Terms of Reference â NRM in Kenya
Terms of Reference – NRM in Kenya
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APPENDIX A - SCOPE OF SERVICES
Tender of Technical Assistance for the Natural Resource Management Programme, Kenya (2011 – 2014) Summary The Governments of Kenya and Denmark (Danida) have agreed on a Natural Resource Management Programme (NRMP). Denmark will provide a grant of KSh 5.3 Billion (DKK 375 Million). Part of the grant is for a Technical Assistance (TA) package. The call for tender includes three long term advisors (an Environmental Policy Advisor, an Environmental Management Advisor (and Company Team Leader), and a Climate Change Policy Advisor) and two short term advisors. The tender also includes the design and management of a modality for the procurement of services from an unspecified pool of short term consultants. The TA team will be posted in Kenya from January 2011 over a period of four years. After a first phase of two years there will be a technical review of the TA with an option for restructuring of the TA package for the second phase until December 2014. 1. The NRM Programme The Governments of Kenya (GoK) and Denmark (Danida, Danish Ministry of Foreign Affairs) have developed the Natural Resource Management Programme (NRMP) for Kenya. Section 7 below includes reference to the programme documents and further background information on the NRMP. The Danida grant for the NRMP is KSh 5.3 billion (DKK 375 million). The grant will be managed by GoK partners except for the grant for a Technical Assistance (TA) package for a team of advisors and for the procurement of short term consultants. The TA team will be posted in Kenya from January 2011. The NRMP will contribute to the implementation of the Vision 2030 long-term development strategy for Kenya, and specifically implementation of the first Medium-Term Plan (2008-2012) through related sector strategies and sector development plans. The programme is in line with Denmark’s commitment to the Kenya Joint Assistance Strategy (KJAS) to ensure alignment with Government of Kenya (GoK) systems and harmonisation with activities of other development partners. The NRMP immediate objectives are: Reducing poverty through enhanced food security, reduced livelihood vulnerability, and improved natural resource management systems in drought-prone and marginalised districts and communities. Enabling policy and regulatory frameworks for environmental and natural resource management, including climate change, developed and implemented with a poverty orientation.
1
Supporting civil society organisations, local communities, and private sector service providers, who are capacitated to support and influence natural resource management and contribute towards poverty alleviation. The main focus of the NRMP is reduction of poverty through sustainable management of the environment and natural resources. The programme is organised within the following three components: Component 1: Environment and Climate Policy and Management. It has three sub-components: sub-component 1.1 on environmental policy in Ministry of Environment and Minerals Resources (MEMR), sub-component 1.2 on environmental management in the National Environment Management Authority (NEMA), and sub-component 1.3 on climate change policy within the framework of sustainable development with the Office of the Prime Minister (OPM). Component 2: Decentralised Management of Natural Resources. A joint programme with the World Bank to support the Arid Lands Resource Management Project (ALRMP) with the Ministry of Northern Kenya and Other Arid Lands. Component 3: Civil Society and Private Sector Management of Natural Resources. Includes the support to community development organisation through the Community Development Trust Fund (CDTF) and for environment, water and renewable energy activities in the Agricultural Business Development (ABD) in the forthcoming Business Sector Development Support Programme. The NRMP is partly a continuation of the Danida and Sida supported Environmental Programme Support (EPS)1 ending in June 2010 (18 months before the planned five year schedule) as well as elements of the former sector programmes in the water and agricultural sectors supported by Danida. There will be closing down activities of EPS during the remaining year of 2010. The NRMP document is an outline for the agreed collaboration between Kenya and Denmark. Agreed contributions and commitments by GoK and Denmark are further outlined in the Government to Government Agreement (December 2009) and during the launch of the NRMP (April 14, 2010). The inception phase of the NRMP was from January 2010 (one year before the posting of the TA team) to June 2010. The inception is followed by a Danida/GOK Inception Review Mission in August/September 2010. The first year of NRMP implementation will be the GoK Financial Year 2010/11. The TA package is from January 2011, one year after the inception start, until December 2014 for four out of the five years of NRMP support. The design in NRMP documents (November 2009) includes a TA package to be tendered in a company contract for the sub-component in NEMA and the direct hire by Danida of advisers for the TA positions in sub-components in MEMR and OPM. These ToR have since been updated to reflect agreements during the NRMP inception phase. As a result all TA inputs will be tendered as
1
The EPS activities with the Ministry of Environmental and Mineral Resources (MEMR) and the National Environmental Management Authority (NEMA) are continued in the new NRMP component 1 and for the Community Development Trust Fund (CDTF) in sub-component 3.1. Collaboration on climate change was also initiated in EPS on the National Climate Change Response Strategy (NCCRS) and with the Office of the Prime Minister (OPM) with support from the Royal Danish Embassy (RDE) since 2008.
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one company contracted TA package as decided by the NRMP Steering Committee (PSC) (Ministry of Finance and the Royal Danish Embassy, RDE). Differences between the NRMP document and these ToR can be clarified during the tender process. Changes agreed by the PSC do take precedence over the NRMP document. The current EPS TA team (a company contract in NEMA and a Danida Senior Environmental Policy Adviser in MEMR) has been extended by the GoK and RDE until December 2010. The new TA team for the NRMP will from January 2011 continue the implementation, work plans and programme procedures already established during EPS and for the first year of the NRM programme including the six month inception phase. 2. Objective of the tender The objective is to engage a company or a consortium of companies to provide technical assistance to support the implementation of the NRMP in the most effective and efficient manner and according to best development practices. This includes adherence to the aid effectiveness agenda (i.e. principles according to the Paris Declaration and Accra Agenda for Action) adjusted to the Kenyan context. In collaboration with the NRMP partners and RDE, the contracted company will from January 2011 to December 2014 deliver the TA team as specified in the ToR. The TA package is developed mainly within the NRMP component 1 but shall include the entire NRMP including provision of technical assistance on demand from partners in Components 2 and 3 in their annual work NRMP plans, and from the RDE. The demand for TA will be defined in the annual work plan and ad hoc requests from NRMP partner institutions for approval by the PSC. The TA input will be provided in two phases. The first phase will be for the TA inputs for the first two years (January 2011 to December 2012). Two years after posting the TA team the technical assistance of NRMP will be reviewed. The second phase is until December 2014 and the delivery of technical assistance may be restructured based on the recommendations of the TA review. The revision of the TA team can for example be on the balance between short and long term technical advisors as well as the advisor profiles demanded. This flexibility of the second phase is also required due to potential changes in the institutional landscape of Kenya after the 2012 elections, a new constitution and the following institutional changes that may result in a reduction in the number of ministries. There may be new opportunities within the NRMP with a possible merger of MEMR and Ministry of Forestry and Wildlife. 3. Content of the TA package The TA package that is tendered includes: An Environmental Policy Advisor (Long Term). The duty station is expected to be at the MEMR. The input is up to 36 person months over 4 years (mix of full and part time). The advisor will also be available for other components/sub-components. An Environmental Management Advisor (Long Term) and Company Team Leader. The duty station will be at the National Environment Management Agency (NEMA). The input is up to 48 person months over 4 years (full time). This includes tasks as the coordinator and team leader of the company contract. The advisor will also be available for other components/sub-components.
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A Climate Change Policy Advisor (Long Term). The duty station will be the Environment and Climate Change Unit (ECCU) in the Office of the Prime Minister (OPM). The input is up to 36 person months over 4 years (mix of full and part time). The advisor will also be available for other components/sub-components. Two Short Term Technical Advisors (ST TA). The TA package will include two short term positions to be fielded before March 2011. The input is a total of 5 months. One position is for development of the Monitoring and Evaluation systems with the environment sector institutions. The other position is on environmental economic/finance incentives. Specific ToR will be developed by partners during 2010. This input is to jump-start the fielding of ST TA before the procurement model of ST TA is established. A modality for the procurement of a pool of Short Term (ST) TA. The Company represented by the Company Team Leader will manage the procurement of a pool of short term TA. Initially the request will be for delivery of 600 person days International TA, and 2.000 person days Regional/National TA. CVs shall not be included in the tender but the proposal shall demonstrate access to resources/partners where CVs can be sourced. The funding for the ST TA pool may increase as additional funding can be added to the fund for ST TA from other sources within the NRMP. The LT TA inputs after the mid-term review may be converted to ST TA or vice versa. The inputs in the two phases of the tender are outlined in the table. TA input (person months) 1) Environmental Policy Advisor 2) Environmental Management Advisor & Company Team Leader 3) Climate Change Policy Advisor 4 and 5) Short term TA (specified) Short term TA (pool): international Short term TA (pool): national
1st phase 1: 2011-2012
2nd phase: 2013-2014
Total
21,2
10,6
31,8
21,2
21,2
42,4
21,2
10,6
31,8
5
0
5
300 days
300 days
600 days
1,000 days
1,000 days
2,000 days
Following the TA review after two years the TA inputs in the 2 nd phase may continue or be revised to recurrent short term TA for the whole NRMP. The launch of the 2nd phase requires approval by the client. ‘International TA’ means TA with an international background, i.e. a degree from an internationally recognised university and the major part of his/her professional experience from assignments within several developing as well as developed countries working for recognised international consultants. ‘National TA’ means TA with a background in the Recipient Country or another developing country in its region.
The specification of the tasks of the TA team and the requirements to be assessed in the tender are outlined in the next sections.
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Scope and Tasks of the Technical Assistance 4.1 Scope of the NRM support for institutional development The scope of the services provided by the Technical Assistance team includes the following functions: Institutional Capacity Development: o Provide technical support to NRM partners on the strategic and institutional development, and operational management. o Assist in the identification and establishment partnerships and other collaboration with GoK institutions and non-state partners in the private sector and Civil Society Organisations (CSOs) o Assist in identifying, monitoring, and reporting of indicators in an M&E system, and collection and dissemination of information. Technical Support: o Provide relevant and high quality technical support in the respective field of expertise of the TA. o Contribute to an effective transfer of technical skills to relevant counterparts. o Provide technical assistance in achieving the NRMP outputs/outcomes in collaboration with counterparts. o The TA is available on request for all the NRM partners in all of the subcomponents/components. TA Management Support by the Company Team Leader: o Reporting by the company on finances and progress o Managing the procurement of ST TA for support to the NRMP and ensuring that the agreed services are delivered. o Monitoring and reporting of LT and ST TA performance. Assess the effectiveness of the TA for institutional capacity development. o Establish close working relations and communicating lines between the other NRMP Components/Sub-Components, as well as other donor-funded support The company may operate part of the TA management support activities from a Company Office in Nairobi; with a NRMP liaison facility of a Kenyan partner or one of the NRMP institutions (the approach to programme management is part of the technical proposal). For further detail reference is made to the NRMP documents (November 2009). 4.2 Principles of the TA input The TA team will operate from the following principles: The role of all advisors is to provide technical assistance. The only management tasks are related to the company contract.
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The advisors will work as technical partners at the appropriate level in the relative institutions. The appropriate level is not necessarily the highest but where the impacts of the TA can be most effective. This could be with a team of mid- and senior-level officials. The LT and ST advisors will have designated counterparts in the institution where they are based. The LT advisors will have annual performance contracts according to the annual work plans for TA agreed with the counterparts and reviewed annually. The performance contracts prepared with the GoK institutions will further specify the job functions of the advisors. RDE will be part of the annual performance reviews to ensure that the performance is in line with the NRMP objectives. The technical advisors will not have direct decision making authority regarding the NRMP grant that is routed through the GoK Treasury. The budget for activities and work plans is part of the MEMR work plan and the TA shall contribute with technical and management advice in this regard. The approval is with the PSC and the responsibility and decision making is with the NRMP partner institutions according to their work plans and budgets. Indicative time allocation for long term TA inputs TA positions
Technical Assistance to host institution
1) Environmental Policy Advisor 2) Environmental Management Advisor & Company Team Leader 3) Climate Change Policy Advisor
75 %
TA to other Components / Subcomponents 20 %
TA-Management / Reporting Company contract 5%
75 %
10 %
15 %
75 %
20 %
5%
4.3 Tasks of the TA team positions 4.3.1
Environment Policy
The tasks of Environmental Policy Advisor include technical support on environmental policy issues. The advisor is based at the Directorate of Environment of MEMR and will on a daily basis be working closely with a designated counterpart at the director level or above. MEMR nominates the counterpart to the advisor. The job functions include: Technical Support: The advisor will work with the technical staff of MEMR as the technical advisor for the Permanent Secretary (PS) and the Environment Secretary on strategic and operational management issues relating to environmental policy mainly in MEMR. The technical support within the Directorate of Environment will be specified in the MEMR strategic plan and annual work plans.
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The advisor is available on demand as a technical adviser for other components/sub-components of the NRMP. Institutional Development: National institutional development and communication support in close cooperation with all relevant partners. Institutional support to develop capacity of the Directorate of Environment as well as the Climate Change Secretariat in MEMR (when established) according to the mandates of the ministry. Support to developing monitoring and evaluation systems within MEMR. Intergovernmental tasks: Support MEMR’s efforts to enhance coordination between GoK agencies and also with development partners within the Environmental Sector. Assist in the identification and establishment of close working relations and communicating lines between the other NRMP Components/Sub-Components, as well as other donor-funded support The budget for NRMP activities is an integrated part of the MEMR work plan. The advisor has no role in decision making on the content of the work plan, but shall contribute with technical and management advices. The approval is initially with the PSC and then with MEMR when the work plans and budgets are approved. Company contract management and reporting: Reporting on TA performance and progress to the Company Team Leader. 4.3.2
Environment Management Advisor and Company Team Leader
The tasks of the Environmental Management Advisor include technical support on environmental management issues. The position is also the Company Team Leader for the technical assistance contract and will cover the management of the ST TA procurement and support to programme level reporting for the TA contract. The advisor is based at NEMA and will on a daily basis be working closely with a designated NEMA counterpart at the director level or above. NEMA nominates the counterpart to the advisor. The job functions include: Technical Support: The advisor will work with the technical staff of NEMA as the technical advisor for the NEMA management and Director General on strategic and operational management issues relating to NEMA in particular related to the mandates of NEMA under EMCA (Environmental Management and Coordination Act). The technical support required within environmental management will be specified from the NEMA strategic plan and annual work plans in annual work plans for the advisor. Technical support to other components/sub-components of the NRMP if requested. Institutional Development:
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Institutional development support, transfer of skills and technology support in close cooperation with all relevant partners. Support to developing and implementing the monitoring and evaluation systems for NEMA and other management and dissemination of environmental information. Inter-governmental tasks: Assist in the implementation of the NEMA strategic plan including support to establish partnerships and to decentralisation and collaboration with local government institutions. The budget for NRMP activities is integrated in the NEMA work plan. The advisor has no role in decision making on the content of the budget and work plan, but shall contribute with technical support. The approval of budgets and work plans is initially with the PSC and then with NEMA after PSC approval. Company contract management and reporting: Reporting by the company on finances and progress Managing the procurement of ST TA for support to the NRMP and ensuring that the agreed services are delivered. Monitoring and reporting of long and short term TA performance. Assess the effectiveness of the TA for institutional capacity development. 4.3.3
Climate Change Policy Advisor
The tasks of the Climate Change Advisor include technical support on climate change policy and strategy issues within the NRMP. The adviser will be based at the Environment and Climate Change Unit (ECCU) of the Office of the Prime Minister (OPM). The counterpart for the advisor is expected to be the ECCU Director (this position is not yet filled). The job function includes: Technical Support: The advisor will work with the staff of ECCU / OPM as well as in the MEMR and NEMA on matters related to climate change policy and strategy and environmental coordination. The advisor is based in ECCCU / OPM but will also be available for substantial part (about half of the time) to other NRM programme components and in particular the sub-components with MEMR and NEMA. Support the development of coordination among Government Ministries and Departments and agencies in the cross-cutting areas of climate change and environmental mainstreaming. Support studies and other activities as may be requested by the Prime Minister, the Permanent Secretary (OPM) and/or Director of ECCU. Assessing the impact of the OPM and its activities on mainstreaming Environment and Climate Change and provide appropriate recommendations and follow up. To develop briefs on issues that would require the articulation and promulgation of relevant policy issues on climate change and environment to ECCU for briefing of the OPM. Institutional Development:
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Institutional development support, capacity building and technology support in close cooperation with all relevant partners. To build capacity of the ECCU staff on strategy, policy development and implementation, towards the achievement of Vision 2030. Upon request support the ECCU to liaise with the other Government Ministries and departments for effective supervision and mainstreaming of environment and climate change. To ensure that the ECCU counterparts can brief the Prime Minister and the PS (OPM) effectively on all matters related to the coordination and supervision of Government Ministries and Departments in the areas of environment and climate change policy mainstreaming. Inter-governmental tasks: Technical support to ECCU / OPM activities related to the overall implementation of the NRM programme. The budget for NRMP activities is an integrated part of the ECCU / OPM work plan. The advisor has no role in decision making on the work plans or budgets, but shall contribute with technical support during the preparation. The decision making is with the PSC and subsequently with ECCU / OPM when the work plans and budgets are approved. Company contract management and reporting: Reporting on TA performance and progress to the Company Team Leader. 4.3.4
Specified short term technical assistance (ST TA)
The TA package includes two Short Term TA positions (‘monitoring & evaluation’ and ‘environmental economic/finance incentives’). These are fielded before March 2011 and completed during the first six months of the contract. The specified ST TA will be available before the procurement model for ST TA is expected to be operational. The ST TA inputs are specified further below and in specific ToR (to be developed). 4.3.5
Pool (unspecified) of short term technical assistance (ST TA)
The ToR outlines the modalities for the procurement and management of the TA. The purpose of the modality for ST TA procurement is: To achieve efficient ST TA procurement. The TA procurement shall harmonize and align the ST TA engagement of NRMP under one umbrella for simple procurement and quick delivery of ST TA. To ensure transparency and accountability of the process of selection and engagement of short term consultants by relevant NRMP partners and stakeholders. To reduce the management load for NRMP partners and the RDE for ST TA contract procurement and management. To separate the procurement and technical management of ST TA contracts. The ST TA procurement can be accessed by all components of the NRMP as agreed by the GoK programme partners and RDE, and decided by the PSC. This further includes public access (for example, web based) to relevant documentation, e.g. for the call for proposals, notification of the selected teams, real time overview of ongoing assignments and produced results.
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Terms of Reference Qualification and Competencies of the TA team Position 1: Environmental Policy Adviser based at MEMR (36 months) Position 2: Environmental Management Adviser and Company Team Leader based at NEMA (48 months) Position 3: Climate Change Policy Advisor based at OPM (36 months) Position 4 and Position 5: ST TA (two times 2.5 months) There are no specific requirements regarding nationalities of the TA team. 5.1 Composition of the TA team: Qualifications of the proposed team The TA team shall cover the following competencies: Position 1: Environmental Policy Advisor based at MEMR (36 months) General requirements: An advanced university degree (minimum Master’s degree) in economics, international/development planning, natural science or social science. Several years of professional experience with livelihoods, natural resource management and environmental aspects in multi-stakeholder processes in developing countries. Experience with the preparation and implementation of development programmes for Danida and other development organisations. Previous experience with Danida Aid Management Guidelines and Danida decentralised aid management procedures as practised at the country level is preferred is an advantage. Proven experience in high level policy/strategic advice and managing multi-disciplinary consultancies funded by international lenders or development partners. Experience in programme management. High level of proficiency in English language use (native language or for non-native a recognised language test score like IELTS (http://www.ielts.org)). Specific experience: Several years of experience at senior management level, in the development and implementation of institutions and systems for environmental policy, including monitoring and reporting of programme and TA performance. Documented successes and experience with environmental and climate policy and strategy development and implementation in developing countries. Experience from developing countries: Work experience from developing countries is required. Work experience from East Africa an asset.
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Position 2: Environmental Management Advisor and Company Team Leader based at NEMA (48 months): General requirements: An advanced university degree (minimum Master’s degree) in economics, international/development planning, natural science or social science. Several years of professional experience. Experience from an environmental ministry or environmental protection agency at senior level is preferable. Experience from development cooperation programmes. Proven experience in preparing work plans, result by management, performance monitoring programmes, and progress reporting. High level of proficiency in English language use (native language or for non-native a recognised language test score like IELTS (http://www.ielts.org)). Specific experience: Experience as a Team Leader in managing development programmes. Recent experience is preferred. Proven experience in procuring specialist environmental services. Several years experience at senior management level including recent experiences, in the development and implementation of institutional and system development for environmental management development and implementation, including monitoring and reporting. Experience with environmental economics and financing, economic incentives for environmental regulation, management, regulation, EIA, communication methods or application of environmental education in developing countries. Documented successes and experience with environmental management and strategy development and implementation in developing countries. Experience from developing countries: Work experience from developing countries is required. Work experience from East Africa an asset. Position 3: Climate Change Policy Advisor based at OPM (36 months): General requirements: An advanced university degree (minimum Master’s degree) in economics, international/development planning, social or natural science. Several years of professional experience. Experience from non state institutions (research, private sector or international NGOs) will be an advantage. Experience from development cooperation programmes. Experience with climate change and development programmes and advantage. Proven experience in preparing work plans, performance monitoring programmes, and progress reporting High level of proficiency in English language use (native language or for non-native a recognised language test score like IELTS (http://www.ielts.org)).
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Specific experience: Several years of experience including recent experience with research, analytical assessment and policy advice to developing countries for climate change economics, risk management, screening and adaptation including monitoring and reporting at international level. Demonstrated technical competency across a range of climate change issues in developing countries including development and implementation of institutional and capacity development Documented successes and experience with climate change policy and strategy development and implementation in developing countries. Experience from developing countries: Work experience in developing countries is required. Work experience from East Africa an asset. Minimum general requirements for all short term TA (specified and pool): General requirements: An advanced university degree (minimum Master’s degree) in economics, international/development planning, natural science or social science. Several years of professional experience including relevant experience from recent years. Experience from non-state institutions (research, private sector or international NGOs) will be an advantage. Experience from development cooperation programmes. Position 4: M&E Specialist (short term) (2.5 months) Specific experience: Working experience with developing, verifying, piloting and implementing M&E systems and indicators at national and local as well as programme level sharing. Three substantial M&E assignments in the past five years. Position 5: Environmental Economics/Finance Specialist (short term) (2.5 months) Specific experience: Working experience with environmental economics, sustainable environmental finance and incentives for changed use of resources and the environment. Three substantial environment economics or sustainable environmental finance related assignments in the past five years.
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APPENDIX A - SCOPE OF SERVICES
Tender of Technical Assistance for the Natural Resource Management Programme, Kenya (2011 – 2014) Summary The Governments of Kenya and Denmark (Danida) have agreed on a Natural Resource Management Programme (NRMP). Denmark will provide a grant of KSh 5.3 Billion (DKK 375 Million). Part of the grant is for a Technical Assistance (TA) package. The call for tender includes three long term advisors (an Environmental Policy Advisor, an Environmental Management Advisor (and Company Team Leader), and a Climate Change Policy Advisor) and two short term advisors. The tender also includes the design and management of a modality for the procurement of services from an unspecified pool of short term consultants. The TA team will be posted in Kenya from January 2011 over a period of four years. After a first phase of two years there will be a technical review of the TA with an option for restructuring of the TA package for the second phase until December 2014. 1. The NRM Programme The Governments of Kenya (GoK) and Denmark (Danida, Danish Ministry of Foreign Affairs) have developed the Natural Resource Management Programme (NRMP) for Kenya. Section 7 below includes reference to the programme documents and further background information on the NRMP. The Danida grant for the NRMP is KSh 5.3 billion (DKK 375 million). The grant will be managed by GoK partners except for the grant for a Technical Assistance (TA) package for a team of advisors and for the procurement of short term consultants. The TA team will be posted in Kenya from January 2011. The NRMP will contribute to the implementation of the Vision 2030 long-term development strategy for Kenya, and specifically implementation of the first Medium-Term Plan (2008-2012) through related sector strategies and sector development plans. The programme is in line with Denmark’s commitment to the Kenya Joint Assistance Strategy (KJAS) to ensure alignment with Government of Kenya (GoK) systems and harmonisation with activities of other development partners. The NRMP immediate objectives are: Reducing poverty through enhanced food security, reduced livelihood vulnerability, and improved natural resource management systems in drought-prone and marginalised districts and communities. Enabling policy and regulatory frameworks for environmental and natural resource management, including climate change, developed and implemented with a poverty orientation.
1
Supporting civil society organisations, local communities, and private sector service providers, who are capacitated to support and influence natural resource management and contribute towards poverty alleviation. The main focus of the NRMP is reduction of poverty through sustainable management of the environment and natural resources. The programme is organised within the following three components: Component 1: Environment and Climate Policy and Management. It has three sub-components: sub-component 1.1 on environmental policy in Ministry of Environment and Minerals Resources (MEMR), sub-component 1.2 on environmental management in the National Environment Management Authority (NEMA), and sub-component 1.3 on climate change policy within the framework of sustainable development with the Office of the Prime Minister (OPM). Component 2: Decentralised Management of Natural Resources. A joint programme with the World Bank to support the Arid Lands Resource Management Project (ALRMP) with the Ministry of Northern Kenya and Other Arid Lands. Component 3: Civil Society and Private Sector Management of Natural Resources. Includes the support to community development organisation through the Community Development Trust Fund (CDTF) and for environment, water and renewable energy activities in the Agricultural Business Development (ABD) in the forthcoming Business Sector Development Support Programme. The NRMP is partly a continuation of the Danida and Sida supported Environmental Programme Support (EPS)1 ending in June 2010 (18 months before the planned five year schedule) as well as elements of the former sector programmes in the water and agricultural sectors supported by Danida. There will be closing down activities of EPS during the remaining year of 2010. The NRMP document is an outline for the agreed collaboration between Kenya and Denmark. Agreed contributions and commitments by GoK and Denmark are further outlined in the Government to Government Agreement (December 2009) and during the launch of the NRMP (April 14, 2010). The inception phase of the NRMP was from January 2010 (one year before the posting of the TA team) to June 2010. The inception is followed by a Danida/GOK Inception Review Mission in August/September 2010. The first year of NRMP implementation will be the GoK Financial Year 2010/11. The TA package is from January 2011, one year after the inception start, until December 2014 for four out of the five years of NRMP support. The design in NRMP documents (November 2009) includes a TA package to be tendered in a company contract for the sub-component in NEMA and the direct hire by Danida of advisers for the TA positions in sub-components in MEMR and OPM. These ToR have since been updated to reflect agreements during the NRMP inception phase. As a result all TA inputs will be tendered as
1
The EPS activities with the Ministry of Environmental and Mineral Resources (MEMR) and the National Environmental Management Authority (NEMA) are continued in the new NRMP component 1 and for the Community Development Trust Fund (CDTF) in sub-component 3.1. Collaboration on climate change was also initiated in EPS on the National Climate Change Response Strategy (NCCRS) and with the Office of the Prime Minister (OPM) with support from the Royal Danish Embassy (RDE) since 2008.
2
one company contracted TA package as decided by the NRMP Steering Committee (PSC) (Ministry of Finance and the Royal Danish Embassy, RDE). Differences between the NRMP document and these ToR can be clarified during the tender process. Changes agreed by the PSC do take precedence over the NRMP document. The current EPS TA team (a company contract in NEMA and a Danida Senior Environmental Policy Adviser in MEMR) has been extended by the GoK and RDE until December 2010. The new TA team for the NRMP will from January 2011 continue the implementation, work plans and programme procedures already established during EPS and for the first year of the NRM programme including the six month inception phase. 2. Objective of the tender The objective is to engage a company or a consortium of companies to provide technical assistance to support the implementation of the NRMP in the most effective and efficient manner and according to best development practices. This includes adherence to the aid effectiveness agenda (i.e. principles according to the Paris Declaration and Accra Agenda for Action) adjusted to the Kenyan context. In collaboration with the NRMP partners and RDE, the contracted company will from January 2011 to December 2014 deliver the TA team as specified in the ToR. The TA package is developed mainly within the NRMP component 1 but shall include the entire NRMP including provision of technical assistance on demand from partners in Components 2 and 3 in their annual work NRMP plans, and from the RDE. The demand for TA will be defined in the annual work plan and ad hoc requests from NRMP partner institutions for approval by the PSC. The TA input will be provided in two phases. The first phase will be for the TA inputs for the first two years (January 2011 to December 2012). Two years after posting the TA team the technical assistance of NRMP will be reviewed. The second phase is until December 2014 and the delivery of technical assistance may be restructured based on the recommendations of the TA review. The revision of the TA team can for example be on the balance between short and long term technical advisors as well as the advisor profiles demanded. This flexibility of the second phase is also required due to potential changes in the institutional landscape of Kenya after the 2012 elections, a new constitution and the following institutional changes that may result in a reduction in the number of ministries. There may be new opportunities within the NRMP with a possible merger of MEMR and Ministry of Forestry and Wildlife. 3. Content of the TA package The TA package that is tendered includes: An Environmental Policy Advisor (Long Term). The duty station is expected to be at the MEMR. The input is up to 36 person months over 4 years (mix of full and part time). The advisor will also be available for other components/sub-components. An Environmental Management Advisor (Long Term) and Company Team Leader. The duty station will be at the National Environment Management Agency (NEMA). The input is up to 48 person months over 4 years (full time). This includes tasks as the coordinator and team leader of the company contract. The advisor will also be available for other components/sub-components.
3
A Climate Change Policy Advisor (Long Term). The duty station will be the Environment and Climate Change Unit (ECCU) in the Office of the Prime Minister (OPM). The input is up to 36 person months over 4 years (mix of full and part time). The advisor will also be available for other components/sub-components. Two Short Term Technical Advisors (ST TA). The TA package will include two short term positions to be fielded before March 2011. The input is a total of 5 months. One position is for development of the Monitoring and Evaluation systems with the environment sector institutions. The other position is on environmental economic/finance incentives. Specific ToR will be developed by partners during 2010. This input is to jump-start the fielding of ST TA before the procurement model of ST TA is established. A modality for the procurement of a pool of Short Term (ST) TA. The Company represented by the Company Team Leader will manage the procurement of a pool of short term TA. Initially the request will be for delivery of 600 person days International TA, and 2.000 person days Regional/National TA. CVs shall not be included in the tender but the proposal shall demonstrate access to resources/partners where CVs can be sourced. The funding for the ST TA pool may increase as additional funding can be added to the fund for ST TA from other sources within the NRMP. The LT TA inputs after the mid-term review may be converted to ST TA or vice versa. The inputs in the two phases of the tender are outlined in the table. TA input (person months) 1) Environmental Policy Advisor 2) Environmental Management Advisor & Company Team Leader 3) Climate Change Policy Advisor 4 and 5) Short term TA (specified) Short term TA (pool): international Short term TA (pool): national
1st phase 1: 2011-2012
2nd phase: 2013-2014
Total
21,2
10,6
31,8
21,2
21,2
42,4
21,2
10,6
31,8
5
0
5
300 days
300 days
600 days
1,000 days
1,000 days
2,000 days
Following the TA review after two years the TA inputs in the 2 nd phase may continue or be revised to recurrent short term TA for the whole NRMP. The launch of the 2nd phase requires approval by the client. ‘International TA’ means TA with an international background, i.e. a degree from an internationally recognised university and the major part of his/her professional experience from assignments within several developing as well as developed countries working for recognised international consultants. ‘National TA’ means TA with a background in the Recipient Country or another developing country in its region.
The specification of the tasks of the TA team and the requirements to be assessed in the tender are outlined in the next sections.
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Scope and Tasks of the Technical Assistance 4.1 Scope of the NRM support for institutional development The scope of the services provided by the Technical Assistance team includes the following functions: Institutional Capacity Development: o Provide technical support to NRM partners on the strategic and institutional development, and operational management. o Assist in the identification and establishment partnerships and other collaboration with GoK institutions and non-state partners in the private sector and Civil Society Organisations (CSOs) o Assist in identifying, monitoring, and reporting of indicators in an M&E system, and collection and dissemination of information. Technical Support: o Provide relevant and high quality technical support in the respective field of expertise of the TA. o Contribute to an effective transfer of technical skills to relevant counterparts. o Provide technical assistance in achieving the NRMP outputs/outcomes in collaboration with counterparts. o The TA is available on request for all the NRM partners in all of the subcomponents/components. TA Management Support by the Company Team Leader: o Reporting by the company on finances and progress o Managing the procurement of ST TA for support to the NRMP and ensuring that the agreed services are delivered. o Monitoring and reporting of LT and ST TA performance. Assess the effectiveness of the TA for institutional capacity development. o Establish close working relations and communicating lines between the other NRMP Components/Sub-Components, as well as other donor-funded support The company may operate part of the TA management support activities from a Company Office in Nairobi; with a NRMP liaison facility of a Kenyan partner or one of the NRMP institutions (the approach to programme management is part of the technical proposal). For further detail reference is made to the NRMP documents (November 2009). 4.2 Principles of the TA input The TA team will operate from the following principles: The role of all advisors is to provide technical assistance. The only management tasks are related to the company contract.
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The advisors will work as technical partners at the appropriate level in the relative institutions. The appropriate level is not necessarily the highest but where the impacts of the TA can be most effective. This could be with a team of mid- and senior-level officials. The LT and ST advisors will have designated counterparts in the institution where they are based. The LT advisors will have annual performance contracts according to the annual work plans for TA agreed with the counterparts and reviewed annually. The performance contracts prepared with the GoK institutions will further specify the job functions of the advisors. RDE will be part of the annual performance reviews to ensure that the performance is in line with the NRMP objectives. The technical advisors will not have direct decision making authority regarding the NRMP grant that is routed through the GoK Treasury. The budget for activities and work plans is part of the MEMR work plan and the TA shall contribute with technical and management advice in this regard. The approval is with the PSC and the responsibility and decision making is with the NRMP partner institutions according to their work plans and budgets. Indicative time allocation for long term TA inputs TA positions
Technical Assistance to host institution
1) Environmental Policy Advisor 2) Environmental Management Advisor & Company Team Leader 3) Climate Change Policy Advisor
75 %
TA to other Components / Subcomponents 20 %
TA-Management / Reporting Company contract 5%
75 %
10 %
15 %
75 %
20 %
5%
4.3 Tasks of the TA team positions 4.3.1
Environment Policy
The tasks of Environmental Policy Advisor include technical support on environmental policy issues. The advisor is based at the Directorate of Environment of MEMR and will on a daily basis be working closely with a designated counterpart at the director level or above. MEMR nominates the counterpart to the advisor. The job functions include: Technical Support: The advisor will work with the technical staff of MEMR as the technical advisor for the Permanent Secretary (PS) and the Environment Secretary on strategic and operational management issues relating to environmental policy mainly in MEMR. The technical support within the Directorate of Environment will be specified in the MEMR strategic plan and annual work plans.
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The advisor is available on demand as a technical adviser for other components/sub-components of the NRMP. Institutional Development: National institutional development and communication support in close cooperation with all relevant partners. Institutional support to develop capacity of the Directorate of Environment as well as the Climate Change Secretariat in MEMR (when established) according to the mandates of the ministry. Support to developing monitoring and evaluation systems within MEMR. Intergovernmental tasks: Support MEMR’s efforts to enhance coordination between GoK agencies and also with development partners within the Environmental Sector. Assist in the identification and establishment of close working relations and communicating lines between the other NRMP Components/Sub-Components, as well as other donor-funded support The budget for NRMP activities is an integrated part of the MEMR work plan. The advisor has no role in decision making on the content of the work plan, but shall contribute with technical and management advices. The approval is initially with the PSC and then with MEMR when the work plans and budgets are approved. Company contract management and reporting: Reporting on TA performance and progress to the Company Team Leader. 4.3.2
Environment Management Advisor and Company Team Leader
The tasks of the Environmental Management Advisor include technical support on environmental management issues. The position is also the Company Team Leader for the technical assistance contract and will cover the management of the ST TA procurement and support to programme level reporting for the TA contract. The advisor is based at NEMA and will on a daily basis be working closely with a designated NEMA counterpart at the director level or above. NEMA nominates the counterpart to the advisor. The job functions include: Technical Support: The advisor will work with the technical staff of NEMA as the technical advisor for the NEMA management and Director General on strategic and operational management issues relating to NEMA in particular related to the mandates of NEMA under EMCA (Environmental Management and Coordination Act). The technical support required within environmental management will be specified from the NEMA strategic plan and annual work plans in annual work plans for the advisor. Technical support to other components/sub-components of the NRMP if requested. Institutional Development:
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Institutional development support, transfer of skills and technology support in close cooperation with all relevant partners. Support to developing and implementing the monitoring and evaluation systems for NEMA and other management and dissemination of environmental information. Inter-governmental tasks: Assist in the implementation of the NEMA strategic plan including support to establish partnerships and to decentralisation and collaboration with local government institutions. The budget for NRMP activities is integrated in the NEMA work plan. The advisor has no role in decision making on the content of the budget and work plan, but shall contribute with technical support. The approval of budgets and work plans is initially with the PSC and then with NEMA after PSC approval. Company contract management and reporting: Reporting by the company on finances and progress Managing the procurement of ST TA for support to the NRMP and ensuring that the agreed services are delivered. Monitoring and reporting of long and short term TA performance. Assess the effectiveness of the TA for institutional capacity development. 4.3.3
Climate Change Policy Advisor
The tasks of the Climate Change Advisor include technical support on climate change policy and strategy issues within the NRMP. The adviser will be based at the Environment and Climate Change Unit (ECCU) of the Office of the Prime Minister (OPM). The counterpart for the advisor is expected to be the ECCU Director (this position is not yet filled). The job function includes: Technical Support: The advisor will work with the staff of ECCU / OPM as well as in the MEMR and NEMA on matters related to climate change policy and strategy and environmental coordination. The advisor is based in ECCCU / OPM but will also be available for substantial part (about half of the time) to other NRM programme components and in particular the sub-components with MEMR and NEMA. Support the development of coordination among Government Ministries and Departments and agencies in the cross-cutting areas of climate change and environmental mainstreaming. Support studies and other activities as may be requested by the Prime Minister, the Permanent Secretary (OPM) and/or Director of ECCU. Assessing the impact of the OPM and its activities on mainstreaming Environment and Climate Change and provide appropriate recommendations and follow up. To develop briefs on issues that would require the articulation and promulgation of relevant policy issues on climate change and environment to ECCU for briefing of the OPM. Institutional Development:
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Institutional development support, capacity building and technology support in close cooperation with all relevant partners. To build capacity of the ECCU staff on strategy, policy development and implementation, towards the achievement of Vision 2030. Upon request support the ECCU to liaise with the other Government Ministries and departments for effective supervision and mainstreaming of environment and climate change. To ensure that the ECCU counterparts can brief the Prime Minister and the PS (OPM) effectively on all matters related to the coordination and supervision of Government Ministries and Departments in the areas of environment and climate change policy mainstreaming. Inter-governmental tasks: Technical support to ECCU / OPM activities related to the overall implementation of the NRM programme. The budget for NRMP activities is an integrated part of the ECCU / OPM work plan. The advisor has no role in decision making on the work plans or budgets, but shall contribute with technical support during the preparation. The decision making is with the PSC and subsequently with ECCU / OPM when the work plans and budgets are approved. Company contract management and reporting: Reporting on TA performance and progress to the Company Team Leader. 4.3.4
Specified short term technical assistance (ST TA)
The TA package includes two Short Term TA positions (‘monitoring & evaluation’ and ‘environmental economic/finance incentives’). These are fielded before March 2011 and completed during the first six months of the contract. The specified ST TA will be available before the procurement model for ST TA is expected to be operational. The ST TA inputs are specified further below and in specific ToR (to be developed). 4.3.5
Pool (unspecified) of short term technical assistance (ST TA)
The ToR outlines the modalities for the procurement and management of the TA. The purpose of the modality for ST TA procurement is: To achieve efficient ST TA procurement. The TA procurement shall harmonize and align the ST TA engagement of NRMP under one umbrella for simple procurement and quick delivery of ST TA. To ensure transparency and accountability of the process of selection and engagement of short term consultants by relevant NRMP partners and stakeholders. To reduce the management load for NRMP partners and the RDE for ST TA contract procurement and management. To separate the procurement and technical management of ST TA contracts. The ST TA procurement can be accessed by all components of the NRMP as agreed by the GoK programme partners and RDE, and decided by the PSC. This further includes public access (for example, web based) to relevant documentation, e.g. for the call for proposals, notification of the selected teams, real time overview of ongoing assignments and produced results.
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Terms of Reference Qualification and Competencies of the TA team Position 1: Environmental Policy Adviser based at MEMR (36 months) Position 2: Environmental Management Adviser and Company Team Leader based at NEMA (48 months) Position 3: Climate Change Policy Advisor based at OPM (36 months) Position 4 and Position 5: ST TA (two times 2.5 months) There are no specific requirements regarding nationalities of the TA team. 5.1 Composition of the TA team: Qualifications of the proposed team The TA team shall cover the following competencies: Position 1: Environmental Policy Advisor based at MEMR (36 months) General requirements: An advanced university degree (minimum Master’s degree) in economics, international/development planning, natural science or social science. Several years of professional experience with livelihoods, natural resource management and environmental aspects in multi-stakeholder processes in developing countries. Experience with the preparation and implementation of development programmes for Danida and other development organisations. Previous experience with Danida Aid Management Guidelines and Danida decentralised aid management procedures as practised at the country level is preferred is an advantage. Proven experience in high level policy/strategic advice and managing multi-disciplinary consultancies funded by international lenders or development partners. Experience in programme management. High level of proficiency in English language use (native language or for non-native a recognised language test score like IELTS (http://www.ielts.org)). Specific experience: Several years of experience at senior management level, in the development and implementation of institutions and systems for environmental policy, including monitoring and reporting of programme and TA performance. Documented successes and experience with environmental and climate policy and strategy development and implementation in developing countries. Experience from developing countries: Work experience from developing countries is required. Work experience from East Africa an asset.
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Position 2: Environmental Management Advisor and Company Team Leader based at NEMA (48 months): General requirements: An advanced university degree (minimum Master’s degree) in economics, international/development planning, natural science or social science. Several years of professional experience. Experience from an environmental ministry or environmental protection agency at senior level is preferable. Experience from development cooperation programmes. Proven experience in preparing work plans, result by management, performance monitoring programmes, and progress reporting. High level of proficiency in English language use (native language or for non-native a recognised language test score like IELTS (http://www.ielts.org)). Specific experience: Experience as a Team Leader in managing development programmes. Recent experience is preferred. Proven experience in procuring specialist environmental services. Several years experience at senior management level including recent experiences, in the development and implementation of institutional and system development for environmental management development and implementation, including monitoring and reporting. Experience with environmental economics and financing, economic incentives for environmental regulation, management, regulation, EIA, communication methods or application of environmental education in developing countries. Documented successes and experience with environmental management and strategy development and implementation in developing countries. Experience from developing countries: Work experience from developing countries is required. Work experience from East Africa an asset. Position 3: Climate Change Policy Advisor based at OPM (36 months): General requirements: An advanced university degree (minimum Master’s degree) in economics, international/development planning, social or natural science. Several years of professional experience. Experience from non state institutions (research, private sector or international NGOs) will be an advantage. Experience from development cooperation programmes. Experience with climate change and development programmes and advantage. Proven experience in preparing work plans, performance monitoring programmes, and progress reporting High level of proficiency in English language use (native language or for non-native a recognised language test score like IELTS (http://www.ielts.org)).
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Specific experience: Several years of experience including recent experience with research, analytical assessment and policy advice to developing countries for climate change economics, risk management, screening and adaptation including monitoring and reporting at international level. Demonstrated technical competency across a range of climate change issues in developing countries including development and implementation of institutional and capacity development Documented successes and experience with climate change policy and strategy development and implementation in developing countries. Experience from developing countries: Work experience in developing countries is required. Work experience from East Africa an asset. Minimum general requirements for all short term TA (specified and pool): General requirements: An advanced university degree (minimum Master’s degree) in economics, international/development planning, natural science or social science. Several years of professional experience including relevant experience from recent years. Experience from non-state institutions (research, private sector or international NGOs) will be an advantage. Experience from development cooperation programmes. Position 4: M&E Specialist (short term) (2.5 months) Specific experience: Working experience with developing, verifying, piloting and implementing M&E systems and indicators at national and local as well as programme level sharing. Three substantial M&E assignments in the past five years. Position 5: Environmental Economics/Finance Specialist (short term) (2.5 months) Specific experience: Working experience with environmental economics, sustainable environmental finance and incentives for changed use of resources and the environment. Three substantial environment economics or sustainable environmental finance related assignments in the past five years.
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