Expression of Interest

Date: 25 February 2020Scope of engagement: Development of a Monitoring, Evaluation and Learning Framework Project

1. This form is used to submit an expression of interest (EOI) request to carry out the engagement as outlined in the Terms of Reference.

2. Queries or questions may be emailed to kateturner-mann@asiapacificforum.net

3. The APF reserves the right at the time of award of contract to vary the quantity of services and goods specified in this request.

4. The APF reserves the right to accept or reject any EOI, to annul the solicitation process and reject all EOI at any time prior to award of contract, without thereby incurring any liability to the affected Applicant(s) or any obligation to inform the affected applicant(s) of the grounds for the APF’s action.

5. This EOI has been requested from at least 3 service providers and EOIs will be assessed based on both their assessed abilities to achieve the outcomes and cost. Please refer to the criteria table in the Terms of Reference for details.

6. Please email your EOI to kateturner-mann@asiapacificforum.net by 17:00 (AEST) 13/03/2020

7. This letter is not to be construed in any way as an offer to contract your service(s).

8. Please refer to Annex 1 for the APF conditions of contract. If awarded, this will be the terms of conditions for the contract.

1. Terms of reference1.1 BackgroundThe Asia Pacific Forum (APF) is a network of National Human Rights Institutions (NHRIs) who work together to build an Asia Pacific region where everyone can enjoy human rights. NHRIs are independent bodies with powers to investigate and report on human rights violations, to stand up for those in need of protection and to hold their governments to account. NHRIs also help shape laws, policies, practices and attitudes that create strong, fair and inclusive communities.

A fundamental goal of the APF is to support the establishment of independent NHRIs and to provide continued support to strengthen the work of NHRIs. We also bring our members together and build partnerships in order to tackle some of the most serious and complex human rights challenges facing our region.

As part of being an effective institution, NHRIs report on their work and the outcomes that have resulted from their efforts. Not only is this a requirement, but also helps to build credibility and transparency with the various communities and stakeholders NHRIs work with.

NHRIs however, operate in increasingly complex and challenging political and cultural contexts where addressing human rights issues requires a long-term approach. Articulating the outcomes of the work of an NHRI can therefore be a complex narrative. Given this complexity, it is understandable that many NHRIs lend towards reporting on immediate outputs, rather than overarching outcomes.

Having a robust monitoring, evaluation and learning (MEAL) framework is an essential operational tool that can help NHRIs to evaluate the effectiveness of the institution, demonstrate the impact of their work, reflect and adjust approaches, and provide a data driven picture of the role of the institution in protecting and promoting human rights of their respective countries. An effective MEAL framework can also support broader management functions, encourage a learning culture within the institution and help a NHRI to reflect and adjust methodologies.

1.2 Scope of engagement

While the operating environment of an NHRI is complex, an effective MEAL framework for an NHRI does not necessarily need to be overly complicated. This project therefore aims to create a resource package for NHRIs on the process of creating a MEAL framework. The project will also support two NHRIs in the APF region to use these resources to develop and implement their own frameworks. The project will be delivered in three phases.

1. Development of a MEAL Resource package

The first step will be through the creation of the MEAL resource, presented as a self-facilitated online resource and augmented through in-country training and mentoring. The package should be a step by step resource that has a variety of engaging content pieces adapted to NHRIs experience that will eventually be housed online in the APF Learning Community. The resource should be designed in a way that it can be used either through self-facilitation or supported with APF or other MEAL expertise. The resource should also include (but not limited to) the following.

Relevant definitions and terms Exercises to draw out relevant information to create the framework

such as NHRI priorities and existing strategy Sample MEAL questions Guidance on developing indicators for strategic outcomes Guidance on establishing reporting structures Resources to reference Guidelines to developing indicators Examples of MEAL frameworks Case studies from other organisations Steps for consideration of the development of a learning strategy Clear concise language so that it may be easily translated Should reference relevant audio-visual materials or other content

pieces

The resource package will be designed in a way so that it can be easily edited or added to with on-going case studies and experiences from the project.

2. Pilot resource with two NHRIs

Once created, the second phase of the project will involve directly supporting two NHRIs in the region over the course of 2-3 years1 to develop and implement their own MEAL frameworks using the resource. This will include.

An initial training activity on the development of a MEAL framework based on the resource for participating NHRIs.

Ongoing mentorship and coaching through the development of the framework.

A secondary in-country visit to test the progress of the framework. A final in-country meeting with both participating NHRIs to reflect on

the process. Final review and development of resource package based on pilot

experience.

Participating NHRIs will be selected through an application process which will take into consideration the commitment of senior leadership and organisational capacity to undertake the work. Participating NHRIs must demonstrate commitment to the creation of the framework over the project period. Once selected NHRIs will enter an MOU with the APF to implement the project and will be expected to regularly provide updates on the project through the Senior Executive Officers (SEO) Network and relevant online platforms, NHRIs will provide an update at the APF Annual General Meeting (AGM) and provide additional content and case studies to the resource based on their experiences to supplement the existing resource.

To encourage the sharing of experiences between APF members and NHRI to NHRI collaboration, participating NHRIs will be expected to act as resource persons in conjunction with the APF for the delivery of the MEAL resource to other NHRIs in the APF membership after the conclusion of the project.

3. Final review and distribution to APF members

The third phase will involve reviewing the existing MEAL resource and outcomes of the project based on the experiences of participating NHRIs, finalise the resource and share the updated version and lessons learned from the project to the APF membership. The final resource will be housed in the online APF Learning Community for members to engage with as a self-facilitated online resource and supporting community of practice, or printed materials for guidance. Resources and context depending, NHRIs can also

1 The timeframe is not exact to allow more time to implement the resource at the pace of the NHRI rather than the pace of the APF

seek additional in-country support from the APF or those NHRIs who have participated in the project to work through the resource.

Gender considerations

As part of the APF’s commitment to gender equality and our gender policy the resource will need to be gender mainstreamed to ensure that gender stereotypes are not perpetuated in the resource, that the MEAL framework is gender sensitive and includes space for gender indicators and outcomes to be developed.

1.3 DurationThe APF are seeking bidders to submit a proposal for a long-term engagement beginning in March 2020 and concluding in March 2023 that covers all steps of the project. The successful candidate will then enter into contracts divided by each financial year (APF financial year runs from 1 July – 30 June) to cover the work that will be delivered in that financial year. This is to ensure that both the APF and successful candidate can regularly review the contract and working relationship. Bidders are advised to consider that the workload for the contract will vary, with time weighted at the initial development stages, training activities and final review. This will also be dependent on the availability of participating NHRIs and the APF. It is anticipated that remote mentoring required in the project will be at no more than 1 day per month. Please see below the suggested timeframe for the project, however, please note that this might be subject to change.

Timeframe  Activity December – March 2019 – 2020  

Calls for Expressions of Interest (EOI) for the development of the MEAL resource 

March 2020  Consultant selected and agreement finalized  

March – May 2020  Initial draft of resource June 2020  Review of content with digital and

communications consultants July - August 2020  NHRI application process for MEAL project September – October 2020  Resource completed 

Participating NHRIs selected October 2020  MOUs and dates agreed 

 

October 2020 – March 2021 

Initial training activities 

March 2021 – September 2022 

Coaching and secondary in-country visits  

September – December 2022 

Final project review meetings 

December – March 2023  Resource finalized and distributed to APF membership  

1.4 Qualifications, skills and experienceThe APF are seeking Bidders with the following qualifications in order to complete this project.

Demonstrated experience designing and implementing a MEAL framework.

Superior understanding of the monitoring and evaluation cycle. Strong understanding of adult-centred learning, creating learning

environments, creating training modules and curriculum. Experience delivering training activities. Excellent Facilitation skills. Strong communicator that can communicate effectively with

stakeholders. Demonstrated excellent writing skills. Experience working in diverse cultural environments. Demonstrated project and time management experience. Understanding of the operating environment of NHRIs.

Additional qualifications (non-essential). Understanding or experience of change management processes. Experience working in an NHRI. Gender expertise.

1.5 Selection and evaluation criteria Bidders please respond to the selection criteria in the EOI form below. Please provide links or supporting documentation to demonstrate your answers. The APF will generate a suitability score with additional notes to determine best fit for the engagement as outlined in the table below. Requirements Score2 (out Weighti Bidders response

2 This is for APF only

of 10) ngDemonstrated technical experience to meet the qualifications, skills and expertise required as outlined above

60%

Value for money 20%

Strong communications skills 10%

Compliance with the APF Code of Conduct

5%

Ability for ongoing maintenance and support

5%

Combined weighting

2. Expression of interest form2.1 Bidders details

Details ResponseName:Address:Postal Address:Telephone Contact:ABN3:Email:Two contacts of referees /references. Attach additional details as applicable.

2.2 Qualification, skills and experience

3 Note only if based in Australia

Please list any relevant supporting documentation for your EOI in Annex 2, this can include CV’s, weblinks to previous work or documents (attached as an appendix to this EOI).

Criteria Response – please include demonstrated experience

2.3 Financial detailsDays per month Rate (inclusive of GST4) Total per month

2.3.1 Invoice scheduleDates Invoice Total (inclusive of GST)

2.3.2 Additional terms and conditions of Applicant for consideration (if relevant)

4 GST is only applicable to Australian service providers

Annex 1 – APF Terms of Contract1. Interpretation1.1 In this Contract:(a) ‘APF Material’ means any material provided to, or made accessible oravailable by, the APF to the CONSULTANT for the purposes of this Contractincluding, but not limited to, documents, equipment, information, datastored by any means and personal information;

(b) ‘Confidential Information’ means information that is by nature confidentialor is designated as confidential or the party knows or ought to know isconfidential but does not include information which is in the publicdomain other than by breach of this Contract;

(c) ‘Consultancy Services’ means the services described in Schedule 1;

(d) THE CONSULTANT shall, where the context so admits, include the employees andsubcontractors and agents of the CONSULTANT;

(e) ‘Contract’ means this Contract including Schedules 1 and 2;

(f) ‘Contract Material’ means any Material including, but not limited to documents, information, data stored by any means and personal information 1. created, written or otherwise brought into existence by or on behalf of the THE CONSULTANT in the course of performing this Agreement in which subsists newly created Intellectual Property rights (‘New Contract Material’); and

2. created, written or otherwise brought into existence by or on behalf of the CONSULTANT which exists at the date of this Agreement and which is incorporated with the New Contract Material (‘Existing Contract Material’);

(g) ‘Existing Contract Material’ has the meaning given to this term in the definition of ‘Contract Material’.

(h) ‘Information Privacy Principles’ means the Information PrivacyPrinciples set out in section 14 of the Privacy Act 1988 (Cth);

(i) ‘Intellectual Property’ includes all rights in copyright, patents, registered and unregistered trademarks, registered designs, trade secrets, knowhow, rights in relation to circuit layouts and all other rights of intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967;

(j) ‘New Contract Material’ has the meaning given to this term in the definition of ‘Contract Material’.

(k) ‘Personal information’ means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion;

(l) ‘Specified Personnel’ means the personnel specified in Schedule 1 as personnel required to undertake the Consultancy Services or part of the work constituting the Consultancy Services;

(m) Words importing a gender include any other gender. Words in the singular number include the plural and words in the plural number include the singular;

(n) Clause headings in this Contract are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer; and

(o) Schedules 1 and 2 form part of this Contract. In the event of any conflict of interest between the terms and conditions contained in the clauses of the Contract and any part of the Schedules or annexures, the former shall prevail over the latter.2. Provision of Consultancy Services2.1 The CONSULTANT shall perform the Consultancy Services (including thepreparation of Contract Material) diligently in accordance with the manner and specified time-frame set out in Schedule 1 and with the necessary care and skill reasonably expected in the provision of such services.

2.2 The CONSULTANT will abide by the APF Code of Conduct at all times.

2.3 This Agreement commences on the commencement date as noted on page 3 and will continue for the Term agreed in Schedule 1.3. Fees, Allowances and Assistance3.1 The APF shall pay to the CONSULTANT the fees and any allowances, meet costs and provide assistance as specified in Schedule 2.

3.2 Where Schedule 2 provides that the CONSULTANT is to be paid by

progressive instalments, the APF shall be entitled, without derogatingfrom any other right it may have, to defer payment of an instalmentuntil the CONSULTANT has completed to the satisfaction of the APF thatpart of the Consultancy Services to which that instalment relates.

3.3 The CONSULTANT shall submit invoices for payment in the mannerspecified in Clause 20.4. Entire Agreement and Variation4.1 This Contract constitutes the entire agreement between the parties andsupersedes all communications, negotiations, arrangements andagreements, either oral or written, between the parties with respect tothe subject matter of this Contract.

4.2 No agreement or understanding varying or extending this Contract, including in particular the scope of the Consultancy Services inSchedule 1, shall be legally binding upon either party unless in writingand signed by both parties.5. Subcontracting5.1 The CONSULTANT shall not, without the prior written approval of the APF, subcontract the performance of any part of the Consultancy Services. In giving written approval, the APF may impose such terms and conditions as it thinks fit.6. Contract Material6.1 This Agreement does not affect the Intellectual Property rights of the CONSULTANT and/or third parties in Existing Contract Material and the CONSULTANT hereby grants, and ensures that relevant third parties grant to the APF, without additional cost, a non-exclusive, irrevocable, transferable license to use, reproduce, communicate to the public and adapt for its own purposes all those Intellectual Property rights but only as part of the Contract Material and any development of that material. The CONSULTANT thus must hold or obtain consents from all authors of Existing Contract Material to its use and adaptation by the CONSULTANT and the APF, without restriction. 6.2 Material developed for the purpose of the activity shall be co-branded and remain the joint owned property of the APF and the CONSULTANT. The

CONSULTANT will be credited, where applicable, for the creation of materials related to the activity.6.3 The CONSULTANT, upon request by the APF, undertakes and agrees, at its own cost, to do all things necessary and execute all documents to permit the vesting of joint ownership and title of Intellectual Property with the APF including, without limitation, obtaining from any sub-contractor, a written assignment to the APF of the Intellectual Property rights created as a result of the person performing any part of the Services.6.4 Materials developed for the purpose of the activity shall not be used without the prior written approval of the other party. Unless it has obtained the prior written approval of the APF to do otherwise, the CONSULTANT must ensure that the Contract Material is used, copied, supplied or reproduced only for the purposes of this Agreement. The approval of the APF may be given or withheld in its absolute discretion and may be subject to such terms and conditions as the APF considers appropriate. At the expiration or earlier termination of the contract, the CONSULTANT shall deliver to the APF all Contract material.6.5 Prior to an individual commencing work in respect of the New Contract Material on behalf of the CONSULTANT, the CONSULTANT must obtain from that individual, in writing, and provide to the APF, upon request, all consents, permissions and assignments to enable the APF to exercise in full, without cost to the APF and without impediment, the rights granted under clause 6 of this Agreement.7. APF Material

7.1 The APF will inform the CONSULTANT of any APF Material producedfor and on behalf of the APF in which third parties hold the copyrightand of any conditions attaching to the use of that material because ofthat copyright. The CONSULTANT shall use that material only inaccordance with those conditions.

7.2 The CONSULTANT shall be responsible for the safe keeping andmaintenance of APF Material.8. Use and Disclosure of Information8.1 Unless otherwise agreed between the parties, the CONSULTANT shall notuse the Contract Material or APF Material except for the purposes of performing the Consultancy Services.

8.2 Without the prior approval of the APF, the CONSULTANT shall not, except for the purpose of performing the Consultancy Services, disclose to any person other than the APF, any APF Material or Contract Material. In giving written approval the APF may impose such terms and conditions as it thinks fit.9. Personal Information9.1 So far as applicable, the CONSULTANT shall comply with the Australian Privacy Principles as if it were the APF.10. Confidentiality and Information Security10.1 The CONSULTANT:(a) must not disclose any Confidential Information to any person without the prior written consent of the APF; and(b) must take reasonable steps to ensure that the Confidential Information in its possession is kept confidential and protected against unauthorised use and access.10.2 The CONSULTANT agrees to use the Confidential Information solely for the purposes of the Services and for no other purpose.10.3 The CONSULTANT shall, in addition to any directions in Schedule 1, take all reasonable measures, and comply with any reasonable directions, to ensure that Contract Material, APF Material or Confidential Information in its possession or control as a result of or in connection with this Contract is protected against loss, unauthorised access, misuse, disclosure or modification and that only authorised employees have access to such material.11. Conflict of Interest11.1 The CONSULTANT warrants that, at the date of signing this Contract, no conflict of interest exists or is likely to arise in the performance of its obligations under this Contract. If, during the term of this Contract, a conflict or risk of conflict of interest arises, the CONSULTANT undertakes to notify the APF immediately in writing of that conflict or risk.12. Negation of Employment, Partnership and Agency12.1 The CONSULTANT shall not represent itself, and shall ensure that its employees do not represent themselves, as being employees, partners or agents of the APF unless so agreed between the parties.12.2 The CONSULTANT shall not by virtue of this Contract be, or for any purpose be deemed to be, an employee, partner or agent of the APF. 13. Affirmative Action

13.1 The CONSULTANT shall comply with its obligations, if any, under the Equal Opportunity for Women in the Workplace Act 1999 (Cth) and all other applicable Commonwealth Anti-Discrimination legislation14. Termination and Reduction14.1 The APF may, at any time by written notice of two weeks, terminatethis Contract, in whole or in part. If this Contract is so terminated, theAPF shall be liable only for:(a) payments under the payment provisions of this Contract forservices rendered before the effective date of termination; and

(b) subject to sub clauses 3 and 4, any reasonable costs incurred bythe CONSULTANT and directly attributable to the termination orpartial termination of this Contract.14.2 Upon receipt of a notice of termination the CONSULTANT shall:(a) stop work as specified in the notice;

(b) take all available steps to minimise loss resulting from thattermination and to protect APF Material and Contract Material;and

(c) continue work on any part of the Consultancy Services notaffected by the notice.

14.3 In the event of partial termination, the APF's liability to pay fees underSchedule 2 shall, in the absence of agreement to the contrary, abateproportionately to the reduction in the Consultancy Services.

14.4 The APF shall not be liable to pay compensation in an amount whichwould, in addition to any amounts paid or due, or becoming due, tothe CONSULTANT under this Contract, together exceed the fees set out in

Schedule 2. The CONSULTANT shall not be entitled to compensation forloss of prospective profits.I5. Default15.1 If the CONSULTANT:(a) goes into liquidation, or a receiver, or a receiver and manager, ora mortgagee's or chargee's agent, is appointed or, in the case of anindividual, becomes bankrupt or enters into a scheme ofarrangement with creditors; or

(b) fails, within 14 days after receipt of written notice, to remedy any default in performance of the following obligations, namely:(i) to commence or to proceed at the rate of progress strictly in accordance with this Contract; or(ii) to perform or observe the terms and conditions of this Contract; or(c) is the subject of a substantiated complaint lodged with theCommission pursuant to the Disability Discrimination Act 1992 (Cth), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), the Age Discrimination Act 2004, or a report to the Attorney- General pursuant to s. 11(l)(f) or 31(l)(b) of the Australian Human Rights Commission Act 1986 (Cth); or

(d) is the subject of a substantiated complaint lodged with thePrivacy Commissioner pursuant to the Privacy Act 1988 (Cth),the APF may, by written notice, terminate this Contract and recover from the THE CONSULTANT any loss or damage suffered by the APF.16. Unavoidable Delay16.1 A party to this Contract shall not be entitled to exercise its rights and remedies upon the default of the other party if that default:(a) is caused by an act or event that is beyond the reasonablecontrol of that other party;

(b) continues for less than one (1) month; and

(c) was not reasonably foreseeable at the time this Contract wasentered into.17. Waiver17.1 A waiver by the APF in respect of any breach of a condition or provision of this Contract shall not be deemed to be waiver in respect of any other or of any subsequent breach.18. Applicable Law18.1 This Contract shall be governed by and construed in accordance with the law for the time being in force in the State of New South Wales, Australia.19. Notices19.1 Any notice, request or other communication to be given or servedpursuant to this Contract shall be in writing and addressed as the casemay be, as follows:(a) if given to the APF, addressed and forwarded to Mihir Mankad, at theaddress indicated in Schedule 2;

(b) if given by the APF, signed by Kieren Fitzpatrick, Director and forwarded to the CONSULTANT at the address indicated in Schedule 219.2 Any such notice, request or other communication shall be delivered byhand or sent by prepaid post, facsimile or e-mail, to the address of the party to which it is sent.20. Price for Servicing and invoicing procedure20.1 The CONSULTANT shall submit an invoice to the APF detailing hours worked in accordance with the agreed payment schedule in Schedule 1 of this Agreement. 20.2 The CONSULTANT shall also provide the APF with all invoices regarding which the CONSULTANT seeks to claim reimbursement for expenses necessarily incurred in providing the consultancy services. Any expenses incurred must be pre-approved by the APF prior to the CONSULTANT lodging any claim for reimbursement.20.3 The consultant agrees to indicate on the invoice the percentage of time considering and implementing gender equality and/or mainstreaming gender as part of the activities undertaken on behalf of the APF.20.4 The CONSULTANT agrees to keep proper accounts, records (including information stored by computer and other devices) and time sheets in accordance with the accounting principles generally applied in commercial practice in respect of

its time charge billing, its expenditure and fees and amounts payable to others properly engaged pursuant to this Agreement and retain the same for a period of seven (7) years. 21. Insurance21.1 Without limiting the CONSULTANT’s obligations under this Agreement, the CONSULTANT will, during the continuance of this Agreement and for a period of twelve (12) months after its expiration or termination, take out and maintain with a reputable insurance company a public liability policy of insurance; workers’ compensation insurance in accordance with applicable legislation in respect of all employees of the CONSULTANT; a professional liability / indemnity policy of insurance; and travel insurance (if applicable).21.2 The CONSULTANT will, on request, produce to the APF satisfactory evidence that the CONSULTANT has effected and renewed the insurance policies referred to in Clause 21.1.22. Dispute Resolution22.1 The Parties shall attempt to settle a dispute in relation to this Agreement using the dispute resolution process provided for in this Agreement before resorting to court proceedings, provided however, nothing in this Clause will preclude either Party from seeking urgent interlocutory relief.22.2 If the APF requests it, the CONSULTANT must continue performing this Agreement while a dispute is being dealt with in accordance with this Clause, other than the Services (or part thereof) the subject of the dispute, to the extent practicable to do so.22.3 A Party claiming that a dispute has arisen must give written notice of the dispute to the other Party. The Parties must endeavour in good faith to resolve the dispute within fourteen (14) days of receipt of a notice of dispute.22.4 If a dispute is not resolved within the fourteen (14) day period or such further period as the Parties agree in writing, the dispute shall be referred to the ACDC for mediation in accordance with the ACDC’s ‘Mediation Guidelines for Commercial Mediation’ which are operating at the time the matter is referred to the ACDC. The ACDC’s mediation guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the ACDC’s mediation guidelines are hereby deemed incorporated into this Agreement.22.5 The Parties shall do all things reasonably required to refer the dispute to mediation by ACDC.22.6 In the event that the dispute has not been settled within twenty-eight (28) days (or such other period as agreed to in writing between the Parties) after the appointment of a mediator, or if no mediator is appointed within twenty-eight (28) days of the referral of the dispute to mediation, the Parties are free to pursue any other procedures available at law for the resolution of the dispute.

Annex 2 – Supporting documentation