Procurement Notices

Introduction

• The oil, gas, and mining industry has been the fastest growing sector in recent years, which has helped propel Mozambique’s high gross domestic product (GDP) growth rates. Transforming natural resources capital into human and social capital, while minimizing environmental and social harm and maximizing respect for human rights is probably the major challenge facing Mozambique today. Since effective environmental management requires cross-sectoral coordination and coherence across the policy cycle, a range of stakeholders must be engaged beyond environmental technocrats. Recognizing that environmental management is one of the core functions of the state is the first step toward identifying and formulating approaches to address the underlying governance challenges that constrain state capacity in this area as well as in others.Until this is done the gap between the announced sustainable development goals and their actual achievement will continue to widen, and the fundamental human right to a safe, clean, sustainable and healthy environment will not be realized;
• In order to assist countries in addressing these challenges, UNDP has initiated a global project ”Environmental Governance for Sustainable Natural Resource Management”, with targeted support to ministries of environment, mining and other relevant stakeholders in four countries: Colombia, Kenya, Mongolia, and Mozambique;
• As part of this new initiative, UNDP intends to support two government agencies the National Directorate on Environment (DINAB) under the Ministry of Land, Environment and Rural Development (MITADER) and the National Institute of Mines (INAMI- Instituto Nacional de Minas) under the Ministry of Mineral Resources and Energy (MIREME), in conducting self-assessments of their role in enforcing environmental regulatory framework in the mining sector and in granting mining licenses, respectively. The assessment will use a methodology developed by UNDP in collaboration with a Swedish research institution, Folke Bernadotte Academy, which is designed to analyze the level of respect for rule of law principles in public administration (ROLPA) along 6 dimensions - legality, accessibility, right to be heard, right to appeal, transparency and accountability;
• The purpose of the assessment is to identify the principles that government agencies apply to ensure environmental and social impact is mitigated in the mining sector, both in terms of legally mandated roles and of their implementation in practice. The assessment will analyze the extent to which the existing legal and regulatory framework addresses the rule of principles, i.e. legality, accessibility, right to be heard, transparency, right to appeal, and accountability. It will also cover an analysis of any gaps between what is provided by law and what is exercised in practice, in administrative processes such as Environmental Licensing. Based on the findings of the assessment, the aim is to support the government in identifying policy or capacity gaps that can be addressed with financial or technical support from UNDP and its partners;
• Specifically, the government agencies will develop – based on the self-assessment – a plan to improve their capacity and the frameworks (legal, policy, coordination etc) within which they operate. Subsequent follow-up activities will be supported by the Project;

Background and Context

• Inclusive, sustainable and transparent management of natural resources is one of the most critical challenges facing resource-dependent developing countries in their efforts to advance on a social, environmental, and economic path and for the achievement of sustainable development goals (SDGs). The welfare of Mozambique’s population, the country’s economic growth and the achievement of development and poverty reduction goals depend to a large extent on the sustainable use of natural resources and environmental protection. In fact nationwide over 82% of jobs depend on natural resources and it is estimated that natural capital contributes up to 50% of GDP;
• Mozambique is richly endowed with a variety of natural resources. The amount of natural gas discovered in Mozambican deep waters so far surpass 170 trillion cubic feet (MINER, 2014), which is enough to place Mozambique in the top 10 gas reservoirs in the world. Equally, the country has among the world’s largest unexploited coal reserves. Mozambique also boasts heavy-sand deposits, gold, copper, titanium, graphite and a number of semi-precious stones and other minerals in significant quantities;
• Harnessing natural resources wealth is a tremendous transformative opportunity for resource-rich developing countries. However, these resources need to be governed adequately and equitably in order to be leveraged for sustainable development and growth. Indeed, history teaches that the costs of mismanagement are high, since natural resources have the potential to fuel corruption; economic, environmental and social damage; and even conflict if not governed well. Governments have the responsibility to manage and regulate the use of natural resources, transforming natural assets into sustained prosperity for both current and future generations;
• The management of the environmental impact of extractive industries is one of the most critical challenges facing many resource-dependent developing countries, including Mozambique. Indeed, the negative environmental impacts from the extractive industry often include soil erosion and degradation, formation of sinkholes, loss of biodiversity, contamination of ground and surface water by chemicals from the mining process, large amounts of waste, as well as noise and traffic generated from blasting, drilling and trucking activities. Waste from mining operations might contaminate the environment for generations to come. Cumulative and legacy environmental impacts in large mining districts overwhelm the ability to respond of already weak administrations. These impacts need to be managed well, from the initial concession negotiations through operation/monitoring, and all the way through to the decommissioning process and monitoring of closed mines;
• The rights of affected communities to a safe, clean and healthy environment cannot be protected without working on accountability and grievance mechanisms, especially given the power imbalance that frequently exists between mining interests and vulnerable population groups. The governance challenges in this process are increasingly recognized as key obstacles to achieving hoped for sustainable economic, social and environmental outcomes;
• The environmental degradation that often results from exploitation of oil, gas, and minerals is frequently associated with violent conflict and human rights violations.�Indigenous peoples and women are often among the most affected.

Objective and Duration of the Consultancy

• The proposed consultancy is to assist DINAB and INAMI undertake the self-assessment and guide it through the process. For the three stages leading to the assessment of respect for Rule of Law principles in the Public Administration (ROLPA), a selected team should adopt different research techniques such as desk review, focus group discussions, key informant interviews and structured questionnaires from user groups;
• The timeframe is estimated at approximately 80 working days divided between a multidisciplinary team of 4 experts (see profiles below) over a period of 3-6 months (starting 15 August 2016);
• In addition, a survey team of 3-5 junior researchers should be engaged and managed under the day-to-day supervision of the Survey Coordinator (see profile below), and the overall guidance and managerial responsibility of the Team Leader (profile below). The engagement of the survey team should be costed and included in the financial offer;
• For details on proposed breakdown of the timeframe see ROLPA Guidance Note, page 26 – find the link below;
• The expected start date is 15 August 2016.

Methodology of Consultancy

• As part of this new initiative, UNDP intends to support two government agencies the National Directorate on Environment (DINAB) under the Ministry of Land, Environment and Rural Development (MITADER) and the National Institute of Mines (INAMI- Instituto Nacional de Minas) under the Ministry of Mineral Resources and Energy (MIREME), in conducting self-assessments of their role in enforcing environmental regulatory framework in the mining sector and in granting mining licenses, respectively. The assessment will use a methodology developed by UNDP in collaboration with a Swedish research institution, Folke Bernadotte Academy, which is designed to analyze the level of respect for rule of law principles in public administration (ROLPA) along 6 dimensions - legality, accessibility, right to be heard, right to appeal, transparency and accountability;
• The self-assessment consists of three stages that are expected to take place within a total timeframe of 3-6 months. The first stage is a formal mapping of laws and regulations, and a description of the institutional environment in which a particular government agency operates. The second stage is a perception-based questionnaire that examines the specific challenges civil servants face in their working environment and enforcing accountability mechanisms. The third part of the self-assessment is a perception based survey of the service users of the agency and those stakeholders (e.g. citizens, communities, companies) who are affected by the decisions taken by the agency. These three stages and the results they generate aim to complement each other by cross-checking the data obtained through desk reviews and in depth interviews;

Scope of Work

• The proposed consultancy is to assist DINAB and INAMI undertake the self-assessment and guide it through the process. For the three stages leading to the assessment of respect for Rule of Law principles in the Public Administration (ROLPA), a selected team should adopt different research techniques such as desk review, focus group discussions, key informant interviews and structured questionnaires from user groups;

Expected Specific Outputs

Output 1:

• Inception report including a review of the ROLPA assessment methodology and proposals for its adaptation to the specific contexts of the involved government agencies;
• a plan for consultation and communication with the government agencies;
• a workplan; and
• a budget;

Output 2:

• Draft report with formal mapping of the sector (stage 1) and outline of step-by-step methodology for the agency survey (stage 2) and user survey (stage 3);

This deliverable requires completion of the following activities:

• Conduct formal mapping, which includes overview of the laws and regulations governing the sector in the area of environmental protection;
• Develop the methodology for agency and user surveys based on consultations with the involved government agencies, UNDP and the project partners, in particular the Swedish Environmental Protection Agency (SEPA);

Output 3:

• A draft consolidated report with results of the agency and user surveys, complete analysis of data, and survey documentation;

This deliverable requires completion of the following activities:

• Support 2 government agencies (DINAB and INAMI) in conducting an internal survey of their staff; and in-depth interview with key staff in each agency in charge of overseeing the implementation of the environmental laws and regulations in the mining sector and local governments;

Specific expectations:

1. Minimum 3 Focus Group Discussions organized in each agency (DINAB and INAMI)
2. Minimum 5 key informant interviews in each agency
3. An estimated 30-70 staff members surveyed in each agency
4. Support 2 government agencies (DINAB and INAMI) in conducting user surveys. Survey perceptions of users of the participating agencies will inform conclusions on whether the experience of users reflects respect for rule of law principles in the interaction between the relevant government agencies and their constituencies, and will help guide the support programme of UNDP and its implementing partners to the relevant government agency;

Specific expectations:

1. An estimated 250-500 stakeholders (citizens or other stakeholders) surveyed for each of the agencies

Output 4:

• Validation of the findings.
  1. Consultations with the government agencies, experts and other stakeholders to identify and review key findings.
  2. Present the findings to a stakeholders’ workshop, which will be organized and covered financially by the survey team.

Final Output

• Final report (see sample report outline in Appendix 4, page 40-41 in the original ROLPA Users’ Guide – find the link below).
• All reports can be submitted in Portuguese.

Institutional Arrangement

• The assessment will be carried out by a legal entity (NGO, research or academic institution, company). The contractor research institution/firm will conduct activities within the scope of work and prepare deliverables as specified above in this TOR. The contracted entity will be allowed to subcontract and engage the services of other entities in order to have the complex skill set needed;
• A UNDP team composed of staff from UNDP Mozambique, UNDP Regional Hub in Ethiopia and UNDP HQ will provide support, guidance and oversight during the assessment exercise;
• All results will be confidential and pending confirmation of the government agency surveyed as well as UNDP before it is made available for public consumption;
• The contracted entity will be primarily accountable to the UNDP Mozambique focal points. Support, guidance and oversight will be provided by all the UNDP team composed of staff from UNDP Mozambique, UNDP Regional Hub in Ethiopia and UNDP HQ;

Duration of the Work

• The timeframe is estimated at approximately 80 working days divided between a multidisciplinary team of 4 experts (see profiles below) over a period of 3-6 months (starting 15 August 2016);
• In addition a survey team of 3-5 junior researchers should be engaged and managed under the day-to-day supervision of the Survey Coordinator (see profile below), and the overall guidance and managerial responsibility of the Team Leader (profile below). The engagement of the survey team should be costed and included in the financial offer;
• For details on proposed breakdown of the timeframe see ROLPA Guidance Note, page 26 – find the link below
• The expected start date is 15 August 2016.

Duty Station

• Maputo, Mozambique

Timelines and Reporting

• The assignment will be for 80 working days according to the following time frame:
  • Submission and acceptance of the inception report, maximum 1 month after signing the contract (15 September 2016);
  • Submission and acceptance of the draft report with results of formal mapping and proposed methodology for subsequent stages, maximum 2 months after signing the contract (15 October 2016);
  • Submission and acceptance of the agency and user groups’ survey reports (including submission of relevant raw data collected), maximum 4 months after signing the contract (15 December 2016).
  • Submission and acceptance of the final revised report, maximum 6 months after signing the contract and no later than�15 February 2017;
  • In addition, submission of biweekly 1-page updates on progress is expected – due every 2nd Friday from the contract is signed.

Required Documents for Submission

• In order to comply with uniformity of selection process, all applicants are requested to submit the following documents;
  • Letter of Confirmation of Interest and Availability using the template provided by UNDP;
  • Personal CVs or P11 form (Annex 3 attached herewith) indicating all past experience from similar projects, as well as the contact details and at least three (3) professional references;
  • Technical proposal with brief description of why the applicant considers her/himself as the most suitable for the assignment, brief description of methodology on how to approach and complete the assignment.;
  • Financial Proposal that indicates the all-inclusive fixed total contract price (lump-sum);
• Proposals should be submitted as per indicated in RFP document in link below..

Criteria for Selection of the Best Offer

• The applicants will be selected through combined score method, where the technical proposal (qualifications and methodology) will be weighted a maximum of 70% and combined with the financial proposal (should indicate all-inclusive total price) which will be weighted a maximum of 30%;
• In order to be considered for financial evaluation, the proposal needs to meet a minimum of 70% of the technical evaluation criteria;

Lump sum contracts

• The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, visa and number of anticipated working days);

Travel

• All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel.�In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources. The contractor will not be required to travel outside Mozambique within the framework of the contract and all travel outside of Maputo will be agreed previously with UNDP Country Office in Mozambique;
• In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed;

Schedule of Payments

• 1st installment, 20% of the total fee – upon submission and acceptance of the inception report, maximum 1 month after signing the contract;
• 2nd installment, 30% - upon submission and acceptance of the draft report with results of formal mapping and proposed methodology for subsequent stages, maximum 2 months after signing the contract;
• 3rd installment, 20% - upon submission and acceptance of the agency and user groups’ survey reports (including submission of relevant raw data collected), maximum 4 months after signing the contract.
• 4th installment, 30% upon submission and acceptance of the final revised report, maximum 6 months after signing the contract and no later than 15 February 2016.
• In addition, submission of biweekly 1-page updates on progress is expected – due every 2nd Friday from the contract is signed. The updates will be provided directly to the focal points staff from UNDP Mozambique, as well as focal points from UNDP Regional Hub in Ethiopia and UNDP HQ.

Annexes (link)

Annex 1: P11 form

Annex 2: RFP document

Annex 3: ROLPA methodology - Guidance Note

http://www.undp.org/content/dam/undp/library/Democratic%20Governance/Public%20Administration/Assessing-Respect-for-Rule-of-Law-Guidance_note.pdf.

Annex 4: ROLPA methodology - Users’ Guide

http://www.undp.org/content/dam/undp/library/Democratic%20Governance/Public%20Administration/Assessing-Respect-for-Rule-of-Law-Users-Guide.pdf.

Corporate:

• Demonstrates integrity by modelling the UN’s values and ethical standards (human rights, peace, understanding between peoples and nations, tolerance, integrity, respect, results orientation (UNDP core ethics) impartiality;
• Display comfort working with politically sensitive situations;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;

Functional:

• Conscientious and efficient in meeting deadlines, observing deadlines and achieving results;
• Excellent organizational skills and attention to detail;
• Responds to communications by email and skype on a timely basis.
• Excellent communication and interpersonal skills required for effective collaboration with government counterparts, UNDP and various other stakeholders;
• Demonstrates openness in sharing information and keeping people informed;
• Excellent writing, editing, and oral communication skills.
• Works collaboratively with colleagues/organizations to achieve organizational goals;
• Solicits input by genuinely valuing others’ ideas and expertise;
• Places team agenda before personal agenda.

Requirements for the contractor:

• The applicant (research institution, NGO, consulting company etc) is expected to have the following skills and qualifications:
  • Be a legal entity (research institution, NGO, consulting company etc), with at least 5 years experience working with Mozambican government institutions
  • Combined expertise (Masters or equivalent) in environment,governance, International Development, Law, EI related field
    • Proven experience in conducting a similar research in the area of environmental governance;
    • Demonstrate experience in providing technical advice and interface with government, relevant public and private research centers or institutions; NGOs; and groups that support environmental, mining or governance related issues;
    • Fluency in spoken and written Portuguese and English languages;
    • Excellent communication and strong analytical skills and production of reports, and any other innovative knowledge materials

Qualifications and requirements for individuals:

• The contracted firm/institution will be responsible for the recruitment of all staff required to undertake this assessment and submit all the deliverables as per this TOR.
• Recruitment must ensure that the implementing team is competent in various thematic areas as detailed below.
• The multidisciplinary team must comprise the following key members:

Team leader:

• Master’s degree or higher in Public Administration, Administrative Law, Local Governance Local Development, Human Rights or similar;
• At least 10 years of experience in public administration, human rights-based development projects, administrative law;
• Previous experience reviewing environmental and mining related laws, policies and practices will be a strength;
• Experience in conducting policy studies and reports;
• A proven track record of working effectively with national government institutions, civil society, international organizations and other stakeholders;
• Good understanding of environmental issues related to extractive industries, preferably mining;

Expert /public administration specialist

• Post-graduate degree in Public Administration, Administrative Law, Human Rights, Environmental Governance or closely related field;
• At least 7 years of work experience in the field of public administration, previous government employment would be an asset;
• Experience in research studies;

Expert / mining specialist

• Post-graduate degree in Environmental Science or closely related field;
• At least 7 years of work experience in the field of environmental governance or environmental management of extractive industries, preferably mining;
• Experience in working in the mining sector or in public administration is not a requirement but would be an asset;

Survey coordinator�(day-to-day management of the survey team and its data collection tasks)

• Master’s degree in social science – sociology, management, and other related field;
• Experience in having coordinated and supervised surveys;
• At least 7 years work experience, preferably in research and academics;
• Advanced skills in the use of statistical analysis software such as SPSS, Stata, SAS, etc;
• Sound technical knowledge in development of survey tools and guidelines;
• Proven data visualization skills;
• The contracted firm/institution can propose its own survey team or subcontract to a different institution specialized in surveying. Sample guidelines for the data collection will be provided by UNDP (see appendix 6, page 43 in the ROLPA Users’ Guide – find link below);
• The contracted firm/ institution should submit a proposal that considers that the field surveys will be conducted with DINAB and INAMI in Maputo;
• All team members must have excellent Portuguese language skills, and at least one team member must have excellent English language skills (spoken and written).