Tender Advertisement #1069167

REQUEST FOR TENDER

Consultancy to support Pacific ACP States in the legal development, drafting and negotiation of the Pacific-EU Regional Protocol

Background

1. The ACP-EU Cotonou Partnership Agreement ("Cotonou Agreement"), the most comprehensive partnership between developing countries from Africa, the Caribbean and the Pacific (ACP) and the European Union, signed in Cotonou in 2000, expires in February 2020. It has been the framework for the EU's relations with the 79 countries of the ACP Group (including 15 Pacific ACP States ). The partnership was built on three pillars of Development Cooperation, Political Cooperation, and Economic and Trade Cooperation.

2. The Cotonou Agreement stipulates that eighteen months before the end of the total period of the Agreement, the parties shall enter into negotiations. Negotiations commenced in October 2018. The ACP Group negotiating mandate was adopted in May 2018 and the EU's directives were adopted in June 2018. In December 2018, both parties converged on the principle of the regional dimension of the Agreement being properly anchored in the main "Foundation" Agreement as Annexes in the form of regional protocols.

3. Since 2012, Pacific ACP Leaders have held a series of preparatory engagements to prepare for the post-Cotonou negotiations. At their meeting in September 2015 and in subsequent meetings, PACP Leaders agreed that PACP States (PACPs) elevate their existing relations with the EU and use the negotiations on a successor to the Cotonou Agreement as an opportunity to deepen and strengthen this relationship. PACP Leaders also reaffirmed the Forum Secretariat's role as the duly mandated regional organisation to support PACP States in the negotiations with the EU.

Purpose

4. While the negotiation of the Foundation Agreement is ongoing, PACP Leaders endorsed in February 2019 preliminary regional priorities for the Pacific-EU Regional Protocol. In defining the regional priorities, PACP Leaders took into consideration feedback received through consultations since the launch of the negotiations, the ongoing ACP-EU Foundation Agreement negotiations, existing regional frameworks (such as the Framework for Pacific Regionalism and the Blue Pacific Narrative), and emerging issues which require collective action and global cooperation. This consultancy will include the translation of these strategic regional priorities and other provisions into draft legal/treaty text, which will serve as a basis for negotiation between PACPs and the EU of the Regional Protocol.

Scope of Work

5. The consultant is expected to undertake a range of legal drafting, advice and support services, as follows:

(a) review and analyse the terms of the draft Foundation Agreement to ensure that interests of the PACP members under the Foundation Agreement and the proposed Regional Protocol are promoted and protected;

(b) provide clear articulation and formulation of the priority negotiating areas identified by PACPS;

(c) develop a PACP draft negotiating text of the Regional Protocol based on the regional priorities and instructions by PACPS and the Pacific Islands Forum Secretariat (PIFS), ensuring that the draft Regional Protocol;

(i) has a legal correlation between the terms of the draft Foundation Agreement and the terms of the draft Protocol;
(ii) includes, as appropriate, possible alternative language consistent with PACP aims and objectives;
(iii) presents alongside each of its provisions annotated notes explaining the policy issues and rationale for the proposed wording of each provision, including links, if any, between the proposed negotiating text and relevant provisions contained in relevant regional frameworks;

(d) provide legal advice and support to Pacific negotiators during the regional negotiations rounds for the Pacific and the EU to strengthen and enhance PACPS interventions;

(e) present and revise the draft Regional Protocol negotiating text to PACPS for consideration and, where required, raise other legal issues which the consultant feels may need to be considered during the negotiations;

(f) prepare legal and technical briefs where required for PACPS consideration, and as per specifications set out under the Terms of Reference (TOR), which can be downloaded from www.tenders.net/forumsec;

(g) provide regular and periodic updates, reports, and analysis of the strength of PACP positions in the negotiations, whenever requested by the PACPS;

(h) hold regular consultations with PACP Members and PIFS throughout the course of the consultancy;

(i) undertake any other task as may be requested by PACPS and PIFS, under the terms of the consultancy.

6. The Consultant will perform the tasks above under the general guidance and supervision of the PIFS Post-Cotonou and Legal teams, and will also work together with PACPS, including PACP lead negotiators and PACP representatives in the Technical Negotiating Group and Technical Negotiating Teams, and with other relevant technical agencies.

Qualifications and experience

7. The candidate must have a degree in law from a recognised university, desirably a post-graduate qualification (s) in law, in particular in the areas of legal drafting and public international law. In addition, candidates must have at least 7 years' experience in the Pacific Island Forum region, providing legal advice and research, and undertaking legal drafting, including the drafting and negotiation of regional and international agreements and treaties, legislation, and other relevant legal instruments.

HOW TO APPLY

Submissions should be entitled:

OPEN TENDER: Consultancy to support Pacific ACP States in the legal development, drafting and negotiation of the Pacific-EU Regional Protocol

Method of Submissions:

Submissions must be forwarded in PDF format following the instructions at www.tenders.net/forumsec

Note: Tenders must be submitted with clear labelling, and in two parts comprising: (A) the technical offer and (B) the financial offer. The Technical Offer documents must be saved and submitted clearly labelled "A. Technical Offer". Financial Offer documents must be saved and submitted clearly labelled "B. Financial Offer". The documents must be submitted in PDF format.

Deadline for Submissions:

Submissions must reach the Secretariat by 31 May 2019 (5:00pm Fiji time)

Late or incomplete tenders will not be considered.

Questions and Answers

All queries or request for information must be submitted via the Question and Answer Forum at www.tenders.net/forumsec. Tenderers may submit questions in writing to the mentioned Question and Answer Forum before the stated "deadline for requesting clarifications" [24 May 2019, 5:00 Fiji time]. The Secretariat has no obligation to provide clarification after this date.

Note: The Secretariat will not be responsible for non-receipt/non-delivery of the Bid documents for any reason whatsoever.

Any complaints regarding the Secretariat's tender must be directed to the following email: Tender.Complaints@forumsec.org. This email address will forward your complaint to a person that is independent and removed from the tender process. Complaints must be well founded and should not be used as a mechanism for notifying displeasure with the outcome of a tender award. Further information on making a complaint can be found on the Policies & Information page at http://tenders.forumsec.org.

In the event that further information is required by the Secretariat in relation to the tender for consultancy, the Secretariat reserves the right to seek the required information without the need for calling for resubmission of proposals.

Disclaimer: This Tender does not constitute, nor is it intended to create a binding agreement between the Pacific Islands Forum Secretariat and any Candidate, and the Pacific Islands Secretariat reserves the right to reject any and or all offers, at its discretion.