Procurement Notices

TERMS OF REFERENCE

JUIDICARY INITIATIVE TO ENHANCE ACCESS TO JUSTICE IN UNDERSERVED AREAS

1. Background and Rationale

Access to justice is a worldwide concern not only of the judiciary in every country but also among the other pillars of justice. In the Philippines, judicial reform to address the different components of access to justice largely focuses on the marginalized peoples or citizens in underserved urban or rural areas.

The Supreme Court issued Memorandum Order No. 35-2017 dated June 8, 2017 creating the Committee to Enhance Access to Justice in Underserved Areas, chaired by the Honorable Marvic M. V. F. Leonen, Associate Justice, Supreme Court. The members were chosen from justices in the Coun of Appeals, judges, Court Administrator and other officials in the SC.

The duties of the Committee relevant to this proposed judiciary initiative to enhance justice in underserved areas are: to "conduct formal and informal consultations with populations in underserved areas with regard to their conditions and difficulties in accessing justice, and propose policy guidelines and relevant recommendations to the Office of the Chief Justice and/or the Court relative to the above-mentioned functions".

Access to justice has been defined in a number of different ways borne out of the different assessments done by different organizations around the world. The varying definitions resulted from the different approaches taken as a point of departure for those assessments.

Regardless of the approach, most assessments would look at access to justice from both formal and informal perspectives and as means to "ensure that the poor, disadvantaged and marginalized populations gain understanding, knowledge, confidence, a voice and a physical access to appropriate and effective means of meeting their justice needs and furthering their rights". (UNDP, 2012)

The following elements/components of access to justice have been identified by the American Bar Association (ABA) as essential if "citizens are to be able and willing to use justice institutions" (ABA, 2012):

i.                    Legal Framework — Laws and regulations establish citizens' rights and duties, and provide citizens with mechanisms to solve their justice problems.

ii.                 Legal Knowledge — Citizens are aware of their rights and duties, and the mechanisms available to solve their justice problems.

iii.               Legal Advice and Representation — Citizens can access the legal advice and representation necessary to solve their justice problems.

iv.               Access to a Justice Institution — Justice institutions exist, whether formal or informal, which are affordable and accessible, and process cases in a timely manner.

Fair Procedure — Justice Institutions, whether formal or informal, ensure that citizens have an opportunity to present their case and disputes are adjudicated impartially and without improper influence. Where cases are resolved by mediation, citizens make voluntary and informed decisions to settle.

vi. Enforceable Decisions — Justice institutions are able to enforce their decisions, including through the use of sanctions.

The proposed initiative seeks to align with the 2030 Agenda for Sustainable Development, the core of which are the Sustainable Development Goals (SDGs) particularly for SDG 16 — a goal on peace, justice and strong institutions.

2. Obiective

1. Long Term Objectives

The judiciary initiative aims to:

1.1 Gather data and information on prevailing issues and challenges on justicerelated problems at the grassroots level from both the demand and supply side (e.g. cost ofjustice, identity, etc.);

1.2 Provide inputs to the Court on how to enhance OCA efficiency, and hindrances to access to justice, and

1.3 Make periodic recommendations to the Coun on how access to justice mechanisms could further be improved, and how it could align with the Sustainable Development Goals especially on the promotion of a just, peaceful and inclusive society.

2. Short Term Objectives for 2018

2.1 The initial phase this 2018 will focus on scoping activities to surface preliminary data on prevailing issues/challenges on justice related concerns in underserved areas;

2.2 To use the scoping results to develop/refine the methodology on how to assess and define what "underserved" is; identify areas which are underserved and identify and define access to justice issues for the underserved, both at the urban and rural areas. The methodology should also include the gender perspective;

2.3 To use the scoping phase as an avenue to develop a more realistic and concrete definition of what underserved areas means (or establish indicators of what an underserved area is); and

2.4 To use the scoping results as a starting point to develop a multi-level ( 5 year) development plan to enhance access to justice initiatives in identified underserved areas.

3. Collaboration

The Committee to Enhance Access to Justice in Underserved Areas (CEAJUA) shall take the lead in providing the directions for this activity, the PMO will give the logistical support in coordination with the UNDP.

4. Scope of Work

The Individual Contractor/Responsible Party (IC/RP) is expected to undertake the following:

a.      Map out, generate data, and provide a situationer/overview of the current state of the underserved areas to be visited by the Project relative to access to justice concerns;

b.      Draft a scoping guide to be used during the exploratory consultations in the targeted underserved areas;

c.      Assist in facilitating/moderating the conduct of multi-sector scoping activities in the targeted underserved areas;

d.      Refine the methodology on how to assess, define, and identify indicators of what "underserved" areas look like in the Philippines; identify access to justice challenges/issues faced by the target areas, and incorporate in the methodology a gender perspective through the assistance of a gender specialist; and

e.      To propose a 5-year development plan to enhance access to justice initiatives in the underserved areas using the results of the scoping activities as a take-off point.

5. Expected Outputs and Deliverables

a.       One (1) Inception Report to include research design, methodology, work plan, and budget for the identified outputs

b.      One (1) report that includes a.) Situationer on the current state of access to justice in underserved areas to be visited and b) Scoping Guide for use in the exploratory consultations in the targeted areas

c.       One (1) review session with the Implementing Partner/UNDP Representatives on the Situationer and Scoping Guide

d.      Two (2) scoping activities conducted in underserved areas in Mindanao

e.       One (1) Final Report that includes a multi-year action plan to enhance access to justice initiatives in the underserved areas and guidelines on how to assess access to justice issues and challenges.

6. Knowledge Product Management

The SCP, as IP, reserves the exclusive proprietary rights, copyrights, and all other rights to any of the materials produced pertinent to this Terms of Reference and the Project. It is emphasized that the Contractor/Responsible Party may not use, distribute, or make reference of the material/s without prior permission from the IP.

All knowledge products, reports, plans and other documentations produced for the activity shall include the UNDP, GOP and the IP logos. Production of reports and plans shall be in hard copy and electronic formats. Copies shall be provided to the IP, SCP units concerned, other pillars/stakeholders and UNDP

7. Management Arrangements

The IP and Contractor/Responsible Party shall carry out all activities specified in this TOR that are consistent with the Annual Work Plan (AWP) and National Implementation by Government of UNDP Supported Projects: Guidelines and Procedures ( NIM). It shall perform its tasks with due diligence and efficiency, and warrant that the quality of work completed is in accordance with professional and technical standards acceptable to the IP and UNDP.

The IP shall be responsible for the overall coordination and supervision of the Project. It shall be responsible for monitoring, and recommending approval and acceptance of the project outputs. It shall advise and coordinate with the Contractor/Responsible Party the monitoring and reporting requirements and deadlines to be observed by both the IP and Contractor/Responsible Party. The IP shall issue a Certificate of Acceptance for all deliverables of the Contractor/Responsible Party.

The Contractor/Responsible Party is expected to implement and take charge of coordinating activities and schedules with the agencies and organizations, and documentation of activities identified relevant to this assignment and the IP to ensure a successful implementation.

8. Scope of Price Proposal and Schedule of Payment

The contract price includes the professional fees and expenses for the conduct of fieldwork and community consultations, inclusive of taxes. The contract price is a fixed output-based price regardless of any extension or reduction of the duration of the engagement. The schedule of payments is as follows:

All payments shall be processed upon delivery of target outputs and the issuance of a Certificate of Acceptance by the IP.

9. Project Duration

2 months

10. Duty Station  

The Individual Contractor/Responsible Party may hold office at his/he preferred place, and is not required to report regularly to the PMO.

11. Activity Monitoring and Reports Submission Schedules

The IP shall conduct regular monitoring of the activities. The final report shall include the following:

·          Completion and financial report

·          Electronic copies of the digital photos taken during activities

·          Brief Progress report for every activity

·          Printed outputs in hard and electronic copies

·          FGDs and other activities conducted should include the following details on

 the number of participants as per:

     Gender disaggregated data (M or F)

     Sectoral representation (CSO, pillars - national government agency, LGU or

private sector, other stakeholders invited to participate

12. Qualifications of the Successful Contractor (minimum passing score is 70/100, with the following weight)

• Must have an LLB or Juris Doctor degree and must have passed the Philippine Bar Examination (40 points)
• Must be a member of the Philippine Bar and a practicing lawyer for at least 10 years (10 points)
• Must have at least five (5) years relevant experience in conducting FGDs/Fonm/consultations/interviews and other learning events (50 points)

13. Criteria for Selection of the Best Offer

Offer will be evaluated using the Combined Scoring method – where the qualifications will be weighted a max. of 70%, and combined with the price offer which will be weighted a max of 30%.

Please submit the folliwing documents:

1) CV or P11 Personal History form (using the attached template) 

2) Letter of Confirmation of Interest and Availability and Financial Proposal (please use attached template)

3) Names, email addresses and contact numbers of at least 3 professional references

Kindly send applications to procurement.ph@undp.org no later than 10 July 2018. Emails must not exceed 4MB per message.