Design and Implementation of Training and Support for Employers in the Automotive Sector At Pan American Development Foundation

Terms of reference

No.: 435.01.2024-CON2

Required products/services: Design and implementation of training and support for employers in the automotive sector for the implementation and adequate compliance with the labor rights signed in chapter 23 of the T-MEC and in the 2019 labor reform.

Type of contract: Consulting by hour or by product

Contract Terms: Determined by service

Geographic 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.

1. Background

In February 2017, Mexico enacted landmark constitutional reforms, which aim to transform its 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 USMCA in July 2020, which would include chapter 23 for labor provisions.

Employers in Mexico’s automotive sector, particularly small and medium-sized businesses, face notable challenges in complying with these reforms, and often do not know, with a reasonable level of certainty, their 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 the workplace; thus aligning the country’s legislation with international standards.

2. Relationship of the TDR with the Project “Involve the Mexican automotive sector in the implementation of the labor law reform”

Within the framework of this reform and based on labor article 23 of the T-MEC, the project “Support for the Mexican automotive industry for the implementation of the labor reform” works to involve employers in the automotive supply chain, particularly small and medium-sized manufacturers, in meeting new labor requirements and improvements in working conditions, through evidence-based awareness-raising and capacity building that empowers employers to proactively adopt labor practices consistent with the 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 outcomes will be achieved through the achievement of three long-term outcomes (LTOs) that promote systemic changes in the automotive supply chain:

-LTO 1: Employers in the automotive supply chain have greater knowledge of labor reform and greater capacity to apply relevant provisions.

-LTO 2: Automotive supply chain employers take proactive measures to strengthen workplace dialogue and promote productive working relationships.

-LTO 3: Employers in the automotive supply chain take proactive measures to prevent violations of labor law, including the adoption of new policies and procedures for compliance and the correction of detected problems.

From this perspective and taking into consideration the participation of different national and international actors, mainly from the United States government, these terms of reference (ToR) are presented for the hiring of expert consultants in capacity training linked to labor rights derived from the labor reform and the T-MEC and with experience within the automotive or private sector.

3. Description

To carry out this consultancy, at least 2 years of experience is required in the design and delivery of workshops, courses, conferences and theoretical-practical training in flexible formats (virtual or in-person) aimed at employers with executive and managerial profiles of private companies and of the automotive sector, aimed at the development of specific products such as policies, manuals, work plans, protocols, internal work regulations, certifications, etc. that contribute to the adequate compliance with the labor rights signed in the T-MEC and the 2019 Labor Reform. The training may be aimed at some of the following topics or any associated with the general topic of the project:

to. Freedom of association and collective bargaining contracts.

b. Strengthening social dialogue in the workplace.

c. Rapid Response Labor Mechanism.

d. Attention and prevention of discrimination and workplace violence with a gender focus.

and. Implementation of NOM035 on Psychosocial Risks

F. Implementation of NOMX025-SCFI-2015 on Labor Equality and Non-Discrimination.

g. Business due diligence and labor human rights

All activities derived from the consultancies will have the support and accompaniment of the project staff and PADF Mexico, in particular the director, the project director 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 individual or legal entity must share their professional and instructional experience in the matter, as well as their budget expectations in the following form:

4. Application form

Name of consultant or consulting company: Legal entity___ Natural person___

State where they are located or place of residence:

Area(s) of specialization in relation to the topics of section III.

Years of experience in areas of specialization.

Geographical coverage of the consultant or consulting company

Sectors in which his experience as a skills 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’s__________

Telephone________________

Contact name____________

Contact title____________________

________

Organization name’s__________

Telephone________________

Contact name____________

Contact title____________________

________

Organization name’s__________

Telephone________________

Contact name____________

Contact title____________________

________

Other sectors and experiences

Methodologies that it applies during its intervention and training processes:

Economic rate range per hour (if VAT included, add it)

Attached is 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. Selected individuals or entities must share detailed information about the teaching methodology and process used during the instructional process to PADF for review.

After reviewing the methodological proposals received, the PADF team will select the individuals or legal entities that best suit the interests of the organization and will sign a contract with them, thus completing phase 3.

Note: People who are not selected in some of the phases will not be contacted.

5. Expected products of each training process

Product # 1

Product : Methodological proposal

Description : Methodology proposed to carry out the training process in any of the topics listed above.

Estimated delivery time: 1 to 5 days after signing the contract.

___________________________________________

Product # 2

Product : Training

Description : Training process for employers in the country’s automotive industry.

Estimated delivery time: 5 to 25 days after signing the contract.

___________________________________________

Product # 3

Product : Support

Description : Delivery of final report and support: -Power Point presentation, attendance list, pre and post analysis, photos

Estimated delivery time: 5 to 10 days after completing the training

___________________________________________

6. Intellectual and property rights.

All title, copyright, patent or other proprietary rights in any work directly required in or resulting from this consultancy rests with PADF. At the request of PADF, the consultant will help secure the intellectual property rights produced under these TOR and the signed contract.

The consulting product may not be used without written authorization. Any type of reproduction, publication, dissertation or dissemination publicly 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 hired professional/company agrees to maintain confidentiality about the process and results of the consulting.

7. Payment method

The payment method will be made in accordance with what was agreed in the consulting contract on a proportional basis. Payments will be made by international bank transfer, from PADF headquarters in Washington, DC, upon delivery of each product established in the terms of reference; once validated by the technical or responsible area and upon 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 requirements of these TOR, please direct them to the following email address:

Info-mexico@padf.org Clarifications will be sent within a period of no more than 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 based on abilities, age, gender identity and expression, national origin, race and ethnicity, religious beliefs, sexual orientation, and criminal record. We welcome all types of diversity. Our staff and consultants include people who are and are not parents, the self-taught and the college-educated, and from a wide range of cultures, languages, socioeconomic backgrounds, and perspectives on the world. We encourage all those interested in participating in this call, so that they can put into practice our work idea, regarding non-discrimination and inclusion.

10. Terms and Conditions

Award result

These Terms of Reference (TOR) do not obligate PADF to execute a contract, nor do they commit PADF to pay any costs incurred in preparing or submitting the proposals. Additionally, PADF reserves the right to reject any and all bids, if such action is deemed to be in the best interest of PADF. PADF, in its sole discretion, will select the winning proposal and is not obligated to share the results of the individual evaluation.

Confidentiality

All proprietary information provided by the bidder 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. PADF evaluation results are confidential.