National Legal Consultant – To develop Market Ordinances for M4C Programme, UNW Vanuatu



Publicado en nombre de :

Localidad : Port Vila, Vanuatu
Fecha límite de postulación :07-May-21 (Medianoche Nueva York, Estados Unidos)
Tipo de contrato :Individual Contract
Nivel de puesto :National Consultant
Idiomas requeridos :
Inglés  
Fecha de comienzo del contrato :
(Fecha en que se espera que comience el candidato seleccionado)
14-May-2021
Duración del contrato inicial :Up to 50 working days within 3 months’ period.

El PNUD está comprometido con lograr la diversidad de su personal en términos de género, nacionalidad y cultura. Se alienta por igual a las personas que pertenecen a grupos minoritarios, a pueblos indígenas o que tienen alguna discapacidad a presentar su candidatura. Todas las solicitudes se tratarán con la mayor confidencialidad.

UNDP no tolera la explotación y el abuso sexual, ningún tipo de acoso, incluido el acoso sexual, ni la discriminación. Por lo tanto, todos los candidatos seleccionados serán sometidos a una rigurosa verificación de referencias y antecedentes.


Antecedentes

Background

The United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), grounded in the vision of equality enshrined in the Charter of the United Nations, works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security. UN Women provides support to Member States’ efforts and priorities in meeting their gender equality goals and for building effective partnerships with civil society and other relevant actors.

The UN Women Fiji Multi-Country Office (MCO) covering the Pacific sub-region has four main thematic areas:

  • Women’s Political Empowerment and Leadership (WPEL);
  • Women’s Economic Empowerment (WEE);
  • Ending Violence against Women and Girls (EVAWG); and
  • Gender and Protection in Humanitarian Action (GPiHA) and Disaster Reduction.

The Markets for Change (M4C) Project

The M4C project is a key component of UN Women’s Fiji MCO programming for WEE in the Pacific, which aims to ensure that Pacific women advance economically and that this results in improvements in women’s well-being and economic growth nationally and across the region. One of UN Women’s global mandate is to implement innovative programs targeting women’s empowerment and gender equality.

Given that between 60-80% of market vendors are women, with many more women reliant on market produce, the project’s goal is to ensure that marketplaces in rural and urban areas are safe, inclusive, and non-discriminatory, promoting the gender, social and economic empowerment of market vendors, with specific attention to the needs and aspirations of women market vendors.

The M4C project brings together governments, market vendors and market vendor associations, civil society organisations and UN agencies to promote gender equality through the economic empowerment of women market vendors in Fiji, Samoa, Solomon Islands and Vanuatu. M4C is implemented by UN Women in partnership with UNDP and the Governments of Australia, Canada and New Zealand.

The project is based on a Theory of Change (ToC), which states that market vendors can be empowered within the market environment through a combination of implementation strategies. The M4C project incorporates: the creation and strengthening of representative marketplace groups, which in turn strengthen women market vendors’ roles and influence; interventions focusing on financial literacy, access to financial services and increased participation in value chains; strengthening the accountability and capacity of market management, municipal and provincial governments to enable them to employ gender-responsive policies, procedures and decision-making processes that are receptive to the needs of market vendors, as well as to the design and construction of gender-responsive infrastructure and on-site services.

M4C has four main outcome areas which are:

  • Outcome One: Inclusive, effective, and representative marketplace groups are created and grow, contributing to gender, social and economic advancement, the elimination of gender-based discrimination and violence, and expanded economic opportunities for women.
  • Outcome Two: Improved socio-economic security of women market vendors
  • Outcome Three: Local Government and market management are gender responsive, effective, and accountable to women market vendor needs.
  • Outcome Four: Physical infrastructure and operating systems are improved to make markets more sustainable, resilient to disaster and climate change, safer and more accessible.

In Vanuatu, the M4C project works in six markets namely Port Vila, Luganville, Marobe, and three Shefa ring-road markets. Under Outcome 3, the project works with municipal councils, local governments, and market managements to strengthen their capacity and commitment to draft, adopt, and implement gender responsive market bylaws, policies, plans, and budgets for the provision of safe and secure market infrastructure, adequate amenities and services, and transparent revenue generation and expenditures.

The proposed short-term consultancy specifically supports M4C’s Outcome 3 to develop five market ordinances for Luganville, Marobe, Melemaat, Beverly Hills and Emua markets in Vanuatu. The Consultant will be required to: conduct desk review on existing market ordinances and other good practices from fresh produce markets in the Pacific; conduct stakeholder consultations and validation workshops for each markets; and facilitate the legislative process of drafting and gazettal of the market ordinances. The consultancy does not include the Port Vila market bylaw as there is one developed for the market by the Port Vila City Council and is at its final stages of approval.


Deberes y responsabilidades

Objectives of the assignment

The key objective of the assignment is to consult and develop five (5) market ordinances. The proposed documents should:

  1. Take into account how the Market Vendors Associations (MVAs) could be institutionalized in the market ordinances, to ensure sustainability of the governance system.
  2. Include broader updates to reflect good practice in market management, and the views of the relevant government agencies, market management, MVAs and vendors.
  3. Ensure market ordinances promote women’s economic empowerment visions and gender equality sensitive to cover a wide spectrum of needs of market vendors, especially women.
  4. Ensure the respective market ordinances are needs based and capture anticipated future needs.

Scope of Work/Duties and Responsibilities

Under the overall guidance of the M4C Project Manager and in close consultation with the respective market authorities and government agencies, the consultant will perform the following tasks:

  • Conduct a desk review on existing market ordinances in Vanuatu and other good practices from produce markets in the Pacific. Examine and summarise similarities and difference and produce a report based on the findings.
  • Conduct five separate consultations with stakeholders in Luganville, Marobe, Melemaat, Beverly Hills and Emua markets towards the development of the ordinances.
  • Draft updates and/or amendments to the existing and/or develop draft market ordinances in line with the Municipalities Act of Vanuatu, consultation from stakeholders, best practices around the region and direction from the relevant government agencies.
  • Conduct five separate validation workshops for all five market ordinances in Luganville, Marobe, Melemaat, Beverly Hills and Emua, respectively.
  • Produce final market ordinances based on the validation workshops and facilitate submission to Attorney General Chambers in consultation with respective market authority legal persons.

For each project site, the consultant will require a proposed schedule, adapted to national and local circumstances.

Duration of the assignment

The duration of this assignment will be up to an estimated 40 working days within a 3-months’ period, effectively from May (or as soon as possible) till August 2021.

The assignment envisages ten missions to Luganville (two missions), Marobe (two missions), Melemaat (two missions), Beverly Hills (two missions), and Emua (two mission). The indicative schedule of missions is end of April- early May 2021 and early June to mid-July 2021 (subject to confirmation).

Expected Deliverables

The Consultant is expected to deliver the following results:

No.

Deliverables

Approximate no. of days

Deadlines

  1.  

Through consultation with the M4C Vanuatu team, develop a programme and workplan with timelines for Municipal Council and Local Governments, MVA executives, market vendor, and other relevant authorities.

Up to 1 day

May

  1.  

Desk review of the existing market documentations and good practice for produce market in Vanuatu and the Pacific. Examine and summarize similarities and differences template and produce report based on findings (up to 10 pages).

Up to 4 days

May

 

1st Tranche payment 20% - Desk Review Report

 

May

  1.   

Stakeholder consultation for Marobe market: Shefa Provincial Government Council, Market Management, Market Vendors, Department of Women’s Affairs

Up to 4 days

May

  1.  

Stakeholder consultation for Luganville market: Luganville Municipal Council, Sanma Provincial Government Council, Northern Islands Market Vendors Association, Market Vendors, Department of Women’s Affairs

Up to 4 days

May

  1.  

Stakeholder consultation for Melemaat market: Shefa Provincial Government Council, Council of Chiefs and Area Administration, Market Management/Market Vendors Association, Market Vendors.

Up to 4 days

May

  1.  

Stakeholder consultation for Beverly Hills market: Shefa Provincial Government Council, Beverly Hills Development Committee, Market Management, Market Vendors.

Up to 4 days

May

  1.  

Stakeholder consultation for Emua market: Shefa Provincial Government Council, Council of Chiefs and Area Administration, Market Management/Market Vendors Association, Market Vendors.

Up to 4 days

May/June

  1.  

Write up on findings/preparations for validations

Up to 5 days

June

 

2nd Tranche payment of 40% deliverable 3 – 8

  • 5 x stakeholder consultations
  • Draft report on findings
  • Preparations for validation

 

June

  1.  

Validation workshop for Marobe market bylaw

Up to 2 days

June

  1.  

Validation workshop for Luganville market bylaw

Up to 3 days

June

  1.  

Validation workshop Melemaat market bylaw

Up to 2 day

June

  1.  

Validation workshop for Beverly Hills market bylaw

Up to 2 day

June

  1.  

Validation workshop for Emua market bylaw

Up to 2 day

June

  1.  

Final write-up of report and submit final copies of bylaws

Up to 9 days

July / August

 

40% Final Payment for deliverable 9 – 13:

  • Validation workshops and final report

 

July / August

(at least 1 week before 13th August)

 

Total

Up to 50 days

 

All the documents, including the interview tools, and transcripts, all scoping materials including images materials and reports should be submitted in written English language. Note that all materials, including video footage and images will remain the property of UN Women and cannot be used without UN Women’s permission.

Inputs

  • UN Women will provide the Consultant with some of the background materials for the desk review.
  • UN Women will cover the costs for the ten missions, including transport, workshops and/or meetings. This includes travel to Luganville and Daily Subsistence Allowance (DSA) as per standard UN rate.
  • The Consultant is expected to work remotely using her/his own computer(s) but may access the UN Women office for printing of relevant documents or should he/she be required to work on-site at any point during the assignment.

Performance evaluation:

The Consultant’s performance will be evaluated based on: timeliness, responsibility, initiative, communication, accuracy, and quality of the products delivered.

Financial arrangements:

Payments will be made in 3 (three) instalments and will be authorized upon submission and approval of deliverables and certification by the Project Manager that the services have been satisfactorily performed. Payment is paid in the following:

  1. 20% payment upon completion of the Desk Review Report
  2. 40% upon completion of deliverables 3 - 8
  3. Final 40% upon completion of deliverables 9 - 14

Travel

  • UN Women will not cover transportation cost within or to Port Vila.
  • No DSA or relocation costs will be provided for the position.
  • Applicants are expected to reside in Port Vila, or to be able to meet their own relocation costs if they are based in Vanuatu outside of Port Vila.
  • Travel costs outside Port Vila will be covered separately by UN Women with prior approval.
  • During the consultancy assignment’s related missions, UN Women will cover travel cost for the Consultant for the agreed upon route and in conformity with UN Women applicable rules and regulations.


Competencias

Core Values

  • Respect for Diversity;
  • Integrity;
  • Professionalism.

Core Competencies

  • Awareness and Sensitivity Regarding Gender Issues;
  • Accountability;
  • Creative Problem Solving;
  • Effective Communication;
  • Inclusive Collaboration;
  • Stakeholder Engagement;
  • Leading by Example.

Functional Competencies

  • Ability to think conceptually, strategically and analytically;
  • Demonstrates strong oral and written communication skills;
  • Consistently approaches work with energy and a positive, constructive attitude;
  • Results oriented, flexible and problem-solving skills.


Habilidades y experiencia requeridas

Required experience and qualifications

The individuals need to submit their CV’s and all certified certificates.

Education / Academic Qualification

  • Master’s degree or equivalent in Law, Gender Studies, Social Science or other related field is required.
  • A first-level university degree with 2 additional years of progressively responsible experience at the national and/or international level in the legal environment, gender work, project / programme formulation, implementation, coordination, monitoring and evaluation, donor reporting and capacity building may be accepted in lieu of Master’s degree.

Experience and Skills

  • At least 5 years (with Master’s degree) or 7 years (with first-level university degree) of progressively responsible experience in general legal practise and drafting legal documents.
  • Proven expertise in gender equality and women’s economic empowerment.
  • Experience in facilitating workshops and conducting research / consultation.
  • Knowledgeable of issues around local governance / local government systems / Provincial Government Act and markets.
  • Comprehensive knowledge of the local governance system and understanding of issues associated with fresh markets in Vanuatu.
  • Experience in Vanuatu agriculture sector and context is desirable.
  • Understanding of Vanuatu disaster context and challenges is desirable.
  • Team player and strong local networks in Vanuatu.
  • Excellent presentation and facilitation skills, including organizing meetings and conduct assessment / reviews; with strong interpersonal and communication skills, including ability to plan, organize implement and reporting under tight deadlines.

Language and other skills

  • Excellent written and spoken English and Bislama.  Basic understanding of French would be an advantage.
  • Proficiency in the use of office IT applications and internet in conducting research.

Evaluation

Initially, individual consultants will be short-listed based on the following minimum qualification criteria:

  • Master’s degree or equivalent in Law, Gender Studies, Social Science or other related field is required.
  • A first-level university degree with 2 additional years of progressively responsible experience at the national and/or international level in the legal environment, gender work, project / programme formulation, implementation, coordination, monitoring and evaluation, donor reporting and capacity building may be accepted in lieu of Master’s degree.
  • At least 5 years (with Master’s degree) or 7 years (with first-level university degree) of progressively responsible experience in general legal practise and drafting legal documents.

The short-listed individual consultant(s) will then be further evaluated based on a cumulative analysis scheme, with a total score being obtained upon the combination of weighted technical and financial attributes.

Cost under this method of analysis is rendered as an award criterion, which will be 30% out of a total score of 500 points.

Evaluation of submitted offers will be done based on the following formula:

Where:

T

is the total technical score awarded to the evaluated proposal (only to those proposals that pass 70% of maximum 350 points under technical evaluation);

C

is the price of the evaluated proposal;

Clow

is the lowest of all evaluated proposal prices among responsive proposals; and

X

is the maximum financial points obtainable (30 points)

Technical evaluation will be represented through desk review of applications. Interviews and/or written tests may be considered and/or be organized if needed only, depending on the short-listed candidates’ qualifications.

Technical Qualification Evaluation Criteria: The technical part is evaluated on the basis of its responsiveness to the Terms of Reference (TOR).

No.

Criteria

 

Maximum points

 
  • Master’s degree or equivalent in Law, Gender Studies, Social Science or other related field is required
  • A first-level university degree with 2 additional years of progressively responsible experience at the national and/or international level in the legal environment, gender work, project / programme formulation, implementation, coordination, monitoring and evaluation, donor reporting and capacity building may be accepted in lieu of Master’s degree.

First-level university degree – 5 pts,

Masters or equivalent of 10 pts

10

  1.  

At least 5 years (with Master’s degree) or 7 years (with first-level university degree) of progressively responsible experience in general legal practise and drafting legal documents.

5 years (Master’s Degree) or 7 years (first-level university degree) – 8 pts, each year over 5 (or 7) years – 1 pts up to a max 10 pts

10

  1.  

Proven expertise in gender equality and women’s economic empowerment.

 

5

  1.  

Experience in facilitating workshops and conducting research / consultation.

 

5

  1.  

Knowledgeable of issues around municipal & local governance / municipal & local government systems / Municipal & Provincial Government Act and markets.

 

5

  1.  

Comprehensive knowledge of the local governance system and understanding of issues associated with fresh markets in Vanuatu.

 

5

  1.  

Experience in Vanuatu agriculture sector and context is desirable.

 

5

  1.  

Understanding of Vanuatu disaster context and challenges is desirable.

 

 

  1.  

Team player and strong local networks in Vanuatu.

 

5

  1.  

Excellent presentation and facilitation skills, including organizing meetings and conduct assessment / reviews; with strong interpersonal and communication skills, including ability to plan, organize implement and reporting under tight deadlines.

 

7

  1.  

Excellent written and spoken English and Bislama.

 

5

  1.  

Proficiency in the use of office IT applications and internet in conducting research.

 

3

 

Maximum Total Technical Scoring

 

70

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Financial Qualification Evaluation Criteria: In the Second Stage, the financial proposal of candidates, who have attained minimum 70% score in the technical evaluation (at least 245 points), will be compared.

WINNING CANDIDATE

The winning candidate will be the candidate, who has accumulated the highest aggregated score (technical scoring + financial scoring).

  1. Submission of Application:

Interested candidates are requested to submit fully completed application on the UNDP Vacancy Site

Submission Package:

  1. Cover letter explaining the suitability of the consultant: applicants are encouraged to address experience and qualifications listed in the ‘criteria for technical evaluation’.
  2. Duly filled Personal History Form (P11) and/or Curriculum Vitae (CV) of Consultant including records of experience in similar assignments and specific outputs obtained; P11 can be downloaded at: https://www.unwomen.org/en/about-us/employment
  3. Financial proposal – specifying a total lump sum amount for the tasks specified in this Terms of Reference.  The financial proposal shall include a breakdown of this lump sum amount (daily rate and number of anticipate working days and any other possible costs).
  4. Please read, use and complete ANNEX I and ANNEX II below to provide your financial proposal.

Applications without a complete financial proposal will be treated as incomplete and will not be considered for further assessment.  UN Women reserves the right to accept or reject any bid.

The consultancy recruitment process will be governed by the rules and regulations of the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women).

Deadline of all submission: 7 May 2021

Annex I

Price Proposal Guideline and Template

The prospective Individual Contractor should take the following explanations into account during submission of his/her price proposal.

  1. Lump Sum Amount

The price proposal should indicate a "lump sum amount" which is "all-inclusive"; All costs (professional fees, living allowances, communications, consumables, etc.) that could possibly be incurred by the Individual Contractor needs to be factored into the proposed price.

UN Women will not withhold any amount of the payments for tax and/or social security related payments. UN Women shall have no liability for taxes, duties or other similar charges payable by the Individual Contractor in respect of any amounts paid to the Individual Contractor under this Contract, and the Contractor acknowledges that UN Women will not issue any statements of earnings to the Individual contractor in respect of any such payments.

Contract price is fixed to activities/deliverables indicated in the ToR, regardless of the changes in the cost components (such as days invested for completion of the deliverables).

  1. Travel costs

UN Women will not cover transportation cost within Municipality area of Port Vila and duty station (Port Vila) of consultant. Transportation costs between duty station and Luganville, Marobe, Melemaat, Beverly Hills and Emua will be covered by UN Women. 

Any official travel costs outside of home-based location will be covered separately by UN Women with prior approval based on agreed upon routing and in conformity with UN Women applicable travel rules and regulations.

  1. Daily Subsistence Allowance

Not applicable.

*** Will only be paid for approved travel-related mission/s outside of Efate Island, as per this TOR.

  1. Currency of the price proposal

The applicants are requested to submit their price proposals in VATU.

In case of proposals in other currency, these shall be converted into VATU using the official UN exchange rate for currency conversion to VATU at the date of applications’ submission deadline.

Annex II

Price Proposal Submission Form

[ Mandatory document for the Consultant to complete and submit]

To:         United Nations Entity for Gender Equality and the Empowerment of Women

Ref:        National Legal Consultant – To develop Market Ordinances for M4C Programme, UN Women Vanuatu

Dear Sir / Madam,

I, the undersigned, offer to provide professional consulting services to UN Women within the scope of the referred Assignment.  Having examined, understood, and agreed to the Terms of Reference and its annexes, the receipt of which are hereby duly acknowledged, I, the undersigned, offer to deliver professional services, in conformity with the Terms of Reference.

My maximum total price proposal for the assignment is given below:

Estimated Costs (in VATU)

 

Unit of Measure (e.g. Day, Month, etc)

Unit Price

(VATU)

No. of Units

Total Price

(VATU)

Consultancy Fee

Daily Fee

 

 

VT

Other Related Costs (please specify)

 

 

 

VT

Total VATU

 

 

 

VT

*** Please be informed that for shorter assignments than a full day, the daily rate will be pro-rated into hourly rate.

I confirm that my financial proposal will remain unchanged.  I also confirm that the price that I quote is gross, and is inclusive of all legal expenses, including but not limited to social security, income tax, pension, etc., which shall be required applicable laws. I agree that my proposal shall remain binding upon me for the duration of the contract timeline i.e. ________________ days / weeks / months / year.

I understand that you are not bound to accept any proposal you may receive.

[ Signature]

Date:

Name:

Address:

Telephone / Fax:

Email:



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