INDIVIDUAL CONSULTANT PROCUREMENT NOTICE (International Consultant – Human Rights Expert) UNDP/PN/31/2017 Date: 31 July 2017

Country: Nepal

Description of the assignment:

SPSP project needs a Human Rights Expert. He/She will be responsible to provide day-to-day management and technical support to implement the Project activities and ensure that the Project objectives are met as set out in the Project document. The expert will report directly to the Deputy Country Director (Programme) and be responsible to the secretary of the NHRC.

Number of consultant required: 1

Project name: Strategic Plan Support Project for the National Human Rights Commission (SPSP)

Period of assignment/services (if applicable): 01 September – 31 December 2017 (not to exceed 87 days in total)

Duty Station: , Nepal

Proposal should be submitted at the following address: Procurement Unit, UNDP (Ref.: UNDP/PN/31/2017: Human Rights Expert, UN House, Pulchowk, PO Box 107, Kathmandu, Nepal or by email to [email protected] not later than 1730 hours (Nepal Standard Time) of 09 August 2017.

Any request for clarification must be sent in writing, or by standard electronic communication to the e- mail: [email protected] mentioning Procurement Notice Ref: UNDP/PN/31/2017: Human Rights Expert, on or before 03 August 2017. The procurement unit will respond in writing, including an explanation of the query without identifying the source of inquiry, to all consultants or via bulletin published on the UNDP website: http://www.np.undp.org/content/nepal/en/home/operations/procurement.html. Inquiries received after the above date and time shall not be entertained.

1. SCOPE OF WORK, RESPONSIBILITIES AND DESCRIPTION OF THE PROPOSED WORK Please refer to the attached ToR (Annex 1) Please submit your application at the following email address: [email protected]

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2. REQUIREMENTS FOR EXPERIENCE AND QUALIFICATIONS

Education & Experience: • Advanced master's degree preferably in, human rights, law, international studies, social sciences or a related field. • At least 7 years of experience are required in the field of human rights and international studies, of which at least 5 years in project management, capacity development and institutional development. • A minimum of 5 years of relevant professional experience of post-conflict recovery, including 3 years of field experience in emergency and post-conflict situations. Experience working in support of national human rights institutions is desirable. • Proven experience in working with human rights and national human rights institutions is desirable. • Previous experience with the United Nations System, including UNDP is desirable. • Demonstrated excellent command of spoken and written English. 3. DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSAL

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

• Offeror’s Letter to UNDP Confirming Interest and Availability for the Individual Contractor (IC) Assignment along with the completed financial proposal and PII template annexed to this letter. • A cover letter with a brief presentation of your consultancy explaining your suitability for the work; • A brief methodology on how you will approach and conduct the work (please refer to proposed Outline of Technical Feasibility Study Safeguarding lives and livelihoods annexed to TOR)

Note:

a) Applicants of 62 years or more require full medical examination and statement of fitness to work to engage in the consultancy

b) The candidate has to be an independent consultant (If the candidate is engaged with any organization, the organization employing the candidate will be issued with a Reimbursable Loan Agreement (RLA) to release the employee for the consultancy with UNDP.)

c) Due to sheer number of applicants, the procurement unit will contact only competitively selected consultant.

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4. EVALUATION

Individual consultants will be evaluated based on the following methodologies:

Cumulative analysis When using this weighted scoring method, the award of the contract should 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 weight; 70% * Financial Criteria weight; 30%

Only candidates obtaining a minimum of 49 points in the technical evaluation would be considered for the Financial Evaluation. Criteria Weight Max. Point Technical Criterion A: 15% 15 • Advanced master's degree preferably in, human rights, law, international studies, social sciences or a related field. - 15 Criterion B: 15% 15 • At least 7 years of experience are required in the field of human rights and international studies, of which at least 5 years in project management, capacity development and institutional development. 15 Criterion C: 15% 15 • A minimum of 5 years of relevant professional experience of post-conflict recovery, including 3 years of field experience in emergency and post-conflict situations. Experience working in support of national human rights institutions is desirable.15 Criterion D: 10% 10 • Proven experience in working with human rights and national human rights institutions is desirable.10

Criterion E: 10% 10 • Previous experience with the United Nations System, including UNDP is desirable. 10

Criterion F: 5% 5 • Demonstrated excellent command of spoken and written English.5

Financial

Lowest financial proposal 30% 30

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Contract will be awarded to the technically qualified consultant who obtains the highest combined score (financial and technical). The points for the Financial Proposal will be allocated as per the following formula: 퐿표푤푒푠푡 퐵𝑖푑 푂푓푓푒푟푒푑 ∗ 푋 30 퐵𝑖푑 표푓 푡ℎ푒 퐶표푛푠푢푙푡푎푛푡

* “Lowest Bid Offered” refers to the lowest price offered by Offerors scoring at least 70% points in technical evaluation.

ANNEX ANNEX 1- TERMS OF REFERENCES (TOR) ANNEX 2- GENERAL CONDITIONS OF CONTRACT FOR THE SERVICES OF INDIVIDUAL CONSULTANT ANNEX 3- P11 Form ANNEX 4 - OFFEROR’S LETTER TO UNDP CONFIRMING INTEREST AND AVAILABILITY FOR THE INDIVIDUAL CONTRACTOR (IC) ASSIGNMENT

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ANNEX 1

UNITED NATIONS DEVELOPMENT PROGRAMME

TERMS OF REFERENCE

I. Position Information

Title: Human Rights Expert (International Consultant) Department/Unit: Strategic Plan Support Project for the National Human Rights Commission

Duration of Assignment: 01 September 2017 to December 31st, 2017 (not to exceed 87 days)

Duty Station: SPSP Project Office, Kathmandu, Nepal (However, the expenses will be borne by UNDP for any field visits outside KTM Valley)

II. Organizational Context The National Human Rights Commission (NHRC) is an independent and autonomous institution for the protection and promotion of human rights throughout the country, first established as a statutory body in 2000 under the NHRC Act, 1997 and later elevated to a constitutional body in both the Interim Constitution of Nepal of 2007 and the Constitution of 2015. It is mandated to monitor the implementation and observance of all human rights enshrined in the interim constitution of Nepal, domestic laws and international treaties to which Nepal is a party. NHRC is also named as an institution responsible for monitoring the human rights cases referred to in the Comprehensive Peace Agreement (CPA).

The NHRC functions through its head office in Kathmandu, 5 regional offices based in , Janakpur, Pokhara, Nepalgunj and Dhangadhi and 3 sub-regional offices based in Khotang, and Jumla. It has a total of 166 staff members, almost half of the approved posts of 309. In 2014, it received around 5,000 complaints of human rights violation and investigated into more than 3,000 cases so far. However, the status of full implementation of NHRC recommendations to the government has been as low as 14% (2000-2013).

In October 2014, the Government of Nepal appointed a Chairperson and 4 commissioners of the NHRC for six years tenure. The NHRC is being able to maintain “A” accreditation status accredited by the International Coordination Committee of National Human Rights Institutions.

Since its establishment, the NHRC has achieved considerable results mainly in the fields of monitoring and investigation, outreach and preparation of guidelines in various fields.

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Nevertheless, lack of sufficient technical support after the departure of the OHCHR, low staffing at central and regional offices, the long delay in the appointment of the Commissioners during 2013 and 2014 and lack of political will to support the NHRC in the fulfilment of its mandate implied severe challenges to the NHRC.

With an objective to provide necessary technical and other supports to the NHRC, the National Human Rights Commission’s Strategy Plan Support Project (SPSP) has been supporting the commission to; i) develop the core institutional capacities it needs to execute its crucial ‘watchdog’ role for the protection and promotion of human rights, ii) monitor the human rights issues; iii) and actors to work together to achieve critical mass on human rights issues.

The Project has been focusing on strengthening the organizational and management structure of the NHRC, including the financial management of the NHRC. The Project’s focus in strengthening its organisational and competence capacity of NHRC has significantly been contributing towards long-term sustainability of the institution and its capability to carry out the tasks set by itself in the Strategic Plan.

The primary beneficiaries of are’ i) the commissioners, ii) the secretariats of the commission, iii) staff of the NHRC whose capacities, skills, dedication and abilities will be increased and iv) the other commissions as well. The improved performance of the NHRC will be increasingly acknowledged by the public as the secondary beneficiary who will benefit from a more effective human rights protection and promotion

There are two approaches that the Project is focused on. Its first focus is on the duty bearers and second focus is on demand side as well. Regarding the duty bearers side – consists of a thorough development of the organizational capacity through a training needs assessment and a management review that identify the required areas of support for the internal management including business management, procedures, and financial management as well as the core areas of performance of the NHRC monitoring, investigation, and outreach towards other constitutional commissions, civil society and the GoN through first component.

III. Functions / Key Results Expected Under the overall guidance and in coordination with UNDP Deputy Country Director, Human Rights Expert will be responsible to provide day-to-day management and technical support to implement the Project activities and ensure that the Project objectives are met as set out in the Project document. The expert will report directly to the Deputy Country Director (Programme) and be responsible to the secretary of the NHRC.

Summary of Key Functions:

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The International Expert will be responsible for project management ensuring quality and results by:

• Providing technical guidance for the effective implementation of the Strategic Plan Support Programme • Overseeing monitoring and evaluation activities of the project; • Managing partnerships, policy, resource mobilization and advocacy efforts, and • Participating and Leading the process of new project proposal development: 1. Functions/ Expected Results: Providing technical guidance for the effective implementation of the Strategic Plan Support Programme

• Provide technical advice to the programme for effective implementation and and attainment of targets set in the Programme Document. • Ensure a proportional approach, cohesion and coordination between different components of the project; • Support both components of the project in facilitating delivery as per the outputs, outcome and objectives of the project. • Ensure the integration of cross-cutting issues, such as peace consolidation and human rights into rule of law project designing, monitoring and evaluation; • Ensure good coordination and collaboration with NHRC, Development Partners, and other responsible parties; • Guide and support quality assurance officers/specialists to ensure the quality of the project; and • Develop the Annual and completion report of the project.

2. Function / Expected Results: Overseeing monitoring and evaluation activities of the project;

• Provide strategic policy advice to government counterparts, development partners and other partners on issues related to the human rights as a function of strengthening the broader framework of the rule of law; • Provide strategic policy advice to UNDP senior management on human rights issues and prepare strategic policy papers; and • Coordinate with the final evaluation team to submit the final report. 3. Function / Expected Results: Support SPSP Team in managing partnerships and policy advocacy efforts;

• Advise, guide and provide support in partnerships with specific project partners; • Foster and enhance collaboration with relevant Government bodies and Development Partners; and • Lead the analytical and policy development work of the project team. 4. Function /Expected Results: Participating and Leading the process of new project proposal development:

• Analyze the key lessons learned of the evaluation report and research reports of the commission and initiate a project formulation process; • Assist in formulation of the new project for the NHRC based on the key findings of the final evaluation of the SPSP and lesson learned; and • Organize necessary discussion and consultation to finalize the project document at national and sub-reginal level. III. Key Deliverables: The main deliverables of this consultancy will be as follows:

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• Monthly Board meetings are held • Delivery of financial resources is achieved; • Policy and technical advice of high quality and relevance; • Inputs into project progress reports and work plans, and review -comments of and assist the preparation of the quarterly work plans and annual progress report; • Annual and completion report is developed; • The final evaluation of the project report is submitted and shared to the partners; and • New project document is drafted.

VI. Recruitment Qualifications Advanced master's degree preferably in, human rights, law, international studies, social sciences or a related field. Education:

• At least 7 years of experience are required in the field of human rights and international studies, of which at least Experience: 5 years in project management, capacity development and institutional development. • A minimum of 5 years of relevant professional experience of post-conflict recovery, including 3 years of field experience in emergency and post-conflict situations. Experience working in support of national human rights institutions is desirable. • Proven experience in working with human rights and national human rights institutions is desirable. • Previous experience with the United Nations System, including UNDP is desirable. Demonstrated excellent command of spoken and written English. Language Requirements:

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OFFEROR’S LETTER TO UNDP CONFIRMING INTEREST AND AVAILABILITY FOR THE INDIVIDUAL CONTRACTOR (IC) ASSIGNMENT

(Ref. # UNDP/PN/31/2017 – International Consultant – Human Rights Specialist)

Date

United Nations Development Programme Procurement Unit Nepal

Dear Sir/Madam:

I hereby declare that: a) I have read, understood and hereby accept the Terms of Reference describing the duties and responsibilities of International Consultant – Project Formulation Specialist under the [state project title]; b) I have also read, understood and hereby accept UNDP’s General Conditions of Contract for the Services of the Individual Contractors; c) I hereby propose my services and I confirm my interest in performing the assignment through the submission of my Personal History Form (P11) which I have duly signed and attached hereto as Annex 1; d) In compliance with the requirements of the Terms of Reference, I hereby confirm that I am available for the entire duration of the assignment, and I shall perform the services in the manner described in my proposed approach/methodology which I have attached hereto as Annex 3 [delete this item if the TOR does not require submission of this document]; e) I hereby propose to complete the services based on the following payment rate : [pls. check the box corresponding to the preferred option]:  An all-inclusive daily fee of [state amount in words and in numbers indicating currency]  A total lump sum of [state amount in words and in numbers, indicating exact currency], payable in the manner described in the Terms of Reference. f) For your evaluation, the breakdown of the abovementioned all-inclusive amount is attached hereto as Annex 2; g) I recognize that the payment of the abovementioned amounts due to me shall be based on my delivery of outputs within the timeframe specified in the TOR, which shall be subject to UNDP's review, acceptance and payment certification procedures; h) This offer shall remain valid for a total period of ______days [minimum of 90 days] after the submission deadline; i) I confirm that I have no first degree relative (mother, father, son, daughter, spouse/partner, brother or sister) currently employed with any UN agency or office [disclose the name of the relative, the UN office employing the relative, and the relationship if, any such relationship exists];

9 j) If I am selected for this assignment, I shall [pls. check the appropriate box]:

 Sign an Individual Contract with UNDP;  Request my employer [state name of company/organization/institution] to sign with UNDP a Reimbursable Loan Agreement (RLA), for and on my behalf. The contact person and details of my employer for this purpose are as follows:

k) I hereby confirm that [check all that applies]:

 At the time of this submission, I have no active Individual Contract or any form of engagement with any Business Unit of UNDP;  I am currently engaged with UNDP and/or other entities for the following work :

UNDP Business Assignment Contract Type Unit / Name of Contract Contract Institution/Company Duration Amount

 I am also anticipating conclusion of the following work from UNDP and/or other entities for which I have submitted a proposal :

Name of Assignment Contract Type Institution/ Contract Contract Company Duration Amount

l) I fully understand and recognize that UNDP is not bound to accept this proposal, and I also understand and accept that I shall bear all costs associated with its preparation and submission and that UNDP will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the selection process. m) If you are a former staff member of the United Nations recently separated, pls. add this section to your letter: I hereby confirm that I have complied with the minimum break in service required before I can be eligible for an Individual Contract. n) I also fully understand that, if I am engaged as an Individual Contractor, I have no expectations nor entitlements whatsoever to be re-instated or re-employed as a staff member.

Full Name and Signature: Date Signed:

Annexes [pls. check all that applies]:  Duly signed P11 Form

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BREAKDOWN OF COSTS SUPPORTING THE ALL-INCLUSIVE FINANCIAL PROPOSAL

A. Breakdown of Cost by Components: (Please use only the applicable cost headings)

Cost Components Unit Cost Quantity Total Rate for the Contract Duration

I. Personnel Costs Professional Fees 87 days Life Insurance Medical Insurance Communications Land Transportation Others (pls. specify)

II. Travel Expenses to Join duty station 1 Trip Round Trip Airfares to and from duty station Living Allowance 4 months Travel Insurance Terminal Expenses Others (pls. specify)

III. Duty Travel

Round Trip Airfares Living Allowance Travel Insurance Terminal Expenses Others (pls. specify)

IV. Field visits outside duty station Applicable travel cost will be borne by UNDP for field missions, outside duty station, if any.

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