Request for Tender (Rft) for Research Project Into

Request for Tender (RfT) for Research project into

Direct Provision

The Equality Authority and the Irish Human Rights Commission (“IHRC”) invite tenders for a Research Project into Direct Provision.

1Background

Established under the Human Rights Commission Acts 2000 & 2001, the Irish Human Rights Commission (IHRC) has a wide ranging remit to promote and protect human rights as defined in international agreements to which Ireland is a party and in the Irish Constitution.

In 2011, Alan Shatter TD, Minister for Justice, Equality and Defence announced the merger of the IHRC and the Equality Authority to form a single new body, the Irish Human Rights and Equality Commission (IHREC). The Scheme of the Irish Human Rights and Equality Commission (IHREC) Bill was published in 2012 and legislation establishing the new Commission is expected in 2014.

As part of a wider review into the direct provision system, tenders are being sought for a research project into the length of processing of asylum claims for those in the Direct Provision system.

2 Outline of the Research

The successful contractor will be required to prepare a report that should take account of:

• the international human rights law and practice ratified by the State including the Convention relating to the Status of Refugees and its 1967 Protocol, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the Convention Against Torture and Cruel, Inhuman Or Degrading Treatment or Punishment, the Convention on the Rights of the Child;

• Domestic law and practice having regard to the rights under the Constitution, the Refugee Act 1996 as amended, the Immigration Act 1999 as amended and relevant Ministerial guidelines and circulars;

• The law and practice relating to judicial review applications including the list system, applications for liberty to apply, applications, timeframes, backlog, standards of proof, delay, relevant rules of court.

The successful contractor will be required to prepare a report that records and examines

• the timeframes for processing asylum claims in the State for the period 2007-2014 having regard to: a) applications to the Refugee Applications Commissioner, b) appeals to the Refugee Appeals Tribunal and c) applications for judicial review of negative decisions taken. The research should also take into account average processing times for requests to the Minister for humanitarian leave to remain.

• the proposals under the Immigration Act 2008 to streamline procedures.

• the pressures on the Courts Service and the Courts dealing with the backlog and the relative priority afforded in resource allocation to judicial applications from those in direct provision vis-a-vis other judicial review lists.

3Timeframe and Process

Tenders are invited for the above research project. It is envisaged that the successful applicant will undertake the work and produce the required outputs by 30 June 2014.

Important: The Following are protocols to be observed when undertaking external research for the IHRC (“Contracting Body”).

•A contract setting out the agreement between researchers and the Contracting Body will govern the production and completion of external research. This contract will contain a timetable for delivery of the research.

•The Contracting Bodywill set clear goals and timetables on the completion of tendered research within the agreed timeframe as set out in the contract of service. Failure to meet agreed timeframes may result in non-payment for the service.

•Where it becomes necessary to revisit the terms of the tendered research (e.g. because of a material change in the applicable law or policy under review), that process will be undertaken by the Contracting Body. The researcher is under an obligation to keep the Contracting Bodyinformed of any changes which may affect the substance of the commissioned work or its timetable for delivery. The researcher is also under an obligation to inform the Contracting Body should the costs of undertaking the research increase prior to the commencement of the relevant research.

•The Contracting Body generally expects to see a draft of external research before it is submitted for approval to the Commission.

•If the Contracting Bodyis not satisfied that the tender requirements have been reached the researcher will be requested to re-draft the work to meet the agreement previously made and no additional payment will be made to the contractor in relation to any such additional work required.

•All research undertaken on behalf of the Contracting Body belongs to the Contracting Body.

•The Contracting Body retains the discretion to publish, in the format of its choosing research which has been undertaken by external researchers. Generally, the Contracting Bodywill seek to liaise with the researcher and agree the format and content of publication, subject to the overriding right of the Contracting Body to provide a forward of its views on documents which appear bearing the Contracting Bodyofficial position(s).

•The Contracting Body may decide not to publish or to partially publish research which has been undertaken by external researchers. Such research may be used in-house and remains the property of the Commission.

•The Contracting Bodycan, in agreed circumstances, agree to have research which has been conducted on its behalf published by the external researcher in his/her own name. Such research will generally not be published under the logo of the Commission. The researcher will agree the format and placing of such research with the Contracting Body. Generally, the role of the Commission in facilitating the research work should be acknowledged.

4Submission of tenders

Responses are by email only and should be sent clearly marked “IHRC Direct Provision research tender”. Responses shall be submitted not later than 12 noon on 6 March 2014 to Mr David Carolan at

Tax clearance and withholding tax

The successful proposer and all subcontractors appointed must provide current and valid tax clearance certificates. Withholding tax will also be normally deducted from payments for IHRC work.

5 Format of Tenders

The Contracting Body is committed to commissioning high quality and methodologically robust research studies.

Responses are sought from those with demonstrable experience in delivering previous high quality research projects on time and within budget. Responses to this research request are being sought by way of an open competition. If you are interested in undertaking this work, please send your proposal to the contact address on no more than 4 x A4 pages demonstrating the following:

1)Clear statement of how and who will carry-out the research (including profiles/ CVs detailing relevant experience and previous similar work undertaken), timeframe, clear objectives, framework and approach.

2)Indication of your intended methodology including what data you propose to collect, how you propose to do so and information in relation to any proposed interviews, questionnaires etc.

3)Project Budget: Breakdown of all costs for this research, the quotation provided must be inclusive of all costs.

4)An excellent working knowledge of the subject matter.

5)Names of two referees that can be contacted directly– the inclusion of names of previous or current clients will be taken as permission to contact them unless expressly indicated otherwise.This tender will be awarded on the basis of a fixed price. All costs must be quoted in Euros and be exclusive of Value Added Tax. The statement of cost must provide a single amount that includes all costs and expenses other than VAT. Appendix II – Declaration as to Personal Circumstances of Tenderer.

6Information supplied binding

Information supplied by tenderers will be treated as contractually binding. However, the Contracting Body reserve the right to seek clarification of any such information.

7 Confidentiality of information

The Contracting Body undertakes to use their best endeavours to hold confidential any information provided by tenderers in response to this RFT, subject to obligations under law, including the Freedom of Information Act, 1997 and 2003. Please note that, in response to a request under the Freedom of Information Act, information not identified as sensitive (with supporting reasons) could be released. Therefore, in responding to this RFT, you should identify the specific information which you do not wish to be disclosed, stating the reasons for its sensitivity. The Contracting Body will consult with you about this sensitive information before making a decision on any Freedom of Information request received. The final decision on disclosures rests with the Office of the Information Commissioner.

8 Preparation Costs

The Contracting Body will not be liable in respect of any costs incurred by suppliers in the preparation of tenders or any associated work effort.

9 Proof of Delivery

Tenderers are requested to make their own arrangements to obtain proof of delivery of the tender, by, for example, obtaining a receipt. Tenders which are delivered late will not be considered.

10 Evaluation of Tenders

Tenderers to whom any of the circumstances listed in paragraph 1 and 2 of Article 45 of EU Council Directive 2004/18/EC (co-ordinating procedures for the award of public works contracts, public supply contracts and public service contracts) apply will be excluded from this competition. The said circumstances are outlined in Appendix I below. The suitability of tenderers not so excluded will then be checked by reference to the supplier's financial and economic standing and technical capacity in accordance with the said Directive.

Tenderers should include in their tender document a completed Appendix II - Declaration of Personal Circumstances of Tenderer which sets out where they stand in relation to the Directive.

Tenders not so excluded will be initially evaluated by reference to the following qualification criteria:

(a)completeness of tender documentation (including completed Appendix II)

(b)stated ability of tenderer to meet the requirements set out in this RFT.

Only those tenders who meet both of the above qualifying criteria will be eligible for inclusion in the award process.

The contract will be awarded on the basis of the most economically advantageous tender applying the below criteria.

11 Award Criteria

The contract will be awarded to the most economically advantageous tender that the Contracting Body considers to have most closely met the RfT requirements for the contract assessed on the basis of:

Merit and Quality of the Overall Proposal (250/1000)

• Quality, clarity and comprehensiveness of proposed approach in meeting the requirements set out in this RfT.

Quality of Service Delivery (300/1000)

• Suitability of tenderer to meet the requirements of this Tender.
• Demonstrable experience in delivering previous high quality robust research projects on time and within budget.
• Demonstrated understanding of human rights and equality and the work of statutory bodies.

A clear and workable methodology (200/1000)

• Precise description of how it is proposed that data for the research will be gathered
• How your working knowledge of the subject matter will inform the research methodology.

Costs (250/1000).

12 Maximum

The contracting authority will pay up to a maximum amount of €15,000 (ex-VAT) for the supply of the services specified in this contract. However this is not a commitment by the Contracting Authority, and it does not place any obligation on the contracting authority to pay this maximum amount.

13 The lowest tender or any tender may not be accepted

The issue of this RfT does not imply that the lowest tender or any tender will be accepted.

14 Applicable laws

The Irish Human Rights Commission asks all respondents to ensure and confirm that they are compliant with all applicable laws including employment and taxation law (as required above) and that they have regard to statutory terms relating to minimum pay and to legally binding industrial or sectoral agreements and that the laws of Ireland apply in other matters such as official secrets, data protection and health and safety.

15 Additional general conditions

Additional general conditions applying to the tendering process are set out in the Appendices. Tenderers should include in their tender document a completed Appendix II - Declaration of Personal Circumstances of Tenderer which provides a declaration of non – alignment with entities or interests that could compromise objectivity.

Appendix I

Extract from Article 45, Paragraph 1 & 2 of EU Council Directive 2004/18/EC of 30th April 2004 – (co-ordinating procedures for the award of public works contracts, public supply contracts and public service contracts).

Article 45

1. Any candidate or tenderer who has been the subject of a conviction by final judgment of which the contracting authority is aware for one or more of the reasons listed below shall be excluded from participation in a public contract:

a)participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA(20);

b)corruption, as defined in Article 3 of the Council Act of 26 May 1997(21) and Article 3(1) of Council Joint Action 98/742/JHA(22) respectively;

c)fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities(23);

d)money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering (24).

2. Any economic operator may be excluded from participation in a contract where that economic operator:

a)is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;

b)is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;

c)has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;

d)has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate;

e)has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;

f)has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;

g)is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information.

Appendix II: Declaration as to Personal Circumstances of Tenderer

Re: Request for Tenders for IHREC research into Direct Provision.

Name of Tenderer:______

Address:______

______

______

I/We declare that none of the circumstances listed in paragraph 1 and 2 of Article 45 of EU Council Directive 2004/18/EC (co-ordinating procedures for the award of public works contracts, public supply contracts and public service contracts) apply.

I/we do not have any alignment with entities or interests that could compromise objectivity.

I understand and acknowledge that the provision of inaccurate or misleading information in this declaration may lead to my business/firm/company/partnership being excluded from participation in this or future tenders, and I make this solemn declaration conscientiously believing the same to be try and by virtue of the Statutory Declarations Act, 1938. This declaration is made for the benefit of the Contracting Authority.

Signature of Declarant:______

Name of Declarant:______

(in print or block capitals)

Date:______