05 95332422Q0017.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print)

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

8 (A)

NAICS:

SIZE STANDARD:

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

95332422Q0017

TABLE OF CONTENTS:

Listing of Incorporated Purchase Requisitions Section B - Supplies or Services and Prices/Costs Section C - Description/Specifications/Work Statement Section D - Packaging and Marking Section E - Inspection and Acceptance Terms Section F - Delivery or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits, and other Attachments Section K - Representations, Certifications, and Other Statements of Offerors Section L - Instructions, Conditions and Notices to Offerors Section M - Evaluation Factors for Award

Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 ESP Consultant 1 LT Contract Type:Time and Materials

Unit Price Other Direct Costs

Extended Price

Description:

Environmental Social Performance Due Diligence Consultants Nepal Compact

Purchase Requisitions

IDC Type: Not Applicable FSC Codes: R499 SUPPORT- PROFESSIONAL: OTHER NAICS Code: 541990 All Other Professional, Scientific, and Technical S...

Supplies/Services Quantity Unit

1001 Option Period 1: ESP Consultant 1 LT Contract Type:Time and Materials

Unit Price Other Direct Costs

Extended Price

Description:

Environmental Social Performance Due Diligence Consultants Nepal Compact

Purchase Requisitions

Option:

Option Time Date: 5/2/23 Option Time Duration: 365 Option Time Units: Days IDC Type: Not Applicable

Supplies/Services Quantity Unit

2001 Option Period 2: ESP Consultant 1 LT Contract Type:Time and Materials

Unit Price Other Direct Costs

Extended Price

Description:

Environmental Social Performance Due Diligence Consultants Nepal Compact

Purchase Requisitions

Option:

Option Time Date: 5/2/24 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable

Supplies/Services Quantity Unit

3001 Option Period 3: ESP Consultant 1 LT Contract Type:Time and Materials

Unit Price Other Direct Costs

Extended Price

Description:

Environmental Social Performance Due Diligence Consultants Nepal Compact

Purchase Requisitions

Option:

Option Time Date: 5/2/25 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable

Supplies/Services Quantity Unit

4001 Option Period 4: ESP Consultant 1 LT Contract Type:Time and Materials

Unit Price Other Direct Costs

Extended Price

Description:

Environmental Social Performance Due Diligence Consultants Nepal Compact

Purchase Requisitions

Option: 1 Option Time Date: 5/2/26 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable

Clauses incorporated by reference

None

Clauses incorporated by full text

Section B - Supplies or Services and Prices/Costs Item Number Base Item Number

B.1 SERVICES TO BE PROVDED

MCC seeks to engage a team of specialist consultants to support the MCC Country Team responsibilities for environmental and social due diligence, monitoring and oversight throughout the development and execution of Compact activities ("the Consultant"). The Consultant team shall include three required specialties:

a. Environmental Impact Assessment / Natural Resource Management Specialist (Team Leader);

b. Land Acquisition and Resettlement Specialist (Deputy Team Leader);

c. Nepal-based support specialists in environmental and social performance and stakeholder engagement

The Consultant shall provide two primary types of services: 1. advice to the US-based MCC team on environmental and social performance monitoring, and due diligence, and 2. support to MCC in providing technical assistance to the host country teams who are preparing and implementing the projects and who will be responsible for compliance with Nepal's national environmental and social laws and regulations, and MCC environmental and social guidelines which incorporate the IFC Performance Standards.

The Consultants work shall include desk-top and field-based/"hands-on" work, such as drafting or reviewing terms of reference for environmental and social studies, monitoring and reviewing resettlement action plans and implementation, reviewing works contractor progress reports and change management requests, and reviewing and commenting on draft products from the various studies. Travel will be involved, mainly to Nepal, but also occasionally to Washington DC, as well as frequent telephone conferences with staff in Washington, DC and Nepal. 'Technical Directives' will be issued periodically by MCC to define specific tasks, methods, and deliverables; all such Technical Directives shall adhere to the scope of work described herein.

The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to perform the tasks as defined in Section C of the Statement of Work.

B.2 CONTRACT TYPE

MCC is awarding a Time and Materials type Contract. Multiple awards may be considered.

B.3 LABOR RATES

This RFQ is issued in accordance with FAR Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures.

Labor Category Billing Hourly Rate

(Base)

Billing Hourly Rate (Option

1)

Billing Hourly Rate (Option

2)

Billing Hourly Rate (Option

3)

Billing Hourly Rate (Option

4)

ESP

Consultant(s)

B.4 Other Direct Costs (Estimated)

The Government estimates the following ODCs for each contract period. As ODCs cannot be defined at this time, these estimates will be used to evaluate the offeror's price

Period Total Other Direct Costs

Base Period $119,404

Option Period One $80,001

Option Period Two $80,001

Option Period Three $80,001

Option Period Four $80,001

Other Direct Costs Grand Total $439,408

Section C - Description/Specifications/Work Statement

Description/Specifications/Work Statement P;

Statement of Work

Environmental Social Performance Due Diligence Consultants Nepal Compact

A. Introduction

The Millennium Challenge Corporation (MCC) is a United States government corporation created under Millennium Challenge Act of 2003 (as amended). MCC provides foreign assistance to eligible developing countries to reduce poverty through sustainable economic growth. Eligible countries develop specific investment programs in furtherance of the goal of economic development to be funded by MCC over a five-year period and implemented by the country partner.

The United States of America, acting through the MCC, and the Government of Nepal ("GoN") have entered into a Millennium Challenge Compact for Millennium Challenge Account assistance to help facilitate poverty reduction through economic growth in Nepal (the "Compact") in the amount of approximately US$500 million ("MCC Funding") and an additional US$130 million from the Government ("GoN Contribution"), for a total of approximately US$630 million.

The Compact program includes two projects:

(i) Electricity Transmission Project ("ETP"): The objective of the ETP is to increase electricity consumption by improving the availability and reliability of electricity supply in Nepal's electricity grid and by facilitating power trade.

The ETP portfolio focuses on three major activities, which involves: the construction of approximately 300 km of double-circuit 400kV high voltage transmission line; the construction of three substations to increase or decrease transmitted voltages for further transmission or distribution to consumers; and, technical assistance to support Electricity Regulatory Commission (ERC), an independent electricity sector regulator, in core regulatory skills and principles, and to support Nepal Electricity Authority (NEA), a key project partner, in capacity-building to enhance managerial and technical capabilities. Under the ETP, there is also a sub-Activity called the MCA Partnership Program (MPP). The goal of this sub-activity is to build relationships within affected communities by delivering direct benefits that complement the improvements in electricity supply.

(ii) Road Maintenance Project ("RMP"): The objective of the RMP is to maintain road quality across Nepal's strategic road network ("SRN"), by addressing the root causes of Nepal's road sector problems that have contributed to high cost of transport. The RMP portfolio focuses on two major activities, which involves: technical assistance to the Department of Roads (DoR) and Roads Board Nepal (RBN), key project partners, related to road maintenance planning, assessment, and implementation to strengthen their capacity to plan and execute routine and periodic maintenance; and strategic road maintenance works up to 305 km of the SRN using pavement recycling and through the establishment of a matching fund.

The program includes procurement of contractors and consultants for design, construction, and supervision of electricity lines and substations, road maintenance works, including a variety of technical services, equipment and construction works in different geographic locations within Nepal. The Compact document can be accessed at:

http://mcanp.org/wp-content/uploads/2019/04/Millennium_Challenge_Compact.pdf.

The works contracts shall be procured using MCC Standard Bidding Documents with Conditions of Contract based on FIDIC Yellow Book for ETP construction works and FIDIC Red Book for RMP maintenance works. For ETP transmission line and substation works, MCA-Nepal will hire a Supervision Engineer to provide construction supervision services during construction, Defects Notification Period (DNP), and post-DNP. For RMP road maintenance and rehabilitation works, MCA-Nepal will also hire a Supervision Engineer to provide engineering design, preparation of a Resettlement Action Plan (RAP), RAP implementation supervision services, and construction supervision services for road segments under the pilot sub-activity, with the option for supervision services for additional segments. The Supervision Engineer will be MCA-Nepal's single point of responsibility for all ETP and RMP supervision services provided under the respective works contracts.

B. Scope of Work

MCC seeks to engage a team of specialist consultants to support the MCC Country Team responsibilities for environmental and social due diligence, monitoring and oversight throughout the development and execution of Compact activities ("the Consultant"). The Consultant team shall include three required specialties:

a. Environmental Impact Assessment / Natural Resource Management Specialist (Team Leader);

b. Land Acquisition and Resettlement Specialist (Deputy Team Leader);

c. Nepal-based support specialists in environmental and social performance and stakeholder engagement

The Consultant shall provide two primary types of services: 1. advice to the US-based MCC team on environmental and social performance monitoring, and due diligence, and 2. support to MCC in providing technical assistance to the host country teams who are preparing and implementing the projects and who will be responsible for compliance with Nepal's national environmental and social laws and regulations, and MCC environmental and social guidelines which incorporate the IFC Performance Standards.

The Consultants work shall include desk-top and field-based/"hands-on" work, such as drafting or reviewing terms of reference for environmental and social studies, monitoring and reviewing resettlement action plans and implementation, reviewing works contractor progress reports and change management requests, and reviewing and commenting on draft products from the various studies. Travel will be involved, mainly to Nepal, but also occasionally to Washington DC, as well as frequent telephone conferences with staff in Washington, DC and Nepal. 'Technical Directives' will be issued periodically by MCC to define specific tasks, methods, and deliverables; all such Technical Directives shall adhere to the scope of work described herein.

C. Country:

Nepal and any eligible MCC country.

D. Tasks and Deliverables:

To support MCC in the flexible and timely manner needed to meet the evolving needs of Compact development and implementation, Technical Directives under this scope of work will be issued. The nature of the work anticipated is described in this section. Some, but not necessarily all, aspects of the work described here will be requested of the Consultant, depending on the timing of contract award and status of Compact activities. The issuance of technical directives shall not imply additional costs to the Government beyond the amount allowed for in the initial call order;

however, this call order may be amended to reflect additional costs associated with implementation planning and oversight requirements in additional countries.

As noted above, the Consultant shall coordinate closely with related contractors advising MCC on various aspects of the compact development process and the proposed Power and Transport projects. MCC will facilitate this coordination among contractors.

The Consultant shall receive overall guidance from the MCC Environment and Social Performance (ESP) Contract Officer's Representative (COR) and Project Monitors (PM), who, in consultation with the Resident Country Mission (RCM) will oversee the Consultant's assignment covering the areas and tasks below. Bidders are encouraged to review MCC website for more information: http://www.mcc.gov.

The work performed and the recommendations made by the Consultant shall be in compliance with the MCC Environmental and Social Guidelines: See https://www.mcc.gov/resources/doc/guidelines-environmental-and-social-assessment-projects and http://www.mcc.gov/mcc/bm.doc/14-genderpolicy.pdf

General Tasks Consistent with MCC Environmental Guidelines, projects that MCC may finance under a compact are to be developed and implemented in a manner consistent with the environmental and social performance standards set forth in the Performance Standards on Environmental and Social Sustainability of the International Finance Corporation (IFC Performance Standards).

http://www.ifc.org/wps/wcm/connect/Topics_Ext_Content/IFC_External_Corporate_Site/IFC+Sustainability/Sustainabi lity+Fra mework/Sustainability+Framework+-+2012/Performance+Standards+and+Guidance+Notes+2012/. In addition, MCC may provide such additional guidance to a host country as may be advisable in light of host country norms and international standards, e.g. Environmental, Health and Safety Guidelines of the World Bank Group (2007, or as amended) or WHO guidelines and standards. Consistent with MCC's principle of country ownership, the host country is responsible for managing environmental and social risks and impacts in close accord with the requirements of the IFC Performance Standards, and MCC will only support Compact activities that are expected to meet these requirements within a prescribed timeframe.

The Consultant shall provide advice to the US-based MCC team on environmental and social performance monitoring and due diligence, and support MCC in providing technical assistance to the host country responsible for implementing Compact activities in compliance with Nepal's national environmental and social laws and regulations and MCC environmental and social guidelines which incorporate the IFC Performance Standards. The Consultant shall perform these services to inform and support MCC's oversight role with respect to environmental and social performance, monitoring and quality assurance of all Compact activities.

Anticipated tasks, to be defined in subsequent technical directives, may include:

Environmental, Social, Health and Safety Impact Assessment and Management

§ Assist MCC to review and/or monitor the implementation of Environmental and Social Impact Assessments (ESIAs), Compensatory Reforestation Plans, Resettlement Policy Frameworks, Resettlement Action Plans (RAPs), Livelihood Restoration Plans, Community Benefit Sharing Plans, Stakeholder Engagement Plans and/or Environmental and Social Management Plans (ESMPs); and Health and Safety Plans (HSPs);

§ When reviewing or editing reports, ensure mitigation measures are incorporated to minimize negative social and environmental impacts, physical or economic displacement, and public health and safety risks, and support the participation of women and vulnerable groups, including the most poor;

§ Assess associated implementation timeline;

§ Assess potential risks to MCC including cost or time overruns, constructability, and liability;

§ Develop risk mitigation plans, as required;

§ Monitor changes in project design that might require adjustment to the ESMPs and recommend changes, as appropriate;

§ Advise on preparation of the ESMS in accordance with Performance Standard 1, including assistance with drafting terms of reference and review of proposals and products;

§ Advise on environmental, social, health and safety, and natural resources management matters, including biodiversity, reforestation, habitat protection, or related themes as requested;

§ Bring to the attention of MCC and MCA any concerns or issues of environmental, social or health and safety conditions or opportunities that the consultant becomes aware of and that are not being attended to;

§ Assist MCC in complying with MCC and host-country health and safety requirements by advising on and drafting terms of reference and requests for proposals for any studies or support needed;

§ Advise and assist in monitoring and enforcing workplace health and safety rules at construction sites;

§ Review work completed by third parties; Identify key social and environmental project risks and impacts providing technical guidance to MCC regarding activity compliance and consistency with International Finance Corporation Performance Standards (IFC PS) 1-8;

§ Review consultation plans, stakeholder engagement plans with affected communities, and other related strategies, frameworks, tools, mapping exercises, etc. for compliance with public consultation and disclosure https://www.mcc.gov/resources/doc/guidelines-environmental-and-social-assessment-projects https://www.mcc.gov/resources/doc/guidelines-environmental-and-social-assessment-projects http://www.mcc.gov/mcc/bm.doc/14-genderpolicy.pdf requirements of PS 1. The Consultant may be asked to recommend actions necessary to align current and future participatory consultation plans with PS 1;

§ Review tender documents and contracts for consistency with MCC Environmental Guidelines and international best practices;

§ Assess proposed implementation strategies to include project timeliness and phasing, policies, and effectiveness, GoN and MCA-N capacity to manage environment and social risks associated with Compact activities; and

§ Other tasks, upon request, within the objectives of this scope of work.

Land Acquisition and Resettlement

§ Support MCC to assess land acquisition, resettlement and impacts to indigenous people and other vulnerable groups as required by Performance Standard 5 and 7 and related guidance notes;

§ Support MCC to monitor and provide oversight and capacity building required for MCA-N activities to prepare and implement Resettlement Actions Plans, Livelihood Restoration Plans, or associated land and right-of-way acquisitions needs;

§ Support MCC to assess the mechanisms for public consultation and disclosure appropriate for Nepal and consistent with Performance Standards 5 and 7 that will target participation of project affected persons/parties (especially women and other vulnerable populations);

§ As needed, review and provide written comments to MCC when requested on resettlement related documents, plans, status reports, databases, GIS related documents;

§ Assist MCC in preparing terms of reference for RAP or Livelihood Restoration Plans LRP), as appropriate, for any additional Compact activities, if needed;

§ As needed, advise MCC on approaches to improve and/or restore, the livelihoods and standards of living of project affected persons/parties including women and other vulnerable groups that may be displaced by project activities;

§ As needed, advise MCC on approaches to grievance redress mechanism and/or independent resettlement monitoring; and

§ Other tasks, upon request, within the objectives of this scope of work.

Implementation Phase

During the project final design and construction phase, the Consultant shall monitor project implementation on behalf of MCC to ensure completion of projects in accordance with schedules, specifications, and MCC standards and guidelines.

§ Provide detailed reviews of any outstanding environmental or social study / final designs;

§ Monitor reports from MCA-Nepal to assess the level of compliance with applicable environmental permits, requirements, policies, or guidelines, including local ordinances and domestic requirements as well as MCC Environmental Guidelines;

§ Participate in periodic MCC missions to oversee works progress and provide (quarterly, or as required by MCC) on-site monitoring, spot testing and reporting of construction progress, ESMP, SEPs and HSP compliance, and/or provide spot audit on the supervisory firm(s) and assess quality and completeness of their work;

§ Liaise with MCA-Nepal and provide comments to MCC on the quality of their implementation oversight;

§ Monitor for unanticipated environmental or social impacts that might require adjustment to the ESMPs, SEPs or HSPs, and recommend changes, as appropriate;

§ Identify implementation bottlenecks based on the Implementation Plan prepared by MCA Nepal, and suggest strategies to mitigate implementation risks;

§ Provide general environmental and social technical advice and assistance to MCC related to the activities, as needed, including resettlement, stakeholder engagement, and right of way issues;

§ Trip reports to the MCC COR/PM and RCM to succinctly summarize findings and recommendations;

§ The Consultant shall respond (in writing) to requests from MCC COR/PM on a variety of activities and deliverables related to environmental and social assessment/performance, donor coordination, and other such matters that may be needed for any specific task and that will be communicated by the MCC COR/PM and/or RCM; and

§ Other tasks, upon request, within the objectives of this scope of work.

E. Period and Place of Performance

All work shall be completed between the dates of the award through a one-year base period of performance, with four additional one-year options. The estimated level of effort is up to 736 hours for an Environmental Impact Assessment / NRM Specialist for the first year and 592 hours per year for the option years with an estimated 2-4 trips per year. The estimated level of effort is up to 736 hours for a Land Acquisition and Resettlement Specialist hours for the first year and 592 hours per year for the option years with an estimated 2-4 trips per year. The estimated level of effort is up to 384 hours for a Local ESP and H&S Specialist hours per year with an estimated 1 trip per year. The estimated level of effort is up to 100 hours per year for a Local Admin. MCC anticipates this level of effort but does not guarantee this level of effort as it may increase or decrease.

The team of consultants will work from their home office and/or MCC headquarters or in Nepal.

F. Subcontracting Experts are authorized to subcontract data collection, data preparation, data or economic analysis, and related services as needed. The overall costs for subcontracting shall not exceed 25% of the expert's total negotiated unloaded direct labor cost.

G. Conflict of Interest The expert will be precluded from bidding on work and services (design, assessment, construction, and supervision) to be procured by the local accountable entity or using funds advanced under MCC work in the relevant country.

H. Timing and Reporting All formal communication with MCC, including reports, will be submitted to the COR/PM. The COR/PM for this requirement will be identified via separate correspondence.

The COR/PM will have technical responsibility for monitoring the contractor's performance. The COR/PM will review and evaluate the contractor's performance, and also will coordinate any communications with relevant counterparts and other donor agencies and organizations.

Any changes in the terms of the Call Order will be made in writing and approved by the Contracting Officer. No representation of the COR/PM shall serve as a basis for an alteration in the general scope of this Call Order or of the terms and conditions of the Call Order unless confirmed in writing by the Contracting Officer. The contractor must communicate with the Contracting Officer on all matters that pertain to the Contract terms. Proceeding with the work without proper contractual coverage could result in nonpayment for that work.

The designated Expert would be expected to coordinate with local authorities responsible for MCC Compact implementation as well as other donors, where relevant. However, designated Expert would report directly to the designated COR/PM.

I. Evaluation Criteria

The Consultant shall have a background appropriate to the tasks and output set out above.

Mandatory Criteria:

General Mandatory Criteria

§ Professional oral and written fluency / command of English essential for all specialists;

§ Experience applying international environmental and social safeguards standards and procedures to large infrastructure projects; and § Ability to travel to developing countries (for specialist located outside of Nepal).

Mandatory Criteria for Individual Specialists

Environmental Impact Assessment / Natural Resource Management Specialist (Team Leader)

§ The general requirements listed above;

§ An advanced degree in environmental planning, environmental management, environmental science, environmental engineering or a related field;

§ Minimum 15 years of experience in environmental impact assessment and natural resource management on infrastructure projects in developing countries;

§ Demonstrated experience to manage a small team of experts;

§ Demonstrated experience with forestry regulations, processes, and procedures in Nepal;

§ Demonstrated experience developing Environmental and Social Management Systems (ESMS) for large infrastructure projects.

Land Acquisition and Resettlement Specialist (Deputy Team Leader)

§ The general qualifications listed above;

§ An advanced degree in sociology, anthropology, social development, environment planning or a related field;

§ Minimum 15 years of experience in consulting land acquisition and resettlement on infrastructure projects in developing countries;

§ Direct experience with planning and implementation of land acquisition, resettlement, and treatment of indigenous or vulnerable populations under IFC Performance Standards 5 and 7 on large infrastructure projects;

§ Knowledge of the highly diverse and contested social context of Nepal, including gender, caste and ethnic inclusion challenges to equitable resettlement; and § Demonstrated experience in institutional, regulatory and or policy strengthening related to resettlement practices in the development context.

Nepal-based Environmental and Social Performance, and Stakeholder Engagement Specialists

§ Degree in sociology, anthropology, social development, communications or a related field for social performance and stakeholder engagement specialists;

§ Degree in environmental planning, environmental management, environmental science, environmental engineering, forestry or related field for environmental performance specialists;

§ Minimum 5 years of experience in environmental and social consulting services on infrastructure projects in Nepal;

§ Demonstrated experience developing Stakeholder Engagement Plans (SEPs), consultation, and preparation of grievance mechanisms;

§ A specialist or specialists with demonstrated knowledge of the forestry regulations, processes, and procedures in Nepal; and

§ Knowledge of the highly diverse and contested social context of Nepal, including gender, caste and ethnic inclusion challenges to community consultations and stakeholder engagement.

Preferred Criteria:

General Preferred Criteria

§ Experience working on Energy and Transportation projects in Nepal

Preferred Criteria for Individual Specialists

Environmental Impact Assessment / Natural Resource Management Specialist (Team Leader)

§ Knowledge and experience with IFC Performance Standards; and § Consulting experience in environmental impact assessment and natural resource management on linear infrastructure projects in Nepal.

Land Acquisition and Resettlement Specialist (Deputy Team Leader)

§ Consulting experience in land acquisition and resettlement on linear infrastructure projects in Nepal; and § Institutional, regulatory and or policy strengthening related to resettlement practices in Nepal.

Nepal-based Environmental and Social Performance, and Stakeholder Engagement Specialists

§ Knowledge and experience with IFC Performance Standards

J. Other requirements:

International travel is required. The Consultant may be requested to mobilize on a short notice and will be expected to deliver high quality finished products in a timely manner based on the instructions of the COR/PM. The Consultant is expected to have the necessary computer hardware and software to provide prompt and cost effective consultant services typical to the profession.

Section D - Packaging and Marking

Section E - Inspection and Acceptance Terms

Section F - Delivery or Performance

Line Item: 0001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

5/2/22 5/1/23 MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

WASHINGTON

US 20005

Line Item: 1001

5/2/23 5/1/24 MCC Headquarters

Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

Line Item: 2001

5/2/24 5/1/25 MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

Line Item: 3001

5/2/25 5/1/26 MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

Line Item: 4001

5/2/26 5/1/27 MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

Delivery or Performance

F.1 PLACE OF PERFORMANCE

The team of consultants will work from their home office and/or MCC headquarters or in Nepal.

F.2 TASK AND DELIVERABLES

To support MCC in the flexible and timely manner needed to meet the evolving needs of Compact development and implementation, Technical Directives under this scope of work will be issued. The nature of the work anticipated is described in this section. Some, but not necessarily all, aspects of the work described here will be requested of the Consultant, depending on the timing of contract award and status of Compact activities. The issuance of technical directives shall not imply additional costs to the Government beyond the amount allowed for in the initial call order; however, this call order may be amended to reflect additional costs associated with implementation planning and oversight requirements in additional countries.

As noted above, the Consultant shall coordinate closely with related contractors advising MCC on various aspects of the compact development process and the proposed Power and Transport projects. MCC will facilitate this coordination among contractors.

The Consultant shall receive overall guidance from the MCC Environment and Social Performance (ESP) Contract Officer's Representative (COR) and Project Monitors (PM), who, in consultation with the Resident Country Mission (RCM) will oversee the Consultant's assignment covering the areas and tasks below. Bidders are encouraged to review MCC website for more information: http://www.mcc.gov.

The work performed and the recommendations made by the Consultant shall be in compliance with the MCC Environmental and Social Guidelines: See https://www.mcc.gov/resources/doc/guidelines-environmental-and-social-assessment-projects and http://www.mcc.gov/mcc/bm.doc/14-genderpolicy.pdf

General Tasks Consistent with MCC Environmental Guidelines, projects that MCC may finance under a compact are to be developed and implemented in a manner consistent with the environmental and social performance standards set forth in the Performance Standards on Environmental and Social Sustainability of the International Finance Corporation (IFC Performance Standards).

http://www.ifc.org/wps/wcm/connect/Topics_Ext_Content/IFC_External_Corporate_Site/IFC+Sustainability/Sustainability+Fra mework/Sustainability+Framework+-+2012/Performance+Standards+and+Guidance+Notes+2012/. In addition, MCC may provide such additional guidance to a host country as may be advisable in light of host country norms and international standards, e.g. Environmental, Health and Safety Guidelines of the World Bank Group (2007, or as amended) or WHO guidelines and standards. Consistent with MCC's principle of country ownership, the host country is responsible for managing environmental and social risks and impacts in close accord with the requirements of the IFC Performance Standards, and MCC will only support Compact activities that are expected to meet these requirements within a prescribed timeframe.

The Consultant shall provide advice to the US-based MCC team on environmental and social performance monitoring and due diligence, and support MCC in providing technical assistance to the host country responsible for implementing Compact activities in compliance with Nepal's national environmental and social laws and regulations and MCC environmental and social guidelines which incorporate the IFC Performance Standards. The Consultant shall perform these services to inform and support MCC's oversight role with respect to environmental and social performance, monitoring and quality assurance of all Compact activities.

Anticipated tasks, to be defined in subsequent technical directives, may include:

Environmental, Social, Health and Safety Impact Assessment and Management

§ Assist MCC to review and/or monitor the implementation of Environmental and Social Impact Assessments (ESIAs), Compensatory Reforestation Plans, Resettlement Policy Frameworks, Resettlement Action Plans (RAPs), Livelihood Restoration Plans, Community Benefit Sharing Plans, Stakeholder Engagement Plans and/or Environmental and Social Management Plans (ESMPs); and Health and Safety Plans (HSPs);

§ When reviewing or editing reports, ensure mitigation measures are incorporated to minimize negative social and environmental impacts, physical or economic displacement, and public health and safety risks, and support the participation of women and vulnerable groups, including the most poor;

§ Assess associated implementation timeline;

§ Assess potential risks to MCC including cost or time overruns, constructability, and liability;

§ Develop risk mitigation plans, as required;

§ Monitor changes in project design that might require adjustment to the ESMPs and recommend changes, as appropriate;

§ Advise on preparation of the ESMS in accordance with Performance Standard 1, including assistance with drafting terms of reference and review of proposals and products;

§ Advise on environmental, social, health and safety, and natural resources management matters, including biodiversity, reforestation, habitat protection, or related themes as requested;

§ Bring to the attention of MCC and MCA any concerns or issues of environmental, social or health and safety conditions or opportunities that the consultant becomes aware of and that are not being attended to;

§ Assist MCC in complying with MCC and host-country health and safety requirements by advising on and drafting terms of reference and requests for proposals for any studies or support needed;

§ Advise and assist in monitoring and enforcing workplace health and safety rules at construction sites;

§ Review work completed by third parties; Identify key social and environmental project risks and impacts providing technical guidance to MCC regarding activity compliance and consistency with International https://www.mcc.gov/resources/doc/guidelines-environmental-and-social-assessment-projects http://www.mcc.gov/mcc/bm.doc/14-genderpolicy.pdf

Finance Corporation Performance Standards (IFC PS) 1-8;

§ Review consultation plans, stakeholder engagement plans with affected communities, and other related strategies, frameworks, tools, mapping exercises, etc. for compliance with public consultation and disclosure requirements of PS 1. The Consultant may be asked to recommend actions necessary to align current and future participatory consultation plans with PS 1;

§ Review tender documents and contracts for consistency with MCC Environmental Guidelines and international best practices;

§ Assess proposed implementation strategies to include project timeliness and phasing, policies, and effectiveness, GoN and MCA-N capacity to manage environment and social risks associated with Compact activities; and

§ Other tasks, upon request, within the objectives of this scope of work.

Land Acquisition and Resettlement

§ Support MCC to assess land acquisition, resettlement and impacts to indigenous people and other vulnerable groups as required by Performance Standard 5 and 7 and related guidance notes;

§ Support MCC to monitor and provide oversight and capacity building required for MCA-N activities to prepare and implement Resettlement Actions Plans, Livelihood Restoration Plans, or associated land and right-of-way acquisitions needs;

§ Support MCC to assess the mechanisms for public consultation and disclosure appropriate for Nepal and consistent with Performance Standards 5 and 7 that will target participation of project affected persons/parties (especially women and other vulnerable populations);

§ As needed, review and provide written comments to MCC when requested on resettlement related documents, plans, status reports, databases, GIS related documents;

§ Assist MCC in preparing terms of reference for RAP or Livelihood Restoration Plans LRP), as appropriate, for any additional Compact activities, if needed;

§ As needed, advise MCC on approaches to improve and/or restore, the livelihoods and standards of living of project affected persons/parties including women and other vulnerable groups that may be displaced by project activities;

§ As needed, advise MCC on approaches to grievance redress mechanism and/or independent resettlement monitoring; and

§ Other tasks, upon request, within the objectives of this scope of work.

Implementation Phase

During the project final design and construction phase, the Consultant shall monitor project implementation on behalf of MCC to ensure completion of projects in accordance with schedules, specifications, and MCC standards and guidelines.

§ Provide detailed reviews of any outstanding environmental or social study / final designs;

§ Monitor reports from MCA-Nepal to assess the level of compliance with applicable environmental permits, requirements, policies, or guidelines, including local ordinances and domestic requirements as well as MCC Environmental Guidelines;

§ Participate in periodic MCC missions to oversee works progress and provide (quarterly, or as required by MCC) on-site monitoring, spot testing and reporting of construction progress, ESMP, SEPs and HSP compliance, and/or provide spot audit on the supervisory firm(s) and assess quality and completeness of their work;

§ Liaise with MCA-Nepal and provide comments to MCC on the quality of their implementation oversight;

§ Monitor for unanticipated environmental or social impacts that might require adjustment to the ESMPs, SEPs or HSPs, and recommend changes, as appropriate;

§ Identify implementation bottlenecks based on the Implementation Plan prepared by MCA Nepal, and suggest strategies to mitigate implementation risks;

§ Provide general environmental and social technical advice and assistance to MCC related to the activities, as needed, including resettlement, stakeholder engagement, and right of way issues;

§ Trip reports to the MCC COR/PM and RCM to succinctly summarize findings and recommendations;

§ The Consultant shall respond (in writing) to requests from MCC COR/PM on a variety of activities and deliverables related to environmental and social assessment/performance, donor coordination, and other such matters that may be needed for any specific task and that will be communicated by the MCC COR/PM and/or

RCM; and § Other tasks, upon request, within the objectives of this scope of work.

All deliverables should be submitted in electronic form where feasible, and in hardcopy as necessary and/or required, no later than ten (10) calendar days after the end of the reporting period.

F.3 DOCUMENT OWNERSHIP AND INFORMATION MANAGEMENT SYSTEM REQUIREMENTS

All documents produced and/or collected by the contractor, electronic and hard copies, shall be the sole property of MCC. The Contractor shall establish and maintain a comprehensive electronic data base and reference index of all relevant documents reviewed, produced, and/or edited by the Contractor. Any and all such documents will be electronically compiled in usable form and delivered to MCC, in an organized electronic format acceptable to MCC, at the end of the contract, and if requested by MCC also in hard copies. The Contractor shall provide a document management system acceptable to MCC. MCC, at its sole discretion, may provide such system as SharePoint or similar in addition or in lieu of the Contractor's system. The Contractor shall abide by MCC required communication protocol including sharing information and reports with the MCC team, and/or other MCC consultants for efficient and timely reviews and communications as specifically requested.

F.4 ACCEPTANCE CRITERIA

The deliverables shall be evaluated according to the following criteria:

• Thoroughness and timeliness in complying with all of the elements in the tasks specified.

• High quality finished products in a timely manner, and clarity of analyses and work produced.

• Timeliness and efficacy of communications with relevant counterparts at MCC, MCA, and other relevant organizations.

• All reports are to be submitted in English in hard and electronic copy (in MS Word), with tables, data and calculations in MS Excel.

F.5 ESTIMATED LEVEL OF EFFORT AND TRAVEL

Base Period and Option Periods

Below is the estimated level of effort by labor category.

Estimated Level of Effort

Labor Category Hours (Base) Hours (Option 1)

Hours (Option 2)

Hours (Option 3)

Hours (Option 4)

Environmental impact assessment / NRM Specialist

736 592 592 592 592

Land Acquisition and Resettlement Specialist

736 592 592 592 592

Local ESP and H&S Specialist 384 384 384 384 384

Local Admin 100 100 100 100 100

Estimated hours shall not exceed the total listed above.

Other Direct Costs

In the performance of this contract the contractor may incur expenses (ODCs) mainly associated with travel this may include domestic air fare, ground transportation, per diem etc. Information on ODCs and travel reimbursement is found in section B.

F.6 TECHNICAL DIRECTION

Performance of the work under this Purchase Order shall be subject to the technical direction of the COR/PM.

The term "technical direction" is defined to include, without limitation, the following:

a) Directions to the Contractor, which redirect the Purchase Order effort, shift work emphasis between work areas, require the pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish contractual requirements;

b) Provision of information to the Contractor, which assists in the interpretation of renderings, specifications or technical portions of the work description; and

c) Review and, where required by the Purchase Order, approval of reports, creative renderings, specifications, materials or technical information to be delivered by the Contractor to MCC under this Purchase Order.

Technical direction must be within the general scope of work stated in the contract. The COR/PM does not have the authority to, and may not, issue any technical direction which:

1) Constitutes the assignment of any additional work outside the general scope of the Task Order;

2) Constitutes a change as defined in the contract clause entitled, "Changes";

3) In any manner causes an increase or decrease in the total estimated Purchase Order costs, fixed fee, or time required for the Purchase Order performance; or

4) Changes any of the express terms, conditions or specifications of the contract.

All technical direction shall be issued in writing by the COR/PM; verbal direction, if necessary, shall be confirmed by the COR/PM in writing within five (5) working days after their issuance, with a copy to the Contracting Officer (CO). The Contractor shall acknowledge acceptance of the technical direction by submitting a letter of acceptance, via email or Fax, to the COR/PM and Contracting Officer. The technical direction will provide clear and concise instructions on tasks and deliverables requested of the Contractor's team, and designate the MCC technical contact with whom the Contractor should coordinate. The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR/PM in the manner prescribed by this article and within his/her authority under the provisions of this article. If, in the opinion of the Contractor, any instruction or direction issued by the COR/PM is not within one of the tasks defined above, the Contractor shall not proceed, but shall notify the CO, in writing, within five (5) working days after receipt of any such instruction or direction and shall request the CO to modify the contract accordingly. Upon receiving such notification from the Contractor, the CO shall issue an appropriate Purchase Order modification or advise the Contractor, in writing, that in his/her opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause of the Purchase Order. The Contractor shall thereupon proceed immediately with the direction given.

Section G - Contract Administration Data

Requesting Office Address

MCC-HQ

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550 Phone: Fax:

Contact Details:

Property Administration Office Address

MCC-HQ

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550

COTR Office Address

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550

Issuing Office Address

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550

MCC 52.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AND/OR PROJECT MONITOR

(PM) (JULY 2012)

(a) The Contracting Officer may designate a Government representative to act as the Contracting Officer's Representative (COR) or Project Monitor (PM) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a…