INVITATION TO TENDER CONSULTANCY SERVICES FOR FORMATIVE MID-TERM REVIEW OF THE RAINFOREST FOUNDATION NORWAY (RFN) PROGRAM “RIGHTS-BASED SUSTAINABLE MANAGEMENT OF LARGE CONTIGUOUS TERRITORIES IN THE AMAZON” CASE NO. 14/00077 DATE: 10.01.2014 The Norwegian Public Procurement Act of 16 July 1999 No 69 and Part I of the Norwegian Public Procurement Regulations of 7 April 2006 No 402 apply to this procurement __________________________________________________________________________ 1. GENERAL INFORMATION The Norwegian Ministry of Foreign Affairs, hereinafter referred to as the Contracting Authority, is inviting participation in a tender procedure to establish a contract for the formative mid-term review of the Rainforest Foundation Norway (RFN) program “Rightsbased sustainable management of large contiguous territories in the Amazon”. The program "Rights-based sustainable management of large contiguous territories in the Amazon" was initiated in 2011 with funding from the Norwegian Ministry of Foreign Affairs (MFA). It is scheduled to close by the end of 2015. It is the second phase of a program that was carried out from 2007 to 2011, also with funding from the Norwegian MFA. The program draws on RFN's presence in the Amazon since 1989. Currently, actions are carried out in four geographical macro-regions: 1) Western Amazon (Brazil, Ecuador, Peru and Bolivia); 2) the river basin of Xingu in Brazil; 3) the northern corridor of the Amazon (Brazil, Colombia, Venezuela); and 4) the Guyana Shield (Brazil, Surinam, French Guyana). Work in these regions is divided into focal areas, in which management of these areas constitute the objective. Additionally, the program has an Amazon-wide component, which aims at protecting the whole Amazon basin through advocacy efforts and information on a regional level. There is a total of 11 focal areas, including two with a regional focus. Version 1.0 date 7.8.2013 1 The overall objective of the program is, "rights-based, sustainable rainforest management models and practices have been developed and implemented through civil society initiated projects and policy initiatives in four targeted regions and through work in thematic networks in the Amazon by 2016". Currently, 23 projects make up the program, which have a budget of NOK 30 million in 2013. Each of the 11 focal areas has an outcome with an accompanying set of indicators. These outcomes and the respective indicators are based on the objectives of the different projects, and are closely related to the Rainforest Foundation Norway's (RFN) 10-year strategy that runs until the end of 2017. The justification of the program is based on the fact that the Amazon rainforest is one ecological system which needs to be protected as a whole. Today this ecological system is divided by national borders and sometimes even distinctive intra-national realities. Differences in legislation and policies make it difficult to defend and protect the Amazon in a comprehensive manner. Introduction of large connected corridors of adjacent indigenous territories and protected areas, and in some countries new legislation that promotes integrated management of these, has established new opportunities for the management of vast areas of tropical rainforest. The program's ambition is to improve the protection of these macroregions. If the Contracting Authority so wishes, negotiations may be opened. The tentative schedule for the procurement process is: Activity Publication on Doffin (optional)/Invitation to tender sent to specific suppliers Deadline for receipt of tenders Notification of award Contract signing Expiry of tender validity period (tenders remain open for acceptance for 90 days after the deadline for receipt of tenders) Time/Date 10.01.14 07.02.14 at 12.00 hrs 14.02.14 18.02.14 07.05.14 at 12.00 hrs All questions and enquiries regarding this invitation to tender shall be sent to anskaffelser@mfa.no. Complete tenders must be delivered electronically to: anskaffelser@mfa.no. The subject field in the e-mail shall be marked: Tender, case no. 14/00077 All tenderers will be notified in writing by email when a decision has been made on the award of contract. 2. ABOUT THE PROCUREMENT 2.1 DESCRIPTION OF THE SERVICES REQUIRED Version 1.0 date 7.8.2013 2 The main objective of the mid-term review is to assess progress towards the program outcomes (one per focal area). This is done in order to provide independent and timely recommendations for adjustments and changes to the program if necessary, as well as identify good practices that are transferable to other geographical areas included in the program. One aspect is the program's ability to advance bi-national coordination and cooperation within the various focal areas. It is expected that the review consider this element, while also include risks factors and opportunities for the program. Content The review will analyze the program and consider how the projects contribute to the change outlined in the program documents. The review will also analyze the effect of the projects in their respective macro-regions, in terms of indigenous rights and protection of indigenous territories. The review will identify and document lessons learned and formulate recommendations that will inform the remainder of the program period, with a focus on contiguous territorial management. One aspect to be considered is the communication between the different projects within the same focal area. The review is expected to provide an overall assessment of the program progression. In order to underline this overall assessment, some focal areas will be given special attention and will require team visits. The areas to be visited will be chosen in dialogue between the review team, MFA and RFN. The field visits will also cover financial management and internal control of the organizations in question. Suggested review questions The review will attempt answering the following questions, which are based on the OECD DAC criteria for evaluating development assistance. The review team must also consider the relevance of other questions apart from those mentioned below. Relevance: Are the program objective and outcomes relevant to the current situation in the Amazon? Are the projects consistent with the program outcomes and objective? Effectiveness: To what extent are the program objective and outcomes likely to be achieved? What were the major factors influencing the achievement or non-achievement of the objective and outcomes? What has been the influence of the regional program on regional and national policies? In what way could work in the program focal areas be more effective in relation to the protection of the rights of indigenous peoples and the protection of the Amazon? How is the program promoting cooperation with other relevant actors? Which changes on a national, bi-national or state level have occurred as a result of the program? What real difference has the program made to the beneficiaries? How many people have been affected by the program? Version 1.0 date 7.8.2013 3 Efficiency: Is the program carried out in a cost-efficient manner? Were stipulated, were the results achieved on time? Is the program being implemented in the most efficient way compared to alternatives? How has national contexts influenced program implementation? Which external factors contribute to the program or make the implementation of the program difficult? Sustainability: How is the issue of sustainability being addressed by the program? Which steps are being taken by partners in the focal areas in order to ensure continuation of initiatives beyond the program period? Which steps can be taken in order to ensure that recurring threats will be responded to beyond the program period? Which risk mitigation efforts are promoted by the program and how efficient are these? Expected results of the review The consultants are expected a report that comprise three elements at the end of the review. The tree elements to be included are: Progression towards outcomes: A qualification of whether the program is on track or not, and to provide recommendations for changes if necessary Good practices: Point out experiences that have the potential for implementation in other focal areas Recommendations beyond the program period: A reflection on the possibilities for a continuation of the program beyond 2015, considering the synergies between this program and the NRF’s program financed by Norad Activities and time frame The review team will use existing documents, interviews and field visits to carry out the review. The following activities are anticipated to take place during the review. The review is scheduled to be finalized in eight (10-12) weeks, and suggested dates are outlined in brackets. Elaboration of methodology and work plan for the review (review team) Revision of relevant documents (review team) (March) Interviews with various stakeholders (review team) (April) The review team will have a meeting, either in person or on telephone, with RFN and MFA before they travel, to discuss the terms of reference further and the content of the final report (MFA and RFN) Field visit to focal areas the program is being implemented for observations of program area and stakeholder interviews (review team) (April) Elaboration of preliminary report and feedback from MFA and RFN review team) (15 May) Elaboration and of final report. Presentation of the report to MFA and RFN (review team) (1 June) Responsibilities of the review team Version 1.0 date 7.8.2013 4 It is expected that the Consultant will carry out the work with a review team composed of two persons, one of which will be designated the team leader. The review team will divide labor as the members seem fit, within the agreed upon budget and in line with the timeline. The review team will have the following responsibilities: Carry out the review and the related activities according to the contract; Elaborate and present the draft and final review reports, in which results and recommendations are exhibited and the complementary contributions by MFA and RFN are included. The team leader will have the following responsibilities: Coordinate the team and the work plan, make sure the time line is adhered to and that the draft and final reports are delivered on time; Deliver the draft and final reports to MFA and RFN; Present the report to MFA and RFN The products that are to be elaborated and delivered are: Draft review report in English, Spanish and Portuguese, no more than 25 pages, including the executive summary Executive summary of the review, in English, Spanish and Portuguese Final review report in English, Spanish and Portuguese, no more than 25 pages, including the executive summary Responsibilities of MFA and RFN MFA and RFN will approve the final review report. Utilization The Norwegian MFA and RFN are the main receivers of the information collected in the review. The information will also be shared and discussed with local program partners and others as needed. It may also be published. 2.2 CONTRACT TYPE The following standard contract will be used: Consultancy Assignment Agreement 3. CONDITION FOR PARTICIPATION Mandatory documentation Only Norwegian tenderers shall submit tax and VAT certificates issued by the tax authorities in the municipality where they have their head office (Form RF-1244). The two certificates must not be more than six months old on the date of the deadline for receipt of tenders. Submit a signed “Declaration of good conduct”, appendix 1. Version 1.0 date 7.8.2013 5 Submit a signed “Declaration of compliance with Norwegian health, environmental and safety legislation”, appendix 2. Technical and/or professional ability Conditions for participation: Tenderers must be able to document experience of relevant consultancy services the past three years. Documentation that must be provided: Details of similar services provided by the tenderer during the past three years, including their value, their content, the names of the clients and the tenderer’s role in the services. 4. AWARD CRITERIA 4.1 PROPOSED SOLUTION FOR THE SERVICE REQUIRED (WEIGHT 20%) The tenderer shall submit a description of the proposed solution in accordance with chapter 2, risk factors and a progress plan. 4.2 EXPERTISE SPECIFIC TO THE SERVICE REQUIRED (WEIGHT 40%) Tenderers shall desribe relevant competence and experience for each of the consultants they propose. In addition a CV should be submitted for each consultant as documentation of competence and experience. Expected background and experience for the review team: Competence from similar evaluations Fluency in English, Spanish and Portuguese Experience from working in the Amazon region and/or with issues related to rainforest protection and/or indigenous rights in other regions 4.3 PRICES (WEIGHT 40%) Tenderers shall offer prices (excluding VAT) for the following: A fixed price for the consultancy assignment Version 1.0 date 7.8.2013 6 Appendix 1: Declaration of good conduct This declaration concerns: Name of enterprise Organisation number Address Country Postal code City/town I hereby confirm that this enterprise has not been convicted of: Participation in a criminal organisation Corruption Fraud Money laundering Furthermore, the enterprise has not been convicted of any criminal offence related to its business conduct and has not in the pursuit of its business activities committed any serious breach of professional or ethical standards in the branch concerned. Date Version 1.0 date 7.8.2013 General Manager 7 Appendix 2: Declaration on health, safety and environment (HSE declaration) This declaration concerns: Name of enterprise Organisation number Address Country* Postal code City/town I hereby confirm that the enterprise is working systematically to ensure compliance with the provisions of relevant health, safety and environmental legislation and thus complies with the regulations relating to systematic health, environmental and safety activities in enterprises (Internal Control Regulations).1 I confirm that the enterprise is organised in accordance with applicable tax and working environment legislation as regards employees’ labour and social rights. I accept that the client is entitled, on request, to review and verify the enterprise’s system for complying with health, safety and environment standards. Date General Manager I hereby confirm that systematic measures to ensure compliance with the above-mentioned provisions of relevant health, safety and environmental legislation have been implemented. The enterprise has no employees. Date Employee representative *The following applies to foreign suppliers: I hereby confirm that relevant health, safety and environmental legislation as set out in the regulations relating to systematic health, environmental and safety activities in enterprises (Internal Control Regulations), laid down by Royal Decree of 6 December 1996 No. 1127 pursuant to the Act of 17 June 2005 No. 62 relating to the working environment, working hours and employment protection, etc. (Working Environment Act), has been taken into account in preparing the offer//tender**. I accept that the client is entitled, on request, to review and verify the enterprise’s system for complying with health, safety and environment standards. 1 Laid down by Royal Decree of 6 December 1996 No. 1127 pursuant to the Act of 17 June 2005 (**2005 ifølge Lovdata**) No. 62 relating to the working environment, working hours and employment protection, etc. (Working Environment Act). Version 1.0 date 7.8.2013 8