SOW.docx

Statement of Work Support for MCC Due Diligence Support of Proposed Sri Lanka Land Project Individual Consultant Procurement

A. Introduction

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

The Millennium Challenge Corporation (MCC) wants to recruit an individual Land Survey and Mapping Advisor. MCC is seeking for the advisor to provide the MCC Country Team with expertise and technical knowledge based on international best practices on cadastral land surveying, mapping technology, and capacity building issues as the MCC Country Team conducts due diligence of a Government of Sri Lanka proposal for a land project under a possible MCC Compact. MCC seeks candidates that have knowledge of and experience working in Sri Lanka’s land sector on issues related to improving land governance, land management, and land administration frameworks.

B. Background

MCC works with developing countries to promote sustainable economic growth to reduce poverty. Since its establishment in 2004, MCC has deployed more than $10 billion in development grants through compact and threshold programs across 40+ countries. Compacts are five-year agreements between MCC and a country to fund specific programs targeted at reducing poverty and stimulating economic growth. Threshold programs are smaller-scale grants awarded to countries that may not qualify for compact funding but are firmly committed to improving policy performance.

Sri Lanka became eligible for a compact in December 2016, and the Government of Sri Lanka (GOSL) and MCC are working together on developing a compact program. As the first step, a team consisting of economists, private sector specialists, and social and gender specialists from the Government of Sri Lanka (GOSL) and MCC completed a constraints to growth diagnostic study (CA), which identified the following two binding constraints to growth in Sri Lanka: (i) transport – particularly bottlenecks resulting in traffic congestion in the Western Province and the slow movement of people, goods and services between the Western Province and other regions and (ii) access to land, mainly the difficulty of the private sector in accessing land for commercial purposes. MCC team is working with the Sri Lanka Core Team, established in the Office of Policy Development (OPD) in the Prime Minister’s Office for preparing the Compact. On May 9, 2017 the Government of Sri Lanka (GOSL), through its Compact Development Team (CDT), submitted two concepts notes for MCC’s consideration to address the core problems and root causes underlying the transport and land binding constraints.

MCC’s Sri Lanka Country Team has received approval from its Investment Management Committee (IMC) to undertake due diligence of the government’s land project proposal. This action includes a full review of the viability, cost, and effectiveness of the proposed project in producing the expected results. As such, MCC will assess the legal and regulatory framework governing land tenure and land administration; review the work completed to date by the government under its ongoing mapping, titling and IT system development initiatives; and assess the capacity of the government institutions and the private sector to implement the proposed interventions to achieve the expected results and complete the project in a timely manner. The GOSL proposal originally included activities related to mapping and titling of land; improvement and integration of IT systems that support land administration and management; and revision of the legal and regulatory framework to support increased transferability and tenure security of land. After several due diligence missions, the MCC Country Team and the GOSL CDT have agreed to some changes to the scope of the MCC land project. The revised list of proposed activities includes: 1) land policy and legal reform; 2) mapping and titling of State and private land; 3) improvement of the land valuation system; and 4) improvement of the Deeds registry and Title registry systems.

C. Scope of Work

The primary objectives of the proposed Compact land project are to: 1) support easier and increased transferability of land/real property and land tenure security for both men and women by improving the registration of rights and safeguarding of land transaction documentation; 2) complete mapping, surveying and titling of State and private lands and entry of spatial and rights data into a digital land cadastre system; 3) advise on the development of valuation systems for land that provide equitable valuations for property tax, stamp duty and land lease purposes; and 4) support the development of a land policy and legal reform technical secretariat at the highest level of government. In designing the eventual land related compact investments, MCC considers what reforms and/or complimentary activities may be needed to ensure the objectives and desired outcomes of its projects are achieved and that MCC investments are properly implemented and maintained into the future, providing a consistent stream of benefits to the citizens of Sri Lanka.

The Government of Sri Lanka has undertaken a series of its own activities to further these objectives. The GOSL is in process of amending some laws to improve land tenure security and transferability; mapping and titling State and private lands; and developing IT systems to support elements of land management and land administration. However, many of these activities are progressing at a slow pace and lack coordination among stakeholder institutions, such that data is gathered once and shared among the institutions that need access to it. The GOSL would benefit from technical assistance in review of the land governance framework to provide sound recommendations for improvement of land transferability and tenure security for both men and women; organizing and implementing large scale mapping, surveying and titling activities; and capacity building of State and civil society institutions to promote sustainability of expected outcomes under any MCC investments.

For this purpose, the scope of this contract is to provide the MCC Country Team with:

(1) Technical support in assessing land mapping, surveying and titling proposals, and the associated budget proposals, from the GOSL for inclusion as part of a MCC land project in accordance with international best practices;

(2) Evaluation of technical capacity available in Sri Lanka to complete proposed activities in the 5-year time period at an appropriate quality level and recommendations for improving this capacity;

(3) Preparation of recommendations for improvement of project proposals, including the use of technology to increase productivity, and policy and legal revisions as needed, such that the expected outcomes are achievable in the 5-year Compact time frame; and

(4) Participation in MCC due diligence missions and provision of other technical support as necessary for MCC Country Team to complete its assessment of the GOSL land project proposal.

D. Consultant Tasks

1. To provide advice and technical support to MCC on land mapping, cadastral survey, land registration, and other related issues as they arise in discussions with the GOSL on MCC land project design and activities.

The Consultant will use his/her knowledge of Sri Lanka and international best practices to review and provide an assessment of GOSL land project proposals (either written proposals or oral proposals obtained during meetings) on whether proposed activities are: 1) fit for purpose; 2) comply with international best practices; 3) cost effective in achieving the expected outcomes; and 4) can be completed in the time available for the project under a 5-year Compact with MCC. The assessment should identify key factors and risks to the success of the land project and provide advice on approaches and strategies that MCC can employ to improve the likelihood of success. This should include the identification of leverage points that MCC may use to promote legislative and process reforms as needed to implement the project. The Consultant will also assist MCC to identify the interests and motivations of key stakeholders in supporting necessary reforms.

2. To support MCC in assessing the technology best suited to the timely and efficient completion of proposed project activities related to mapping, surveying and land titling activities.

The Consultant will evaluate the use of technology for the land mapping, surveying and titling activities to determine the best suited technology to maximize the collection of required information, efficiency in gathering data, and the cost-effectiveness of project activities. The Consultant’s recommendations should be supported by research that considers use of other technology and provides justification for the recommended technology. The Consultant should also provide MCC with technical specifications and cost estimates for equipment, software and any other technology that can be used in the future for procurement purposes.

3. The consultant will assist MCC in the design and development of a capacity building program for government cadastral personnel and private land surveyors, including the development and implementation of a system of quality control and assurance for cadastral surveys.

The Consultant will support the MCC Country Team with assessment of existing capacity to implement the MCC land project activities and conceptualize interventions that will build GOSL and private sector capacity to implement the project and ensure that project outputs are completed at an acceptable level of quality and accuracy.

4. Provide support for MCC final analysis and decision on whether to invest in the land sector in Sri Lanka based on the GOSL proposal for a land project under the MCC Compact.

The consultant will support MCC country team to prepare its final recommendations to the IMC on a land investment in Sri Lanka. This will require detailed analysis of the final project proposal and budget, review and advice on MCC’s recommendations for improvement of the proposal, and development of policy reform conditions that should become part of the Compact agreement with the GoSL. The consultant will provide additional advice, analysis and review as needed to support the development of country team recommendations to the IMC.

The Consultant’s work product for all tasks will be provided in written documentation and recommendations that can be incorporated into the MCC due diligence findings and presented to the Government of Sri Lanka. The Consultant’s written findings and recommendations will be presented in a format agreed upon with the MCC Country Team and which the Country Team can easily incorporate into its own reports and recommendations back to the Government of Sri Lanka for revision and improvement of the project proposal.

E. Deliverables

Outlined below is an indicative timetable, assuming a work period of one year for the assignment. All deliverables should be submitted in Microsoft Office formats unless directed otherwise by MCC.

Due Date

Written trip reports on findings and assessment of project design progress. Prepare a detailed trip report with the consultant’s findings and recommendations resulting from information gathered during the mission. The consultant should provide assessment and analysis of project proposals as information is gathered and identify additional issues to be researched as part of due diligence. Consultant should provide recommendations and advice on source of additional information and strategies to mitigate identified risks and issues.

Within 10 days after completion of each land due diligence mission to Sri Lanka.

Other Reports and Analysis Documents as required to provide detailed technical and policy input for MCC Country Team to include in its project design.

As assigned with dates to be determined.

Final analysis and recommendations of GOSL land project proposal for inclusion into MCC recommendations to IMC on investment in Sri Lanka land sector.

· Written review of final project proposal and budget

· Detailed recommendations on MCC changes to the proposed project including development of policy and legal conditions precedent that should be negotiated as basis for MCC investment in the land sector.

At a date to be determined by MCC Country Team in accordance with the scheduling of the IMC meeting deciding whether to invest in Sri Lanka land sector.

F. Period of Performance

All worked will be completed between the date of the award through a three year period of performance.

The estimated level of effort is estimated at up to 520 hours per year with an estimated two mission trips per year (14 days per trip). MCC anticipates this level of effort but does not guarantee this level of effort as it may increase or decrease.

G. Place of Performance

The consultant will work in the Contractor’s offices, with field work in Sri Lanka and presentations in Sri Lanka and/or MCC headquarters in Washington DC, as necessary.

H. Evaluation Criteria

Technical Capability

· A university degree in surveying, mapping, GIS or other related field.

· At least 10 years’ experience working on land mapping, surveying, registration issues in developing countries.

· Extensive knowledge of modern surveying and mapping technology and techniques (GIS, CORS, RTK GPS, etc.) and their application for carrying out of cadastral surveying and mapping.

· Strong understanding of integration of spatial data into land registration IT systems.

· Expertise in conducting land related project design assignments in developing country context is preferred.

· Experience working with government sectors in developing countries is required; experience working on land issues in Sri Lanka is preferred.

· Excellent verbal and written fluency in English.

I. Timing and Reporting

All formal communication with MCC, including reports, will be submitted to the Contracting Officer Technical Representative (COR), Program Manager (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.

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.