners and custodians of these resources and TK (such as Indigenous and Local Communities [ILCs]). This issue is compounded by the lack of trust between users and providers of genetic resources that prevents unleashing the potential of genetic resources as a source of innovation, biodiversity conservation, market development, and poverty alleviation. Following an inception workshop organized in August 2017, a draft analysis report on Traditional Knowledge in Myanmar has been prepared and presented to selected stakeholders in February In order to take the project implementation forward, UNDP Myanmar is looking for an experienced international consultant to develop a National Access and Benefit Sharing (ABS) Policy of Myanmar on Genetic Resources (GR) and associated Traditional Knowledge (TK), build national capacity to implement Nagoya Protocol and National ABS Policy, and technical support and guidance to national project partners. She/he will work closely with counterparts at the Ministry of Natural Resources, and Environment Conservation and UNDP. 2. SCOPE OF WORK, RESPONSIBILITIES AND DESCRIPTION OF THE PROPOSED ANALYTICAL WORK For detailed information, please refer to Annex-1

3 3. REQUIREMENTS FOR EXPERIENCE AND QUALIFICATIONS Please see Terms of Reference 4. DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS. Interested individual Consultant must submit the following documents/information to demonstrate their qualifications: a) Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP; (Please see Template attached at Annex- 3) b) Personal CV or P11, indicating the past experience relevant to the assignment, as well as the contact details ( and telephone number) of the Candidate and at least three (3) professional references; (Please see Template attached at Annex- 4) c) Brief description of why the individual considers him/herself as the most suitable for the assignment, and a methodology, if applicable, on how he/she will approach and complete the assignment; Financial Proposal ** Consultant/Contractor whose assignment require travel and who are over 62 years of age are required, at their own expense, to undergo a full medical examination, including x-rays after they are selected. 5. FINANCIAL PROPOSAL Fees Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided. If an Offeror is employed by an organization/company/institution, and he/she expects his/her employer to charge a management fee in the process of releasing him/her to UNDP under Reimbursable Loan Agreement (RLA), the Offeror must indicate at this point, and ensure that all such costs are duly incorporated in the financial proposal submitted to UNDP. Travels All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP will not accept travel costs exceeding those of an economy class ticket. In the case of unforeseeable travel, payment of travel costs including tickets, lodging and

4 terminal expenses will be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed. (Please see Template attached at Annex- 4) 6. EVALUATION Individual consultants will be evaluated based on the cumulative analysis of the technical evaluation 70 points and financial criteria 30 points. Only candidates obtaining a minimum of 70% of 70 points from the technical evaluation would be considered for the financial evaluation. Educational background: 10 points Master s degree or higher in a relevant field, such as environmental law, natural resources management, environmental governance or equivalent. Relevant Experience: 55 points Minimum of 10 years demonstrated working experience in the field of environmental law, natural resources management, Convention on Biological Diversity (CBD) negotiations and Access and Benefit Sharing. Strong knowledge and understanding on natural resources management, CBD, Nagoya Protocol and Access and Benefit Sharing. Work experience in Myanmar or in the region; Demonstrated strategic technical and intellectual skills in the substantive area; Demonstrated leadership, facilitation and coordination skills; Experience providing policy support and advice to governments in developing countries; Proven ability to work effectively in multi-disciplinary and multi-cultural teams. Strong interpersonal and written and oral communication skills Past track record/ability to work independently, deliver timely and quality products, and English language skills: 5 points Excellent English language skills with strong technical writing skills Financial Evaluation of Proposals: The financial proposals of all the applicants who pass the technical evaluation will be scored. The maximum 30 points will be allotted to the lowest financial bid, and all other bids shall receive points in inverse proportion to the lowest fee e.g. [30 Points] x [USD lowest] / [USD other] = points for other proposer s fees

5 The contract shall be awarded to the applicant who receives the highest cumulative score. ANNEX ANNEX 1- TERMS OF REFERENCES (TOR) ANNEX 2 -GENERAL CONDITIONS OF CONTRACT ANNEX 3 - P 11 for ICs ANNEX 4 - OFFEROR S LETTER TO UNDP CONFIRMING INTEREST AND AVAILABILITY FOR THE INDIVIDUAL CONTRACTOR (IC) ASSIGNMENT

6 TERMS OF REFERENCE Consultancy: Development of National Access and Benefit Sharing (ABS) Policy of Myanmar on Genetic Resources (GR) and associated Traditional Knowledge (TK) Unit: Sustainable and Inclusive Growth Unit, UNDP Myanmar Duration: 70 Days (1 February 2019 to 30 September 2019) Duty Station: Home based with travel to Yangon and Nay Pyi Taw and field locations when required. Project Title: Strengthening human resources, legal frameworks and institutional capacities to implement the Nagoya Protocol 1. Project Description Myanmar is a regional priority for biodiversity conservation in mainland Southeast Asia. Due to the combination and interaction of geography, topography, and climate, Myanmar has a rich variety of habitats and ecosystems, including 14 terrestrial ecoregions identified by the World Wildlife Fund (WWF). The country supports 233 globally threatened species, including 37 critically endangered and 65 endangered species. The country also contains large expanses of species-rich and globally threatened ecosystems such as lowland tropical forests and mangrove ecosystems that are critically threatened elsewhere in the region. The National Biodiversity Strategy and Action Plan (NBSAP) of Myanmar was adopted in The NBSAP identifies equity as the most important thing in using biological resources sustainably in the long run and calls for consideration of the poor and economically disadvantaged groups to secure their access to common resources. The available information on species diversity and endemism indicates that Myanmar supports extraordinary plant and vertebrate diversity, plus levels of endemism comparable to other countries in the Indo-Myanmar (Indo-Burma) Hotspot. However, detailed baseline data are still lacking for many taxonomic groups, and new species for science are still being regularly discovered in the country. In many parts of the country, exploitation of plants is taking place on a commercial scale. Myanmar s forests support a great diversity of commercially valuable timber species, including teak and various members of the Dipterocarpaceae and Leguminosae, and the impacts of commercial logging on these forests have been documented (Brunner et al., 1998). In Myanmar decisions about natural resource use are typically based only on direct use values, such as timber or hydroelectricity revenues, ignoring indirect use, option use, and existence values. In general, natural resources tend to be severely undervalued. The NBSAP of 2011 calls for financial mechanisms to be developed that will enable

7 the beneficiaries of dispersed ecosystem services provided by Myanmar s natural ecosystems to contribute to their conservation. The Project aims at strengthening human resources, legal frameworks and institutional capacities to implement the Nagoya Protocol. Specifically, it aims at assisting countries in the development and strengthening of their national ABS frameworks. The project seeks to achieve this by: 1. Strengthening the legal, policy and institutional capacity to develop national ABS policy frameworks; 2. Building trust between users and providers of genetic resources to facilitate the identification of bio-discovery efforts; and 3. Strengthening the capacities of indigenous and local communities to contribute to the implementation of Nagoya protocol. The specific problem that this project will seek to address is the lack of a functioning national legal, policy, and institutional framework that will enable the equitable sharing of benefits from the use of genetic resources and traditional knowledge (TK) between the state (national and state governments), commercial interests, and the owners and custodians of these resources and TK (such as Indigenous and Local Communities [ILCs]). This issue is compounded by the lack of trust between users and providers of genetic resources that prevents unleashing the potential of genetic resources as a source of innovation, biodiversity conservation, market development, and poverty alleviation. Following an inception workshop organized in August 2017, a draft analysis report on Traditional Knowledge in Myanmar has been prepared and presented to selected stakeholders in February In order to take the project implementation forward, UNDP Myanmar is looking for an experienced international consultant to develop a National Access and Benefit Sharing (ABS) Policy of Myanmar on Genetic Resources (GR) and associated Traditional Knowledge (TK), build national capacity to implement Nagoya Protocol and National ABS Policy, and technical support and guidance to national project partners. She/he will work closely with counterparts at the Ministry of Natural Resources, and Environment Conservation and UNDP. 2. Scope of Work Under the close supervision of the Governance for Resilience and Sustainability (GRSP) Project Manager in Myanmar and the ABS Regional Project Advisor, the selected International Consultant will be responsible for development of National ABS Policy of Myanmar, capacity building of national staff and project partners, lead the national and regional consultation workshops, provide substantial technical input in development of: ABS education and communication materials, ABS Clearing House Mechanism (CHM), and Traditional Knowledge Database. 3. Key Services and Outputs

8 Key Services Conduct in-depth analysis on the current legal and institutional frameworks status and gaps to implement Nagoya Protocol and ABS in Myanmar, and make specific and appropriate recommendations required to effectively and efficiently administer ABS measures in Myanmar; Develop ABS Policy of Myanmar (covering all the key elements of the Nagoya Protocol), based on the above reviews and through conduct of bilateral meetings, consultation/validation workshops both at national and regional levels with Government Ministries/Departments, Universities, Private Sector, NGOs/CSOs, Community-Based Organizations, Indigenous Peoples and local Communities (IPLCs), etc.; Provide guidance and technical input in development of an ABS Clearing House Mechanism (CHM), Traditional Knowledge Database, and communications and education materials on ABS and Nagoya Protocol; Provide capacity building and education on ABS and Nagoya Protocol, implementation of National ABS Policy and drafting of Model Contracts to the staff of CNA and NFP, other government Ministries/Departments, Universities, Private Sector, NGOs/CSOs, etc.; Develop standard Access Application Forms for GR and TK; Model Contracts (Mutually Agreed Terms) for ABS; and ethical codes of conduct/guidelines for research on GR and TK in agriculture, pharmaceutical, and biotechnology sectors; Provide policy guidance and technical support to, and coordinate with, a local NGO engaged to conduct biodiscovery research, community education and capacity building on ABS issues. OUTPUTS Inception report of the assignment with a concise methodology to conduct the analysis on the current legal and institutional frameworks status and gaps to implement Nagoya Protocol on ABS in Myanmar, and a structured questionnaire to gather information on understanding and measures to implement ABS measures in Myanmar; Reports on the analysis of current legal and institutional frameworks status to implement Nagoya Protocol on ABS in Myanmar with specific and appropriate recommendations to effectively and efficiently implement ABS measures in Myanmar; National ABS Policy of Myanmar (capturing all key elements of Nagoya Protocol and well adapted to the national context), developed thorough consultation workshops at national and regional levels, and finalized through a national validation workshop. Reports of the capacity building events, consultation workshops, bi-lateral meetings and national validation workshop.

9 Access Application Forms for GR and TK; Model Contracts (Mutually Agreed Terms) for ABS; and ethical codes of conduct/guidelines for research on GR and TK in agriculture, pharmaceutical, and biotechnology sectors. Report on direct support provided in the development of ABS Clearing House (CH); TK database; capacity building and communication materials on ABS and Nagoya Protocol; review of Biocultural Community Protocols (BCPs) and publication on biodiscovery research and lessons; and technical support and guidance to project partners. 4. Expertise and qualification required a) Academic Qualifications/Education: Master s degree or higher in a relevant field, such as environmental law, natural resources management, environmental governance or equivalent. b) Experience: Minimum of 10 years demonstrated working experience in the field of environmental law, natural resources management, Convention on Biological Diversity (CBD) negotiations, and Access and Benefit Sharing. Strong knowledge and understanding on natural resources management, CBD, Nagoya Protocol and Access and Benefit Sharing. Work experience in Myanmar or in the region; Demonstrated strategic technical and intellectual skills in the substantive area; Demonstrated leadership, facilitation and coordination skills; Experience providing policy support and advice to governments in developing countries; Proven ability to work effectively in multi-disciplinary and multi-cultural teams; Strong interpersonal and written and oral communication skills Past track record/ability to work independently, deliver timely and quality products, and Computer proficiency, especially related to professional office software packages (Microsoft Office) c) Language skills: Excellent English language skills with strong technical writing skills, effective oral and communication skills. 5. Management and implementation arrangements Work under the overall supervision of Project Manager GRSP and Chief of the Sustainable and Inclusive Growth Unit, and report to the Project Manager on the day-to-day work and deliverables.

10 The consultant is also required to comply with the UN security directives set forth under The consultant will be given access to relevant information necessary for execution of the tasks under this assignment; The consultant will be responsible to bring his/her own laptop computer for use during this assignment; the consultant must have access to reliable internet connection Payments will be made upon submission/completion of prescribed deliverables and certification of payment form, and acceptance and confirmation by the supervisor 6. Duty station and duration of assignment This consultancy will be home-based and with four travels to Myanmar; any necessary missions must be approved in advance and in writing by the supervisor. The consultancy will be carried out for 70 days during 1 February September Payment arrangement Interested persons are requested to submit their financial proposals quoting their daily fees noting the following conditions: a) The contract price is fixed regardless of changes in the cost components; b) Payments will be made upon submission of timely deliverables and certification of payment form, and acceptance and confirmation by the supervisor. 8. Scope of Bid Price and Schedule of Payments Payment will be made upon achievement of the key corresponding milestones as shown in the below schedule: No. Milestones 1 Upon satisfactory submission of an inception report of the assignment, including a concise methodology to conduct the analysis on the current legal and institutional frameworks /mandates and gaps to implement Nagoya Protocol on ABS in Myanmar, and a structured questionnaire to gather information on understanding and measures to implement ABS measures in Myanmar Payment Structure target date and 10% 20 February 2019 Reviews and approvals required Review and approval by UNDP Chief Technical Advisor

11 No. Milestones 2 Upon satisfactory submission of: - reports on the analysis of current legal and institutional frameworks status to implement Nagoya Protocol on ABS in Myanmar with specific and appropriate recommendations to effectively and efficiently implement ABS measures in Myanmar; - 1 st Draft National ABS Policy of Myanmar 3 Upon Satisfactory completion/submission of: - Capacity building of national staff and project partners: - National ABS Policy consultation workshops and capacity building at the national and regional levels; - National validation workshop on the National ABS Policy of Myanmar. - Incorporation of comments/ feedbacks and finalization of the National ABS Policy of Myanmar. - Access Application Forms for GR and TK; Model Contracts (Mutually Agreed Terms) for ABS on GR and TK; 4 Upon Satisfactory completion of and submission of: - Ethical codes of conduct/guidelines for research on GR and TK in agriculture, pharmaceutical, and biotechnology sectors. - Reports of the capacity building of national staff and project partners, consultation workshops, bi-lateral meetings and national validation workshop. - Report on direct support provided in the development of ABS Clearing Payment Structure target date 30% 20 March % 30 May % 30 June 2019 and Reviews and approvals required Review and approval by UNDP Chief Technical Advisor Review and approval by UNDP Chief Technical Advisor Review and approval by UNDP Chief Technical Advisor

12 No. Milestones House (CH); TK database; capacity building and communication materials on ABS and Nagoya Protocol; review of Biocultural Community Protocols (BCPs) and publication on biodiscovery research and lessons; and technical support and guidance to project partners Payment Structure target date 100% and Reviews and approvals required 9. Recommended presentation of offer Interested persons are requested to submit the following documents as part of their application: a. Brief description/ cover letter of why the individual considers him/herself as the most suitable for the assignment. Please paste the letter into the Resume and Motivation section of the electronic application b. Duly accomplished Letter of Confirmation of Interest and Firm Indication of Availability using the template provided by UNDP c. P11 Form indicating all relevant experience as well as the contact details ( and telephone number) of the candidate and at least three (3) professional references. Please use the P11 form provided by UNDP d. Financial Proposal that indicates the daily fees as per the template provided by UNDP 10. Criteria for selection of the best offer The following criteria shall serve as basis for evaluating offers: Combined Scoring Method: Where the qualifications and methodology will be weighted a maximum of 70% and combined with the price offer which will be weighted a maximum of 30% Technical Evaluation of Proposals: All applications comprising the information/documentation provided will be evaluated to ascertain the suitability of the applicants to carry out the assignment. Candidates who obtain

13 the minimum of 49 points of the full mark (70 points) will be considered technically compliant and their financial evaluations will be evaluated thereafter. Applications will be scored as per the following breakdown (Total 70 points): Educational background: 10 points Master s degree or higher in a relevant field, such as environmental law, natural resources management, environmental governance or equivalent. Relevant Experience: 55 points Minimum of 10 years demonstrated working experience in the field of environmental law, natural resources management, Convention on Biological Diversity (CBD) negotiations and Access and Benefit Sharing. Strong knowledge and understanding on natural resources management, CBD, Nagoya Protocol and Access and Benefit Sharing. Work experience in Myanmar or in the region; Demonstrated strategic technical and intellectual skills in the substantive area; Demonstrated leadership, facilitation and coordination skills; Experience providing policy support and advice to governments in developing countries; Proven ability to work effectively in multi-disciplinary and multi-cultural teams. Strong interpersonal and written and oral communication skills Past track record/ability to work independently, deliver timely and quality products, and English language skills: 5 points Excellent English language skills with strong technical writing skills Financial Evaluation of Proposals: The financial proposals of all the applicants who pass the technical evaluation will be scored. The maximum 30 points will be allotted to the lowest financial bid, and all other bids shall receive points in inverse proportion to the lowest fee e.g. [30 Points] x [USD lowest] / [USD other] = points for other proposer s fees The contract shall be awarded to the applicant who receives the highest cumulative score. 11. Administrative and logistical requirements Selected IC will be responsible for arranging and directly covering the costs of most direct and lowest economic fare for her/his international transportation to and from Myanmar, which will be reimbursed by UNDP on submission appropriate documents or agreed as lumpsum together with professional fees.

14 S/he will also arrange for her/his accommodation in Myanmar but will be provided with entitled standard living allowance or agreed as lumpsum together with professional fees. UNDP will arrange and cover in-country duty travel. UNDP will facilitate the issuance of entry visa to Myanmar and other security clearances required to travel in-country (as applicable).