Background

Terms of Reference

International Consultant: Nagoya Protocol and ABS Expert

1. Project Title

“Implementing the National Framework on Access and Benefit Sharing of Genetic Resources and Associated Traditional Knowledge in the Philippines”

1. Project Description 

In August 2021, the full-blown project entitled “Implementing the National Framework on Access and Benefit Sharing of Genetic Resources and Associated Traditional Knowledge in the Philippines” with a Project budget of USD4,384,000.00 has been approved by Global Environment Facility (GEF) CEO.  The project aims for the Nagoya Protocol to be 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 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.

The project components will contribute to the achieving the overall project objective and address the key barriers as follows:

Component 1:  Strengthening the national framework for implementing ABS in accordance with the Nagoya Protocol: This component aims to update the current national ABS framework in accordance with the Nagoya Protocol and harmonize current policies on bioprospecting and scientific research on genetic resources, and traditional knowledge (TK) and indigenous knowledge systems and practices (IKSP) associated with genetic resources (GRs).  The project will enhance multi-sectoral and inter-agency collaboration with regard to on-going research up until its potential for commercialization. The institutional mechanism should be able to cross-check or inform other agencies of any research undertakings and link these with the private sector for possible uptake.

Component 2: Awareness raising and capacity building for implementation of the national ABS framework: A nation-wide communication, education and public awareness campaign on ABS and its related policies and procedures will be undertaken under this component. The capacity building will include: strengthening the research sector by developing an integrated and comprehensive ABS road map on genetic R&D; strengthening national systems on intellectual property rights by the researchers and indigenous peoples and local communities (IPLC); improving the capacities of national government and IPLC to engage with private sector with regard to ABS; strengthening capacities in the assessment of research proposals including the monitoring and tracking of bioprospecting and related activities involving utilization of Philippine genetic resources and TKs; strengthening capacities of IPLCs in the use of mechanisms and provisions of the Indigenous Peoples Rights Act, Cultural Heritage Act, etc. to ensure their participation and recognition of their GRs associated TK; strengthening capacities of IPLC to manage their GRs associated TK as well the benefits that come with it; establishment of a model research and development facility.

Component 3: Demonstrating benefit-sharing agreements: Under this component, a key outcome is to facilitate the negotiation of at least one ABS agreement. The project will support the design and review of ABS agreements so that they are in line with the national ABS framework and the provisions of the Nagoya Protocol.  This component will also support community protocols of securing PIC/FPIC and MAT and ensuring the fair and equitable sharing of both monetary and non-monetary benefits for the use of the genetic material, products, and knowledge. Further under this component, conservation strategies of specific resources covered by the ABS agreement will be planned.  To this end the project will develop at least 2 bio-products from local genetic resources of Pili tree (Canarium ovatum and Canarium luzonicum) and Banaba (Lagerstroemia speciosa).

This Project is implemented by the Department of Environment and Natural Resource (DENR) – Biodiversity Management Bureau (BMB).

Duties and Responsibilities

1. Scope of Work

Under the direct supervision of the Climate Action Programme Team (CAPT) Team Leader, through the CAPT Programme Analyst, and the National Project Director, the consultant will be mainly supporting outputs of Component 1 which will serve as inputs to the other components. The Consultant will work closely with the Policy Specialist.

Specific duties and responsibilities of the Nagoya Protocol and ABS Expert include:

• Provide strategic guidance and advice on the: (i) revision and harmonization of rules and regulations to facilitate research and promote ABS agreements taking into account gender and environmental and social safeguards; (ii) development of clear procedure, protocols and guidelines for bioprospecting research and development; (iii) establishment of a functional mechanism, including administrative system, institutional arrangements, monitoring and financing mechanism to facilitate implementation and compliance of the national ABS framework; and (iv) development of a national roadmap on ABS;
• Conduct analysis of all outputs developed in Component 1 and provide substantial and practical recommendations to achieve project results;
• Document best practices and lessons learned relevant to Component 1 and to the scope of work;

• Participate in key stakeholder consultations relevant to Component 1; and
• Present technical inputs and recommendations to the DENR-BMB and key Technical Working Group (TWG) meetings.

1. Expected Outputs and Deliverables

1. Governance and Accountability

1. The Consultant shall be directly supervised by the CAPT Team Leader and National Project Director of the Implementing Partner with whom all outputs shall be submitted and through whom all communications shall be coursed or copied.
2. The Consultant may also be required to coordinate with and seek guidance from the Programme Analyst of CAPT and the Project Manager.
3. The Consultant is expected to provide his/her own laptop for the work requirement. S/he will be provided with desk space and access to office facilities and equipment. S/he will also be supported by UNDP staff and DENR-BMB staff for administrative and logistic requirements, as necessary.
4. The Consultant shall consider at least 7 days working days lead time for UNDP to review outputs, give comments, certify approval/acceptance of outputs, etc. 

1. Duration of Work and Duty Station

Duty station is home-based with possible missions to the proposed project sites in Region 3 and Region 5 - Philippines as required. If travel to Project sites is required, air travel to the Philippines and all related local travel expenses will be reimbursed to the consultant as per UNDP rules and regulations upon submission of an F-10 claim form and supporting documents. Arrangements will be agreed on by UNDP and the consultant prior to travel.

The expected duration of the assignment is 80 person-days between July 01, 2022 to June 30, 2023 unless revised in a mutually agreed upon timetable between the Consultant and UNDP. The engagement has a possibility of extension up to 140 person-days until year 2025.

In light of the COVID-19 pandemic and declaration of State of Public Health Emergency in the Philippines, all work and travel of the Individual consultant shall be done within the guidelines and protocols set by the local and national government. Field work, training, meetings, and coordination shall be done in compliance with community quarantine policies.

Competencies

Required Skills and Experience

1. Criteria for Selection of the Best Offer and Qualifications of Successful Candidate

The Offers received will be evaluated using a combined scoring method - where technical proposal will be weighted 70 points and combined with the price offer which will be weighted 30 points. 

The CV will be reviewed using the criteria in the table below. Only offerors who will obtain a minimum of 70% or 49 out of 70 obtainable points will be shortlisted and considered for evaluation of financial proposal.

1. Scope of Price Proposal and Schedule of Payments

1. The Contractor should send the financial proposal based on a lump-sum amount for the delivery of the outputs identified below. The total amount quoted shall be “all inclusive” (professional daily fees X number of days, communications, insurance, at least one round-trip travel to the Philippines etc.) that could possibly be incurred by the Contractor should be factored into the final amount submitted in the proposal. Travel, including accommodation, as deemed relevant by UNDP and compliant with government guidelines on community quarantine, will be arranged and paid for by UNDP and should not be included in the financial proposal.
2. Medical/health insurance must be purchased by the individual at his/her own expense, and upon award of contract, the Contractor must be ready to submit proof of insurance valid during contract duration.
3. The contract price will be fixed output-based price. Any deviations from the output and timeline will be agreed upon between the Contractor and UNDP.

Payments will be done upon satisfactory completion of the delivery by the target due dates. Outputs will be certified by the CAPT Team Leader/Programme Manager prior to the release of payments.

1. Recommended Presentation of Offer

1. Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP;
2. UNDP Personal History Form (P11) or Curriculum Vitae (following the template attached) indicating all past experiences from similar projects or requirements, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references;
3. Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per the template provided, and clearly states the payment percentage as indicated in this TOR. 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 the 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.  

Offerors must upload in one (1) file the documents mentioned above.

Templates for a) P11 Personal History Form and b)  Offeror's Letter to UNDP Confirming Interest and Availability and Financial Proposal (Annex 2) are available through the link below. UNDP General Terms and Conditions for Individual Contractors  are also available:

http://gofile.me/292aN/FJEcICt8l

Incomplete submission of required documents may result in disqualification.

Please see the deadline of submissions above.

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