Background

In June 2019, the project concept entitled “Implementing the National Framework on Access and Benefit Sharing of Genetic Resources and Associated Traditional Knowledge in the Philippines” with a budget proposal of USD4,384,000.00                was cleared by GEF CEO.  The project aims for the Nagoya Protocol implemented effectively in the Philippines by strengthening the national Access and Benefit Sharing (ABS) framework, building national and local capacities and developing critical experience in ABS agreements. Specifically, the project is envisioned to address the following barriers:

 

Barrier 1: Inadequate and weak enforcement of policies, institutional and regulatory frameworks on ABS implementation. The granting of access is delegated to three government agencies: DENR, DA, and PCSD which implement differently the existing procedures and approval process and there is a weak coordinating mechanism among these agencies including possible streamlining and harmonization of their processes and procedures;

 

Barrier 2: Lack of awareness and weak capacity of key stakeholders on ABS implementation at the national and local level : The academic community, local government units, and industry have limited awareness on the basic rules and rationale of existing ABS policies resulting in poor compliance and indifference. As a result, very few have actually applied for access to genetic resources, negotiated bioprospecting agreements, and developed ABS products.  Similarly,  there is low awareness on  patent information by researchers and scientists which contributed to the low patent applications from local researchers in the country.;

 

Barrier 3: Absence of good practices on ABS implementation from the initial stage of bioprospecting to research and development, product  innovation and commercialization : Since the passage of relevant ABS laws and issuance of policies to facilitate bioprospecting as early as 1995,  there  has not been a single case to cite as best practice in the whole continuum of ABS process from securing FPIC to conducting of R&D up until the commercialization of research products and to the sharing of benefits down to local communities.

 

To detail out the project concept into a full blown project proposal, the GEF has provided a project preparation grant. This PPG aims to prepare and develop the following documents for final submission and approval by the GEF:

 

  • UNDP-GEF Project Document (ProDoc), using the 2017 standard template.
  • Mandatory annexes to the ProDoc, including gender analysis and action plan, and stakeholder engagement plan, among others, and project specific annexes (e.g. landscape profile, institutional and legal analysis, feasibility studies etc).
  • GEF CEO Endorsement Request.
  • Validation Workshop report (as appropriate for projects with a moderate and high SESP risk rating).

The project preparation grant (PPG) has an allocation for the hiring of a National Expert on ABS Policy and Institutional Building to serve as PPG National Lead and will work closely with the International Consultant/Team Leader in designing, planning and executing PPG activities at the national level.  He/she will also lead the analytical work under Project component 1 (Strengthening the national framework for implementing ABS in accordance with the Nagoya Protocol) and contribute to the analytical work under Project Component 2 (Enabling institutional capacity and regulatory framework strengthened to support implementation of the Nagoya Protocol on Access and Benefit Sharing (ABS).

 

Institutional Arrangement

For the duration of the contract, the consultant will be part of the Project Preparation Grant (PPG) Team that shall report to and coordinate with UNDP and key focal agencies such as DENR-BMB. All activities supported by this engagement should be cleared by UNDP.

 

ABS and Enterprise Development Specialist & Gender Specialist) in the conduct of key project preparation activities and to deliver the necessary inputs and data for the drafting and finalization of the required UNDP Project Document including its mandatory annexes and the GEF CEO Endorsement

 

All outputs should be endorsed by the DENR-BMB as the Project’s proponent before UNDP issues the certificate of acceptance for the processing of payments.

 

Duration of Work

The Consultant shall be engaged for 88 days spread over 11 months.

 

Duty Station

Home-based with missions to the proposed project sites as required. The Consultant is not expected to report on a daily basis to UNDP-ISD Philippines office based in Mandaluyong City but shall be available on an on-call basis. 

 

Scope of Price Proposal and Schedule of Payments

The financial proposals from possible candidates should be expressed in lump sum amount inclusive of all financial costs related to this engagement (i.e. professional fees, transportation/travel to and from residence-Manila, reproduction, communications including internet). Travel related costs will be shouldered by the Project based on UNDP Policy:

  • First Tranche - 10% Upon submission and approval of Inception Work Plan and Inception Documentation Report;
  • Second Tranche - 25% Upon submission and approval of the 1st draft of the UNDP-GEF Project Document including:
    • A brief report on the situational review, gap and barrier analysis of the environment and other relevant policies, strategies, laws and regulations for the access, use and benefit-sharing from plant genetic resources and for operationalising ABS within the Nagoya Protocol framework
    • An Institutional Capacity Assessment Report outlining current and existing capacities among national government and local government/regional institutions for operationalising ABD within the Nagoya Protocol framework.

    • Proposed results framework for Outcome 1 and 2 including the required inputs (staff & consultants) and budget with budget notes
    •  Accomplished UNDP Capacity Scorecards
    • Proposed TORs of Consultants needed for Outcome 1 and 2
  • Third Tranche - 25% Upon submission and approval of the 2nd draft of the UNDP-GEF Project Document with the mandatory annexes and 1st draft of the CEO Endorsement Document including:
    • Accomplished UNDP Capacity Scorecards
    • Proposed TORs of Consultants needed for Outcome 1 and 2
  • Fourth Tranche - 40% Upon submission and approval of the final draft of the UNDP-GEF Project Document with the mandatory annexes and the CEO Endorsement Document (addressing the comments from the UNDP Regional Technical Adviser and GEF Secretary)

Duties and Responsibilities

Under the direct supervision of the ISD Programme Manager through the ISD Programme Analyst, the National Expert on ABS Policy and Institutional Building shall:

Under Component 1, the national expert will support the Project Design Specialist to collect information on and conduct the following analysis:

Rapid technical review of the national and regional level policy and legislative frameworks for ABS and Nagoya Protocol implementation:

  • Review existing legal and policy instruments (pertaining to biodiversity conservation and ABS from the use of plan genetic resources) to identify gaps that need to be addressed to promote/incorporate the mainstreaming of sustainable use and plants with medicinal value, and support mechanisms for increased access and benefit sharing from their use;
  • Review of relevant national policy and strategy documents, including the PBSAP, Philippine Genetics Access and Benefit Sharing Bill, National Wildlife Act, Technology Transfer Act, Intellectual Property-related laws, Enhanced National Integrated Protected Areas System Act, IPRA, and other relevant ones as appropriate;
  • Based on the review, contribute to the preparation of detailed recommendations of the policies, laws and strategies that are required/need to be reviewed to facilitate the integration of ABS principles and Nagoya Protocol provisions into the access, control, utilisation and management of plant genetic resources in Philippines;
  • Based on the review, prepare detailed recommendations for strengthening the local and national regulatory environment to empower community institutions/local authorities, as well as other government institutions at local and national levels to prevent biopiracy and enforce rules and regulations against biopiracy.
  • Review proposed indicators and where relevant propose new ones for each outcome and output, and establish baselines and targets to be monitored and tracked during implementation, for inclusion in the Results Framework as appropriate.

 

Under Component 2,  the national consultant is expected to lead together with the Stakeholder Engagement and Safeguards Specialist, the capacity assessment of stakeholders.

Capacity assessments at management and decision-making levels:

  • Identify the capacity building needs (skills, tools and resources) of the relevant government, non-government and community level institutions for implementation of Nagoya Protocol provisions and application of Access and Benefit Sharing regimes at the national level, and to monitor and enforce laws and policies that promote ABS and prevent biopiracy; 
  • Based on assessments and analysis, make preliminary recommendations for training/capacity strengthening programme targeting decision-makers at the national and sub-national levels to develop, implement and enforce laws and policies for ABS and the Nagoya Protocol and prevention of biopiracy.

 

Capacity assessments  at the local or community levels:

  • Identify the capacity of community level institutions to develop/inform the development of guidelines, procedures, standards and codes of conduct to operationalise ABS provisions at local levels;
  • Identify the training and capacity building needs for community-based institutions and natural resource-user groups and associations (e.g. CBOs, Traditional Authorities, traditional healers’ association) to both inform decision-making (i.e. meaningful participation) and integrate information into decision-making at resource-use and landscape levels;
  • Conduct assessments for development of community-based monitoring systems to enable stakeholders to understand, monitor and mitigate changes to the conservation, sustainable use and implementation of fair and equitable benefit-sharing mechanisms for key genetic species; Based on assessments, make preliminary recommendations for a training/capacity strengthening programme targeting extension officers and communities to understand, adopt/integrate, enforce and monitor resource access, use and ABS at genetic resource use levels. 
  • Review proposed Outputs, indicators and targets under Component 1 and where relevant propose new ones for each outcome and output, and establish baselines and targets to be monitored and tracked during implementation, for inclusion in the Results Framework as appropriate.
  • The institutional capacity assessment to be conducted will utilise the UNDP Capacity Scorecards and similar tools to measure capacity levels and establish baselines;
  • Propose mid-term and end-of-project targets.

 

Competencies

  • Demonstrates integrity by modeling the UN’s values and ethical standards;
  • Promotes the vision, mission, and strategic goals of UNDP;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Treats all people fairly without favoritism;
  • Expertise in data collection and analysis
  • Ability to work under pressure and tight deadlines;
  • Strong analytical and research skills; and
  • Excellent organizational, and communication skills;

Required Skills and Experience

Offers will be evaluated based on combined scoring method – where the Technical Proposal will be evaluated based on qualifications in the CV and brief description of previous work. The Technical evaluation is weighted a max. of 70%.

The Financial Proposal that will be evaluated through submission of the Offeror's Letter to UNDP Confirming Insterest and Availability for the IC including Financial Proposal Template and combined with the price offer will be weighted a max of 30%;

For the evaluation of the Technical Proposal, the selection of the successful consultant must be based in the following qualifications (with the appropriate obtainable points):

 

Criteria for Evaluation

Maximum Obtainable Points

Education

•       A degree in political science, sociology, law or jurisprudence

(Minimum of 10 points for Bachelor's degree, additional points for each additional degree, maximum up to 15 points)

 

                      15

Experience

  • Excellent knowledge and minimum 7 years of experience in the field of environmental policy review particularly dealing with biodiversity, intellectual property rights, access and benefit sharing, traditional knowledge;

  Minimum of 15  points for 7 years experience, additional points for additional years of experience, maximum up to 25 points)

                      25

  • Working experience with government agencies, NGOs, and private sector in the Philippines;

                    15

  • Familiarity with national and local policies relevant to bio-prospecting and/or access and benefit sharing, intellectual property rights, etc.;

                   10

  • Familiarity with relevant international laws/treaties such as TRIPs, Nagoya Protocol, UN CBD, and other bilateral trade agreements  

                   25

Language/Skills

  • Fluency in written and spoken English;
  • Strong technical writing skills;
  • Excellent coordination and leadership skill

 

                   10

TOTAL

100

 

Applicants who will only receive 70 points  from the assessment of the CV and Brief description of why the individual considers him/herself as the most suitable for the assignment will be qualified for the assessment of the Financial Proposal.

Recommended Presentation of Offer

Offerors must upload in one (1) file the documents below:

You may download the editable version of the Offeror's Letter to UNDP Confirming Insterest and Availability for the IC by clicking on this link: http://gofile.me/6xdJm/bE9TCw8fU

 

  1. Duly accomplished Offeror's Letter to UNDP Confirming Insterest and Availability for the IC that indicates the all-inclusive lumpsum contract price, supported by a breakdown of costs, as per template provided; If an Offeror is employed by an organization/company/institution, and he/she expects his/her employer to charge a management fee in the process of releasing him/her to UNDP under Reimbursable Loan Agreement (RLA), the Offeror must indicate at this point, and ensure that all such costs are duly incorporated in the financial proposal submitted to UNDP;
  2. Financial Proposal (Annex 2 of Offeror's Letter to UNDP Confirming Insterest and Availability)
  3. 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;
  4. Sample of previous papers or proposals (at least two) where he/she was the principal author;

In view of the volume of applications UNDP receives, only shortlisted offerors will be notified.