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Constitutional Legal Drafters
Procurement Process :RFP - Request for proposal
Office :UNDP - FIJI
Deadline :24-Jul-18
Posted on :04-Jul-18
Development Area :CONSULTANTSCONSULTANTS
Reference Number :47792
Link to Atlas Project :
00096486 - Tuvalu Constitutional Review
Documents :
Terms of Reference
P11 Form
Confirmation of Interest Form and Financial
Overview :

TERMS OF REFERENCE

 

Reference

 

Consultancy Title

2 x Constitutional Legal Drafters (1 x International and 1 x National)

Project Name:

Tuvalu Constitutional Review Project

Duty Station

Based in Tuvalu

Application deadline

24 July 2019

Type of Contract

Individual Contractor

Competition

International and National Consultants

Languages required:

English

Duration of Contract:

3 months from 13 August – mid November 2018

 

Proposal should be submitted through etenderbox.pacific@undp.org no later than 24 July 2018.

 

BACKGROUND

The Tuvalu Constitutional Review Project (TCRP) is a 3-year project supporting the government and people of Tuvalu to review their National Constitution considering past socio-economic and political challenges. The project provides the required technical expertise and independent advice through constitutional experts to ensure the constitutional review is more technically proficient, inclusive, participatory and transparent; and also conforms to international treaties and conventions, in particular with regards to human rights. Of paramount importance amidst is the need to also fully account for the traditional norms and culture of the people of Tuvalu.  This process is expected to result in a more informed citizenry and a constitution with text that reflects the needs and aspirations of the Tuvalu people. Furthermore, it is expected that the process will result in a constitution that provides more accountable and effective government (constitution better equipped to deal with past political crisis), a citizenry that is better able to hold leaders to account, stronger social cohesion, and more sustainable development. The overall goal of the project hence is to ensure that citizens of Tuvalu and key governance institutions are empowered to better understand the constitutional review process and underlying issues through effective civic education and engagement during the constitutional review, which is undertaken in an open, transparent and inclusive manner. Since the inception of the Project, there has been a comprehensive civic education campaign that has been delivered via radio and face-to-face modes to the outer island communities. The Project has facilitated two major outreach consultations to all outer islands, including reaching out to the Tuvaluan diaspora in Fiji and New Zealand as well. In February 2018, a major workshop was held in Sydney titled “Comparative Constitutional Design Workshop” which provided the CRC and CRC Secretariat members access to leading constitutional experts to develop options pertaining to the various constitutional provisions to take to the people.

 

In respect of the above, the Project is seeking two Constitutional Legal Drafters (1 x International and 1 x National) to be based in Funafuti, Tuvalu to support the Constitutional Review Committee (CRC) and the CRC Secretariat. The consultants will support the constitutional review by drafting amendments based on the direction of the CRC and the CRC Secretariat taking into account the results of two major outreach phases, various internal and external reports and papers, and international, regional and national best practices. The Consultants are expected to provide the highest levels of technical legal drafting, provide continued advisory support to the CRC Chair, Members and the CRC Secretariat team; and use the highest levels of integrity, transparency and respect for the national led process as well as for traditional values, norms and customs of Tuvalu.

 

SCOPE OF WORK AND DELIVERABLES  

The Consultant is expected to work closely with the Project Manager/Governance Analyst based at UNDP Pacific Office in Fiji to support the following activities.:

 

  1. Undertake a thorough analysis of all the findings from the outreaches and produce a comprehensive report summarizing and consolidating all issues and commentary necessitating constitutional amendments;
  2. Propose a methodology and work plan for the drafting of amendments, including conducting meetings in July with the CRC and Secretariat;
  3. Conduct a 2-3 day workshop with the CRC and the CRC Secretariat on Constitutional Drafting and proposing an outline of the drafting process, key parameters to be taken into account and a paper outlining roles/functions of various individuals involved in the review process, timelines and other key aspects;
  4. Formulate draft amendments (inclusive of options where appropriate) to the current national Constitution of Tuvalu with a brief report containing explanatory notes on the amended provisions, options proposed for various sections and other aspects required by the CRC;
  5. Present and provide a report on the amendment formulations for the National Summit of Island and National Leaders on the final draft version of the new Constitution;
  6. Produce and present a final version of the draft new Constitution to the CRC and CRC Secretariat based on decisions made at the National Summit;
  7. Develop and finalize Legislative Instruments (Bill) and supporting papers for Constitutional Amendment in consultation and guidance of the CRC Secretariat and Chair of the CRC.  

 

Location:

The International Consultant is expected to be based in country in Tuvalu for a minimum of 2 months to support the drafting of a new national Constitution and provide support from their home-based country remotely. The Local Consultant is expected to be based in country for a 3 month period.

 

WORKING ARRANGEMENTS

Institutional Arrangement

The Consultants will report to the Chair of the CRC and work under the guidance and supervision of the CRC Secretariat, in particular, the Head of the CRC Secretariat Office in country.  He/She is expected to work under the overall supervision and provide updates on a regular basis to UNDP Project Manager to ensure the completion of deliverables as identified in this Consultancy exercise.  

 

REQUIREMENTS FOR EXPERIENCE AND QUALIFICATIONS

Academic Qualifications:

The consultant should have:

DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS.

Interested individual consultants must submit the following documents/information to demonstrate their qualifications in one single PDF document:

 

  1. Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP (Annex II).
  2. Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references.
  3. Technical proposal:
    1. Brief description of why the individual considers him/herself as the most suitable for the assignment
    2. A methodology, on how they will approach and complete the assignment.
  4. Financial proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided (Annex II)

 

Evaluation Method and Criteria:

Individual consultants will be evaluated based on the cumulative analysis methodology.

The award of the contract shall be made to the individual consultant whose offer has been evaluated and

determined as:

a) responsive/compliant/acceptable, and

b) Having received the highest score out of a pre-determined set of weighted technical and financial

criteria specific to the solicitation: Technical Criteria 70% (as indicated above in Experience and

Qualifications section) and Financial Criteria 30%.

Only candidates obtaining a minimum of 49 points (70% of the total technical points) would be

considered for the Financial Evaluation.

 

Technical Criteria – Maximum 70 points

  • Criteria 1 -   At least 7 years (for international consultant) and 5 years (for national consultant) or more of solid legal or legislative drafting experience or as a lead officer in supporting legal or legislative reforms, drafting of legislative instruments (bills) and relative papers. 25%
  • Criteria 2 -   Senior level professional experience in constitutional review or reform processes and/or legal reform processes at the national level will be preferred. 10%
  • Criteria 3 - Advanced university studies (preferably Masters) in Law, Legislative and/or Legal Drafting. 15%
  • Criteria 4 -  Academically qualified and research experience on cultural, traditional and customary laws and practices or other relative subjects.10%
  • Criteria 5 - Excellent writing, planning, research, communication and reporting skills and demonstrated ability to perform well in a multi-cultural environment. 10%

 

 

Annexes

 

Proposal Submission

All applications must be clearly marked with the title of the consultancy and submitted by 5.00pm, 24th July, 2018 (Fiji Time) electronically to etenderbox.pacific@undp.org .

 

For further information concerning this Terms of Reference, please contact Mohammed Mozeem, Governance Analyst, UNDP Pacific Office on email mohammed.mozeem@undp.org.

 

Incomplete applications will not be considered, and only candidates for whom there is further interest will be contacted.