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Legal Analyst for Aidsfonds Project

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International Treatment Preparedness Coalition (ITPC)


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Published 26 days ago

October 16, 2020
October 9, 2020

Background

The International Treatment Preparedness Coalition (ITPC) is a global coalition of PLHIV and community activists working to achieve universal access to optimal HIV, HCV and TB treatment of those in need. Formed in 2003 by a group of 125 HIV activists from 65 countries at a meeting in Cape Town, ITPC actively advocates for treatment access in eight regions across the globe. ITPC believes that the fight for treatment remains one of the most significant global social justice issues. 

The project Use of TRIPS Flexibilities to Increase Affordability of Treatment for HIV, Tuberculosis and Hepatitis C Virus in Middle-income Countries aims to address a critical gap in the global HIV response: access in some LMICs and in UMICs to newer, optimized antiretrovirals (ARVs) for preventing and treating HIV. Access to newer medicines that can cure tuberculosis (TB) and hepatitis C virus (HCV), two common, dangerous coinfections, among people living with HIV, is also necessary.  Optimized ARVs are essential to reaching global HIV treatment targets, enacting the WHO ‘treat all’ recommendation and addressing the growing threat of resistance to non-nucleoside reverse transcriptase inhibitors (NNRTIs), which are widely used in first-line treatment. In light of ongoing COVID-19 pandemic ensuring affordability of potential COVID-19 treatments in middle-income countries is important component of global response.

The mission of the Aidsfonds and Unitaid collaboration is to facilitate IP knowledge transfer and communication, and coordinate advocacy efforts and inter-country solidarity between civil society groups globally, strengthening civil society and community movements working on access to medicines, increase success in national interventions, better resist industry lobbying and industrialized countries push for TRIPS plus implementation and create support for public health friendly strategies to protect access to medicines and support civil society efforts.


Service Provider Scope of Work 

ITPC wishes to engage a legal consultant to assist Aidsfonds country partners (Bangladesh, Botswana, Indonesia, Kenya, Mauritius, Mozambique, Myanmar, Southern Africa, Uganda, Ukraine, Vietnam, Zimbabwe) in analyzing free-trade agreements, national patent and intellectual property legislation, and/or legislative proposals to identify TRIP plus provisions and propose appropriate flexibilities to safeguard access to treatment by:

·       Analyzing the available text of the Kenyan IP legislation and Kenya-US FTA to identify TRIPS-plus provisions that will affect access to medicines

·       Analyzing any proposed legislation or FTAs under negotiation in the aforementioned countries for TRIPS plus provisions as requested

·       Conducting any other requested by ITPC analytical assignment in relation to Aidsfonds countries listed above.

·       Providing recommendations and proposals consistent with the TRIPS agreement to ensure any proposed measures do not impede access to medicines

Duration of service provision:

-        Start date: 16 October 2020

-        End date: 31 December 2021

Qualification/Eligibility Requirements to Provider:

·     Minimum 8-10 years relevant experience working on intellectual property and access to medicines issues, with a deep understanding of patent law, free-trade agreements, and international organizations related to trade and health

·     Ability to analyze complex legal documents and explain in clear language

·     Graduate degree in law 

·     Experience and/or academic training in HIV/AIDS, intellectual property, public health, health policy

·     Experience collaborating with community-based organizations

·     Fluency in English

Background

The International Treatment Preparedness Coalition (ITPC) is a global coalition of PLHIV and community activists working to achieve universal access to optimal HIV, HCV and TB treatment of those in need. Formed in 2003 by a group…

Details at a glance

  • Remote Possible
  • Full Time Schedule
  • Temporary
  • Doctorate (PhD) Required
  • Professional

Level of Language Proficiency

Fluent in English

Fluent in English

Location

Johannesburg, GP, ZA

How to Apply

Method of Selection

Quality and Cost-Based Selection method shall be used to determine the winner. The following selection criteria with relative weight of criteria showed in percentages shall be used for selection for the bidders’ proposals that meet all obligatory qualification/eligibility requirements above and that essentially meet the above scope and deliverables:

  1. Qualifications and experience of the consultant in working on the subjects detailed above (relative weight 30%) – shall be assessed based on CV or description of experience;
  2. Quality of previous legal analysis related to intellectual property and patent law (relative weight 30%) – shall be assessed based on example(s) of previous research done by the candidate consultant;
  3. Previous experience working with CSOs (25%) – shall be assessed based on CV or description of experience;
  4. Daily rate demanded by the consultant to achieve the work required (relative weight 15%) – shall be assessed based on provided quotation.


Compensation shall be provided in partial payments for amount of days based on quoted daily rate (not to exceed 16 days) satisfactory to ITPC’s quality of service. Consultant shall be paid within 30 days upon delivery of the monthly invoice.


Instructions to Tenderers

Tender proposal validity should be no less than 60 days. By submitting the tender proposal tenderer certifies that in relation to the company no bankruptcy procedure is commenced, no criminal investigation has been currently conducted in relation to professional conduct or business activity, there is no unfulfilled obligations relating to payment of taxes or social contributions. 


Before preparing tender proposal tenderer should acquaint him/herself with the Template of the Agreement that is attached hereto as Annex 1.


Tenderers shall have the right   to seek written clarifications on any aspect of the tender documents and receive responses from ITPC in good time before the deadline for submission of tenders, not less than 14 days prior to the deadline. 


Any firm or individual who: 

●      is bankrupt or is being wound up, whose affairs are being administered by court, who has entered into an arrangement with creditors, who has suspended business activities or who is subject  to an injunctionagainst running business by court;         

●      is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by           court, or for an arrangement with creditors or of any other similar proceedings;

●      has been convicted of an offence concerning her/his professional conduct by a court;     

●      has been found guilty of grave professional misconduct; or 

●      has not fulfilled obligations relating to payments of taxes or social security contributions; 

would be excluded from the evaluation and the award of a contract. By submitting Technical and Financial Proposal bidder certifies that no above listed situation is applicable to him/her/legal entity of the bidder.


By submitting Technical and Financial Proposal bidder-vendors (only applicable to legal entities-bidders) certifies that:

-        it is registered by a national Registrars of Companies or corresponding national official   register;

-        is registered for declaration and payment of value added tax or a similar sales tax in       accordance with national legislation;    

-        has declared taxes for staff and employee contributions;            and

-        is free from debts regarding taxes and social security contributions. 


To Apply:

Send a Technical and Financial Proposal that should consist of at least the following documents: 

(i)          CV or description of experience;

(ii)         Quote indicating daily rate in USD (in separate file attachment called “Financial Proposal” or in the body of email); 

(iii)       Certificate/excerpt from registry proving right to conduct business, if any; and 

(iv)        example(s) of previous written research or related works done by the potential consultant.

to dpeeler@itpcglobal.org with the subject line “Legal Analyst  Application: Individual or Company Name” by 9 October 2020 23:59 SAST.

Tender proposals shall be evaluated by ITPC Selection Committee and the outcome of the selection procedure shall be notified to tenderers by email.

 

Method of Selection

Quality and Cost-Based Selection method shall be used to determine the winner. The following selection criteria with relative weight of criteria showed in…

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