JUVENILE JUSTICE AND WELFARE COUNCIL Tender

Description The Juvenile Justice And Welfare Council (jjwc), Through The Advocacy And Communication Division (acd), Intends To Apply The Sum Of Five Hundred Thousand Pesos (php 500,000.00) As The Approved Budget For The Contract (abc) Chargeable Against The Jjwc Unicef Funds For The Hiring Of Consultancy Services For The Finalization Of Training Manual And Guidebook On Diversion For Prosecutors I. Rationale Diversion Is Essentially Restorative Justice Operationalized. It Is The Proximate Application Of Restorative Justice Principle Where The Victim, Child In Conflict With The Law (cicl), And The Community Play An Active Role In Healing Broken Relationships And Compensating Damages Brought By The Offense Committed. Section 4 (j) Of Republic Act No. 9344 As Amended Defines “diversion” As “an Alternative, Child-appropriate Process Of Determining The Responsibility And Treatment Of A Child In Conflict With The Law, On The Basis Of The Child’s Social, Cultural, Economic, Psychological Or Educational Background, Without Resorting To Formal Court Proceedings.” Rule 43 Of The Revised Implementing Rules And Regulations (riir) Of Ra 9344 As Amended States That Diversion Process Shall Be Centered On The Restorative Approach, And As Far As Applicable, Shall Use Restorative Justice Processes, Which May Include But Not Limited To: (a) Victim Offender Mediation; (b) Community And Family Group Conferencing; (c) Circle Sentencing; (d) Peacemaking Circles; € Reparative Probation And Community Boards And Panels; (f) Existing Community Accepted Justice Practices That Embody Restorative Justice. This Principle Requires The Involvement Of The Victim, The Parents Of The Cicl, The Local Duty Bearers, And The Community In The Process Of Resolving The Conflict, Teaching The Cicl About The Accountability And Making Him/her Accountable, Providing Intervention To The Child And The Family To Rehabilitate And Successfully Reintegrate The Child To The Community And Prevent Reoffending. Republic Act (ra) 9344 As Amended Directs The Use Of Diversion As An Essential Part Of The Philippine Child Justice System, Serving As Mandatory Intervention For Certain Categories Of Cicls And As A Child-appropriate Alternative Measure To Detention. Section 23 Of The Revised Irr Requires Cicl To Undergo Diversion Proceedings If He Or She (a) Is Above Fifteen (15) Years But Below Eighteen (18) Years Of Age; (b) Acted With Discernment; And (c) Allegedly Committed An Offense With An Imposable Penalty Of Not More Than Six (6) Years Of Imprisonment If Diversion Is Conducted At The Barangay, Police Or Prosecutor’s Level; And Not More Than Twelve (12) Years Of Imprisonment, Diversion Is Resorted To By The Court. The Use Of Diversion Has Been Institutionalized In Family Courts And Designated Regional Trial Courts And At The Barangay Level. The Supreme Court Committee On Family Courts And Juvenile Concerns (sc Cfc0jc), In Partnership With The Philippine Judicial Academy (philjia) And The Juvenile Justice And Welfare Council (jjwc), Continuously Capacitates Judges And Court Personnel On Diversion And Alternatives To The Detention Through The Outcom-based Education Training On The Juvenile Justice (obet-jj). At The Barangay Level, A Diversion Toolkit For Barangay Officials Was Cascaded In 2019. Good Practices And Success Stories Have Been Documented From Across The Country Proving The Effectiveness Of Diversion As A Form Of Intervention. Nevertheless, Despite The Strong Legal Framework And Success Stories, Diversion Is Not Widely Practice Among Duty-bearers. The 2022 Coram International Study, “an Assessment Barriers To The Use Of Diversion Among Prosecutors” Noted The Limited Practice Of Diversion Among Prosecutors And The Tendency To Have A More Retributive Understanding Of Child Justice. The Results Of The Study Echoed The Findings Of The 2015 Universalia Study On The “evaluation Of The Intervention And Rehabilitation Program In Residential Care Facilities And Diversion Programs For Cicl.” The Study Reported That Duty-bearers Under The Philippine Child Justice System, Including The Prosecutors, Exhibited Low Level Of Awareness And Capacity To Conduct Diversion. Likewise, The Results Of The Trainings Needs Assessment Conducted By Jjwc Among Social Workers, Law Enforcement Officers, Pao Lawyers, Prosecutors And Other Court Duty Bearers Revealed That Majority (90%) Of Them Have No Experience In Facilitating Diversion Proceedings Or Have Attended Or Participated In Such Activities. The Participants Recognized The Gap Between Their Existing Capability And The Skills Required In Designing Individualized And Rights-based Diversion Program For Cicl And In Monitoring The Implementation Of The Same Program. In A Consultation Meeting Between The Doj, Jjwc And Consuelo Foundation On March 03, 2023, The Doj National Prosecution Service (nps) Acknowledged The Need To Strengthen The Capacity Of Prosecutors On Diversion. The Nps’ Training Program In Handling Child-related Cases, Including The Learning Management System (lms) Developed In Partnership With Consuelo Zobel Foundation, Has No Module On Diversion. The Proposed Collaboration Thus Between The Doj, Jjwc, And Consuelo Foundation Focuses On The Development Of A Training Manual On Diversion To Institutionalized And Strengthen The Use Of Pre-charge Diversion At The Prosecutor’s Level Through In Person Training And Including A Module On Doj Learning Management System. This Initiative Also Supports The Concluding Observations During The 2022 United Nations Convention On The Rights Of The Child (un Crc) Philippine Report Which Highlighted The Need To Promote Diversion For Children Accused Of Offenses From The Earliest Opportunity After The Child Comes Into Contact With The Criminal Justice System. The Uncrc Recommendations Specifically Underscored The Use Of Pre-charge Diversion As Vital Part Of The Philippine Child Justice System. Ii. Updates On The Project In 2023, The Preparatory Activities For This Project Were Completed. A Technical Working Group Was Created. These Were Composed Of Representative From The Department Of Juscitce Twg On Women And Children, Jjwc, And The Consuelo Foundation. Likewise, To Ensure That The Twg Members Are Equipped With The Basic Knowledge Of Diversion, Restorative Justice, And An Overview Of The Prosecutor’s Manual On Cicl Cases, An Orientation Was Conducted In September 2023. The Consuelo Foundation And Unicef Philippines Funded A Consultation Workshop Aimed At Drafting A Training Manual And Diversion Guidebook. The Workshop Was Held From December 11-15, And Attended By Member Prosecutors Of The Technical Working Group (twg), Pao Lawyers, And Lgu Duty-bearers. The Activity Resulted In A Draft Training Manual And An Enhanced Diversion Guidebook. These Materials Will Undergo Pilot Testing And Finalization This Year. This Year, The Draft Training Manual Was Pilot Tested On March 16-20, 2024 By Twg Members, Who Are Expected To Serve As Trainers, Resource Persons, And Facilitators To Improve The Manual Further. The Pilot Test Results Will Be Integrated In To The Manual. Twg Members, Who Will Act As Resource Persons And Facilitators, Will Execute The Manual And Conduct A Pilot Test For Selected Non-twg Prosecutors From Luzon, Visayas And Mindanao This Third Quarter. Also, The Twg Members Will Pilot-test The Enhanced Guidebook In Their Respective Offices. They Will Facilitate And Monitor An Actual Cicl Case That Is Eligible For Diversion In The Prosecutor’s Office. The Guidebook Will Be Used By The Twg Members To Assess The Efficiency And Effectiveness Of The Diversion Proceedings, As Well As The Design And Implementation Of The Cicl’s Diversion Programs. The Results Of The Pilot Testing, Including Monitoring The Implementation Of The Diversion Programs, Will Be Documented For The Finalization Of The Guidebook. Furthermore, The Training Manual And Guidebook On Diversion For Prosecutors Will Be Finalized Based On The Results Of The Pilot Testing. These Documents Will Then Be Presented To The Council Members For Approval. Once Approved The Manual And Guidebook Will Be Forwarded To The Doj For Adoption And Issuance Iii. Objectives Of The Project The Project Generally Aims To Enhance The Capacity Of Prosecutors In Handling Cases Of Children In Conflict With The Law (cicl), With Special Focus On Conducting/facilitating Diversion, Using The Outcome-based Education Framework. To Achieve This, Jjwc Will Collaborate With Doj-nps To Accomplish The Following Specific Objectives And Outputs: 1. Finalize The Training Manual And Guidebook On Diversion To Capacitate Prosecutors In Conducting/facilitating Diversion Proceedings And In Drafting/designing, Implementing And Monitoring Diversion Program For Cicls. 2. Organized A Pool Of Specialized Trainers And Experts On Diversion Who Will Cascade The Prosecutor’s Manual In Handling Cicl Cases To Prosecutors At The Regional And City/municipal Levels; And 3. Capacitate Prosecutors On The Use Of Diversion For Qualified Cicls As Required Under The Jjwa And The Prosecutor’s Manual In Handling Cases Of Cicls Iv. Purposed Of The Consultancy The Consultant Will Be Responsible For The Following A) Finalized The Training Manual And Guidebook On Diversion That Will Guide For Prosecutors To Perform Their Role/functions During The Conduct Of Diversion. B) Design And Package The Training Manual And Guidebook Based On The Inputs Of The Twg Members. C) Guidebook Content Must Be Infographics Or Popularize. D) Facilitate The Conduct Field Testing And Finalization Of The Diversion Guidebook. E) Submit Program Design And Facilitate The Pool Of Specialized Trainers And Experts/soft Launching/pilot Testing Of The Training Module. F) Submit Final Training Manual And Guidebook On Diversion For Management’s Approval. V. Expected Outputs: Diversion Guidebook And Training And Facilitator’s Module For Prosecutors Vi. Qualifications Of Service Provider The Following Set Of Criteria Shall Be Observed In Selecting The Qualified Service Provider: Criteria Percentage • At Least 10 Years Of Related Professional Experience And Expertise In The Practice And Interpretation Of Laws Preferably On Diversion And Mediation Process 30% • Relevant Experience And Expertise In Policy And Program Development In The Field Of Child And Youth Welfare, Protection And Has Undertaken Similar Work Engagements 30% • The Excellent Writing And Analytical Skills 10% • Very Good Understanding Of Ra 9344 As Amended, Its Revised Irr And All Relevant Policies Of The Jjwc And Its Member And Coordinating Agencies 30% Total 100% Passing: 85% Vii. Role Of Jjwc • Organized Preparatory And Consultation Meetings, Field Testing And Soft Launching; • Provide The Consultant With All Relevant Reference Materials And Documents Identified As Components Of The Training Manual And Guidebook; • Provide Consultant With All Relevant Documents; • Review Draft And Final Version Of The Training Manual And Guidebook; • Monitor And Ensure Timely Submission Of Deliverables Viii. Deliverables And Timelines Deliverables Target Date A. Secretariat Meeting With The Consultant 5 Days After The Acceptance Of The Notice To Proceed B. Twg Meeting For The Conduct Of The Soft Launching Of Modules July 2024 C. Field Testing Of Diversion Guidebook July To August 2024 D. Documentation Of Field Testing Of Diversion Guidebook July To August 2024 E. Submission Of Diversion Guidebook Integrating The Results Of Field Testing September 2024 F. Soft Launching Of Training Module October 2024 G. Submission Of Pre-final Diversion Guidebook Integrating The Results Of The Soft Launching October – November 2024 H. Submission Of Diversion Guidebook And Training Module To Oed For Review, Comments And Approval December 2024 Ix. Payment Of Remuneration: Deliverables Date Of Payment (2024) Amount Tranche 1. Submission Of Revised Diversion Guidebook Integrating The Results Of The Field Testing September 40% Of The Contract Amount 1st 2. Conduct Of Soft Launching/pilot Testing Of The Training Manual And Guidebook October 30% Of The Contract Price 2nd 3. Submission Of Final Draft Of Training Manual And Guidebook Incorporating The Results Of The Soft Launching And Comments From The Council Members December 30% Of The Contract Price 3rd In View Of These, The Jjwc Now Invites Interested Consultants To Bid In This Procurement And Submit The Following: 1. Letter Of Expression Of Interest Addressed To The Bids And Awards Committee Chairperson 2. Eligibility And Technical Documents: A) Updated Mayor’s Permit If Consultancy Firm Or Bir Certificate Of Registration If Individual Consultant B) Philgeps Registration No. C) Curriculum Vitae/resume 3. Other Documents That May Be Necessary In The Evaluation: - Company Profile If Consultancy Firm - Statement Of On-going And Completed Contracts - Technical Proposal Or Sample Previous Work Similar To The Project 4. Financial Proposal Inclusive Of Applicable Taxes And Fees Please Submit The Aforementioned Documents In A Sealed Envelope Stating The Title And Number Of The Procurement Activity At Jjwc Bac Secretariat, #140 Maginhawa St., Sikatuna Village, Diliman, Quezon City Or Send Through Email At Mycachero@jjwc.gov.ph Copy Furnish Procurement@jjwc.gov.ph On/or Before 26 July 2024 At 12:00 Noon Or The Latest Update Of Deadline Specified In The Notice At Philgeps. The Consulting Services Shall Be Procured Through Small Value Procurement Pursuant To Section 53.9 Of The Implementing Rules And Regulations (irr) Of The Republic Act No. 9184 (government Procurement Reform Act) And Proposals Shall Be Evaluated Through Quality Based Evaluation (qbe) Method. Esmeralda H. Distor Chairperson Bids And Awards Committee Juvenile Justice And Welfare Council C/o Bac Secretariat #140 Maginhawa Street, Sikatuna Village, Quezon City Tel: (02) 8921-0565