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Consultant

TERMS OF REFERENCE:

Development of Practical Legal Guide for Refugees and Asylum Seekers in Libya on behalf of the Information, Counselling and Legal Assistance (ICLA) programme

COUNTRY: Libya

COMMENCEMENT: September 2021

COMPLETION: end December 2021

NRC FOCAL POINTS: ICLA Specialist, ICLA Project Manager, ICLA field team

REPORTING TO: ICLA Specialist

1. Consultancy assignment BACKGROUND

The Norwegian Refugee Council is an international, independent, humanitarian, non-governmental organization that provides assistance to refugees, asylum seekers and internally displaced people in many countries worldwide including Libya. As a part of its assistance, NRC provides information, counselling and legal assistance (ICLA) services to empower beneficiaries and support them to claim and exercise their rights.

In 2020, NRC Libya’s ICLA team expanded its scope to include providing services to refugees and asylum seekers from 9 nationalities who are present in Libya registered with UNHCR. The ICLA team provides them with information, counselling and representation focused on residency requirements, access to services, housing, land and property rights, civil documentation and representation in interactions with institutions and/or government authorities.

2. Objectives and scope of work

A. Objective

In order to support this programming, NRC’s ICLA programme is seeking a consultant to develop a practical legal guide for Refugee and Asylum Seekers which will provide useable information on access to documentation, services and key rights. Where there is no legal right – or a significant gap in the implementation of the law – the consultant will explore alternative pathways for inclusion in the guide.

With many bureaucratic processes in Libya dependent on facilitation by a Libyan contact, the consultancy will also be focused on developing linkages, and working with the ICLA team to further develop entry points in civil registries, and other governmental offices, in order to exercise rights. The consultancy will start by comparing the existing law, as it was detailed in the Foreigner’s Legal Guide published by ICMPD, to the reality on the ground when seeking to exercise rights. This will be achieved through FGD and consultations. The next step will be to explore alternative avenues to exercise rights including a full review of all of the consular services available for the 9 nationalities, as well as other key migrant nationalities present in Libya, including documentation, for those who feel safe to approach their embassy.

The ICLA team, guided and advised by the Consultant and in close collaboration with the ICLA Specialist and Project Manager, will then engage with the Libyan authorities to identify alternative avenues to exercising rights. The final outcome will be the production of a legal guide which can be translated into Amharic/Oromo, Tigrinyan and Somali for dissemination amongst the refugee/asylum seeker population. This will also include details of services available through other organizations supporting refugees and asylum seekers such as health actors.

B. Scope of work

• Final products to be delivered by end of December 2021;

• The consultant is expected to conduct proactive consultation with thematic experts (from private and humanitarian sectors) as well as NRC decision makers; and Filed staff.

• The consultant is expected to go through a thorough literature review which will be documented;

• At the end of the assignment, the consultant will organise information sessions at different level of the organisation; The organisation of an ideation workshop is to be discussed;

• All required and other relevant documentation, bibliography, contacts, etc. are to be communicated using a share drive set up by NRC at least 24 hours prior the end date of the consultancy; However proactive and regular sharing of material and documents is expected before this end date.

• Language requirements: All documentation and communication to be developed in English; or/and Arabic where needed.

3. DELIVERABLES AND EXPECTED OUTCOMES

· Review of available resources – including internal ICLA guidance – on accessible rights, services and documents for refugees and asylum seekers

· Consultations with ICLA Technical Legal Officers and Libyan legal consultants working with ICLA to determine potential alternative pathways for documentation and/or exercising rights. Consultations with Libyan authorities and stakeholders to establish requirements to obtain documentation and access services.

· Develop a strategy/action plan for the ICLA team to follow through – in line with the ICLA Specialist and Project Manager – to identify and negotiate alternative solutions for refugees and asylum seekers to obtain documentation, services and exercise their rights

· Guide and support the team through the realisation and implementation of the action plan, conducted under the supervision of the ICLA Project Manager.

· Mapping of all of the consular services available for the nationalities which UNHCR registers refugees and asylum seekers, as well as other key migrant populations present in Libya (Niger, Egypt, Chad, Nigeria and others), establish referral mechanisms and build strong relationships to facilitate the conduct of cases and referrals.

· Drafting of Legal Guide which will consolidate the information obtained including documentation available through consulates, alternatives and services available from other international actors.

4. SKILLS AND EXPERIENCE

· Graduate/post-graduate study in law or relevant area

· Experience in providing counselling/casework/legal assistance to refugees/asylum seekers

· Knowledge of refugee related policies, frameworks and good practice guidelines and standards for humanitarian actors.

· Experience in humanitarian programming with particular focus on starting-up activities and building relationships with stakeholders, with a particular focus on experience at the direct implementation level such as previous experience as a field-based Project Manager

· Excellent written and editing skills

· Excellent analytical skills and ability to synthesise information

· Fluency in written and spoken English

· Fluency in written and spoken Arabic is highly desirable

· Experience working in Libya or with ICLA programmes is highly desirable

5. Duties of the consultant

Reports should be submitted in Microsoft Word format, in UK English. All text should be unformatted. Graphs or other graphical devices should be editable (i.e. not pictures). All references must be cited according to convention, and detailed in a bibliography, using the Harvard system as set out in the UNESCO Style Manual. All verbatim quotations must appear in quotation marks and must not be of excessive length. All data collected under the consultancy must be submitted with the deliverables, in a widely recognised format such as Microsoft Excel.

Everything submitted to NRC must be the original work of the consultants. Any plagiarism in any form, or any other breach of intellectual property rights, will automatically disqualify the consultant from receiving any further payments under the contract by NRC, and NRC will seek to recover any payments already made.

The consultant will follow Ethical Research Involving Children guidance on the ethical participation of children. In addition, all participants in any study or other interaction will be fully informed about the nature and purpose of the interaction and their requested involvement. Informed consent must be obtained for any photographs, audio or video recordings, etc., in accordance with NRC’s policy on consent.

6. Institutional and organisational arrangements

NRC will own the intellectual property rights to all materials submitted by the consultants under the contract. The consultants must therefore ensure that they have possession of any materials provided to NRC as a part of the deliverable. The rights to reproduce the reports will fall to NRC and its contracted agents. NRC will be free to reproduce the materials at will and to grant reproduction rights.

Requirements:

The office of the Norwegian Refugee Council invites your company to make a firm offer for consultancy service as detailed in (Annex 1 ToR Legal Guide Consultancy).

Please make sure to submit all the details and documents detailed in the ToR and are as follows:

1. Proposal including: the consultant’s understanding of the ToR, proposed approach/methodology, draft work plan including time frame per deliverable with expected outcomes and level of effort (where multiple team members, please elaborate on who will be involved/leading each piece). No more than 5 pages.

2. A three-page summary of the qualifications and background with relevant experience in relation to this consultancy in addition to proven ability and experience with similar consultancies.

3. Example(s) of relevant previous work

4. Resume/CV of individual(s) involved.

5. Financial Proposal; including the daily rate, expected number of days to complete the project, dates of availability and any other information or data they would require from NRC to undertake the consultancy

6. Sole Trader/ Consultant Registration certificate or any proof on authorization to work as a consultant and declare in writing that you are meeting all legal and tax obligation, both in home country and country where the consultancy is operating

Below is a table to fill in the financial Proposal:

Item

Description

Unit

Qty.

Price/ Unit

Net Price

VAT/ TAX

Total Price

Your quotation should clearly indicate the following;

• Currency of offer is: USD
• Net price after deduction of discounts: ___
• Net price should include VAT and all taxes
• Confirmed delivery schedule and Availability on needed dates

· Validity of the offer (Preferably 90 days)

· Contact Person details for follow up and setting a date for site visit if needed:

o Name:

o Phone:

o Email:

• Detailed specifications (if different from stipulated specifications):

· Offers from providers will be evaluated by the following criteria:

o Overall proven expertise and experience of the applicant, work plan and methodology – 70% (Bidders who will score less than 20% on this technical evaluation will be excluded from further financial evaluations)

o Financial evaluation – 30 %

o Interviews: An interview will be conducted with the highest score bid (Technical and Financial). The interview outcome will be either confirmation on the scores and passes to contract signature, or that the interview did not reflect or match the evaluation and in this case, the decision will be to move to the second best bidder for an interview and so on.

Conditions of quotation:

Payment will be made within 30 days of receipt of goods, by bank transfer/cheque only.

All suppliers doing business with NRC should maintain high standards on ethical issues, respect and apply basic human and social rights, ensure non-exploitation of child labour, and give fair working conditions to their staff. NRC reserves the right to reject quotations provided by suppliers not meeting these standards.

Vendors doing business with NRC will be screened on anti-corruption due diligence before NRC confirms an order or contract.

NRC aims to purchase products and services that the minimum environmental impact. Environmental considerations form part of the NRC selection criteria, and NRC reserves the right to reject quotations provided by suppliers not meeting these standards.

Currencies of bid and payment

All prices shall be quoted by the Bidder in USD unless otherwise stated. Similarly, all payments will be made in USD

Inspection

NRC is obliged to ensure that its procurement decisions are clearly justified and documented and keeping within the Donors mandatory principles. In that regard, full and on-the-spot access must be granted to representatives of NRC, the Donor or any organisation or person mandated by it, to premises belonging to NRC or its contractors. The right to access shall include all documents and information necessary to assess, or audit the implementation of the contract**

Supplier Information

Company name………………………………………………Stamp……………………………

Address………………………………………………………………………………………………

Contact person……………………………………………………………………………………

Contact Telephone number……………………………………………………………………..

Email/Fax………………………………………………………………………………………….

NRC reserves the right to accept or reject the whole or part of your quotation based on the information provided. Incomplete quotations which do not comply with our conditions will not be considered.

Shortlisted suppliers will be required to submit samples of each item. Please be sure to have all samples available at short notice, and wait for a response from NRC if you have been shortlisted.

6. ADDITIONAL INFORMATION

The consultancy is expected to be home-based with at least 1-2 field visits to Libya, visa permitting, of up to 4 weeks to meet ICLA staff, and relevant stakeholders.

Accommodation: Accommodation will be provided in the NRC guesthouse in Libya and/or Tunis when in transit. The Consultant will be responsible for their own accommodation for time spent out of Libya.

Flights and transportation: Flights will be paid for by NRC Libya and all transportation will be provided using NRC approved vehicles for time spent in Libya.

Payment Schedule: NRC will pay the full consultancy fee at the completion of all deliverables detailed above. A certificate of completion and a Tax Invoice submission by consultant is also necessary.

Bid documents required, shall be included as an attachment to the email in PDF, JPEG, TIF format, or the same type of files provided as a ZIP file. Email attachments shall not exceed 4MB; otherwise, the bidder shall send his bid in multiple emails. Companies who do not submit their quotation by this deadline will not be considered.