1 - SOW.docx

STATEMENT OF WORK

Gender and Social Sustainability in Infrastructure Consultant

A. Introduction

The Millennium Challenge Corporation (MCC) is a U.S. Government agency 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.

When partner countries worldwide work with MCC on identifying binding constraints to growth, the evidence often leads to infrastructure, both physical infrastructure needs and related policy and institutional reforms that enhance infrastructure’s contribution to sustainable growth and poverty reduction. Among MCC’s diverse portfolio of investments, infrastructure is one of the most visible signs of MCC’s evidenced-based approach to development. Reliable roads, airports, seaports, irrigation canals, water and sanitation networks, electrical systems, schools, and health centers therefore become a foundation for economic growth. Throughout Africa, Asia, the Middle East, Europe, and Latin America, MCC’s partners have directed the majority of their MCC-funded programs to closing the infrastructure gap and creating the means for communities and citizens to meet local market opportunities and compete in a global economy. For more information on the MCC, please visit www.mcc.gov.

B. Scope

The Department of Compact Operations (DCO), Sector Operations Division (SO) is seeking a francophone consultant in infrastructure, gender, and social sustainability (including risk reduction) to provide due diligence support within the Gender and Social Inclusion (GSI) Practice Group. In the course of compact implementation, GSI staff contribute to the development and review of procurement packages for infrastructure design, oversight, and construction works to ensure that they provide sufficient information and detail about requirements for compliance with MCC policies. These policies include the MCC Counter-Trafficking in Persons (C-TIP) Policy (https://www.mcc.gov/resources/doc/policy-counter-trafficking-in-persons-policy), the MCC Guidance Note to MCAs on Sexual Harassment (https://www.mcc.gov/resources/doc/guidance-note-to-mcas-on-sexual-harassment), the MCC Gender Policy (https://www.mcc.gov/resources/doc/gender-policy), and the country partner Millennium Challenge Account (MCA)’s Social and Gender Integration Plan (SGIP), which is a public document posted on every MCA’s website, once it has been developed. In addition, MCC adheres to its Environmental Guidelines (https://www.mcc.gov/resources/doc/environmental-guidelines) and to the International Finance Corporation (IFC) Performance Standards on Environmental and Social Sustainability. Following MCA procurement of such infrastructure-related contracts, MCC GSI staff are responsible for working with MCC Environmental and Social Performance (ESP) and Infrastructure colleagues and with the counterpart MCA staff to ensure effective oversight of contractor compliance with policies and the terms of the contracts. GSI staff take the lead on compliance with the C-TIP Policy and prohibitions against sexual harassment, as well as encouragement of women’s employment in MCC-funded infrastructure-related activities.

This statement of work (SoW) is for a mid- to senior-level consultant to support the above work, focusing on integration and oversight of requirements related to social sustainability in MCC-funded infrastructure design, procurement, and project implementation, particularly requirements related to gender, women’s employment in infrastructure, C-TIP, and prohibitions against sexual harassment. Given that much of MCC’s work is in francophone countries, MCC specifically seeks a francophone consultant.

C. Country

Morocco, Côte D’Ivoire, Mongolia, Senegal, and any MCC eligible country

D. Tasks and Deliverables

Tasks:

The consultant reports to the program monitor (PM) or the contracting officer technical representative (COR). S/he works as part of the GSI practice group to support planning, budgeting, design, conduct, oversight, monitoring, and reporting related to social sustainability in MCC-funded infrastructure activities. The primary focus of tasks relates to compliance with MCC’s polices and guidance related to gender, counter-trafficking in persons (C-TIP), and prohibitions against sexual harassment and to encouragement of women’s employment in infrastructure.

This position requires professional diplomacy and the ability to work successfully with people possessing a wide range of experience and knowledge related to infrastructure and construction, environmental and social performance, and gender equality in the workplace. It also requires strong attention to detail, as MCC’s approach to social sustainability in infrastructure starts with cross-referenced requirements in procurement and contract documents and continues through monitoring of and feedback on contractor reports.

Document review and policy and contract compliance

· Provide advice and guidance to support MCC project compliance with the MCC policies listed above, with country partners’ Social and Gender Integration Plans (SGIPs), and with the International Finance Corporation’s Performance Standard 2 on Labor and Working Conditions.

· Review project-related documents 1) to identify omissions related to MCC policies and guidance on gender, C-TIP, and sexual harassment and to the MCA’s Social and Gender Integration Plan (SGIP) and 2) to suggest appropriate specifications to insert to make documents responsive to those policies and guidance and to the SGIP. Relevant documents to be reviewed include the following: infrastructure-related terms of reference (ToRs), technical specifications, bills of quantity and other construction bidding documents, contracts, feasibility studies, environmental and social impact assessments (ESIAs), subject-specific risk assessments, environmental and social management plans (ESMPs), resettlement action plans (RAPs), work plans, performance monitoring plans, and project reports.

· As requested by MCC, prepare materials for MCA bidders’ conferences to orient bidders to MCC policies and key policy and contractual compliance areas.

· As requested by MCC, support MCA staff to provide feedback to consultants and contractors related to deliverables and compliance with contractual requirements related to gender and social sustainability and stakeholder engagement.

· Support MCC to review consultant and contractor reports, maintain summary compliance data, and draft Chreports for compact close-out.

Risk assessment and mitigation

· Review ToRs for ESIAs and other risk assessments and provide recommendations for strengthening procedures for risk assessment related to TIP, sexual exploitation and abuse (SEA), sexual harassment, and gender-based violence (GBV).

· Propose strategies for mitigating risks related to TIP, SEA, sexual harassment, and GBV identified in ESIAs or other assessments and develop ToRs, work plans, and budgets detailing any proposed interventions.

· Support MCC and MCA staff to work collaboratively with ESP colleagues to review and revise ESMPs and RAPs to incorporate strategies, activities, and procedures 1) to mitigate risks of TIP, SEA, sexual harassment, and GBV, including through community engagement, and 2) to monitor and report on implementation of those strategies, activities, and procedures.

· Undertake missions to project sites, as requested by MCC, to review project risks and provide recommendations on risk mitigation. If applicable, recommend course-correction actions.

Training and hands-on technical assistance

· Develop materials and provide orientations, check-lists, and overview guidance to staff of MCC country partner entities (MCAs) and to their respective consultants and contractors on the requirements of MCC’s Gender Policy, C-TIP Policy, Guidance Note to MCAs on Sexual Harassment (with respect to MCA projects and not internal HR policy), IFC Performance Standard 2 on Labor and Working Conditions, women’s employment targets, and other related topics.

· Develop resources, presentations, and planning and monitoring tools to support MCC staff’s efforts to engage and assist their MCA counterparts to understand and effectively undertake the development of infrastructure-related procurements and the oversight of infrastructure-related contract implementation with respect to GSI-related policy compliance.

· Support MCC sand MCA staff in coordinating with the staff of supervisory engineers, program management consultants, and works contractors, specifically to follow-up on implementation and monitoring of gender and social sustainability requirements and women’s employment targets.

· As requested by MCC, participate in-person or virtually in MCA workshops and meetings with key stakeholders.

Deliverables:

Some illustrative deliverables are as follows:

1. Document review: Oral feedback and written revisions and comments on reports, ESIAs, ESMPs, contractor action plans, bidding documents, etc. as specified above. Typically, consultants have five to ten days to review documents and provide comments and occasionally MCC requests comments on a more expedited timeline.

2. Training materials: presentations, check-lists, guidance handouts, etc.

3. Trip plans and reports: If required to travel, MCC would expect written input into trip plans and a trip reports to the MCC COR/PM to summarize activities carried out, site visits made, risks identified, and recommended mitigation efforts.

4. Work plans and timelines: for the consultant and supporting MCC to support MCAs to develop them

5. Meetings: planning and coordination meeting, orientation meetings, etc

E. Period and Place of Performance

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

The estimated level of effort up to 1250 hours in the first year and 950 hours in the second year for a total of 22000 hours with up to three trips per year, once safe international travel is possible. 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 the consultant’s home office and/or MCC headquarters or from any MCC eligible country and other MCC eligible countries to carry out the responsibilities above.

F. 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.

G. 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.

H. 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.

I. Evaluation Criteria

Required:

· Either an MA in urban or development planning or in a social science field with infrastructure-related training and experience OR an MA in engineering or environmental science with social science and gender analysis training and experience.

· Minimum 5 years of experience relevant to the tasks and deliverables listed above, including the following:

· Demonstrated experience with procurement of services for large, complex projects, particularly small and large construction works projects in the energy, roads, water, and or education sectors

· Demonstrated experience ensuring social sustainability on infrastructure/ construction projects

· Specific experience producing or reviewing ESIAs and ESMPs

· Demonstrated experience ensuring project and contractor compliance with labor and workplace standards

· Demonstrated knowledge and experience of trafficking in persons prohibitions and risk management related to TIP, SEA, and GBV

· Demonstrated experience monitoring contractor compliance with contractual requirements and managing communication with contractors

· Demonstrated experience with planning and facilitating stakeholder engagement related to infrastructure/construction activities

· Demonstrated ability to use Excel, read budgets and financial documents, and to develop and maintain work plans and/or project management trackers from procurement through implementation.

· Demonstrated experience working collaboratively on multi-disciplinary, multi-cultural teams.

· Fluency in written and spoken English and demonstrated ability to produce high quality written deliverables in English.

· Working proficiency in French with a minimum ability to review documents in French and to insert commentary and suggested revisions in French, in an efficient, accurate, and coherent manner.

· Willingness to become knowledgeable about 1) each of MCC’s gender-related policies listed above in Section B. Scope and 2) MCC’s standard bidding documents (SBDs) and procurement practices: https://www.mcc.gov/resources?fwp_resource_type=standard-bidding-document

· Willingness and ability to become familiar with good practices and challenges related to MCC’s infrastructure projects in various countries and to balance the demands of work in more than one country and project at once.

Strongly Preferred:

· Experience with incentivizing employers to recruit, hire, retain, and promote women and to sustain gender equitable workplaces.

· Experience with mitigation of risks of sexual exploitation and abuse and gender-based violence

· Experience with requirements for specifying and achieving infrastructure that is physically accessible to people with a range of physical abilities, including those people using wheelchairs and other devices to assist mobility

· Knowledge of the IFC Performance Standards on Environmental and Social Sustainability and their application in development projects

· Experience working on an MCC project or on an infrastructure project funded by the World Bank or other large development donor