Phase II IN ASEAN. I. Background. the case of. redress. Consumer Protection, particula ASEAN" establish or. provide. available.

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1 ASEAN AUSTRALIA DEVELOPMENT COOPERATION PROGRAM (AADCP) Phase II CONSULTING OPPORTUNITY FOR DEVELOPMENT OF COMPLAINT AND REDRESSS MECHANISM MODELS IN ASEAN (RE-ADVERTISED) The ASEAN Secretariat invites applications for the above-referenced project under the ASEAN Australiaa Development Cooperation Program (AADCP) Phase II supported by Australian Aid. I. Background Liberalisation of markets and increased free trade within ASEAN leads to an increase in intra-asean and international trade in goods and services. Increased trade and expanding ASEAN Member States (AMS) national economies means greater choice of products for the consumer. There is a consequent challenge to ensure that consumers across ASEAN are protected and have redress both nationally and internationally in the case of faulty or poor products or services. The right to redresss means the right to a fair settlement of just consumer complaints. Consumer redress mechanismss are an essential element of consumer sovereignty and an integral part of an effectivee marketplace. The availability of effective dispute resolution and redress mechanisms can increasee consumer confidence and trust in the marketplace as well as encourage fair business practices. Delivering justice to aggrieved consumers is the objective of a redress system. However, the existence of redress mechanisms by themselves does not ensure that consumers will have access to redress, as complementary actions developing legal mechanisms, capacity, standards and consumer awareness may also be required. ASEAN has embraced the need to develop consumer protection with 7 of the 10 AMS having principal consumer protection legislation in place (Brunei, Cambodia and Myanmar are in the process of attaining this). But consumer protection systems, and in particula redress mechanisms are currently variable within ASEAN with consequent institutional strengthening needs. An AADCP II-supported project "Road-mapping Capacity Building Needs in Consumer Protection in ASEAN" identified a number of obstacles to redress mechanisms. They were: (i) (ii) (iii) (iv) (v) Lack of awareness among consumers on laws that provide for consumer redress; Difficulty in accessing avenues for redress; Procedures for filing complaints are technical and time consuming; Assistance from voluntary organisations is not easily accessible; and The digital divide: redress mechanismss which rely heavily on the internett tend to discriminate against rural, illiterate and poor consumers. Under the UN Guidelines for Consumer Protection, to enable consumerss to obtain redress governments should establish or maintain legal and administrative measures to enable consumers or, as appropriate, relevant organisations, to obtain redresss through formal or informal procedures that are expeditious, fair, inexpensive and accessible. In particular, such procedures should take into account the needs of low-income consumers. Governments should also encourage all enterprises to resolve consumer disputes in a fair, expeditious and informal manner, and to establish voluntary mechanisms, including advisory services and informal complaints procedures, which can provide assistance to consumers. Information on the existing redress mechanism and procedures and redress available should be made available to consumers. Page 1 of 6

2 II. Needs and Objectives The project is intended to address the need to develop more comprehensive complaint and redress mechanisms for consumers within AMS. It will take a step-wise approach to documenting: a) best practices in consumer redress systems, b) existing measures and systems within AMS, c) models that could be adopted or adapted by AMS, and d) guidelines for their selection and implementation. This consulting opportunity will support these activities with a view to developing more comprehensive complaint and redress mechanisms for consumers within AMS. The consultant will work with the Competition, Consumer Protection and Intellectual Property Rights Division (CCPID) of the ASEAN Secretariat (ASEC) and the AMS. This includes providing technical leadership in formulating appropriate best practice based models for consumer complaint and redress mechanisms or systems that can be used by AMS as appropriate to their needs. III. Outputs The project shall have the following outputs: 1) Inception report detailing the consultant s approach to the project and detailed work plan; 2) Framework and criteria for assessing consumer protection models to ensure that complaints are properly addressed and consumer redress reaches all levels of society; This involves the establishment of benchmarks for consumer complaint and redress systems. It is essentially the documentation of what constitutes international best practice in this field. The consultant will also be required to produce a framework outlining the approach and provide the basis for assessing consumer redress models; 3) Assessment report of existing complaint and redress systems in selected AMS (Singapore, Malaysia and Thailand), as well as those in Australia and Republic of Korea; Concurrent with the achievement of output 2 above, a thorough desk review of existing complaint and redress systems. Following the desktop phase, the consultant will make brief visits to Malaysia, Singapore and Thailand to review systems and mechanisms in place. The consultant will produce an assessment report detailing the main features of complaint and redress systems in the countries reviewed; 4) Redress mechanism models for national consumer protection regulatory and institutional framework, based on best practices and a workshop report; Following the assessment work undertaken for output 3, the consultant will organise and deliver a workshop for the ACCP and AMS officials involved in consumer protection to present their initial assessment and gain feedback. Representatives from Australian and South Korean consumer protection agencies will also be invited to share information on the situation in their countries. Based on the assessment and the feedback obtained, the consultant will draw up a set of feasible models for consumer complaint and redress systems; 5) Guidelines for selecting appropriate models as well as implementation approach options for each model and a workshop report; As a separate output the consultants will draw up guidelines for AMS on selecting and implementing the various models recommended. The project will conclude with a second workshop for ACCP and AMS officials to present the final results - i.e. models recommended, and guidelines for selection and implementation; 6) Policy paper, of no more than 10 pages, providing a succinct summary of the results from the various aspects of the project which will assist in mobilizing support for consumer protection initiatives in AMS; and, 7) Project completion report. Page 2 of 6

3 IV. Tasks/Activities The following activities will need to be undertaken to achieve the project s outcomes. The bidder should provide details on its approach to each activity in its bid and is free to recommend additional activities. These will be expanded as part of the contracting and project inception processes. Activities 1. Preparation of the Inception Report Development of the over-all approach to the delivery of the expected outputs; Prepare updated and detailed work plan and budget. 2. Preparation of framework and criteria for assessing models: Establish benchmarks for consumer complaint and redress systems based on international best practices; Draft framework and criteria for assessment; Circulate draft framework for comments; Revise framework as necessary following comments. 3. Assessment of existing complaint and redress systems Undertake a desktop study/ literature review of existing models and enforcement mechanisms; Conduct field visits to Singapore, Malaysia and Thailand; Prepare assessment report. 4. Preparation of complaint and redress mechanism models Organize and conduct workshop to present assessment report; Take feedback; Workshop 1 Report Prepare models for complaint and redress based on the assessment report and feedback obtained; Circulate draft models to ACCP and CCPID; 5. Preparation of guidelines for selecting models Prepare guidelines on selection and implementation; Organize and conduct workshop to present models and guidelines; Take in feedback; Workshop 2 Report Revise/finalise models and guidelines based on feedback, if necessary. 6. Prepare policy brief: Organize and summarize the findings from the various components of the project 7. Submit compiled final complaint and redress mechanism models and guidelines 8. Prepare project completion report. Indicative Duration for Each Activity 1 week 2 weeks 9 weeks 7 weeks 6 weeks 1 week The timing of the tasks/activities is indicative and can be adjusted when the contractor s work plan is developed, subject to mutual agreement. V. Reporting The consultant is expected to complete the study within ten (10) calendar months. The key outputs should be submitted based on the following schedule: Page 3 of 6

4 Milestone Output 1 Inception report Week 2 Target Delivery Date (based on project work plan) 2 Framework and criteria for assessing complaint and redress models Assessment report of current complaint and redress systems Consultative workshop 1 report 3 Draft complaint and redress mechanism models Draft guidelines for selecting models Consultative workshop 2 report 4 Final compilation containing the revised complaint and redress mechanism models and the guidelines for selecting models Policy brief Project completion report Week 6 Week 15 Week 21 Week 26 Week 31 Week 36 Week 44 Week 44 Week 44 All reports will be submitted using AADCP II Report Guidelines, to the Competition, Consumer Protection and Intellectual Property Rights Division (CCPID), with copy to AADCP II. Financial reports will be submitted at invoicing in line with a payment schedule to be specified in the consulting agreement. VI. Work Management The CCPID will manage and will act as the ASEC key focal point for the project. It will: oversee project implementation and together with AADCP II monitor progress of the consultancy work; provide technical supervision to the project; assist/facilitate introductory consultation meetings with key Member States focal points; and, provide over-all guidance to the contractor on the organization and conduct of the regional consultative workshops. The Program Planning and Monitoring Support Unit (PPMSU) of AADCP II will provide technical support to CCPID for the implementation of this project, as required. VII. Scope of Services The study will be completed in ten calendar months. Professional services through this consultancy are required for six (6) person-months. Such services include research, analysis and presentation, report writing/preparation, consultation with stakeholders, and technical support to meetings and workshops. VIII. Qualifications The bidder must demonstrate the following qualifications: Page 4 of 6

5 Familiarity with consumer rights, enforcement of consumer laws, and consumer demands for safe and sustainable consumption practices as well as current and emerging consumer concerns and related issues; Thorough understanding and good knowledge of prevailing complaint and redress mechanisms through formal and informal procedures; In-depth knowledge of consumer protection policies, legislation and programs particularly complaint and redress mechanisms, especially within ASEAN; Extensive involvement in the development and implementation of complaint and redress mechanisms, preferably in ASEAN, with a minimum of 10 years of high-level working experience in the complaint and redress area; Proven track record in research, survey, activity design and delivering technical assistance, including effective capacity-building, related to consumer protection; Understanding of ASEAN and its work on consumer protection as an important element in the process of people-cantered economic community building; Have extensive experience in policy making and providing policy advice to governments and have considerable exposure and network with consumer protection agencies; Proven experience in dealing with senior government officials, parliamentarians and other identified stakeholders; Proven ability for accuracy under pressure and adherence to deadlines; Good computer skills with adequate knowledge of multi-media presentation and dissemination of outputs and documentation; and Proven skills in writing and conversing in English. IX. Bidding The work may be implemented by an individual or a group of individuals. Interested parties are invited to submit a proposal in response to this announcement. The proposal should be in two parts: technical and financial. The technical component should present the following information: A brief discussion indicating the bidder s understanding of the needs of the study; A brief analysis of key issues; A methodological discussion of how the bidder proposes to address those needs including assessment of key issues, analytical strategies that will underlie the study and specific techniques to be utilized; A detailed workplan that specifies activities to be undertaken, expected outputs, resources to be utilized and timing; Management plan; A discussion on how measures to ensure the future sustainability of the outcomes of the project will be addressed; CVs of all proposed experts; Brief discussion of firm s past experience in undertaking similar work and brief summaries of all projects undertaken. The financial component should specify all direct and indirect costs, in US dollars, including billing rates for experts, study related expenses, organization and conduct of workshops, etc. The selected bidder will be offered a lump-sum, output-based contract for the provision of the required services with scheduled milestone payments. The award of the contract will be subject to the negotiation of a mutually acceptable agreement. X. Submission of Application Applicants should send via (tender@aadcp2.org) indicating Development of Complaint and Redress Mechanism Models in ASEAN as the subject and mail/courier four (4) printed copies of their application with a cover letter, materials specified in Section IX above and other supporting documents to: Page 5 of 6

6 ASEAN Australia Development Cooperation Program II ASEAN Secretariat 2nd Floor, Jl.Sisingamangaraja 70A Jakarta 12110, Indonesia Only applications (either ed or printed versions) received by 5 PM Jakarta time no later than 14 February 2012 will be considered. Please note that only short-listed candidates will be notified. Due to a recent technical problem in our server, s sent to tender@aadcp2.org could not be retrieved. For bidders who have sent in proposals, please resend your tenders to tender@aadcp2.org. Please note that closing of tenders has been extended to 14 February Page 6 of 6