Consultant for Supporting the Analyses and Editing of Draft Regulations on the Environment

United Nations Development Programme (UNDP)

Bissau, , GW

Background
 

One of the main difficulties encountered by the environment sector in Guinea-Bissau, often manifesting as protests by the general population, is the ineffectual application of relevant laws stemming from lack of regulations. The Government of Guinea-Bissau is well aware of the need to formulate regulations based on the two important laws in the field and aims to lay down the most needed environmental regulations through UNDP project, “Strengthening the Capacity and Civil and Political Engagement in Natural Resources Management.”

The Government wishes that the environmental regulations restore and enhance the environmental quality of life, ensure socio-economic development, serve the interests of national security and ultimately fulfill human rights. The regulations should encourage inter-sectorial coordination and adopt a participatory approach so as to improve the decision-making process in the benefit of all stakeholders. In order to achieve effective and sustainable regulations, they should respect the following principles:

  • Sustainable development;
  • Environmental responsibility;
  • Correction at the source;
  • Precaution and damage prevention;
  • Polluter pays;
  • Internalization of environmental costs; and
  • Participation and inclusion.

As well-formulated and effective regulations, the following criteria must also be met:

  • Harmonized – minimize negative environmental impacts by making it easier for all stakeholders to understand and to fulfill their obligations;
  • Strategic – forward-looking and visionary;
  • Adaptable and innovative – use an adaptive and innovative management approach;
  • Ethical – encourage ethical and professional behavior;
  • Transparent – ensure access to all relevant information by all stakeholders.

A group of five national consultants (hereafter “the Group of National Consultants) was hired to draft six regulations – one each on an environmental fund, general inspection of the environment, environmental audit, environmental licensing, public participation, and study of environmental and social impacts) based on Laws No. 1/2011 of 2 March and No. 10/2010 of 24 September as well as on the principles mentioned above.

This document specifies the terms of reference for an International Consultant (hereafter “the International Consultant”) who assists the Group of National Consultants in analyzing and editing the above draft regulations. The main role of the International Consultant is to advise the Group of National Consultants in improving:

  • Consistency of the above draft regulations with national laws, international conventions and other agreements and guidelines by which Guinea-Bissau is expected to abide (those of the Community of Portuguese Language Countries – CPLP, Economic Community of West African Countries – ECOWAS, West African Economic and Monetary Union – UEMOA);
  • Compliance with environmental and social safeguards as required by international development partners; and,
  • Ease of understanding and implementation so as to reduce the risk of noncompliance.
 
Duties and Responsibilities
  • Analyze and propose revision of the six draft regulations (environmental fund; general inspection of the environment, environmental audit, environmental licensing, public participation, and study of environmental and social Impacts), as outlined in the above Background, and discuss them with the Group of National Consultants to reach agreement (8 days in Bissau);
  • Prepare and submit the report of Task a) to the management team (hereafter “the Management Team”) which is composed of the National Project Director, the National Project Coordinator and UNDP officer responsible for this project and headed by the UNDP officer (hereafter “the Head of Management Team”). (2.5 days);
  • Share information on Task a) with the Management Team, the Secretary of State for the Environment (SEA) and the Competent Authority for Environmental Impact Assessment (AAAC) through one meeting each with the three entities (1.5 days in Bissau);
  • Organize with the Group of National Consultants a workshop to validate the revised regulations (2 days in Bissau);
  • Analyze and revise the regulations with the Group of National Consultants to accommodate the suggestions made at the above workshop, where responsibility of finalizing the revision rests with the International Consultant (2 days in Bissau);
  • Submit to the Management Team the final version of the six regulations in paper and also in an electronic form for approval.
 
Competencies
  • Engaging and effective teaching and training skills;
  • Excellent technical, analytical and editing skills in Portuguese;
  • Excellent communication skills in Portuguese or Creole;
  • Strong strategic planning, results-based management and reporting capabilities;
  • Excellent team player with good interpersonal skills;
  • Ability to manage workload with minimum supervision;
  • Ability to work under pressure and tight deadlines;
  • Ability to accommodate additional demands at short notice;
  • Ability to work in a multi-cultural environment;
  • Displays cultural, gender, religion, nationality and age sensitivity and adaptability;
  • Skills in achieving results through persuading, influencing, and working with others;
  • Skills in negotiating effectively in sensitive situations; and,
  • Skills in facilitating meetings effectively and efficiently and to resolve conflicts as they arise.
 
Required Skills and Experience

Academic Background:

  • Advanced degree(s) (master or Ph.D.) in the field of law, ecology, environmental science or any other relevant discipline (bachelor’s degree with relevant professional experience may be substituted).

Experience:

  • At least 6 years of experience in law and regulation related to the environment;
  • Experience in public administration or other related fields;
  • Knowledge of environment and development issues in Guinea-Bissau or the wider region;
  • Working experience in Guinea-Bissau or in the wider region will be an asset; and,
  • Experience in working and collaborating with governments in developing countries, and preferably with the UN and other international agencies, will be an asset.

Language requirement:

  • Excellent knowledge of Portuguese; and,
  • Working knowledge of French or English.

Document requirement:

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

  • Cover letter (1 page) explaining interest, suitability and availability (precise dates) for this contract;
  • Curriculum vitae, including past experience in similar projects and at least 3 references;
  • A brief (2-4 page) technical proposal, providing a summary on how the candidate will approach and conduct the work (satisfying the conditions specified in Section 3 Duties and Responsibilities of the Terms of Reference, Annex I) and a timetable with precise dates for all the tasks under this contract;
  • Financial proposal, preferably consisting of a contract lump sum (with a breakdown including number of days, daily fees, international economy class travel, per diems, etc.). In the case of unforeseeable additional travel, payment of travel costs including tickets, lodging and terminal expenses will be agreed upon between the respective business unit and the individual consultant, prior to travel, and will be reimbursed.

Financial Proposal:

Lump sum contracts

  • The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR.? In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days).?

Travel

  • All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel.? In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources;
  • In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.

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:

  • Responsive/compliant/acceptable, and
  • 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 70 point would be considered for the financial evaluation.

Technical Evaluation Criteria:

  • Advanced degree(s) (master or Ph.D.) in the field of law, ecology, environmental science or any other relevant discipline (bachelor’s degree with relevant professional experience may be substituted). -10pts
  • At least 6 years of experience in law and regulation related to the environment – 15pts
  • Experience in public administration or other related fields – 10pts
  • Knowledge of the environment and development issues in Guinea-Bissau or the wider region – 15pts
  • Working experience in Guinea-Bissau or in the wider region will be an asset – 10pts
  • Experience in working and collaborating with governments in developing countries, and preferably with the UN and other international agencies, will be an asset – 5pts
  • Excellent knowledge of Portuguese, and working knowledge of French or English – 5pts
  • Technical proposal – 30pts

 


POSITION TYPE

ORGANIZATION TYPE

EXPERIENCE-LEVEL

DEGREE REQUIRED

LANGUAGE REQUIRED