Terms of Reference
No .: 435.01.2024-CON2
Products / services required: Design and implementation of training and accompaniment to employers in the automotive sector for the implementation and proper fulfillment of the labor rights set forth in Chapter 23 of the T-MEC and in the labor reform from 2019.
Contract type: Consulting by hour or by product
Terms of the contract: Determined by service
Geographical scope: Mexico City, State of Mexico, Guanajuato, San Luis Potosí, Chihuahua, Coahuila, Nuevo León, Querétaro, Durango, Puebla and Tlaxcala, including visits, in extraordinary situations, to other entities of the Mexican Republic.
Validity: January 26 to March 26, 2024.
one. Background
In February 2017, Mexico enacted historic constitutional reforms, which aim to transform their labor justice system into a more transparent and impartial system to effectively protect freedom of association and collective bargaining rights. In May 2019, the President of Mexico signed the necessary legislation to fully implement the 2017 constitutional reforms and prepare for the entry into force of the T-MEC in July 2020, which would include a chapter 23 for labor provisions.
Employers in Mexico’s automotive sector, particularly small and medium-sized enterprises, face notable challenges in complying with these reforms, and often do not know, with a reasonable level of certainty, your new responsibilities and obligations. Mexico’s labor reform requires changes in the structure, administration, and application of labor rights, with a focus on freedom of association; collective bargaining and the prevention of discrimination and violence in workplaces; thus aligning the country’s legislation with international standards.
2. Relationship of the TDRs with the Project “ Involve the automotive sector of Mexico in the implementation of the reform of the labor law ”
In the framework of this reform and based on article 23 of the T-MEC, the project “ Accompaniment to the automotive industry in Mexico for the implementation of the labor reform ” works to involve employers in the automotive supply chain, particularly small and medium manufacturers, in meeting new labor requirements and improving working conditions, through evidence-based awareness and capacity building that empower employers to proactively adopt work practices consistent with Mexico’s labor reforms and the requirements of the T-MEC. Initially, the project operated in the State of Mexico, San Luis Potosí and Guanajuato. During 2023, through an extension of the project, PADF increased geographic coverage to the states of:Chihuahua, Coahuila, Nuevo León, Querétaro, Durango, Puebla and Tlaxcala.
These results will be achieved through the achievement of three long-term results (LTO) that promote systemic changes in the automotive supply chain:
-LTO 1: Employers in the automotive sector supply chain have a better understanding of labor reform and a greater ability to apply the relevant provisions.
-LTO 2: Automotive sector supply chain entrepreneurs take proactive steps to strengthen dialogue in the workplace and promote productive labor relations.
-LTO 3: Employers in the automotive sector supply chain take proactive measures to prevent violations of labor law, including the adoption of new policies and procedures for compliance and correction of detected problems.
Under this perspective and taking into account the participation of different national and international actors, mainly from the United States government, these terms of reference (TdR) are presented for the hiring of expert consultants in capacity building related to labor rights derived from labor reform and the T-MEC and with experience in the automotive or private sector.
3. Description
To carry out this consultancy, it is required with at least 2 years of experience in the design and delivery of workshops, courses, theoretical-practical conferences and trainings in flexible formats (virtual or face-to-face) aimed at employers with managerial and managerial profiles of private companies and the automotive sector, oriented to the development of specific products such as policies, manuals, work plans, protocols, internal work regulations, certifications, etc. that contribute to the adequate fulfillment of the labor rights set forth in the T-MEC and to the Labor Reform of 2019. The trainings may be aimed at some of the following topics or anyone associated with the general theme of the project:
to. Freedom of association and collective labor contracts.
b. Strengthening social dialogue in the workplace.
c. Rapid Response Labor Mechanism.
d. Attention and prevention of discrimination and labor violence with a gender perspective.
and. Implementation of NOM035 in Psychosocial Risks
F. Implementation of NOMX025-SCFI-2015 in Labor Equality and Non-Discrimination.
g. Business due diligence and labor human rights
All the activities derived from the consultancies will have the support and accompaniment of the project staff and PADF Mexico, in particular the director, the project manager and the person responsible for monitoring and evaluation. Likewise, some of the partners involved in the project may participate.
The process to apply for this consultancy consists of 3 phases, in the first, the interested natural or moral person must share their professional and instructional experience in the matter, as well as your budget expectations in the following form:
4. Application form
Name of consultant or consulting company: Moral person___ Physical person___
State where they are located or place of residence:
Area (s) of specialization in relation to the themes of subsection III.
Years of experience in the areas of specialization.
Geographical coverage of the consultant or consulting company
Sectors in which his experience as a capacity trainer has been developed:
Private sector____
Private sector with emphasis on the automotive sector_____
Government sector____
Civil society organizations___
Other___________________________
Experience reporting to international organizations
Yes, mention the organisms___________________
No__
Enter 3 references from organizations with which you have collaborated.
Organization name__________
Telephone________________
Contact name____________
Contact charge______________
________
Organization name__________
Telephone________________
Contact name____________
Contact charge______________
________
Organization name__________
Telephone________________
Contact name____________
Contact charge______________
________
Other sectors and experiences
Methodologies that he applies during his intervention and training processes:
Economic rate per hour (if VAT includes add it)
Attach your CV
In the second phase, the PADF team will review the shared information and select the profiles that best suit the interests of the organization. The selected individuals or legal entities must share with PADF detailed information on the teaching methodology and process used during the instructional process for review.
After reviewing the methodological proposals received, the PADF team will select the natural or moral persons that best suit the interests of the organization and sign a contract with them, which will exhaust phase 3.
Note: People who are not selected in some of the phases will not be contacted.
5. Expected products from each training process
Product # one
Product : Methodological proposal
Description : Methodology proposed to carry out the training process in any of the topics listed above.
Estimated time of delivery: 1 to 5 days after signing the contract.
____________________________________________
Product # 2
Product : Training
Description : Training process for employers in the country’s automotive industry.
Estimated time of delivery: 5 to 25 days after signing the contract.
____________________________________________
Product # 3
Product : Support
Description : Final report delivery and support: -Power Point presentation, attendance list, pre and post analysis, photos
Estimated time of delivery: 5 to 10 days after completing the training
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6. Intellectual and property rights.
All titles, copyrights, patents or other property rights of any work directly required in or resulting from this consultancy rest with PADF. At PADF’s request, the consultant will help secure the intellectual property rights produced under these TDRs and the signed contract.
The consulting product may not be used without written authorization. Any type of reproduction, publication, dissertation or public disclosure or with third parties, by any verbal, audiovisual and / or written means of the material of the provision of its services is prohibited. If published, the respective credits will be mentioned. The contracted professional / company undertakes to maintain confidentiality regarding the process and the results of the consultancy.
7. Payment method
The form of payment will be made in accordance with what is agreed in the consulting contract proportionally. Payments will be made by international bank transfer, from PADF headquarters in Washington, DC, when delivering each product established in the terms of reference; once validated by the technical or responsible area and against the delivery of the corresponding invoice.
8. Applications and validity of TDR
Applicants may send their applications no later than March 26, 2024, through the official channels established for this purpose.
In case of clarifying questions regarding the process and the requirements of these TDRs, please direct them to the following email address:
Info-mexico@padf.org Clarifications will be sent within a period not exceeding 5 days.
9. PADF values
PADF is strong because we are diverse. We actively seek a diverse group of professionals, and encourage people with different academic backgrounds to apply. PADF does not discriminate by skills, age, gender and expression identity, nationality of origin, race and ethnicity, religious beliefs, sexual orientation, and criminal record. We welcome all kinds of diversity. Our staff and consultants include people who are and are not parents, the self-taught and the one who studied at the university, and from a wide range of cultures, languages, socio-economic backgrounds, and perspectives in the world. We encourage all those interested in participating in this call, so that they can put into practice our idea of work, regarding non-discrimination and inclusion.
10. Terms and Conditions
Award result
These Terms of Reference (TOR) do not compel PADF to execute a contract, nor do they commit PADF to pay any costs incurred in preparing or submitting proposals. Furthermore, PADF reserves the right to reject any and all offers, if such action is considered in the best interest of PADF. PADF, in its sole discretion, will select the winning proposal and is not required to share the results of the individual evaluation.
Confidentiality
All proprietary information provided by the tenderer will be treated as confidential and will not be shared with potential or existing applicants during the bidding process. This includes but is not limited to price quotes, cost proposals, and technical proposals. The results of the PADF evaluation are confidential.
How to apply
Applicants may send their applications no later than March 26, 2024, through the official channels established for this purpose.
In case of clarifying questions regarding the process and the requirements of these TDRs, please direct them to the following email address:
Info-mexico@padf.org Clarifications will be sent within a period not exceeding 5 days.
For full bidding, please visit: https://www.padf.org/procurement-opportunities/