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Statement of Work Land Tenure Legal and Institutional Analysis Services 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 the development and implementation of land administration and land tenure-related investments in MCC-eligible countries.

C. Country Malawi and any other MCC-eligible countries

D. Tasks and Deliverables 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.

· Other tasks as assigned by the COR

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.

E. Period and Place of Performance

All work will be completed between the dates of the award for a two-year period of performance.

The estimated level of effort is estimated at up to 1,400 hours per year (150 hours for Morocco and 1,250 hours for Timor-Leste with an estimated 6 trips per year. MCC anticipates this level of effort but does not guarantee this level of effort as it may increase or decrease.

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

F. Evaluation Criteria

Mandatory:

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

· Demonstrated experience and expertise in analysis of 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 English and written English is required.

Preferred:

· Fluency in spoken or written French and/or Portuguese, including ability to conduct detailed legal analysis in those languages G. Subcontracting

The consultant is authorized to subcontract data collection, environmental and social analysis, translation services, and related services. The overall costs for subcontracting shall not exceed 25% of the consultant’s total negotiated unloaded direct labor cost. All subcontracts will be contingent on MCC’s approval.

H. Time 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 ToR 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 ToR or of the terms and conditions of the ToR 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.

I. Conflict of Interest

The Consultant will be precluded from bidding on work and services (design, assessment, construction and supervision) to be procured by the local MCAs accountable entity or using funds advanced under a Compact in the relevant country.

J. Other requirements International travel to Malawi 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.