Background

Malaysia is one of 17 mega-diverse countries in the world, with a wealth of biological diversity in its terrestrial and marine zones. The flora and fauna of Malaysia is exceedingly rich and is conservatively estimated to contain about 12,500 species of flowering plants, approximately 307 species of mammals, more than 742 species of birds, and 547 species of reptiles, including a large number of endemics. In order to safeguard the globally significant biodiversity, Malaysia has established networks of protected areas (PAs).  In Peninsular Malaysia alone, there are at least four PA networks covering a total area of 2.98 million hectares managed by different agencies including the Department of Wildlife and National Parks (DWNP), Johor National Parks Corporation (JNPC), Perak State Parks Corporation (PSPC) and state forestry departments. PAs under different networks are governed by different laws with varying degree of protection status, and gazetting and de-gazetting procedures.

What is common between the different PA networks is that these PAs are largely characterised as sub-optimally managed and severely underfinanced. There are four main reasons for this: (i) non-existent of uniform system of national PAs under a common umbrella for achievement of biodiversity conservation goals; (ii) insufficient understanding of the economic value of PAs abd essential contribution they make to national develoepmnt; (iii) insufficient incentives on the part of the state government to invest in PA management due to the perception that they are foregoing revenue generation opportunities through other forms of land use; and (iv) sub-optimal capacity at the PA management agencies for site management and PA system management.

The GEF in 2012 has approved a project titled “Enhancing Effectiveness and Financial Sustainability of Protected Areas in Malaysia” , which is implemented by the Department of Wildlife and National Parks (DWNP) and supported by United Nations Development Programme. One of the major outputs developed by the Project in support of strengthening the management of PA authorities, were Management and Business Plans for the three focal sites: Taman Negara; Royal Belum and Endau Rompin.

The Plans were adopted by the respective agencies; and efforts are being taken to put in place the necessary steps to implement strategies and action plans stipulated in the Management Plan. Specifically, Perak State Parks Corporation (PSPC) has requested for assistance in developing SOP for carrying out effective enforcement in safeguarding the PAs under its care. Developing SOP for enforcement forms parts of Strategy 1: Strengthening Governance; and Strategy 3: Safe Guarding Biodiversity as stipulated in the Royal Belum Management Plan and to serve PSPC wide needs to strengthen its overall enforcement efforts.

Under the current PSPC Enactment, the rangers have the authority to conduct enforcement including arresting and prosecuting. However, there is no standard operating procedures (SOP) in place for enforcement in RBSP. Administrative SOPs are needed to provide clear guidelines for the staff to enforce the existing provisions of the Enactment. This does not require any amendments to the legislation nor passing new rules or regulations.

Duties and Responsibilities

In this regard, the purpose of this assignment is to engage an Expert to develop SOP to facilitate work procedures for PSPC carrying out enforcement in accordance with its Enactment. Tasks related developing SOP divided into two components:

1. Developing SOP for work procedures related to Section 29 and Section 30 of PSPC Enactment; and
2. Provide training to PSPC staffs familiarizing them with application of SOP on the ground.

Standard Operating Procedures:

• Developing SOP related to: Arresting; Seizure; Confiscation and safe keeping of case items; investigation; Handling arrested people including dealing with Orang Asli; Disposal of case Items.
• Ensure the SOP are defined and elaborated clearly, guiding PSPC to undertake enforcement tasks effectively in accordance with relevant legal provisions in the PSPC Enactment.
• Conduct stakeholders’ consultation sessions including the relevant enforcement parties, produce a report incorporating concerns; views; comments and inputs that could facilitate the adoption of SOP.

Training:

• Develop training programme contents in consultation with PSPC.
• Conduct comprehensive training for PSPC staffs educating and familiarizing them with application of SOP.

Methodology:

The Expert will be expected to make reference to available relevant materials and reports (PSPC Enactment; DWNP Enforcement Manual), data collected and employ a number of investigative, analytical and consultative methods and tools to complete his/her tasks; and based on the needs:

• Collect additional data from public domains and official documents including policies and plans, annual financial reports, etc.
• Desktop research;
• Interviews with key stakeholders (ministries/departments/agencies, owner and beneficiaries of initiatives/programmes);
• Stakeholder consultations through focus group or ad-hoc meetings.

Handling of Data, Information and Documents:

All data, information and documents obtained under this assignment is the property of the Government of Malaysia and be treated as strictly confidential.

No such information shall be used by the expert for any other purpose other than the preparation of National Framework for PAs document.

Duration:

The assignment will require 40 days starting from 1 August till 31st December 2019.

Travel:

• Domestic travel will be required and to make own arrangement to Ipoh, Gerik and Royal Belum, Cheras during the assignment;
• The Basic Security in the Field II and Advanced Security in the Field courses must be successfully completed prior to commencement of travel;
• Individual Consultants are responsible for ensuring they have vaccinations/inoculations when travelling to certain countries, as designated by the UN Medical Director.
• Consultants are required to comply with the UN security directives set forth under https://dss.un.org/dssweb/.

Deliverables And timeline:

Please indicate working days and alternative timeline needed to complete each key deliverable (a total of  key deliverables).

Methods of Payment:

The contract and payments will be performance-based and regularly assessed by the UNDP Malaysia Country Office.

• 20% upon submission and acceptance of work plan;
• 20% upon submission and acceptance of first draft of SOP;
• 40% upon submission and acceptance of final draft of SOP; Training Programme Contents and Stakeholders Consultations’ Report;
• 20% completion of Training; submission of Training Report and Final SOP.

Competencies

Corporate Competencies:

• Demonstrates high moral integrity by modelling the UN’s values and ethical standards;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
• Treats all people fairly without favouritism;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.

Functional competencies:

• Excellent organizational skills.
• Strong analytical, writing and communication skills.
• Excellent financial and budgetary skills.
• Ability to prepare publications, reports and presentations.
• Ability to manage and work with a multidisciplinary and multicultural team.
• Strong motivation and ability to work and deliver under short deadlines.
• Focuses on impact and result for the client and responds positively to critical feedback.
• Able to work independently with little or no supervision.
• Familiarity with government strongly desired.

Required Skills and Experience

• Post-graduate degree or Bachelor with more than 10 years’ experience; in natural resource and biodiversity management; law and/or protected areas and wildlife conservation.

Skills and Experience Required:

This assignment is open to Malaysian nationals only.

The Expert should ideally have the following expertise and experience:

• Minimum 10 years of working experience in conservation and management of protected areas and biodiversity; specifically, on areas related enforcement; application of procedures and SOP; practical experience of case management;
• A good understanding of administrative and jurisdictional issues between the Federal and State Governments relating to management and conservation of  protected areas;

Language:

• Excellent command of English and Malay.

Documents to be included when submitting proposals:

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

1. Completed Letter of Confirmation of Interest and Availability (Annex 1) provided by UNDP;
2. Technical Proposal on how your qualifications and experience can lead towards the successful deliverable of this assignment within the required timeframe, and provide a brief methodology on how you will approach and conduct the assignment;
3. Financial Proposal should specify a total lump sum amount including a breakdown of working days, travel and relevant costs using the financial proposal template in Annex II;
4. Personal CV including areas of expertise and past experience in similar projects and at least three (3) references in the format of UN Personal History Form (P11 form).

How to Apply:

• Kindly download the Letter of Confirmation of interest and availability, Financial Proposal Template and General Terms & Conditions mentioned below;
• Read and agree to the General Terms & Conditions;
• Click the ‘apply’ icon and complete what is required;
• Scan all documents into 1 pdf folder and then upload;
• For clarification question, please email to procurement.my@undp.org. The clarification question deadline is three (3) days before the closing. When emailing for clarification questions, please put "MyIC/2019/046" as the subject matter.

Forms and General terms & conditions to be downloaded:

• The UN Personal History Form (P11) is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/P11%20for%20SC%20&%20IC.doc?download
• The Letter of Confirmation of Interest and Financial Proposal Template at: http://www.my.undp.org/content/dam/malaysia/docs/Procurement/Letter%20of%20Interest%20and%20Financial%20Proposal%20Template.docx
• The General Terms & Conditions for Individual contract is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/General%20Conditions%20of%20Contract%20for%20IC.pdf?download
• The General Terms & Conditions for Reimbursement Loan Agreement is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/Reimbursable%20Loan%20Agreement%20_%20Terms%20&%20Conditions.pdf?download 

Criteria for Selection of the best offer:

The award of the contract will be made to the Individual Consultant who has obtained the highest Combined Score and has accepted UNDP’s General Terms and Conditions.  Only those applications which are responsive and compliant will be evaluated. The offers will be evaluated using the “Combined Scoring method” where:

1. The technical proposal including educational background and experience on similar assignments will be weighted a max. of 70%;
2. The financial proposal will weigh as 30% of the total scoring.