95332421Q00450001_Govt Response to Questions.pdf

95332421Q0045 - MALAWI CDF

GOVERNMENT RESPONSE TO QUESTIONS RECEIVED

No. Solicitation Section Page Solicitation Language Reference Question Government Response

3.2.1 Task 1: Calculate Cost to GOM of Current

and Future Required Land Administration Services

Three aspects of the deliverables under this task will support this need: 1) the comprehensive identification of the total current baseline operational spending on land administration in Malawi by MOL’s key land administration-focused departments and the Ministry’s associated deconcentrated entities (presently – the regional deeds and land registries located in Mzuzu, Lilongwe, and Blantyre, and some limited land-related tasks already undertaken by district officials), 2) an Africa-regional benchmark for what more adequate spending on land administration would look like, reasonable and appropriate as a medium- or long-term target for a country like Malawi, and 3) a reasonable projection of by how much land administration spending in Malawi would need to increase in order for land administration services to improve, based on current spending, the global benchmarks, and a set of assumptions that will be proposed by the Consultant and agreed with MCC.

Benchmarking – Does MCC already have some countries in mind to benchmark to?

How many countries/jurisdictions does MCC have in mind to be benchmarked?

It will be the Consultant's job to identify appropriate countries for benchmarking, propose an appropriate number of coutries to benchmark to, and to reach agreement on these with MCC during contract implementation.

2 3.2.2.1 Task 2 Deliverables 11

1. Compilation of a “map” in table form and by district of all officially recognised

TLMAs and Group Village Areas, including data as may be available on the current population, land area and date of establishment for each of these

‘administrative’ units. If possible (but not mandatory), the database should also incorporate spatial data on the extent and location of the units.

For creating the “map” – what data / information does MCC already have at hand

(and might not be fully public) and can be shared with the Consultant?

Information indicated in the solicitation language reference will need to be obtained from GOM sources. It is also MCC's understanding that some level of TLMA boundary mapping has been completed by the Government of

Malawi. The Government of Malawi will be responsible for providing to the

Consultant any/all available information related to the items indicated in the solicitation language reference at left.

3.2.3 Task 3: Land Authority Assessment &

Implementation Options

2. Key issue chapters will address:

a. Options for the legal basis and role of an NLA in the context of the current

Malawi land administration sector. This should include a detailed proposal regarding the potential primary functions of an NLA and a definition of the proposed Core Business Areas, identifying functions over which the existing central or local government bodies should retain authority; the proposals should address at least the following functional categories:

Does this scope include developing budgets for the authority under the options considered? If yes, how detailed (or just indicative) do you envision the budget in this exercise should be?

Deliverables under this task will reflect the requirements indicated in SOW

Section 3.2.3.

4 3.2.1.1 Task 1 Deliverables 8

As mentioned elsewhere in this TOR, there is uncertainty about what the precise

COVID-19-related situation will be both globally and in Malawi at the time of execution of this work. As such, engagement with key stakeholders, interviews with key stakeholders, and processes for input or validation from local entities of work products may require adjustment at the time of actual work start.

What is the expectation of the time spent in country for interviews, etc? We expect this work requires some level of field work to be successful but if there’s a specific expectation, it’ll be helpful to know.

Deliverables and associated effort under this contract requires in-country work in Malawi.

5 N/A N/A N/A

Should an expression of interest (EOI) be submitted before the technical directive/proposal? Is there a specification for the form that should take (or is an email confirmation of intent to submit proposal, sufficient).

An Expression of Interest (EOI) is not required, but an email of confirmation of intent to submit a proposal is highly recommended.

6 L.8. OFFER FORMATTING 60 TABLE B – Page Limitations

Please clarify what is intended to be included in Business Volume Section C, Business

Quote Supporting Documentation.

The business quote supporting documentation may include, but not limited to, a breakout of hours and rates for CLIN 0001 and a copy of the 3rd party audit to establish indirect and overhead rates.

7 L.10.1.2. EXECUTIVE SUMMARY 62

Offerors must submit all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of this solicitation including the Statement of Work. If not noted in this section of your Offer, it will be assumed that the Offeror proposes no assumptions for award, and agrees to comply with all of the terms and conditions as set forth herein and in the Statement of

Work.

Under which section should assumptions, conditions, or exceptions be included in the

Technical Volume? Do assumptions, conditions, or exceptions count towards that section’s page limit?

Offerors must submit all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of this solicitation including the

Statement of Work. If not noted in the Executive Summary of your Offer, it will be assumed that the Offeror proposes no assumptions for award, and agrees to comply with all of the terms and conditions as set forth herein and in the Statement of Work. The assumptions, conditions, or exceptions will count toward the page count. Pricing assumptions, conditions, or exceptions can not be provided in the Technical Volume, and shall be submitted in the Business Volume.

No. Solicitation Section Page Solicitation Language Reference Question Government Response

L.11. PAST PERFORMANCE VOLUME

INSTRUCTIONS (VOLUME II)

65 N/A

Are the transmittal/cover letter, Offeror

Summary Table, and Evaluation Factor

Reference Matrix required in the Past

Performance Volume?

No.

L.12. BUSINESS VOLUME INSTRUCTIONS

(VOLUME III)

67 N/A

Are the transmittal/cover letter, Offeror

Summary Table, and Evaluation Factor

Reference Matrix required in the Business

Volume?

Yes.

10 L.12.7 QUOTE BIDDING ASSUMPTIONS 68

To assist Offerors in the preparation of their quotes, the Government presents the following bidding assumptions.

For many of the positions, the LOE ascribed to the four tasks in Part II do not add up to the Part II Total column. Could MCC please revise this table so that the LOE adds up to the correct totals, or advise whether the recommended number of days per task or in the Total column is more indicative of MCC's assumptions?

See Amendment

11 L.12.7 QUOTE BIDDING ASSUMPTIONS 68

To assist Offerors in the preparation of their quotes, the Government presents the following bidding assumptions.

Please confirm that Offerors can propose LOE that deviates from the proposed table.

Offerors should use their own judgment based on their experience and approach to completion of this project to propose the price and hours appropriate for the requirement.

12 L.12.7 QUOTE BIDDING ASSUMPTIONS 68

Land-Related Resettlement Expert (PS 5) and Land-Related Environment Expert

(PS 1)

What do "PS 5" and "PS 1" stand for in these position titles?

MCC has adopted the IFC Performance Standards. All compacts signed with

MCC are required to adhere to these standard. These standards govern the environmental and social performance of all MCC projects. PS-5 is Land

Acquisition and Involuntary Resettlement.

https://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_cor porate_site/sustainability-at-ifc/policies-standards/performance-standards/ps5 PS-1 is Assessment and Management of Environmental and

Social Risks and Impacts https://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_cor porate_site/sustainability-at-ifc/policies-standards/performance-standards/ps1

13 M.3 BASIS FOR AWARD 70

All evaluation factors other than cost or price, when combined, are significantly more important than cost or price.

Could MCC provide a breakdown for the percentages attributed to each evaluation factor?

Percentages have not been applied to the evaluation factors.

14 N/A N/A N/A Given the extent of the RFQ requirements, would MCC extend the proposal due date?

See Amendment

15 N/A N/A N/A Will the awarded Offerer be exempted from downstream implementation work?

MCC does not anticipate conflicts, as work under this contract provides analytical inputs, while final project design decisions will be made by MCC.

However, any conflict of interest determinations for future procurement opportunities with compact funds for compact implementation would be determined by the eventual MCA Contracting Officer and not MCC. As a way to potentially reduce the risk of any conflict, MCC will encourage the eventual MCA to make available to all potential bidders on eventual MCA procurements relevant information produced previously. MCC also notes that the SOW for this present assignment does not include the drafting of terms of reference for future MCA procurement actions nor the preparation of budgets for future MCA procurement actions.

16 N/A N/A N/A

Given the realities of availability due to

COVID, the tight timeframe, and deliverable expectations within the first two months of award, please confirm MCC will make key stakeholders available for interviews and discussions in-person or remotely in a timely fashion.

MCC will work with the Government of Malawi to maximize availability of key stakeholders. At the time of award, MCC will also make available to the

Consultant existing reports and documents that will help the Consultant ensure understanding of the state of work and state of progress on a variety of topics. This will enable the consultant to get up to speed quickly and build on existing work and existing knowledge.

17 Section L.3 58 L.3 Offer Submission Due Date Please can MCC consider an extension of the bidding period by 1 (one) week?

See Amendment

No. Solicitation Section Page Solicitation Language Reference Question Government Response

18 Section F. 24 F. Contract Award

Would MCC reconsider the "PRECLUSION

FROM IMPLEMENTATION CONTRACT" clause to allow bidders a right to bid for this contract and implementation contracts whether as prime or as sub-contractors

MCC does not anticipate conflicts, as work under this contract provides analytical inputs, while final project design decisions will be made by MCC.

However, any conflict of interest determinations for future procurement opportunities with compact funds for compact implementation would be determined by the eventual MCA Contracting Officer and not MCC. As a way to potentially reduce the risk of any conflict, MCC will encourage the eventual MCA to make available to all potential bidders on eventual MCA procurements relevant information produced previously. MCC also notes that the SOW for this present assignment does not include the drafting of terms of reference for future MCA procurement actions nor the preparation of budgets for future MCA procurement actions.

19 J.1. Section C 37 5 MCC Contributions

Given ongoing Covid 19 related travel restrictions, can you confirm all land agencies relevant to this Solicitation are aware of the project design activities and have been briefed to expect consultant enquiries?

The Government of Malawi is aware of the contents and requirements of this solicitation.

20 Section L 68 Quote Bidding Assuptions

Section L.12.7 outline the days of work estimates for Tasks 1, 2, 3, 5, 6, 7, and 8 --excluding Task 4. Are the Task 4 Bidding

Assuptions excluded because Section B.4.2

(Base Period CLIN 0002 - Task 4) estimates

Yes, Task 4 Bidding Assuptions are excluded because Section B.4.2 (Base

Period CLIN 0002 - Task 4) estimates the total ceiling hours required for

Task 4.

21 Section L 68 Quote Bidding Assuptions

Section L.12.7 outline the days of work estimates for Tasks 1, 2, 3 with Part 1 Total summing the 3 tasks; and Tasks 5, 6, 7, 8 with the Part 2 Total summing the 4 tasks;

however the subtotal of Task 5, 6, 7, and 8 does not equal Part 2 Total

(150+155+150+130=585, not 730). Can you please clarify and correct the Quote

Bidding Assumptions table so that Task 5, 6, 7, 8 equals Part 2 Total?

See Amendment

22 Section B 6 Consideration and Payment

Section B.4.1 Base Period - CLIN 0001 table refers to Labor Category titled Malawi Land

Productivity Project, does this Labor Category include Tasks 1, 2, 3, 5, 6, 7, and 8 in as discribed in Section L.12.7?

Yes. Offerors should use their own judgment based on their experience and approach to completion of this project to propose the price and hours appropriate for the requirement.

23 Section B 6 Consideration and Payment

Section B.4.2 Base Period CLIN 0002 - Task 4 table refers to Labor Categories and QTY

(hours), but the individual hours listed

(under QTY) for each Labor Category equals

1040, not 1160. Can you please clarify and correct the table so the list hours in the QTY column total 1160?

See Amendment

24 J.1+Section+C+-+SOW 37 Key Personnel Qualifications

In Section 7 under the subsection 'Key

Personnel Qualifications,' the paragraph below the Subsection title begins with "Error!

Reference source not found." Can you please explain the meaning of the afrementioned quote fro the "J.1+Section+C+-+SOW" document?

See Amendment

No. Solicitation Section Page Solicitation Language Reference Question Government Response

25 J.1+Section+C+-+SOW 37 Key Personnel Qualifications

Is the following list of personnel, as envisioned by MCC for this Solicitation, complete (see below)? If it is not complete, what personnel role are missing or should be removed? LIST: Team Leader - Key;

Land and Property Rights Lawyer Expert -

Key;

Land and Property Rights Lawyer Specialist -

Key;

Land Administration Expert 1 - Key;

Land Administration Expert 2 - Key;

Land Administration IT Systems Expert 1 -

Other Non-Key;

Land Sector Public Finance Expert 1 -

Essential Non-Key;

Land Sector Public Finance Expert 2 - Other

Non-Key;

Rights Regularization Operations Expert 1 -

Essential Non-Key;

Rights Regularization Operations Expert 2 -

Essential Non-Key;

Offerors may propose a different mix of personnel. Offerors should use their own judgment based on their experience and approach to completion of this project to propose the labor categories, price, and hours appropriate for the requirement.

26 N/A N/A N/A

Are suppliers who implement work under this contract precluded from being involved in the implementation of projects under the eventual compact (both organisations and individuals?)

MCC does not anticipate conflicts, as work under this contract provides analytical inputs, while final project design decisions will be made by MCC.

However, any conflict of interest determinations for future procurement opportunities with compact funds for compact implementation would be determined by the eventual MCA Contracting Officer and not MCC. As a way to potentially reduce the risk of any conflict, MCC will encourage the eventual MCA to make available to all potential bidders on eventual MCA procurements relevant information produced previously. MCC also notes that the SOW for this present assignment does not include the drafting of terms of reference for future MCA procurement actions nor the preparation of budgets for future MCA procurement actions.

27 N/A N/A N/A

We understand services under this contract are in several stages- some more prescriptive and some to be confirmed. Can MCC advise whether this contract might be involved in the development of ToR/scopes of work under a potential compact?

There are no requirements in the Base Period to develop future MCA procurement TORS or future MCA procurement scopes of work. MCC will not be requesting the Constultant to draft future procurement TORs or future procurement scopes of work under the Option Periods.