INDIVIDUAL CONSULTANT PROCUREMENT NOTICE. for individual consultants and individual consultants assigned by consulting firms/institutions

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1 Date: 19 May 2016 INDIVIDUAL CONSULTANT PROCUREMENT NOTICE for individual consultants and individual consultants assigned by consulting firms/institutions Country: Description of the assignment: Project name: Period of assignment/services (if applicable): Viet Nam 02 National consultants to develop a detailed proposal for and the partnership framework in support to MONRE in Biodiversity Law revision: 01 National Policy Expert (team leader) 01 National Biodiversity Expert (team member) Developing National Biodiversity Strategy and Action Plan and Mainstreaming Biodiversity Conservation into Provincial Planning project ID: June August Submissions should be sent by to: nguyen.thi.hoang.yen@undp.org no later than: 31 May 2016 (Hanoi time). With subject line: Policy Expert - Biodiversity Law revision Or Biodiversity Expert - Biodiversity Law revision Submission received after that date or submission not in conformity with the requirements specified this document will not be considered. Note: - Any individual employed by a company or institution who would like to submit an offer in response to this Procurement Notice must do so in their individual capacity, even if they expect their employers to sign a contract with UNDP. - Maximum size per is 7 MB. - Any request for clarification must be sent in writing, or by standard electronic communication to the address or indicated above. Procurement Unit UNDP Viet Nam 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. 2. Please find attached the relevant documents: Terms of Reference (TOR)... (Annex I) Individual Contract & General Conditions.. (Annex II) Reimbursable Loan Agreement (for a consultant assigned by a firm) (Annex III) Guidelines for CV preparation (Annex IV) Format of financial proposal.... (Annex V) 1

2 3. Interested individual consultants must submit the following documents/information (in English, PDF Format) to demonstrate their qualifications: a. Technical component: - Signed Curriculum vitae - Copy of 1-3 publications/writing samples on relevant subject. - Reference contacts of past 4 clients for whom you have rendered prefererably the similar service b. Financial proposal (with your signature): - The financial proposal shall specify a total lump sum amount in Viet Nam Dong including consultancy fees and all associated costs i.e. airfares, travel cost, meal, accommodation, tax, insurance etc. see format of financial offer in Annex VII. - Please note that the cost of preparing a proposal and of negotiating a contract, including any related travel, is not reimbursable as a direct cost of the assignment. - If quoted in other currency, prices shall be converted to Viet Nam Dong at UN Exchange Rate at the submission deadline. 4. Evaluation: The Team leader and Team member will be evaluated and selected separately. The technical component will be evaluated using the following criteria: The technical component will be evaluated using the following criteria: Policy Expert (Team leader): Consultant s experiences/qualification related to the services Criteria Maximum Points 1 Minimum 15 years of experience in legal consultancy/ 200 environmental/biodiversity management or related field 2 Postgraduate Degree in law and legislation Experienced in environmental/biodiversity strategic/land use planning 200 legislation/policy development 4 Knowledgeable on national and international regulations/legislation, 150 particularly in environment/biodiversity 5 Experienced in working in international and multi-cultural environment 200 TOTAL 1000 Biodiversity Expert (Team member): Consultant s experiences/qualification related to the services Criteria Maximum Points 1 Minimum 10 years of experience in environmental/biodiversity 200 management or related field 2 Postgraduate Degree in environment/biodiversity or related field Experienced in environmental/biodiversity strategic/land use planning 200 programme/policy development 4 Knowledgeable on national and international climate change and the 150 Convention on Biodiversity 5 Experienced in working in international and multi-cultural environment 200 TOTAL 1000 A two-stage procedure is utilized in evaluating the submissions, with evaluation of the technical components being completed prior to any price proposals being opened and compared. The price proposal will be opened 2

3 only for submissions that passed the minimum technical score of 70% of the obtainable score of 1000 points in the evaluation of the technical component. The technical component is evaluated on the basis of its responsiveness to the Term of Reference (TOR). Maximum 1000 points will be given to the lowest offer and the other financial proposals will receive the points inversely proportional to their financial offers. i.e. Sf = 1000 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F the price of the submission under consideration. The weight of technical points is 70% and financial points is 30%. Submission obtaining the highest weighted points (technical points + financial points) will be selected. Interview with the candidates may be held if deemed necessary. 5. Contract Lump-sum Individual Contract will be applied for freelance consultant (Annex II) Lump-sum RLA will be applied for consultant assigned by firm/institution/organization (Annex III) Documents required before contract signing: - Personal History - Full medical examination and Statement of Fitness to work for consultants from and above 62 years of age and involve travel. (This is not a requirement for RLA contracts). - Release letter in case the selected consultant is government official. 6. Payment UNDP shall effect payments to the consultant (by bank transfer to the consultant s bank account provided in the vendor form (Annex V) upon acceptance by UNDP of the deliverables specified the TOR. 20% of total contract amount will be paid to the consultants upon satisfactory completion of Inception report/detailed work plan. 40% of total contract amount will be paid to the consultants upon submission of the first draft of report The remaining 40% of total contract will be paid upon UNDP approval of the final report. If two currencies exist, UNDP exchange rate will be applied at the day UNDP instructs the bank to effect the payment. 7. Your proposals are received on the basis that you fully understand and accept these terms and conditions. 8. Notification of selection result: UNDP will contact only successful bidder for contracting. 3

4 Annex I TERMS OF REFERENCE (TOR) Title: Location: Duration and Study Period: Project ID and title: Reporting: 02 National consultant(s) to develop a detailed proposal for and the partnership framework in support to MONRE in Biodiversity Law revision Hanoi June 2016 August 2016 UNDP/MONRE Developing National Biodiversity Strategy and Action Plan and Mainstreaming Biodiversity Conservation into Provincial Planning project ID: Reports to the BCA/PMU/UNDP 1) GENERAL BACKGROUND In 1994, Vietnam has joined the Convention on Biological Diversity. Then, Vietnam has promulgated legal documents in order to consolidate and strengthen the system of policies on environmental protection and biodiversity conservation (E.g.: Water Resources Law in 1998, Fisheries Law in 2003, Law on Forest Protection and Development in 2004 and Environment Protection Law in 2005 and so on). In 2008, Vietnam issued the Law on Biodiversity which was a landmark for biodiversity conservation as this was the first time that the principles and priorities of biodiversity conservation had been put into separate legislation, no longer dependent on other enacted laws. Biodiversity Law is considered as a very progressive and visionary. The Biodiversity Law reflected its international commitments and standards on biodiversity conservation. This is the first legal framework regulating about the biodiversity conservation and sustainable development in Vietnam. The Biodiversity Law stipulates that the Ministry of Natural Resources and Environment is responsible to the Government for the State management of biodiversity. In recent years, the Ministry of Natural Resources and Environment in collaboration with related Ministries and agencies, has developed and submitted to the Government to issue sub-law and policies for effective implementation of Biodiversity Law, including but not limited to: Decree No. 65/2010 / ND-CP dated June 11, 2010 regulating and guiding the implementation of a number of articles of the Biodiversity Law. Decree No. 69/2010 / ND-CP dated June 21, 2010, regulating biosafety issues related to genetically modified organisms (GMO), genetic specimens and GMO products. Decree No. 160/2013/ND-CP dated Nov.12, 2013 regulating the criteria for the identification and management of endangered, precious and rare species prioritized for protection. Joint Circular No. 27/2013/TTLT BTNMT-BNN dated Sep.26, 2013 regulating the criteria for identifying invasive alien species, and the promulgation of the list of invasive alien species. National Biodiversity Strategy to 2020 and vision to 2030 (under Decision 1250/QD-TTg dated July 31, 2013 of the Prime Minister) Master plan of biodiversity conservation by 2020, orientation to 2030 (under Decision 45/QD-TTg dated Jan.08, 2014 of the Prime Minister). In fact, the biodiversity portfolio has been operated by various ministries and agencies and governed by many laws with different approaches. During the past time, the biodiversity conservation has faced many difficulties caused by this structural and legislative organization, e.g. overlaps in task assignments, decentralized authorization in technical functions and operational responsibilities, obstacles in regulations on protected area classification, decentralized PA management institution, overlaps in regulations of species management and so on. In response to the practical requirements and globalization context and under the instruction of the Prime Minister at the 4 th National Environment Conference in Hanoi, the Ministry of Natural Resources and 4

5 Environment is assigned to conduct activities on amendment of the Biodiversity Law. UNDP, as a historical partner is providing valuable support to this Biodiversity law amendment in collaboration with the Biodiversity Conservation Agency (BCA) under the Vietnam Environment Administration (VEA), Ministry of Natural Resources and Environment. Under the scope of the project Developing National Biodiversity Strategy and Action Plan and Mainstreaming Biodiversity Conservation into Provincial Planning, we are seeking for two national consultants (01 Biodiversity expert and 01 Law expert) to assist development of an overall work plan for the amendment of the Biodiversity Law including partnership framework for intersectoral cooperation and assistance from development partners. 2) OBJECTIVES OF THE ASSIGNMENT The objective of the assignment is to develop a detailed proposal for Biodiversity Law amendment including a partnership framework for inter-sectoral collaboration and support from development partners to the MONRE. 3) SCOPE OF WORK 1. Review the agenda of legislation development and/or amendment and identify steps and procedures required for the Biodiversity law amendment outline the roadmap and scope of work for the law amendment 2. Review the technical areas of the current Biodiversity Law and other biodiversity-related legal documents, and that of the most updated international requirements, lessons learnt, and best practice in order to reveal the gaps and missing areas in the current Biodiversity law aiming at further recommendation for improvement in the revised law. 3. Conduct necessary consultations with concerned stakeholders including both governmental and international partners who are working on Biodiversity related areas in collaboration with the MONRE on potential assistance to the law amendment. 4. Develop a detailed proposal for the BD law amendment with clear roadmap, tasks to be performed, data collection needed, studies to be conducted, advocacy works to be carried out, stakeholders to involve, and technical assistance needed from development partners. 4) DETAILED TASK ASSIGNMENT The selected consultants will be responsible for following tasks in close cooperation with the Biodiversity Conservation Agency and relevant stakeholders: 4.1. The Policy Expert (as the team leader) - Review the agenda of legislation development and/or amendment and identify steps and procedures required for the Biodiversity law amendment; - Develop an overall work plan for the whole process to review and revise the Biodiversity Law; - Review and evaluate biodiversity-related regulations to identify the gaps and missing areas in the current Biodiversity law aiming at further recommendation for improvement in the revised law; - Develop a detailed outline of reports (including methodology and involvement/participation of stakeholders in the process) in reference with previous enacted Laws (eg. Environmental Protection Law ); the main reports are: (i) Review and Evaluation of the implementation of the Biodiversity Law, (ii) Assessment of Policy Impacts of Biodiversity Law Amendment Proposals; and (iii) Submission Paper for revision of the Biodiversity Law; - Develop a partnership framework for development partners in alignment with their specific strategies and priorities to jointly support MONRE in the process to review and revise the Law on Biodiversity; - Organize consultation process, making presentation in workshops/meetings, revise reports basing on comments from various sources of references; - Ensure the effectiveness of the work conducted and the quality of submitted assignments The Biodiversity Expert (team member) - Assist to develop an overall work plan for the whole process to review and revise the Biodiversity Law; - Compile and review biodiversity-related legal documents in Vietnam; - Review the technical areas of the current Biodiversity Law and related regulations, and the most 5

6 updated international requirements, lessons learnt and best practices to identify short-comings, overlaps in the current legislatory system as basis for revision proposal; key areas of analysis shall include legal documents on relevant aspects of protected areas, ecosystems, species conservation, GR management and biosafety of GMO, as well as other aspects (climate change, biodiversity financing tools, database...); - Assist the team leader in the preparation of the report on Review of biodiversity-related legal documents, and Assessment of key issues for consideration during revision of the Biodiversity Law - Identify different development partners, prepare interview questions and in cooperation with team leader, conduct interviews to identification of potential support from these development partners; - Participate in consultation process, making presentation (if necessary) in workshops/meetings - Closely working with the team leader in the preparation of required outputs. 4) DURATION OF ASSIGNMENT, DUTY STATION AND EXPECTED PLACES OF TRAVEL The task assignment is expected to commence during June to August Total working days allocated for the two consultants to fulfill the assignment is shown in the table below. Duty Station: Hanoi, Vietnam The assignment will be home-based with necessary visits at the BCA office and meetings at various offices of concerned partners. Allocation of task among the two consultants will be divided as following: No. Products Policy Expert Biodiversity Expert 1. Inception report development proposing the workplan with timeline for conducting the research together with primary outline of the report, key stakeholders to be met, key documents to be reviewed, methodology and tools for data collection 2. Meeting with UNDP and BCA prior to field data collection 02 days days 0.5 days 3. Data collection through desk review of documents 05 days 05 days 4. Field trip for data collection from selected key stakeholders 5. Data analysis and first draft of report and share for comments 6. Report finalization based upon comments from stakeholders 05 days 05 days 10 days 08 days 2.5 days 1.5 days Working load 25 days 21 days 5) FINAL PRODUCTS*** The final product is requested to include three components as following: 1. Findings on Review of biodiversity-related legal documents, and Assessment of key issues for consideration during revision of the Biodiversity Law (maximum 15 pages) with following key areas: - The current figures of Biodiversity law and related policies/strategies/plans in Viet Nam - The updated international standards and requirements in Biodiversity conservation - The gaps between current BD law and policies vs updated international requirements and context of the country - The situation of current BD law and policy implementation, the bottle neck, challenges, resources and reasons - Recommendation for further improvement under the revision of BD law 6

7 2. An Overall Workplan for the review and amendment of Biodiversity Law, including the following details: Tentative steps throughout the process of law revision as set forced by current Government regulations; Detailed technical and operational studies to be conducted, relevant data to be collected to provide inputs to the law revision; Methodology, technical issues to be addressed, solutions for bottle neck addressing and overcoming challenges, resources allocation for implementation Potential stakeholders involved in the BD law revision, consultation, advocacy Proposed Partnership framework for technical support to MONRE in the process of Biodiversity Law review and revision. This includes collaboration/cooperation from Governmental concerned sectors and technical support from international development partners. 6) PROVISION OF MONITORING AND PROGRESS CONTROLS The consultants will be supervised by the UNDP/BCA and deliver products as per below schedule: No. Products Time Requirement 1. Inception report outlining the tentative structure of the report, source of data to be collected, tools for data collection, methodologies used, list of documents to review and key stakeholders to meet, and Workplan with specific timeline. 15 June 2016 Approved by UNDP/BCA 2. First draft of report for comments 20 July 2016 Approved by UNDP/BCA 3. Final report 15 August 2016 Approved by UNDP/BCA 7) DEGREE OF EXPERTISE AND QUALIFICATIONS The team will consist of two national experts to support the UNDP/BCA in generating main products, of which one will be the team leader who is responsible for compilation and submission of deliverables to UNDP. 1. The Policy Expert (as the team leader) Master Degree in law/environment/biodiversity management, or related field; Over 15 year experience in legal consultancy/ environmental/biodiversity management or related field; Deep knowledge on national and international regulations, particularly in environment/biodiversity; Good knowledge on climate change and the Convention on Biological Diversity; Experience in working in development programs/projects; Working in international and multi-cultural environment; Analyzing, writing, presentation and reporting skills; Good communication skills; 2. The Biodiversity Expert (team member) Master Degree in environment/biodiversity or related field; Over 10 year experience in environmental/biodiversity management or related field; Good knowledge on climate change and the Convention on Biological Diversity; Experience in working in development programs/projects; Working in international and multi-cultural environment; Analyzing, writing, presentation and reporting skills; 7

8 Good communication skills. 8) ADMIN SUPPORT AND REFERENCE DOCUMENTS BCA and the project team will assist the consultant in contacting partners and provide relevant studies conducted by BCA and other entities, and administrative support to the selected consultant. 9) PAYMENT TERM 20% of total contract amount will be paid to the consultants upon satisfactory completion of Inception report/detailed work plan. 40% of total contract amount will be paid to the consultants upon submission of the first draft of report The rest 40% of total contract will be paid upon UNDP s approval of the final report. 10) CONSULTANT PRESENCE REQUIRED ON DUTY STATION/UNDP PREMISES NONE PARTIAL INTERMITTENT FULL-TIME 8

9 Annex VI GUIDELINES FOR PREPARING CV WE REQUEST THAT YOU USE THE FOLLOWING CHECKLIST WHEN PREPARING YOUR CV: Limit the CV to 3 or 4 pages NAME (First, Middle Initial, Family Name) Address: City, Region/State, Province, Postal Code Country: Telephone, Facsimile and other numbers Internet Address: Sex, Date of Birth, Nationality, Other Citizenship, Marital Status Company associated with (if applicable, include company name, contact person and phone number) SUMMARY OF EXPERTISE Field(s) of expertise (be as specific as possible) Particular development competencies-thematic (e.g. Women in Development, NGOs, Privatization, Sustainable Development) or technical (e.g. project design/evaluation) Credentials/education/training, relevant to the expertise LANGUAGES Mother Tongue: Indicate written and verbal proficiency of your English: SUMMARY OF RELEVANT WORK EXPERIENCE Provide an overview of work history in reverse chronological order. Provide dates, your function/title, the area of work and the major accomplishments include honorarium/salary. References (name and contact address) must be provided for each assignment undertaken by the consultant that UNDP may contact. UN SYSTEM EXPERIENCE If applicable, provide details of work done for the UN System including WB. Provide names and address of UN staff who were your main contacts. Include honorarium/salary. UNIVERSITY DEGREES List the degree(s) and major area of study. Indicate the date (in reverse chronological order) and the name of the institution where the degree was obtained. PUBLICATIONS Provide total number of Publications and list the titles of 5 major publications (if any) MISCELLANEOUS Indicate the minimum and maximum time you would be available for consultancies and any other factors, including impediments or restrictions that should be taken into account in connection with your work with this assignment. Please ensure the following statement is included in the resume and that it is signed and dated: I CERTIFY THAT ALL INFORMATION STATED IN THIS RESUME IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. I AUTHORIZE UNDP/UNOPS OR ITS AGENT TO VERIFY THE INFORMATION PROVIDED IN THIS RESUME. (Signature) 9

10 Annex VII FINANCIAL OFFER Having examined the Solicitation Documents, I, the undersigned, offer to provide all the services in the TOR for the sum of VND. This is a lump sum offer covering all associated costs for the required service (fee, meal, accommodation, travel, taxes etc). Cost breakdown: No. Description Number of days Rate (VND) Total 1 Consultancy fee 2 Out of pocket expenses 2.1 Travel 2.2 Per diem 2.3 Full medical examination and Statement of Fitness to work for consultants from and above 62 years of age and involve travel (required before issuing contract). * 2.5 Others (pls. specify). TOTAL * Individual Consultants/Contractors who are over 62 years of age with assignments that require travel and are required, at their own cost, to undergo a full medical examination including x-rays and obtaining medical clearance from an UN-approved doctor prior to taking up their assignment. I undertake, if my proposal is accepted, to commence and complete delivery of all services specified in the contract within the time frame stipulated. I agree to abide by this proposal for a period of 120 days from the submission deadline of the proposals. Dated this day /month of year Signature 10