1 - SOW.doc

Statement of Work Land Tenure Legal and Institutional Analysis Services (Francophone) A. Introduction

The Millennium Challenge Corporation (MCC) is a U.S. Government corporation whose mission is to provide assistance that will support economic growth and poverty reduction in carefully selected countries that demonstrate a commitment to just and democratic governance, economic freedom, and investments in their citizenry. For more information on the MCC, please visit www.mcc.gov.

B. Scope

The purpose of this consultancy is to provide legal, institutional, and operational analysis services to support MCC’s oversight of land administration and land-tenure related investments in MCC-eligible countries. These services will include analysis of French-language laws, regulations, and reform proposals, as well as analysis of other French-language documents.

C. Countries

Niger, Morocco, Togo and any other MCC-eligible country.

D. Tasks The consultant shall provide technical advisory services to support MCC’s leadership of compact or threshold due diligence and project development and oversight of project implementation and results achievement. The consultant’s assignments may include the following:

· Evaluate key local land laws, regulations, reform proposals, documents and other information, identify legal, regulatory, or procedural framework implications for project design, project feasibility, project implementation, or project results.

· Assess institutional allocation of responsibilities related to land administration, particularly between national and local institutions.

· Provide specific design recommendations for improvements to proposed approaches to legal, institutional, or procedural change to achieve greater feasibility, consistency with sector best practice, economic benefits, or sustainability.

· Provide recommendations and drafting as needed in relation to budget/financial plans, work plans, and/or terms of reference.

· Conduct analyses or special legal and institutional studies related to topics such as land transactions, land markets, inheritance, gender, land information systems, land use and spatial planning.

· Analyze applicable deliverables produced by MCA contractors related to land legal and institutional frameworks and recommended reforms or changes. Suggest revisions to deliverables as appropriate to better assure project results are achieved.

· Contribute to ensuring coordination – or integration as appropriate – between land programming and other related or overlapping sector programs, particularly in regard to resettlement policies and activities.

· Other tasks as assigned by the COR

E. Deliverables

Deliverables may include written reports or communications containing analysis and recommendations and oral presentations and associated written materials. Specific deliverables, their required detailed contents, and their delivery date will be established via Technical Directives, each time the consultant is mobilized under the call order to be awarded.

F. Period and Place of Performance

All work under this contract will be completed between effective dates of the contract award for a two-year period. The estimated level of effort is 1,000 hours for the first year and 1,200 hours for the second year with an estimated 3 trips for the first year and 7 trips for the second year. MCC anticipates this level of effort but does not guarantee this level of effort as it may increase or decrease.

The Consultant shall provide services to MCC on an as needed basis, as required. To support MCC in the flexible and timely manner needed to meet the evolving needs of project due diligence, development and implementation, technical directives under this statement of work will be issued and the Consultant deployed each time the Consultant’s services are needed over the course of this contract.

The consultant will work from his/her home office and/or MCC headquarters and/or any MCC eligible country.

G. Timing and Reporting All formal communication with MCC, including reports, will be submitted to the Contracting Officer Technical Representative (COR), Program Monitor (PM), and other designated MCC personnel. 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 SoW 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 SoW or of the terms and conditions of the SoW 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.

H. Conflict of Interest

The Consultant would be precluded from bidding on work and services (design, assessment, program implementation) to be procured by the host country’s Compact program management entity or using funds advanced under a Compact or Threshold Program in the country where services are being provided to MCC. The designated Consultant would be expected to coordinate with local authorities responsible for MCC Compact implementation as well as other donors, where relevant. However, designated Consultant would report directly to the designated COR/PM.

I. Evaluation Criteria

Please note that fluency in spoken and written French is a minimum requirement for this position. Candidates without these language skills will not be considered.

· Demonstrated experience and expertise in land tenure and property rights in developing countries.

· Demonstrated experience and expertise in analysis of French-language land laws, regulations, and administrative procedures and identification of gaps, inconsistencies, or areas for potential reform.

· Demonstrated experience with the design and implementation of complex land administration and land tenure regularization projects.

· Demonstrated experience with the provision of technical analysis and recommendations to donor institutions (such as MCC or the World Bank).

· Degree in law or other field relevant to land tenure legal and institutional analyses

· Fluency in spoken and written French is required. Intermediate to advanced skills in spoken and written English are desirable.

J. Other requirements International travel to Niger, Togo, Morocco and other MCC-eligible countries will be 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.