95332418Q0159_Sri_Lanka_Ag_Land_Policy_RFQ.pdf

953324118Q0159 (Sri Lanka Land Policy Paper Preparation) Page 1

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/QUOTER CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF QUOTER/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

QUOTER TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 70

DCO-PR-18-0318

95332418Q0159 8/17/2018

Britni Jones, Contract Specialist 202-772-6372

09/03/2018 1700 EST

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth Street NW Suite 700 Washington, DC 20005

X

N/A

CGM

1099 Fourteenth Street NW, Suite 700

Contracts and Grants Management Division 1099 Fourteenth Street NW Suite 700

To all Quoters

Interior Business Center M/S D-2773 7301 West Mansfield Avenue Lakewood, CO 80235-2230

See enclosed solicitation and all attachments for pertinent details.

X x

Taylor Wolf

953324118Q0159 (Sri Lanka Land Policy Paper Preparation) Page 2

Table of Contents

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1. Price/Cost Schedule B.2. FAR 52.216-1 -- Type of Contract (APR 1984) B.3. Accounting and Appropriation Data B.4. Funding Type B.5. Limitation of Funds – Incrementally Funded Contracts B.6. Labor Rates & Other Direct Costs (ODCs)

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

D.1. Disclaimer for Deliverables

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1. Period of Performance F.2. Place of Performance F.3. Deliverables F.4. Deliverable Format F.5. Acceptance Criteria F.6. Timing and Reporting F.7. MCC Technical Direction

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. MCC 52.201-70 Contracting Officer’s Representative (COR) and/or Project Monitor (PM) (JULY 2012) ...19 G.2. MCC 52.232-70 Invoice Instructions (May 2017)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. MCC 52.203-70 Contractor Non-Disclosure Agreement (MAY 2017) H.2. MCC 52.204-70 Security Requirements for Contractor Personnel (MAY 2013) H.3. MCC 52.232-72 Limitation of Funds – Incrementally Funded Contracts (NOV 2006) H.4. MCC 52.232-73 Travel Reimbursement (MAY 2017) H.5. MCC 52.232-74 ODC Reimbursement (JAN 2007) H.6. MCC 52.242-70 Contractor Performance Assessment Rating System (CPARS) Registration (AUG 2011) ..31 H.7. MCC 52.243-70 Increase in Services (OCT 2006) H.8. Provision on Insurance Maintenance H.9. Personally Identifiable Information and Confidentiality H.10. Provision on Delivered Work Product Free from 3rd Party Rights H.11. Key Personnel H.12. Additional Labor Categories

SECTION I – CONTRACT CLAUSES

I.1. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JUL 2018)

953324118Q0159 (Sri Lanka Land Policy Paper Preparation) Page 3

I.2. FAR 52.217-8 Option to Extend Services (NOV 1999) (End of Clause) I.3. FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) I.4. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF QUOTERS OR

RESPONDENTS

K.1. FAR 52.212-3 Quoter Representations and Certifications – Commercial Items (NOV 2017) K.3. FAR 52.209-7 Information Regarding Responsibility Matters (JUL 2013)

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO QUOTERS

L.1. FAR 52.204-16 Commercial and Entity Code Reporting (JUL 2016) L.2 FAR 52.216-1 Type of Contract (APR 1984) L.3. FAR 52.233-2 Service of Protest (Sept 2006) L.4. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) L.5. Inquiries/Questions Concerning the Solicitation L.6. Exclusion of Quotes and Pre-Award Communications with Quoters L.7. Quotation Due Date L.8. Quotation Response L.9. Quotation Volumes L.10. Quotation Format L.11. Blocked and Unacceptable Electronic File Types L.12. Page Limits L.13. Preparation of Volume I – Technical Quotation L.14. Preparation of Volume II – Cost Quotation

SECTION M – EVALUATION FACTORS FOR AWARD

M.1. FAR 52.212-2 Evaluation – Commercial Items (OCT 2014) M.2. Evaluation Factor 1 – Technical Capability M.3. Evaluation Factor 2 – Past Performance M.4. Evaluation Factor 3 – Price M.5. Basis for Award

953324118Q0159 (Sri Lanka Land Policy Paper Preparation) Page 4

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1. Price/Cost Schedule

CLIN Description of Supplies/Services Qty U/I Unit Price Amount

0001 BASE PERIOD

DIRECT LABOR

Period of Performance: TBD Estimated 18 weeks over a span of no more than eight (8) months

PoP Start: TBD

PoP End: TBD

01 LO ______________ ____TBD________

0002 BASE PERIOD

OTHER DIRECT COSTS

Period of Performance: TBD Estimated 18 weeks over a span of no more than eight (8) months

PoP Start: TBD PoP End: TBD

01 LO ______________ ___ TBD ___________

1001 OPTION PERIOD

DIRECT LABOR

Period of Performance: TBD Estimated 18 weeks over a span of no more than six(6) months

PoP Start: TBD PoP End: TBD

01 LO ______________ ___ TBD ___________

1002 OPTION PERIOD

OTHER DIRECT COSTS (ODCs)

Period of Performance: TBD Estimated 18 weeks over a span of no more than six(6) months

PoP Start: TBD

PoP End: TBD

12 MO ______________ ___ TBD _________

TOTAL ESTIMATED PRICE:* _____ TBD __________

*MCC reserves the right to set the contract ceiling above the total estimated price to account for potential deviations due to unforeseen circumstances. However, the Contractor will be expected to perform in good faith in accordance with their proposed cost estimates.

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B.2. FAR 52.216-1 -- Type of Contract (APR 1984) The Government contemplates award of a time-and-materials (T&M) contract, resulting from this solicitation.

(End of Provision)

B.3. Accounting and Appropriation Data

[RESERVED]

B.4. Funding Type This contract will be funded, at time of award, with no-year 609g funding. As such, funding obligated to this contract may be used during the life of the contract.

B.5. Limitation of Funds – Incrementally Funded Contracts

In accordance with clause MCC 52.232-72, “Limitation of Funds – Incrementally Funded Contracts,” funds in the amount of [TBD] have been allotted to this contract. It is contemplated that funds now obligated under this contract will cover the work to be performed until [TBD]. If the contractor considers the funds obligated under this contract to be insufficient to cover the work to be performed until the date specified herein, or another date agreed to by the parties, the contractor shall notify the contracting officer in writing and indicate the date on which it expects expended funds to approximate 75 percent of the total amount obligated. The notice shall state the estimated amount of additional funds required to continue performance through the date for which incremental funds are provided.

The Contractor shall not perform work on the contract which exceeds the total amount actually allotted by the Government to the contract. The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract. The contractor assumes the risk for any increased costs beyond what the Government obligates.

B.6. Labor Rates & Other Direct Costs (ODCs)

Labor rates at the inception of a contract period will carry through as “fixed-price” without adjustment for the life of that contract period.

Hours by labor category and pricing under ODCs are estimates only and may be increased/decreased as necessary for successful completion of the contract requirements and as approved by the COR/PM. However, the contractor’s expenditures at any given point shall not exceed the total obligated amount or the total ceiling price for this contract as specified below.

Using the template below, Quoters must include all proposed labor categories, fully-burdened hourly rates and Other Direct Costs (ODCs) for each contract period identified in B.1.

PRICING SUMMARY PER CONTRACT PERIOD

Base Option 1 Option 2 TOTAL

Total Labor Hours

Total Labor Costs

Total ODCs $ - $ - $ - $ - Total Est. Cost $ - $ - $ - $ -

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Base Period – Period of Performance TBD (est. 8 months) Item

# Description(1) U/I Qty Rate Total

LABOR

0001 hr.

hr.

hr.

hr.

Total Labor Hours - - Labor Sub-Total

ODCs

ODC Sub-Total Total Estimated Value (Base Period)

Option Period I – Period of Performance TBD (est. 6 months) Item

# Description(1) U/I Qty Rate Total

LABOR

1001 hr.

hr.

hr.

hr.

Total Labor Hours - - Labor Sub-Total

Total Estimated Value (Option Period I)

TOTAL COST SUMMARY

Description(1) U/I Qty Rate Total

LABOR

hr.

hr.

hr.

hr.

Total Labor Hours - - Labor Sub-Total

953324118Q0159 (Sri Lanka Land Policy Paper Preparation) Page 7

Total Estimated Cost

NOTE (1): A job description shall be included for each labor category proposed. The job description must identify essential and non-essential tasks that are assigned to a specific position. It must also identify reporting relationships and shall also describe required qualifications, minimum requirements, working conditions and desirable qualifications.

(End of SECTION B)

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SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

STATEMENT OF WORK

Preparation of Land Sector Policy Papers

C.1. Introduction and Background

The purpose of this Statement of Work (SOW) is for the Millennium Challenge Corporation (MCC) to acquire contractor services to support the production of up to five policy research papers to support a land sector investment in Sri Lanka. This SOW will be procured using MCC 609(g) funding. MCC uses 609(g) funding for key project preparation work such as feasibility and environmental impact studies, engineering designs, baseline surveys, financial management and procurement technical assistance, and other specialized analysis to help MCC determine investment suitability, scope, costs, implementation risks, and necessary risk mitigation measures. Such analysis also ensures that partner countries develop projects that will provide returns on MCC’s investment and can be implemented within the fixed five-year timeframe.

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.

MCC operates under the principle of country ownership: Countries identify their own priorities for achieving sustainable economic growth and poverty reduction following broad consultation within their society and work in partnership with MCC to refine programs. When a country is awarded an MCC compact, it sets up a local accountable entity—called the Millennium Challenge Account (MCA)—to manage and oversee all aspects of implementation. By statute, implementation of any MCC compact must be completed within 5 years; there is no possibility of extension. As a result, thorough project design, feasibility studies and political economy analyses are critical before the compact enters into force.

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. The study identified, among other things, transport as well as difficulty in accessing land for investment purposes as binding constraints to growth and private investment in Sri Lanka. MCC and GOSL are now working to identify potential interventions that could address these constraints to growth.

The objectives of MCC’s land investments include improved land tenure security and access to land (both State owned and privately owned) for investment purposes to boost economic activity and growth in Sri Lanka and to support improved use and productivity of land.

MCC and the Sri Lankan Compact Development Team (CDT) are proposing that land project activities be geographically based, primarily based along the Colombo-Trincomalee economic corridor, which partially tracks the planned Central Expressway, up to Kurunegala and Kandy, as this is an area where improved access to land can stimulate substantial economic growth in Sri Lanka. See Attachment J.1, showing a map of the Central Expressway

953324118Q0159 (Sri Lanka Land Policy Paper Preparation) Page 9 and a large portion of the Colombo-Trincomalee corridor. The CDT’s project design efforts are focused on complementing the expected activities of the GoSL in land mapping and surveying; preparation of a parcel fabric map for the entire country; conversion of permits and grant to a form of bankable and marketable title; and improvement of the IT system used to manage land and provide land administration services. MCC is considering investing in improving the Deeds Registry by digitizing and managing existing records and linking them to digital parcel information; improving the title registration system and moving properties from the Deeds system into the Title Registration system; completing a parcel fabric map and an inventory of State land; registering absolute land grants issued to permit and grant holders; and improving the land policy environment and legal framework to better attract investment into the economy and improve government services in the sector. In addition, the CDT is proposing to improve valuation systems. Thus, the CDT has refocused its investigations and due diligence activities away from the activities described in the original GoSL Project Proposal to these complementary activities. The activities now under consideration for a land sector investment by MCC are:

1. Improvement of Access to State Land

a. Preparation of a Parcel Fabric Map and Inventory of State land

b. Registration of absolute land grants to state land in the title registration system

2. Improvement of Access to Private Land

a. Improvement of the Deed Registry through digitization of deed records and linking to the parcel fabric map

b. Conversion of Deeds Records to the Title Registration System through a land titling program in certain geographic areas

3. Improvement of the Land Valuation System

a. Support for the development of a mass appraisal model for property tax, stamp duty and state land lease purposes (gathering and digitization of land valuations data required to operate the model)

b. Improvement of capacity and procedures for valuation of land

4. Establishment of a Land Policy and Legal Reform Technical Secretariat at the Highest Level of Government

a. Completion of policy research and studies

b. Drafting of policy papers, government policy documents and associated legislation

c. Supporting the process of stakeholder consultation and outreach on policy and legal reform issues

d. Coordination among land sector institutions on delivery of services and implementation of activities

The activities described above, with the exception of the technical secretariat activity, would occur in geographically defined areas, primarily along the Colombo-Trincomalee corridor, based on the location of Deeds Registry or Title Registration offices.

C.2. Scope

The preparation of land policy papers is intended to support the GoSL’s decisions on land policy and legal reform actions in support of the above stated activities. For example, the registration of absolute land grants (converted from permits and grants to state land) in the title registration system is an initiative undertaken by the GoSL to stimulate investment in land and increase economic activity, especially in rural areas where most of the permits and grants are found. A policy paper on the benefits to investment and economic activity created by converting these rights in state land to wholly freehold rights will support the GoSL initiatives to adopt this reform and establish a streamlined procedure to implement it. Likewise, the GoSL now has two systems for registration of private rights in land – a Deeds system and a Title Registration system. A policy paper reviewing the advantages and disadvantages of each system and providing evidence based findings and recommendations based on international best practices on whether the GoSL can move all property rights into the Title Registration System

953324118Q0159 (Sri Lanka Land Policy Paper Preparation) Page 10 would help inform the GoSL’s future actions in establishing an easy to use and secure private property rights system.

The contractor will develop up to five policy research papers on topics to be determined based on the technical direction of MCC, which could include:

• The benefits and risks of conversion of permits and grants to state land into absolute freehold rights. Are government restrictions on transfer of these absolute titles warranted given the GoSL's desire to turn private rights in state land to bankable and marketable title? Is such action likely to stimulate investment in land and open up new opportunities for economic activity in rural areas?

• How valuation of state land (for property tax, state land lease rate setting, and stamp tax purposes) impacts the private market for land in Sri Lanka. How can the state valuation system be reformed to encourage private market transactions and greater investment in land?

• The benefits of using lower precision land surveys for titling of state and private lands. Is it advisable for the GoSL to lower survey accuracy requirements when preparing and issuing titles to state and private lands and how might this benefit the real property market and increase economic activity?

• Review of GoSL policy on the Deeds vs Title Registration systems. Can the government operate two systems in parallel and expect that rights in land will be secure such that the government promotes investment in land and greater economic activity? Which system of securing land tenure is preferable in the current context and what is required to promote use of the system and clarity of property rights in the preferred system?

• The benefits of co-ownership of permit/grants and joint titling between spouses of land and inheritance reform to increase productivity, poverty reduction and promote gender equity. How will greater gender equity in land rights and inheritance of land benefit the economy and social stability in rural areas? Does the evidence of effects on the economy support a GoSL initiative for changes in policy, law and implementation?

Further detail regarding the expected content of the papers and research methods is to be developed in cooperation with MCC.

C.3. Tasks

The tasks are grouped into one Base Period and an Option Period. The base period includes the drafting of up to five policy papers and the Option Period includes extensions and further refinement as determined by the technical directive of MCC. Each policy paper is expected to be about 15 pages in length with an Executive Summary and citations to all background research and data used to form conclusions and recommendations.

C.3.1 Base Period

Task 1: Provide MCC with workplan

The contractor will provide MCC with a work plan for its team detailing how the five policy research papers will be developed and written. Bidders will provide a timeline for development of these papers within the period of performance explaining the sequencing of work (given that key stakeholders will need to be consulted for several of the policy papers and such consultations may need to be staggered over time to allow for sufficient involvement of each key stakeholder). The work plan should include at a minimum the following phases in development of the policy papers: background research and preparation of research questions and paper outline; field visit and

953324118Q0159 (Sri Lanka Land Policy Paper Preparation) Page 11 stakeholder consultations; follow up analysis; policy paper drafting; response to comments and questions and preparation of final policy paper.

Task 2: Develop detailed research questions and outlines of policy research papers; background research

The contractor will develop detailed research questions for each policy issue and draft an outline for each policy paper. MCC, with CDT input as necessary, will provide comments on these and engage in discussions on the content and structure of each policy paper. The contractor will also develop a list of background research documents on the topics and provide this to MCC for review and comment. MCC will provide all relevant background documentation in its possession to the contractor to inform its work. The contractor will then complete all background research and investigation necessary to prepare for site visits to Sri Lanka.

Task 3: Field research to inform policy research papers, including stakeholder roundtables and other consultations

The contractor will undertake field research to further inform the policy research papers. Field research will include meeting with key stakeholders one-on-one to discuss the issues and problems associated with each topic, solicit information and opinion from users of the systems or services under consideration, conduct stakeholder roundtables or other group consultations where an exchange of information among stakeholders and the impacts of the problems can be discussed and better understood in context. The CDT will support these efforts by putting the contractor in contact with key stakeholders, providing access to key documents as needed, and assisting with invitations to the stakeholder roundtables.

Task 4: Synthesis and further research

The contractor will conduct further research and synthesize research findings based on the information gathered during field research. The contractor may request follow up information and pose questions to stakeholders for further clarification. The contractor will conduct additional research on international best practice and how the relevant issues were resolved in other countries. This information will inform the preparation of the draft policy paper on each topic.

Task 5: Writing of draft policy research papers

The contractor will produce a first draft of each policy research paper. The draft will be submitted to MCC and the CDT for comment and possible circulation to the key stakeholders for review and comment. The contractor will allow a minimum of 21 days for stakeholders to prepare comments to the policy papers.

Task 6: Revisions and further research based on feedback from MCC and submission of final papers

Based on the comments received and evaluated, the contractor will revise and produce final drafts of the policy research papers.

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C.3.2. Option Period

MCC may exercise the option period by notification to the contractor. Work of the contractor in the option period will focus on further development of the policy papers as necessary. This work may include further consultation with stakeholders to expand on the details of the policy papers, to fine tune recommendations, and to identify additional risk and mitigation measures that might be necessary when implementing new policy and supporting legislation. The SOW for the option period will be defined and agreed upon with the contractor and detail the level of effort expected for completion of the proposed tasks.

Tasks in the option period will mirror those of the base period, with work planning, desk research, field research and stakeholder consultation activities, and report drafting and revision being the primary tasks to be accomplished.

C.4. Deliverables

C.4.1. Base Period

Deliverable Indicative Timetable Location of Work

Workplan 14 days after award Home office

Research questions and draft outline

35 days after award Home office

Stakeholder meetings and consultations

50-90 days after award Field

Draft policy research papers

150 days after award Home office, Field and home office

Final policy research papers

180 days after award Home office

C.4.2. Option Period

Deliverable Indicative Timetable Location of Work

Workplan TBD Home office

Research questions and draft outline

TBD Home office

Stakeholder meetings and consultations

50 – 90 days after award Field

Draft policy research papers

TBD Home office

Final policy research papers

TBD Home office

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C.5. Key Personnel

The following chart lists the Key Personnel Labor Categories and the Minimum Qualification Requirements for the respective categories.

Personnel Minimum Qualifications

1) Land Titling and Registration Expert

The key skills include leadership on land titling and registration projects, development of policy and law on titling and registration issues; experience addressing problems caused by poorly functioning titling and registration systems. Ten years of experience on land titling and registration with demonstrated work on policy formation in this area is preferred.

2) Land Surveying Expert The key skills include experience with modern technology for surveying and cadastral mapping; development of fit for purpose cadastre; linking of property rights to digital cadastral maps; integration of land information system data; experience in applying international best practices in cadastral mapping. Ten years of experience on land surveying and mapping approaches with demonstrated work on policy formation in this area is preferred.

3) Land Law and Tenure Security Expert

The key skills include experience in negotiating land policy and preparing legislation to support such policy; strong understanding of different systems for securing land tenure, including deeds and Torrens systems; experience operationalizing laws and regulations to ensure efficiency in service delivery. Ten years of experience on land tenure and land governance law with demonstrated work on policy formation in this area is preferred.

4) Land Valuation Expert The key skills include experience in development of real property valuation systems for property tax and stamp duty purposes; work with mass appraisal systems; experience working in developing systems to promote active use of land rather than land speculation/hording without productive use; work on developing public policy related to land taxation and valuation. Ten years of experience on land valuation with demonstrated work on policy formation in this area is preferred.

5) Gender Specialist (in the Land Sector)

The key skills include experience addressing gender issues in land titling and registration programs; work with government to establish equitable gender policies that promote women’s property rights and use of land; demonstrated ability to craft gender equitable interventions that stimulate women’s access to secure land rights and acceptance by government servants and public organizations. Ten years of experience on land and gender issues with demonstrated work on policy formation in this area is preferred.

C.6 Conflict of Interest

In accordance with the principles of FAR Subpart 9.5 and MCC policy, the Contractor shall be ineligible to furnish, as a prime or subcontractor or otherwise, implementation services which result in response(s) to findings, proposals, or recommendations written by the Contractor, unless this provision is expressly waived by MCC.

953324118Q0159 (Sri Lanka Land Policy Paper Preparation) Page 14

The Contractor and its subcontractors would be precluded from bidding on work and services to be procured by the local Accountable Entity or using funds advanced under a Compact in the relevant country, unless the contractor submits a mitigation plan sufficient to ameliorate any conflict of interest pursuant to the rules applicable to the procurement process.

(End of SECTION C)

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SECTION D – PACKAGING AND MARKING

D.1. Disclaimer for Deliverables

The Contractor shall ensure that each report prepared by the Contractor and delivered under this Contract contains the following statement on the first or cover page of such report:

“The views and opinions expressed herein are those of the author(s) and do not necessarily represent those of MCC or any other U.S. Government entity.”

(End of SECTION D)

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SECTION E – INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be in accordance with the terms of FAR 52.212-4/Alternate I, Contract Terms and Conditions – Commercial Items.

(End of SECTION E)

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SECTION F – DELIVERIES OR PERFORMANCE

F.1. Period of Performance

The overall anticipated period of performance of this contract is as follows:

Base Period: Up to 8 months from the date of award Option (Period) 1: Up to 6 months from the date of option exercise

All five policy papers should be completed within base period. The contractor will work with MCC to determine the actual timeline for completion of each of the five policy papers and the completion of all required tasks.

While the Contract will be evaluated and awarded for the Base and Option Periods, the exercise of the option period is at the sole discretion of MCC.

F.2. Place of Performance

F.2.1. Sri Lanka and quoter’s home office.

F.3. Deliverables

F.3.1. The Contractor shall produce the deliverables as specified in Paragraph C.4.of the SOW (Section C).

F.3.6. When provided, the Contractor must follow MCC-provided templates and guidelines.

F.4. Deliverable Format

Unless specifically instructed by MCC otherwise, all reports shall be submitted electronically using WINDOWS based MS-Office 2010 or newer, including WORD for text, data tables in EXCEL, appropriate MS-Office program for exhibits, and schedules using MS-Project 2010 or newer. Digital photos files should be submitted in .JPG format. Presentations should be prepared with MS PowerPoint 2010 or newer. All work files shall be submitted to MCC along with PDF files.

The Contractor must establish and maintain a comprehensive reference index of all relevant documents reviewed, produced, and/or edited by the Contractor. Any and all such documents made available to and collected by the Contractor must be compiled in usable form and delivered in an organized fashion to MCC at the end of the contract in electronic format acceptable to MCC, and if requested by MCC in hard copies. Such documents may also be requested periodically, prior to the end of the contract.

F.5. Acceptance Criteria

The deliverables will be evaluated according to the following criteria:

• Thoroughness and timeliness in complying with all of the elements in the tasks specified.

• Quality and clarity of analyses and work produced.

• Timeliness and efficacy of communications with relevant counterparts at MCC, MCA, and other relevant organizations.

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F.6. Timing and Reporting

All formal communication with MCC, including reports, will be submitted to the Contracting Officer Representative (COR). The COR for this requirement will be identified via separate correspondence.

F.7. MCC Technical Direction

For tasks performed under time and materials / labor hours, the following provision shall be followed:

Performance of the work under this contract is subject to the written technical direction of the Contracting Officer Representative (COR), and any Government Project Monitors (PM), who shall be specifically appointed, and responsibilities identified, by the Contracting Officer in writing in accordance with MCC policy. "Technical direction" means a directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in Section C of this contract, and any resulting modifications.

The COR/Government PM does not have the authority to, and shall not, issue any instruction purporting to be technical direction that:

• Constitutes an assignment of additional work outside the statement of work;

• Constitutes a change as defined in the changes clause;

• Constitutes a basis for any increase or decrease in the total estimated contract/Call Order cost, the fixed fee

(if any), or the time required for contract/Call Order performance;

• Changes any of the expressed terms, conditions, or specifications of the contract/Call Order; or

• Interferes with the Contractor's rights to perform the terms and conditions of the contract/Call Order.

Technical direction may be oral or in writing; however, the COR or government PM shall confirm oral direction in writing within five workdays.

The Contractor shall proceed promptly with the performance of technical direction duly issued by the COR or PM in the manner prescribed by this clause and within the COR's/PM’s authority. If, in the Contractor's opinion, any instruction or direction by the COR/PM falls within any of the categories defined in paragraph (b) of this clause, the Contractor shall not proceed but shall notify the Contracting Officer in writing within 5 workdays after receiving it (either orally or in writing, whichever comes first) and shall request the Contracting Officer to take action as described in this clause. Upon receiving this notification, the Contracting Officer shall either issue an appropriate contract/Task Order modification within a reasonable time or advise the Contractor in writing within 30 days that the instruction or direction is: Rescinded in its entirety; or Within the requirements of the contract/Task Order and does not constitute a change under the changes clause of the contract/Task Order, and that the Contractor should proceed promptly with its performance.

A failure of the Contractor and Contracting Officer to agree that the instruction or direction is both within the requirements of the contract/Task Order and does not constitute a change under the changes clause, or a failure to agree upon the contract action to be taken with respect to the instruction or direction, shall be subject to the Disputes clause of this contract.

Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR/PM shall be at the Contractor's risk.

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(End of SECTION F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. MCC 52.201-70 Contracting Officer’s Representative (COR) and/or Project Monitor (PM)

(JULY 2012)

(a) The Contracting Officer may designate a Government representative to act as the Contracting Officer's Representative (COR) or Project Monitor (PM) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature.

The Contracting Officer will provide a written notice of such designation to the COR and/or PM and the Contractor. The designation letters will set forth the authorities and limitations of the COR and/or PM under the contract.

(b) Modifications to this contract are effective only if reduced to writing and executed by the Contracting Officer. The Contractor is specifically prohibited from performing any work that is outside the scope of this contract without the approval of the Contracting Officer. The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

G.2. MCC 52.232-70 Invoice Instructions (May 2017)

Invoices shall be paid in accordance with the Prompt Payment Act, thirty days (30) following receipt of a proper invoice. The Contractor shall submit each invoice electronically via email or fax to the following:

Fax: 303.969.5151/7281 ATTN: MCC Payments, or Email: MCC_Accounting_IBCDenver@ibc.doi.gov

OR

As an alternative to electronic submission of invoices, one copy of each invoice may be submitted to the following address:

Interior Business Center M/S D-2773 7301 West Mansfield Avenue Lakewood, CO 80235-2230

If it is determined that the amount billed is incorrect, the invoice may be revised by the Government, or the contractor may be required to submit a revised invoice.

To constitute a proper invoice, each invoice must include the following information and/or attached documentation:

(1) Name, address and telephone of the Contractor mailto:MCC_Accounting_IBCDenver@ibc.doi.gov

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(2) Date of invoice, billing period, and invoice number

(3) Contract number (including task order or call number and contract line item(s)) also modification number, if applicable

(4) Description (quantity, unit of measure, unit price, and extended price) of the supplies/services rendered (including hours incurred and billing rate, as applicable to the contract)

(5) A schedule depicting the following information:

Amount Invoiced This Period

Cumulative Amount Invoiced

Authorized Value of Contract

Balance Remaining on Contract

If the contractor is billing for costs incurred over more than a single month, the costs for each month shall be segregated into the month they were actually incurred.

(6) Name of Contracting Officer’s Representative (COR); and

(7) Signature of authorized representative of the firm with the following invoice certification:

“The undersigned hereby certifies to the best of my knowledge and belief that: the sum claimed under this contract is proper and due, and all the costs of contract performance have been paid, or to the extent allowed under the applicable payment clause, will be paid by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and amounts involved are consistent with the requirements of this Contract.

BY:______________________________________

TITLE:___________________________________

DATE: ___________________________________

Inquiries regarding the status of invoices may be directed to NBC Accounting. The email address is: MCC_Accounting_IBCDenver@ibc.doi.gov.

(End of SECTION G) mailto:MCC_Accounting_IBCDenver@ibc.doi.gov

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. MCC 52.203-70 Contractor Non-Disclosure Agreement (MAY 2017)

All contractor employees or independent contractors engaged in this contract shall provide a non-disclosure agreement as follows signed by the individual contractor/consultant and, if a contractor employee, by the contractor’s contract administrator:

NON-DISCLOSURE AGREEMENT

I, _(contractor employee’s name)_ do solemnly swear (or affirm) that I will not divulge any information, whether obtained orally or in writing from, or data maintained by the Millennium Challenge Corporation (MCC) to any unauthorized person for any purpose. I will not directly or indirectly use, or allow the use of Confidential Information for any other purpose other than that directly associated with my officially assigned duties for MCC.

Further, I will not directly or indirectly reveal or cause to be revealed the nature or content of any (Confidential Information), except to authorized personnel.

I am aware that the unauthorized use of information may be a violation of law and this Agreement.

Company or Subcontractor

Understand that authorized persons refer only to persons assigned to a project requiring access to Confidential Information or directly in the line of management over the project requiring access to the data.

[Signatory]

Contract Administrator Date

H.2. MCC 52.204-70 Security Requirements for Contractor Personnel (MAY 2013)

Contractor employees and/or subcontractor personnel, while on MCC premises, shall be subject to and abide by all safety and security regulations of the MCC and shall be required to meet the same personnel security background requirements as MCC employees as outlined in MCC policies and procedures, including MCC’s Background Investigations and Clearances (Security Clearances and Facility Access Clearances) for Federal Employment, Contract Service and/or Volunteer Service at the Millennium Challenge Corporation (MCC’s Background Investigations and Clearance policy).

A. Contractor Personnel Facility Access Requirements (including offsite MCCNet access)

Contractor candidates hired to work under contracts awarded by MCC and require access to MCC Headquarters, MCCNet, Sensitive But Unclassified (SBU), Foreign Government Information (FGI) or other MCC-Sensitive information must be U.S. citizens or have Permanent Resident Status in the U.S. Contractor candidates will undergo a background investigation for a facility access clearance (a.k.a. a “favorable suitability” determination per MCC’s Background Investigations and Clearance policy. The screening will determine the candidate’s suitability and fitness for work under MCC contracts. The background investigation will consist of a National Agency Checks with Law and Credit (NACLC) for a Moderate Risk Public Trust (MRPT) position and fingerprint imaging to be

953324118Q0159 (Sri Lanka Land Policy Paper Preparation) Page 22 reported to FBI national databases and reported to MCC’s Security & Office Services-Security Office (MCC/Security).

For contract positions with and in support of an MRPT position, a non-U.S. citizen foreign national (FN) who has Permanent Resident Status in the U.S. (a.k.a. holds a valid Alien Registration Card, commonly referred to as a “green card,” although the actual card is no longer green), the contractor candidate must have been residing, working and/or attending school in the U.S. for the last two (2), preferably three (3), years in order for a meaningful background investigation to be conducted and the contractor candidate will be required to report all residences, work venues and/or school registrations for the last seven (7) years. Processing a MRPT background investigation for a foreign national with Permanent Resident Status may require waiting for receipt of a final Report of Investigation, at the discretion of MCC/Security, which might take up to 120 days after the candidate’s reviewed background submission is released by MCC/Security for assignment to an investigator.

MCC/Security can only make a determination of a contractor candidate’s eligibility to meet facility access clearance requirements when the candidate completes an on-line Questionnaire for Public Trust Positions (SF-85P) and Supplemental Questionnaire for Public Trust Positions (SF-85PS) via OPM’s electronic Questionnaire for Investigations Processing (e-QIP) which MCC/Security initiates and e-mails instructions to the candidate.

Contractor is required to have all affected personnel execute appropriate security forms, starting with MCC/Security’s Personal Information Request Form (which must be completed, signed by the candidate and faxed to MCC/Security at 202-521-3590) as well as theSF85P/SF-85PS, related signature releases and supplemental forms and submit to fingerprint imaging) as well as the SF-85P/SF-85PS, signature releases and supplemental forms and submit to fingerprint imaging) to MCC/ Security within seven (7) days after MCC/Security e-mail request is sent before a determination will be made with regard to the contractor candidate’s access to MCC Headquarters or overseas RCD offices and/or MCCNet is approved. Contractor candidates may be permitted to work under the contract while the background investigation is being conducted at the discretion of MCC/Security.

MCC/Security will provide the necessary background investigations forms – which must be submitted via OPM’s on-line system – to each contractor candidate, whose Privacy Act protected rights will be protected in that details regarding a negative determination with regard to suitability will only be revealed to the individual contractor candidate by MCC/Security. (Also see “Contract Award” below.)

Contractor candidates for whom unfavorable or derogatory information is developed and/or reported during the background investigation process will be presented to the contractor candidate by MCC/Security and offered an opportunity to refute, explain, clarify or mitigate the information in question. If an ineligibility determination is made by MCC/Security, the contractor candidate will be ineligible to further render services under the contract and access to MCC headquarters and/or any overseas MCC/Resident Country Director offices and/or MCCNet will be immediately terminated if the contractor candidate has been permitted to work in advance of completion of his/her background investigation

The initial ineligibility decision will be communicated by the MCC/Security through the contracting officer and COR to the contractor. The specific reasons for the ineligibility determination will be made available only to the affected contractor candidate directly by MCC/Security.

MCC/Security will follow USG-wide reciprocity mandate per The Intelligence Reform and Terrorism Prevention Act (IRTPA) of 2004, Title III, Sec. 3001 (12/06/2004) and may accept, via reciprocity, a previous investigation meeting or exceeding the MCC required investigation standard (NACLC and fingerprinting) and a related adjudication for a clearance meeting or exceeding the MCC-required clearance. Per IRTPA, the investigation must have been completed within the previous two calendar years. Contractor candidates may be required to submit updated security forms.

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MCC/Security’s decision to grant a facility access clearance to a contractor candidate will be communicated via the STARS SharePoint New Hires database and CGM will communicate the requirement for each contractor candidate to the contractor for attend MCC’s Orientation Program, which takes place on alternating Mondays at the start of each pay period. All contractor candidates who require on-site facility access and/or MCCNet access are required to attend MCC’s Orientation Program which includes a Security Briefing, a badging appointment and an IT Briefing.

After attending MCC’s Orientation Program, MCC/Security will issue an HSPD-12 compliant MCC Photo ID Badge which will permit the contractor candidate with physical site access to MCC headquarters and will indicate on the face of the badge, the contractor candidate’s status as a contractor who does not have access to national security classified information.

B. Contract Employees Not Requiring Facility, MCCNet, or Sensitive Information Access

Contractor candidates hired to work under contracts awarded by MCC who do not require access to MCC Headquarters are preferred to be U.S. citizens or have Permanent Resident Status in the U.S. Employment of any foreign national (FN) working within the U.S. must have been lawfully admitted into the U.S. in accordance with immigration laws with eligibility to work within the U.S. Employment of a FN by MCC outside of the U.S. is subject to applicable security and legal requirements established by the Chief of Mission (a.k.a. Ambassador of the U.S. to the foreign country where the non-U.S. citizen FN will be engaged as an MCC contractor) and the U.S. Department of Treasury.