SOL-72051418R00016_-_Land_for_Prosperity.pdf

Date Issued: ....................................................................................January 29, 2019 Questions Due date and time: ...........February 12, 2019 – 15:00 Bogota Time (LT) Bidders’ conference:..................................................February 14, 2019 – 08:00 LT Past Performance Information due date and time......February 28, 2019 – 15:00 LT Closing Date and time: ..................................................March 18, 2019 – 15:00 LT

Subject: Request for Task Order Proposals (RFTOP) No. 72051418R00016, USAID’s Land for Prosperity Activity – Programa Nuestra Tierra Próspera de USAID

Reference: USAID/W “Strengthening Tenure and Resource Rights II (STARR II)” Indefinite Delivery Indefinite Quantity (IDIQ) Contract

The United States Government – represented by the United States Agency for International Development (USAID)/Colombia – is seeking Task Order proposals from current holders of an active contract under the STARR II IDIQ, to provide services to support the Government of Colombia (GOC) in its commitments on land tenure formalization, as described in the attached Request for Task Order Proposals (RFTOP).

Authorized Principal Geographic Code for this solicitation is 937 – Default. North American Industry Classification System (NAICS) Code for this solicitation is 541990 – All Other Professional, Scientific and Technical Services.

USAID anticipates awarding a single Cost plus Fixed Fee (CPFF) Completion Task Order under the Indefinite Delivery, Indefinite Quantity Contract (IDIQ) contract referenced above. Please refer to Section L for information regarding proposal requirements. Offerors should take into account the expected delivery time required by the proposal transmission method they choose and they are responsible for ensuring proposals are received at USAID by the due date and time as specified above. Failure to comply with the submission date and time will deem any submission unacceptable and it will not be reviewed or evaluated. Faxed proposals are not acceptable, nor will they be reviewed or evaluated.

Section L of the RFTOP sets forth all instructions for the preparation and submission of required proposal contents. Section M states the criteria by which proposals will be evaluated. Oral explanations or instructions given before award of the contract will not be binding and will not constitute a formal amendment of the RFP.

Important Note: In accordance with Section L.6 – Delivery Instructions, prospective offerors must submit Past Performance Information by the date noted above. Offerors whose Past Performance information is not received by the date/time above will be considered non-compliant and will be eliminated from further consideration.

This RFTOP in no way obligates USAID to award a task order nor does it commit USAID to pay http://www.fbo.gov/ http://www.fbo.gov/

RFP NO. 72051418R00016 USAID’S LAND FOR PROSPERITY ACTIVITY

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1. PURPOSE

B.2. CONTRACT TYPE

B.3. ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT

B.4. INDIRECT COSTS (DEC 1997)

B.5. COSTS REIMBURSABLE

B.6. PAYMENT OF FIXED FEE

B.7. GRANTS UNDER CONTRACT (GUC)

B.8. BUY-IN/FIELD SUPPORT

B.9. MULTI-YEAR CONTRACT AND CANCELLATION CEILING

SECTION C – DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

(SOW)

C.1. TITLE OF ACTIVITY

C.2. PURPOSE AND OBJECTIVES

C.3. BACKGROUND

C.3.1. Country Context

C.4. REGIONAL IMPLEMENTATION AND GEOGRAPHIC COVERAGE

C.5. COMPONENTS

C.5.1. Component 1 – Advance massive land titling in rural areas along with continued restitution support C.5.2. Component 2 – Strengthen local capacity to maintain formalized land transactions

C.5.3. Component 3 – Strengthen land governance and economic development through strategic Public Private Partnerships (PPPs)

C.6. GUIDING PRINCIPLES AND POLICIES

C.6.1. Gender, Ethnic Minorities, and Youth integration throughout the Activity C.6.2. Environmental Considerations C.6.3. Coordination C.6.4. Coordination of High-Level dialogue meetings with the GOC C.6.5. Transition of Knowledge, Skills, and Abilities C.6.6. Citizen Security

C.7. RESULTS

C.8. MONITORING, EVALUATION, AND LEARNING

C.9. GRANTS MANAGEMENT

SECTION D – PACKAGING AND MARKING

D.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE..28

D.2 AIDAR 752.7009 MARKING (JAN 1993)

D.3 BRANDING AND MARKING POLICY

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE..29

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE..30

F.2. PERIOD OF PERFORMANCE

F.3. PLACE OF PERFORMANCE

F.4. PERFORMANCE STANDARDS

F.5. PERFORMANCE EVALUATION

F.6. AUTHORIZED WORK DAY/WEEK

F.7. REPORTS AND DELIVERABLES

F.7.1. Reports and Plans F.7.2. Other Deliverables F.7.3. Deliverables Matrix

F.8. KEY AND NON-KEY PERSONNEL

F.8.1. Key Personnel F.8.2. Non-Key Personnel

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE..53

G.2. TASK ORDER CONTRACTING OFFICER (TOCO)

G.3. TASK ORDER CONTRACTING OFFICER’S REPRESENTATIVE (TOCOR)

G.4. CONTRACTOR’S PRIMARY POINT OF CONTACT

G.5. CONTRACTOR’S PAYMENT ADDRESS

G.6. ACCEPTANCE AND APPROVAL

G.7. TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.8. PAYING OFFICE

G.9. ACCOUNTING AND APPROPRIATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE..57

H.2. AUTHORIZED GEOGRAPHIC CODE

H.3. ENVIRONMENTAL COMPLIANCE

H.4. CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.5. NOTICE OF EXCLUSION OF MEDICAL EVACUATION COVERAGE

H.6. WAIVERS FOR THIRD COUNTRY AND LOCAL NATIONALS

H.7. EMPLOYEE COMPENSATION LIMITATIONS UNDER THE CONTRACT AND

SUBCONTRACTS

H.8. ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.9. TRANSITION OF KNOWLEDGE, SKILLS AND ABILITIES

H.10. EXCHANGE VISITORS AND TRAINING

H.11. GOVERNMENT FURNISHED FACILITIES OR PROPERTY

H.12. INHERENTLY GOVERNMENTAL AND CLOSELY ASSOCIATED FUNCTIONS

H.13. PERFORMANCE MANAGEMENT INFORMATION SYSTEM

H.14. PRESS RELATIONS

H.15. REQUESTS FOR CONSENT TO SUBCONTRACT

H.16. SUBCONTRACTING PLAN

H.17. EXECUTIVE ORDER ON TERRORISM FINANCING

H.18. SECURITY CONDITIONS

H.19. LIFE SUPPORT AND SECURITY SERVICES

H.20. TITLE TO AND CARE OF PROPERTY

H.21. NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION

TECHNOLOGY RESOURCES

H.22. USAID LEGAL AND POLICY CONSIDERATIONS

H.23. USAID/COLOMBIA COMMUNICATIONS AND OUTREACH REQUIREMENTS65

H.24. EXPATRIATE PERSONNEL

SECTION I – APPLICABLE CLAUSES

I.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE..67

I.2. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE..67

SECTION J – ATTACHMENTS, EXHIBITS AND OTHER DOCUMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS

K.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE..69

K.2. KEY INDIVIDUAL CERTIFICATION NARCOTICS OFFENSES AND DRUG

TRAFFICKING

K.3. CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE

PLAN 69

K.4. SIGNATURE

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

OR RESPONDENTS

L.1. NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

L.2. 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.3. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) 72

L.4. 752.252-1 AIDAR SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (MAR 2015)

L.5. GENERAL INSTRUCTIONS

L.5.1. Single Award L.5.2. RFTOP Instructions L.5.3. Accurate and Complete Information L.5.4. Offer Acceptability L.5.5. Offer Validity L.5.6. Proposal Preparation Costs L.5.7. Questions to the Solicitation

L.6. DELIVERY INSTRUCTIONS

L.6.1. General Instructions L.6.2. Proposal submission:

L.7. INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL

PROPOSAL

L.7.1. General Instructions L.7.2. Format, Page Limitation and Content L.7.3. Technical Approach (See Section M.2.1) L.7.4. Management Approach and Capability (See Section M.2.2)

L.7.5. Past Performance (See Section M.2.3) Branding Implementation Plan and Marking Plan (Required but Not Evaluated)

L.8. INSTRUCTIONS FOR THE PREPARATION OF THE COST/BUSINESS

PROPOSAL (SEE SECTION M.3)

Part 1 - Standard Form (SF) 33 Part 2 – Proposed Costs/Prices/ Detailed Budget Narrative Part 3 - Representations, Certifications, and Other Statements of Offerors Part 4 - Policies and Procedures Part 5 - Information Concerning Work-Day, Work-Week, and Paid Absences Part 6 - Subcontracting Plan and Small Business Concerns Part 7 - Joint Venture Information Part 8 - Evidence of Responsibility Part 9 - Information to Support Consent to Subcontractors Part 10 - Letters of Commitment (Major Subcontractors) Part 11 - Legislative Reporting Information

SECTION M - EVALUATION FACTORS FOR AWARD

M.1. GENERAL INFORMATION

M.2. TECHNICAL EVALUATION (SEE Section L.7)

M.2.1. Technical Approach (See Section L.7.3) M.2.2. Management Approach and Capability (See Section L.7.4) M.2.3. Past Performance (See Section L.7.5)

M.3. COST EVALUATION (SEE Section L.8)

M.4. DETERMINATION OF THE COMPETITIVE RANGE

M.5. SOURCE SELECTION

ATTACHMENTS AND OTHER DOCUMENTS

ATTACHMENT 1 – PAST PERFORMANCE INFORMATION

ATTACHMENT 2 – BRANDING STRATEGY

ATTACHMENT 3 – BRANDING IMPLEMENTATION PLAN AND MARKING PLAN...94

ATTACHMENT 4 – BUDGET TEMPLATE

ATTACHMENT 5 – CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN

ATTACHMENT 6 – SMALL BUSINESS SUBCONTRACTING PLAN

ATTACHMENT 7 – ASSESSMENTS OF USAID/COLOMBIA ACTIVITIES

ATTACHMENT 8 – MISSION ORDER ON PUBLIC-PRIVATE PATNERSHIPS

ATTACHMENT 9 – CLIMATE RISK MANAGEMENT FOR USAID ACTIVITIES

ATTACHMENT 10 – GENDER ANALYSIS MATRIX

ATTACHMENT 11 - U.S MISSION COLOMBIA LOCAL COMPENSATION PLAN

SALARY RANGES

ATTACHMENT 12 – USAID FORM 1420-17-CONTRACTOR BIOGRAPHICAL DATA

SHEET

ATTACHMENT 13 – SF-LLL - DISCLOSURE OF LOBBYING ACTIVITIES

ATTACHMENT 14 – ILLUSTRATIVE INDICATORS

ATTACHMENT 15 - MAIN METHODOLOGIES SUPPORTED BY LRDP

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1. PURPOSE

The purpose of this Task Order (TO) is to provide services that fall within the Scope of Work (SOW) specified in Section C below.

B.2. CONTRACT TYPE

This is a Cost-plus-Fixed-Fee (CPFF) Completion TO.

For the consideration set forth in the TO, the Contractor must provide the deliverables or outputs described in Section C and comply with all TO requirements.

B.3. ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT

The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is [TBD]. The fixed fee, if any, is [TBD]. The estimated Cost plus Fixed Fee, if any, is

[TBD].

Within the estimated CPFF (if any) specified in the paragraph above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is [TBD]. The Contractor must not exceed the aforesaid obligated amount.

Funds obligated hereunder are anticipated to be sufficient through [TBD].

The following is the Budget summary for this activity:

Description Total ($)

Activity Costs………………………....... [TBD]

Non-construction sub activities……… Grants under Contract…………… Total Activity Fund……………………..

[TBD]

$20,000,000

[TBD]

Total Estimated Cost…………………… [TBD]

Fixed-Fee………………………………. [TBD]

Total Estimated Cost Plus Fixed Fee [TBD]

The inclusion of any costs in the budgets above does not obviate the requirement for prior approval by the Task Order Contracting Officer (TOCO) of cost items designated as requiring prior approval by any of the terms and conditions of this TO, including the applicable cost principles (see FAR § 52.216-07, “Allowable Cost and Payment”); nor does it constitute a determination of allowability by the TOCO of any item of cost, unless specifically stated elsewhere in this TO. The Contractor will not bill any amounts against this TO in excess of the amounts specified for each line item.

B.4. INDIRECT COSTS (DEC 1997)

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs will be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

[TBD upon award]

B.5. COSTS REIMBURSABLE

The U.S. dollar costs allowable will be limited to reasonable, allocable, and necessary costs determined in accordance with FAR § 52.216-7, “Allowable Cost and Payment,” FAR § 52.216- 8, “Fixed Fee,” FAR § 52.232-20, “Limitation of Cost,” and FAR § 52-232-22, “Limitation of Funds,” if applicable, and AIDAR 752.7003, “Documentation for Payment.”

B.6. PAYMENT OF FIXED FEE

USAID will pay a proportion of the Contractor’s fixed fee pursuant to FAR § 52.216-8, “Fixed Fee,” upon the receipt of an invoice deemed proper by the Office of Financial Management (USAID/Colombia/FMO).

Pursuant to FAR 16.306 (d), payment of fixed fee will be based on completion of the deliverables described in Section F.7.3, subject to inspection and acceptance by USAID as specified in Section E, of the same and otherwise in compliance with the terms of the contract.

Upon acceptance by USAID and receipt of approval from the TOCO, the Contractor will submit an invoice for the amount of the fee associated with the deliverable. The Contractor must propose a fee distribution schedule for review and approval by USAID.

B.7. GRANTS UNDER CONTRACT (GUC)

Adjustments between the Estimated Cost–Plus-Fixed-Fee and Grants under Contract budget line items are not authorized. The amounts for GUCs must only be used for grants. No indirect costs or fees are applied to GUCs.

B.8. BUY-IN/FIELD SUPPORT

Funding for mission buy-in and Field support in this TO must be in accordance with the procedures set forth in Section F.9 of the IDIQ.

B.9. MULTI-YEAR CONTRACT AND CANCELLATION CEILING

This contract is subject to the requirements of FAR 17.106.

Performance under this contract during the second and subsequent program years is contingent upon the appropriation of funds. All program years except the first are subject to cancellation.

Cancellation must occur by the dates specified below if the TOCO:

1. Notifies the Contractor that funds are not available for contract performance for any subsequent program year, or

2. Fails to notify the Contractor that funds are available for performance of the succeeding program year.

Cancellation Ceiling:

In the event that the Government cancels requirements for services in subsequent program years under this contract, the following conditions will apply.

If cancellation under the clause at 52.217-2, “Cancellation under Multi-year Contracts” occurs, the Contractor will be paid a cancellation charge not over the cancellation ceiling defined as follows:

Program Year Cancellation Date Cancellation Ceiling

Year 1: 2019 – 2020 N/A N/A

Year 2: 2020 – 2021 [TBD] [TBD]

Year 3: 2021 – 2022 [TBD] [TBD]

Year 4: 2022 – 2023 [TBD] [TBD]

Year 5: 2023 – 2024 [TBD] [TBD]

The Government’s liability for cancellation charges must not exceed [TBD]. This amount will be reduced in accordance with FAR 17.106-1 (c)(1) at the conclusion of each program year as follows:

The cancellation ceiling must be the amount allotted to this contract under the Limitation of Funds clause (FAR 52.232-22(b)) at the time the cancellation notice is issued by the TOCO.

(d) In accordance with the Cancellation under Multi-year Contracts clause, the cancellation charge will cover only:

(1) Costs-

(i) Incurred by the Contractor and/or subcontractor;

(ii) Reasonably necessary for performance of the contract; and

(iii) That would have been equitably amortized over the entire multi-year contract period but, because of the cancellation, are not so amortized; and

(2) A reasonable profit or fee on the costs.

[END OF SECTION B]

SECTION C – DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK (SOW)

C.1. TITLE OF ACTIVITY

USAID’s Land for Prosperity Activity (hereafter also referred to as “Land for Prosperity” or the “Activity”).

C.2. PURPOSE AND OBJECTIVES

The purpose of this Activity is to improve the conditions of conflict affected rural households in a sustainable manner. This will be achieved by providing massive access to land titles while supporting land restitution as part of the broader land titling policy support, strengthening local government capacity, and integrating them to licit socio economic opportunities in targeted areas. The Activity will have a special focus on empowering women and youth to unlock the potential of all rural Colombian citizens in selected regions. The initiatives designed under this Activity must focus on strengthening regional state presence and advancing massive land formalization as a mean to combat illicit economies to support rural transformation and citizen security. Given USAID’s strategic goal to achieve a “Colombia more capable of successfully implementing a sustainable and inclusive peace”, this Activity presents an important opportunity to contribute to this goal. This Activity falls under the current Development Objective (DO) 3, “Improved conditions for inclusive economic growth” and supports Intermediate Results 3.1:

“More equitable and secure land tenure” and Intermediate Result 3.2: “Increased public and private investment in the rural sector”. USAID will be designing a new Country Development Cooperation Strategy (CDCS) for which this Activity will need to align to once it is finalized.

The provision of conditions for licit sustainable livelihoods begins with clear land tenure in targeted geographies.

To achieve this purpose, Land for Prosperity will work with the national and subnational governments, the private sector, and communities to strategically support the expansion of massive land titling (massive land formalization) in rural areas and linking land restitution to these efforts, building local capacity to preserve land parcels in the regulated market, despite ongoing land-market transactions. The Activity will also link small landowners in regions with presence or risk of illicit crop cultivation to sustainable and licit economic opportunities, prioritizing beneficiaries of both land restitution and the broader land policies of the Government of Colombia (GOC). Land for Prosperity will focus on three main components: i) massive titling and land restitution; ii) strengthening of local capacity to make transactions of land formal and clear; and, iii) strengthening land governance and economic conditions through strategic public private partnerships. As a crosscutting issue to these components, the Activity must focus on the inclusion of persons historically marginalized from sustainable and inclusive rural development, largely women, youth, conflict victims, Afro-Colombians and Indigenous communities.

In doing so, Land for Prosperity will play a significant role in combating one of the long-term underlying factors that have enabled illicit crop production, fueled instability, hampered effective agricultural transformation and investment in rural areas, and inhibited land governance and management: unclear land tenure and property rights, and lack of control over land use and its administration. By addressing unclear land rights and supporting local empowerment to maintain land parcels in the formal system paired with adequate economic conditions, Land for Prosperity is expected to break the vicious cycle of weak state presence and high levels of poverty that leaves room for illicit economies to flourish and that in turn, further erodes governance, state presence, and citizen security. This approach will also increase the chances of sustained results once the Activity ends.

Land for Prosperity will build on USAID’s previous support to the GOC through its Land and Rural Development Program’s (LRDP) progress and achievements where there is geographic and thematic overlap. Some of these achievements include but are not limited to: designing and piloting massive titling methodologies; strengthening local land governance by establishing municipal land offices, titling schools and lands with public services to allow social investment;

obtaining GOC commitment for joint cadaster and titling efforts; mobilizing funding in remote rural areas for the provision of basic services; establishing Public Private Partnerships (PPPs) and linking restituted families and beneficiaries of land titling; improving access and security of land information; and incorporating new methodologies to accelerate land restitution and secure sustainable implementation of judicial orders, among others.

The ultimate goal of the Land for Prosperity is to improve the local administration and management of land in areas with presence or risk of expansion of illicit crops for land market transactions to remain in the formal system. All three components will be implemented in each region. The ultimate outcome is the improved and sustained conditions of conflict affected rural households that transition from illicit economies or that live in regions with the risk of expansion of illicit crops. This outcome will be achieved by engaging private sector partners and mobilizing domestic investments in targeted regions with an eye towards helping Colombia become more self-reliant.

C.3. BACKGROUND

C.3.1. Country Context

In December 2016, the GOC and the Revolutionary Armed Forces of Colombia (FARC) signed a peace accord to end the over 50-year armed conflict in Colombia. The number one agenda item of the peace accord positions agriculture as one of the three pillars that will drive the Colombian economy. This agenda item calls for an integral rural reform to achieve agricultural transformation and development. Additionally, the number four item of the accord (as a subset of the number one agenda item) calls for voluntary substitution of illicit crops. In order to achieve these two goals sustainably, structural reforms need to occur and the GOC needs to test new ways of doing business. The signing of this accord and its implementation opens a window of opportunity to address issues that had not been part of the land agenda before and generates momentum to advance in strengthening tenure security.

Academic research confirms that land property rights form a key component of an institutional setting, establishing the rules for the use of and access to land. A number of positive economic and social outcomes are commonly associated with formal and well-defined land property right systems in rural and urban areas. Several scholars report positive effects on rural investment1 .

One of the core underlying problems to achieve agricultural development and licit economic

1 Muñoz-Mora, J.C. et al. 2017. The role of land property rights in the war on illicit crops: Evidence from Colombia.

https://www.sciencedirect.com/science/article/pii/S0305750X17303455 opportunities is unclear land tenure2 and property rights3 paired with insufficient – and in some cases nonexistent – basic services. A lot is said about the need for rural development, the “industrialization of rural areas”, and the potentialities of the agroindustry for the present and future of Colombia with the expectation of stable and durable peace; however, and despite recognizing the efforts to address it, legislation over land and land use, before being a vehicle that can favor development, in many cases continues to be an obstacle for this purpose4. Many scholars have suggested that a lack of formal land rights could hinder law enforcement by government bodies, increase social tensions, facilitate illegal recruitment, forced displacement and land appropriation, and boost illegal activities in conflict areas5.

It is very unlikely to achieve these goals when there is no clarity of what land belongs to whom or who can invest in it. As much as 60 percent of the rural population, representing 6.8 million people and over 2 million parcels of land, suffer from insecure land rights because of defects in their title or informal land occupation6. An estimated 30 percent of the country, mostly in the Southeast, has no parcel location information7. Furthermore, even where available, parcel information is often incorrect or outdated. Even in parts of the country to which the GOC remit extended over the years, land data collection and management is inadequate and land administration is highly fragmented. This weak administration of land has left Colombia with most of its agricultural land under/ misutilized.

Additionally, illicit crop cultivation is more likely to occur on undocumented, unregistered lands.8 Recent research found that “formalization of one additional hectare of land with respect to small landholders in an average municipality in the year 2000 is associated with the decrease of approximately 1.4 hectares of land allocated to coca within that particular municipality, ceteris paribus”9. Farmers with insecure land tenure are at high risk of displacement by illegal armed groups seeking land for illicit crop cultivation, which in turn affects citizen security in these regions. Of Colombia’s alternative development beneficiaries, only an estimated 10 percent have registered their lands, with implications on the long-term sustainability of licit economies.10 The absence of the minimum conditions in rural areas not only generates incentives for former coca producers to move back to these crops but also creates the risk of those that do not find any other long-term viable option to move into this illicit economy. Past attempts to provide subsidies and target coca producers for basic service provision, instead of securing these minimum conditions

2 Land tenure is the relationship, whether legally or customarily defined, among people, as individuals or groups, with respect to land. Source: FAO Corporate Document Repository 3 Property rights refer to rules that specify who may do what with a particular place or thing, for how long and under what conditions (e.g. who may sell, rent or destroy an object). Source: FAO Corporate Document Repository 4 Source: Revista Dinero: www.dinero.com/opinion/columnistas/articulo/5-reflexiones-urgentes-para-el-futuro-del-pais-victor-malagon/243069# 5 Muñoz-Mora, J.C. et al. 2017. The Role of Land Property Rights in the War on Illicit Crops in Colombia.

6 Source: Interview with Instituto Geográfico Agustín Codazzi 7 Source: Interview with Instituto Geográfico Agustín Codazzi 8 Muñoz-Mora, J.C. et al. 2014. Does Land Titling Matter? The Role of Land Property Rights in the War on Illicit Crops in Colombia 9 Muñoz-Mora, J.C. et al. 2017. The role of land property rights in the war on illicit crops: Evidence from Colombia.

https://www.sciencedirect.com/science/article/pii/S0305750X17303455 10 Presentation by the United Nations Office on Drugs and Crime, Bogota, Colombia, 2016 http://www.dinero.com/opinion/columnistas/articulo/5-reflexiones-urgentes-para-el-futuro-del-pais-victor-malagon/243069 http://www.dinero.com/opinion/columnistas/articulo/5-reflexiones-urgentes-para-el-futuro-del-pais-victor-malagon/243069 to the broader rural population, has led to perverse incentives for other rural farmers to move into the illicit economy to access these benefits.

Finally, insecure land tenure and property rights have fueled rural poverty and generated persistent conflict. Like most conflict and post-conflict states, Colombia’s decades-long internal armed conflict further eroded an already weak land governance system. As a result, Colombia has one of the highest rates of unequal land distribution in Latin America, and the second largest displaced population in the world after Syria, with negative impacts mostly for women, ethnic communities, and youth (see attached documentation in Section J).

According to the World Economic Forum, for women in particular, land and property ownership marks the end to economic uncertainty and vulnerability, and has a potential impact on the entire community. Women invest 90% of their income in their immediate families and, when they own their property, they have more power over household decisions, food security is enhanced, and prospects are greatly improved for their children and future generations. In Colombia, approximately 64% of land owners are men, while 27% are women. Colombian women often find it difficult to prove their property ownership following the loss of a husband, particularly in cases where widows and abandoned women were informal marital partners with informal land rights. Particularly in rural areas, culturally speaking, women do not consider themselves the land owner despite legal protection even in the event of informal marriages. Beliefs about male ownership are so deeply engrained that women do not pursue or exercise the rights they are afforded by law. Furthermore, in Colombia much is still unknown about the impact land titles can have for women’s empowerment and youth retention in rural areas. Information disaggregated by sex, age and ethnicity is sorely lacking and GOC entities need help to use evidence and manage pertinent information as it relates to land-titling and its impact.

C.4. REGIONAL IMPLEMENTATION AND GEOGRAPHIC COVERAGE

In order to maximize catalytic impact, Land for Prosperity will focus its regional coverage of the three components in the regions of Southern Tolima, Montes de Maria, Meta (regions such as the Ariari), Catatumbo, Tumaco, Northern Cauca, and Bajo Cauca11. The regional coverage selected for this program is based on the following criteria in order of importance:

1. Regions with presence of illicit crop and/or risk of falling into illicit crop economies;

2. Regions with high informality and restitution demand with previous USAID LRDP work or support from other USAID programs;

3. Priority areas for post-conflict assistance by relevant GOC institutions (Stabilization

Geography, including Campesino Reserve Zones, Zones with voluntary illicit crop substitution GOC strategies, and targeted Rural Development Programs with a Territorial Focus (PDETs). These criteria will be discussed and agreed with the Colombian government’s National Land Agency and other relevant actors;

11 For USAID and for the purpose of this Statement of Work, the region of Bajo Cauca comprises the municipalities of Anorí, Briceño, Cáceres, Caucasia, El Bagre, Ituango, Nechí, Taraza, Valdivia, Zaragoza in Antioquia and Montelíbano, Puerto Libertador, San José de Ure, Tierralta, Valencia in Córdoba.

4. Opportunities for PPPs, including public sector commitment and private sector interest in responsible investments and massive titling, as well as identification of farmer based organizations, farmer cooperatives or associations and private sector actors willing to support smallholder farmers;

5. Presence of USAID and other donor interventions relevant to Land for Prosperity (i.e.

USAID’s Community Development Licit Opportunities, Producers to Markets Alliance, Justice for Sustainable Peace, Natural Wealth programs and the World Bank, EU, etc.)

C.5. COMPONENTS

Component 1:

Advance massive land titling in rural areas along with continued land restitution support

Component 2:

Strengthen local capacity to maintain formalized land transactions

Component 3:

Strengthen land governance and economic development through strategic public private partnerships

Objective:

Improve the conditions of rural households to achieve licit economic development through land tenure strengthening

C.5.1. Component 1 – Advance massive land titling in rural areas along with continued restitution support

Clear land tenure and secured property rights in rural areas are vital for rural transformation and agricultural development. Knowing who is the legitimate owner of which piece of land and where, is the basis for inclusive and sustainable investments from both the private and public sectors. Furthermore, sustainable agriculture requires secure and protected rights of farmer properties. As highlighted by the Food and Agriculture Organization of the United Nations (FAO), “if farmers cannot rely on their property rights and fear that they may lose their land and its produce, they will invest less and try to extract the minimum value from the resources in a shorter period of time, not knowing how long they will hold the right. They will thus jeopardize the future productivity of the soil. In this way, insecurity of property rights directly affects the sustainability of the use of the resource, its productivity and eventually its value”. Proper investment and accountability over the use of rural lands can only occur when the cadaster is reliable and ownership is clear. The land market is transparent when property rights are clear and the risk of land grabbing and land dispossession is reduced. Rural areas will only transition sustainably to peace and licit economies when not only political peace is achieved (signing of the peace accord), but social peace is reached (communities living with stability and secure rights over their land). Integral rural transformation and inclusive agricultural development are precursors to achieving social peace. Furthermore, the progress made through the Victims and Land Restitution Law on the return of land to those that were forced to abandon it needs to be accompanied by the broader land policy agenda to secure proper land governance in rural areas, for these families to know the truth of what happened, return to their land, and have economic and social opportunities.

a) Intermediate Result C.1.1: Expansion of massive land formalization linked to land restitution support

Massive formalization is understood as the titling and registry of lands in the name of its rightful owner. The expansion of massive land formalization is the mechanism to provide a reliable cadaster that allows legal ownership and secured property rights in rural areas. Implementing massive land formalization is a challenge due to the number of GOC institutions and different levels of capacity to support this effort in the field as well as traditional ways of issuing titles in Colombia by demand and not by offer. Maintaining formal land tenure is a challenge, due to the required local capacity to maintain accountability over land markets transactions and prevent them from falling out of the system.

Land for Prosperity will build on USAID’s competitive advantage in previous support provided to land policies in Colombia through its LRDP programming, including the design and execution of Colombia’s first parcel sweep methodology to implement massive land formalization (Ovejas, Sucre) while also updating the municipal cadaster, elaborating a cost and time assessment, and coordinating this pilot with land restitution efforts. Land for Prosperity support will include the incorporation of inputs provided by a USAID consultant to the National Land Agency to adapt the massive formalization methodology in municipalities with illicit economies. Land for Prosperity will use a “fit-for purpose12” approach to implement this methodology in targeted areas and will secure community participation and decision making in the definition, implementation, and oversight of massive formalization efforts supported. Land for Prosperity will work with local stakeholders that include local governments, community, academia, and the private sector, among others to secure land titles and maintain formal land tenure. Land for Prosperity will support land restitution as part of the efforts to provide integral and clear land tenure and property rights in targeted areas and their linkage to viable livelihoods and economic opportunities.

Land for Prosperity will assess innovative ways to advance massive land formalization in targeted municipalities in themes such as the survey and map parcels to update the cadaster, the use of technological tools to reduce costs, and partnerships with the academia to secure sustainability and knowledge transfer through innovative mechanisms to train and build local capacity to sustain land formalization once the activity ends. Land for Prosperity will provide catalytic support to the national GOC to secure effective support to the regions provided by these entities. Finally, Land for Prosperity will incorporate conflict resolution mechanisms and capacity in targeted regions to address land conflicts that prevent the issuance of land titles. This will be done through the mandated state authority and by working with universities and other entities that offer these services.

12 An adjusted methodology based on the Ovejas pilot that considers special regional conditions such as ethnic community land rights, environmental areas, presence of illicit crops, large private sector investments, among others.

b) Intermediate Result 1.2: Private Sector involvement in land formalization Undoubtedly, the peace accord is opening up a new land market in Colombia where new frontiers open up for private sector13 investment and agricultural industries. Land for Prosperity will assess and adapt models in which the private sector has gotten involved and supported land formalization (i.e. the National Federation of Coffee Growers support to formal land tenure of coffee producers to boost the development of the coffee value chain). Land for Prosperity will bring private sector actors that understand the importance of clear land tenure for the sustainability of their investments to work jointly with the public sector in targeted regions.

These private sector actors will be champions for the others to understand their strategy and follow-on to other investments, while working with Colombian State land-related entities and municipal offices.

Some examples include, but are not limited to:

- 10-12 documented proof of concept of massive formalization/registration pilots that also update the cadaster through adjusted parcel sweep methodologies developed with target municipalities by expanding the LRDP supported pilot in Ovejas, Sucre (at least one pilot per targeted region);

- Information system needs assessments and sustainability plans for centralized or decentralized land information systems in select municipalities;

- Information systems developed to assist cadaster, land administration and management;

- “Fit for purpose” approaches for technical exchanges on land-information data management in selected municipalities that ensure sustainability in the geographic coverage area;

- Documented harmonization pilots across the land titling and registration process in targeted regions;

- Online virtual land administration and management platforms for registered owners in selected municipalities;

- Piloting of simplified registration processes, use of mobile technology to reduce time and cost associated with land formalization and registration;

- Documented cadaster, massive systematic titling and registration practical guides at each pilot site.

C.5.2. Component 2 – Strengthen local capacity to maintain formalized land transactions The sustainability of massive land formalization is fully dependent on the GOC and local stakeholder’s capacity to maintain ongoing land market transactions formalized, including an updated cadaster. International experiences have demonstrated that international cooperation support to massive titling efforts will soon be dissolved after titles are issued if building the host country’s capacity to maintain further land transactions through a formal process is not strategically targeted in the support. The GOC has a better chance to achieve the ambitious goals set forth in the peace accord for land policies is by decentralizing activities, working through local stakeholders, and supporting them in the process instead of trying to implement peace accord activities directly. Furthermore, in and given progress made through the land restitution

13 Private Sector refers to companies and firms, not farmers of producer associations policy to return land to its rightful owners, these titles need to be part of a formal land market to maintain them updated and to secure proper land administration and governance.

a) Intermediate Result 2.1: Design and pilot tools required to maintain clear land tenure and property rights.

Land for Prosperity will support innovative approaches that allow the harmonized collection and management of cadastral information, land registry records and contextual data layers, with the purpose of strengthening government systems at the local level. While focusing on the select geography, Land for Prosperity will build on LRDP’s achievements in establishing a national level land information hub across 10 entities called “The Land Node” that addresses access to information for land restitution to bring similar tools to subnational governments for effective land administration and management, as well as to the national government for land formalization. Land for Prosperity will also build on USAID’s model of municipal land offices within the local governments to address land issues, collecting lessons learned and best practices.

Furthermore, Land for Prosperity will work with national institutions as well as municipal and departmental governments to carefully consider local needs and capacity for establishing or updating a sustainable local land information system. This will include not only considerations for data harmonization, but also for funding and maintaining a decentralized cadaster and land administration, if deemed sustainable by local government institutions.

Some examples include, but are not limited to:

- Needs assessment in targeted municipalities and local governments to identify areas that require capacity building efforts;

- Land information system needs assessment and sustainability plan in selected municipalities;

- Completed, municipality-approved land inventories, documenting public and private lands in pilot sites, including restitution beneficiaries;

- “One-stop” virtual and field-based centers for providing rural farmers information on how to formalize their holdings and maintain formality;

- Completed parcel registration across designated pilot sites, available to registered owners via an online virtual cadastral platform;

C.5.3. Component 3 – Strengthen land governance and economic development through strategic Public Private Partnerships (PPPs)

The provision of social and economic conditions paired with clear land tenure and property rights is the most strategic approach to transition rural areas from illicit to licit economies and mitigate the risk of the expansion of illicit economies into new territories. Research shows that once the state has become more visible and present, municipalities with larger improvements of their land property rights for small land plots have significantly less coca crops14. Through this approach, the Activity addresses the risk of generating perverse incentives for those that are not cultivating illicit crops to do so in order to access benefits targeted to coca producers.

14 Muñoz-Mora, J.C. et al. 2017. The role of land property rights in the war on illicit crops: Evidence from Colombia. https://www.sciencedirect.com/science/article/pii/S0305750X17303455

Furthermore, USAID’s development National Security Strategy will focus on maintaining stability, including through local governance and the provision of basic services in fragile and unstable regions.

a) Intermediate Result 3.1: Strengthen the capacity of subnational governments to mobilize funds and provide basic public services in targeted areas

Land for Prosperity will support the inclusion of massive formalization beneficiaries (including restituted families) in licit public-private sector led value chains and business models that will provide them income-generating opportunities. The public sector is understood as both the national and subnational government and institutions. The private sector is understood as the commercial partner that is part of the value chain and is the end buyer of products.

Land for Prosperity will strengthen departmental and municipal governments to mobilize funds into strategic PPPs. Land for Prosperity will build on LRDP progress in strengthening municipal and departmental governments to effectively provide basic services (i.e. irrigation, technical assistance, roads, electricity, or other productive services.) in targeted areas. This activity will not perform any construction activities, but will strengthen government capacity at all levels and the tools to carry out this type of activities, including the provision of studies and designs or other requirements for the government to fund the required infrastructure. All of these studies and designs must be presented to USAID’s Task Order Contracting Officer Representative (TOCOR) prior to submission to the GOC, and must receive written acceptance of the GOC counterpart once presented to the corresponding entity. USAID’s LRDP activity was able to demonstrate that this model is viable and ensures sustainable results and commitment from national and subnational government counterparts. LRDP has established municipal land offices, provided local governments with tools to plan and execute resources and demonstrated success in mobilizing national, departmental, and municipal funds in targeted regions, assisted in the establishments of PPPs, and assisted in the titling of parcels with public services (schools, health centers) to trigger licit and sustainable socioeconomic development. Land for Prosperity will build upon progress made where there is geographic overlap and/or potential of replication of this model to build this capacity in targeted geographies. Land for Prosperity will pay special attention to households and producers in targeted regions that are transitioning from illicit crops and/or are land policy beneficiaries. Land for Prosperity will partner with academia when and where relevant to transfer knowledge and build this capacity. Land for Prosperity will also bring international expertise and implement cross-learning agendas across departments and municipalities in Colombia.

Some examples include, but are not limited to:

- Linkages between smallholder beneficiaries of massive systematic titling/ restitution and local government projects and public private partnerships (i.e. Municipality of Ovejas);

- Application of science, technology, and innovation in a scalable, cost-effective manner to provide smallholder producers with required information for agricultural development;

- Funds mobilized from the national level government and other sources used to support smallholder farmers (i.e. Municipality of Ovejas);

- Innovative knowledge transfer and training models used in capacity building of subnational governments;

b) Intermediate Result 3.2: Mobilize public and private sector funding into targeted value chain partnerships

Land for Prosperity will build on LRPD’s establishment of PPPs in which both public sector and private companies have played a strategic role to achieve inclusive development. Through the establishment and/or continuation of these PPPs, smallholders that participate in massive land formalization efforts and land restitution beneficiaries can access socioeconomic opportunities that will allow successful agricultural transformation in targeted areas. Land for Prosperity will partner with the private sector to improve the quality and quantity of products, provide technical assistance to targeted producers, and improve best practices, among other potential roles the private sector can play in the value chain. LRDP will partner with the public sector for the provision of basic services that trigger social and economic development.

Land for Prosperity will also test USAID’s Private Sector Guidelines for Responsible Land Based Investments15 with interested private sector partners in targeted regions. Land for Prosperity will incentivize and support the private sector to go beyond its corporate social responsibility efforts to play an effective role in inclusive agricultural transformation in rural areas, so that the financial benefits accrue not only to large investors but also to communities.

Some examples include, but are not limited to:

- Implementation of PPPs that involve the private sector in both socioeconomic development and land formalization efforts;

- Private sector resources mobilized to support livelihoods of smallholder beneficiaries of land restitution, land titling, post-conflict, and illicit crop substitution schemes;

- Pilot USAID’s Operational Guidelines for Responsible Land-Based Investment with a strategic private sector partner;

- Innovative methodologies to train broader audiences, including private sector actors in responsible investment practices;

- Document and disseminate lessons learned from Land for Prosperity’s proofs of concept to inform GOC, private sector, local actors, and USAID;

C.6. GUIDING PRINCIPLES AND POLICIES

The Contractor will adhere to the following guiding principles during the Contract implementation:

C.6.1. Gender, Ethnic Minorities, and Youth16 integration throughout the Activity Insecure land tenure and unclear land ownership affects a large portion of the Colombia rural population. However, women, ethnic minorities, and youth are significantly more vulnerable and negatively affected by this situation. Women are in their majority invisible when exerting rights to land, mostly those requesting land titles as part of a household than as heads of households— these levels of invisibility are compounded when ethnicity, age, disability, and gender identity

15 https://www.land-links.org/tool-resource/operational-guidelines-for-responsible-land-based-investment/ 16 For the purpose of this Statement of Work, youth is understood as individuals between the ages of 14-26 according to Colombian Youth Law (Law 375 of 1997).

https://www.land-links.org/tool-resource/operational-guidelines-for-responsible-land-based-investment/ are factored into the equation. Ethnic minorities have special legal routes to access land policies, but the process is cumbersome and does not usually prioritize vulnerable groups due to its complexity. Youth usually do not find the right opportunities to remain in rural areas where economic opportunities are limited or illicit.