95332425Q0005 Final.pdf

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95332425Q0005

TABLE OF CONTENTS:

Listing of Incorporated Purchase Requisitions Section B - Supplies or Services and Prices/Costs Section C - Description/Specifications/Work Statement Section D - Packaging and Marking Section E - Inspection and Acceptance Terms Section F - Delivery or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits, and other Attachments Section K - Representations, Certifications, and Other Statements of Offerors Section L - Instructions, Conditions and Notices to Offerors Section M - Evaluation Factors for Award

Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 Consulting Services 1 LT Contract Type:Time and Materials

Unit Price Other Direct Costs

Extended Price

Description:

BASE PERIOD

LABOR AND OTHER DIRECT COSTS

Purchase Requisitions

IDC Type: Not Applicable

Item Number Base Item Number

Supplies/Services Quantity Unit

1001 Consulting Services 1 LT Contract Type:Time and Materials

Unit Price Other Direct Costs

Extended Price

Description:

OPTION PERIOD ONE

LABOR AND OTHER DIRECT COSTS

Purchase Requisitions

Option: 1 Option Time Date: 3/17/26 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable

Item Number Base Item Number

Supplies/Services Quantity Unit

2001 Consulting Services 1 LT

Contract Type:Time and Materials Unit Price

Other Direct Costs Extended Price

Description:

OPTION PERIOD TWO

LABOR AND OTHER DIRECT COSTS

Purchase Requisitions

Option:

Option Time Date: 3/17/27 Option Time Duration: 365 Option Time Units: Days IDC Type: Not Applicable

Item Number Base Item Number

Supplies/Services Quantity Unit

3001 Consulting Services 1 LT Contract Type:Time and Materials

Unit Price Other Direct Costs

Extended Price

Description:

OPTION PERIOD THREE

LABOR AND OTHER DIRECT COSTS

Purchase Requisitions

Option:

Option Time Date: 3/17/28 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable

Clauses incorporated by reference

None

Clauses incorporated by full text

Section B - Supplies or Services and Prices/Costs

B.1 PURPOSE & INTRODUCTION

MCC requires infrastructure consulting services in road sector for independent oversight of the implementation of Nepal Compact. This includes transport infrastructure of roadways, pavement and pedestrian facilities as well as environmental and social oversight support. These services include a wide range of technical assistance tasks to support MCC's program objectives during the Compact Implementation. It is important to note that MCC engages in a multidisciplinary approach to program development, and as such, the services required could include cross-cutting tasks related to the integration of key priorities (e.g. climate, gender and inclusion).

B.2 SERVICES TO BE PROVIDED

The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to perform the tasks as defined in Section C of the Statement of Work.

B.3 CONTRACT TYPE

This is a Time & Materials (T&M) Contract Type.

B.4 DIRECT LABOR MIX & DIRECT LABOR COSTS

Tables one (1) through three (3) below are provided as the following attachment to the RFQ in Section J: J.1 "Request for Quote (RFQ) Price Template, Excel File".

Table 1. Direct Labor Mix quoted labor rates categories Base OY 1 OY 2 OY 3

Program Manager (Key Personnel)

Construction Engineer

Transport Sector Specialist

Environmental and Social Management Specialist

Nepali Transport Expert

Pavement Expert

Legal Expert Contracts

Transport Sector Economist/Modeler (Roads/HDM4)

Geotechnical Engineer

Social/Resettlement Specialist

Roads Maintenance and Institutions Specialist

Contract Management Specialist

Health and Safety Specialist

Hydrologist

Gender Specialist

Administrative Staff

Support Engineers

Other Specialists quoted labor hours level of effort Base OY 1 OY 2 OY 3

Program Manager (Key Personnel)

Construction Engineer

Transport Sector Specialist

Environmental and Social Management Specialist

Nepali Transport Expert

Pavement Expert

Legal Expert Contracts

Transport Sector Economist/Modeler (Roads/HDM4)

Geotechnical Engineer

Social/Resettlement Specialist

Roads Maintenance and Institutions Specialist

Contract Management Specialist

Health and Safety Specialist

Hydrologist

Gender Specialist

Administrative Staff

Support Engineers

Other Specialists

TOTAL 3310 5105 4000 1735

quoted labor cost

*labor / CLIN 0001 1001 2001 3001

Program Manager (Key Personnel)

Construction Engineer

Transport Sector Specialist

Environmental and Social Management Specialist

Nepali Transport Expert

Pavement Expert

Legal Expert Contracts

Transport Sector Economist/Modeler (Roads/HDM4)

Geotechnical Engineer

Social/Resettlement Specialist

Roads Maintenance and Institutions Specialist

Contract Management Specialist

Health and Safety Specialist

Hydrologist

Gender Specialist

Administrative Staff

Support Engineers

Other Specialists

TOTAL

Labor Categories and Labor Rates: Table 1 above depicts the Government's request for at least eighteen (18) different labor categories over the life of the contract. The vendor will quote fully burdened labor rates inclusive of all direct and indirect cost loaders.

Labor Level of Effort (LOE) Hours: This is a technical assistance, Time and Materials requirement. The number of estimated labor hours are an illustration of the government's depiction of the requirement by contract year; The total # of hours specified for each year is fixed and shall remain unchanged by Quoters'; Quoters will choose how to allocate estimated labor LOE Hours, according to their own unique quoted technical methodology, approach and labor categories.

Labor / CLIN: This is where the Quoters' labor rates, multiplied by the quoter's labor hours, will yield the Quoter's fully burdened labor costs for each respective labor category.

Table 2. Other Direct Costs

ODC /

CLIN

0001 1001 2001 3001 TOTAL

ODCs 232,940.00 245,200.00 196,160.00 140,640.00 814,940.00 G&A; etc.

TOTAL

ODCs are estimates only and will be on a cost reimbursable basis and definitized when requirement(s) are identified & defined. Indirect costs include but are not limited to: domestic and international airfare, domestic and international per diems, domestic travel, car rentals (drivers, gas, tolls), equipment rentals, sub-contractors, data collection, hotels, communications (internet, phone, etc.) ODCs are set & established as fixed by the Government for the purposes of soliciting and evaluating Quotes and thus: are to remain unchanged by Quoter(s). Quoter(s) are permitted to markup ODCs with General & administrative and or Material Handing cost loaders if applicable.

Table 3. Labor & ODCs

CLIN 0001 1001 2001 3001 TOTAL

*Labor totals

*ODC sub-total 232,940.00 245,200.00 196,160.00 140,640.00 814,940.00

G&A; etc.

*ODC total 232,940.00 245,200.00 196,160.00 140,640.00 814,940.00

*CLIN total costs

Table 3 above is a summary Table of Tables 1 and 2 above.

B.5 LIMITATION OF FUNDS - INCREMENTALLY FUNDED CONTRACTS

In accordance with clause 52.232-72 MCC 52.232-72 LIMITATION OF FUNDS - INCREMENTALLY FUNDED CONTRACTS (NOV 2006) MCC 52.232-72 Limitation of Funds - Incrementally Funded Contracts funds in the amount of $_________ have been allotted to this contract. It is contemplated that funds now obligated under this contract will cover the work to be performed until _________. 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

Section C - Description/Specifications/Work Statement

Clauses incorporated by reference

None

Clauses incorporated by full text

Section C - Description/Specifications/Work Statement

Infrastructure Consulting Services for Nepal Compact INFRASTRUCTURE PRACTICE GROUP: Roads and Transport Activities

1. Introduction

The Millennium Challenge Corporation (MCC) is a Federal Corporation created under Title VI of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004. It is tasked with managing and implementing the Millennium Challenge Act (MCA), which Congress approved to provide United States assistance for economic development.

The MCA is an innovative foreign assistance program designed to "reduce poverty through sustainable economic growth" in some of the poorest countries in the world. MCA provides incentive for policy reforms by rewarding countries with additional resources that complement those of other bilateral U.S. development programs, other donors and their own investments.

MCC is managed by a Chief Executive Officer and a public-private Board of Directors comprised of the CEO, the Secretary of State, Secretary of the Treasury, U.S. Trade Representative, USAID Administrator and four individuals from the private sector appointed by the President with the advice and consent of the Senate. It draws its diverse staff from other government agencies, the private sector, universities, international development agencies and non-government organizations. MCC has invested more than $17 billion in compact and threshold programs worldwide that support country-led projects in sectors such as agriculture and irrigation; anti-corruption; energy (sector reform, generation, transmission and distribution systems;

electricity access); transportation (roads, bridges, ports), water supply and sanitation, access to health, finance and enterprise development, land rights and access, and access to education.

To be selected as eligible for an MCC assistance program, a country must demonstrate a commitment to policies that promote political and economic freedom, investments in education and health, the sustainable use of natural resources, control of corruption, and respect for civil liberties and the rule of law, as measured by independent and transparent policy indicators.

These indicators measure how well countries perform in three broad policy categories: ruling justly, investing in people, and encouraging economic freedom. In determining eligibility, MCC's Board selects MCA eligible countries that are above the median of its income peer group (low income or lower middle income) on at least half of the indicators in each of the three categories and above the median on the corruption indicator. The Board may consider additional information and consider factors such as data gaps or lags to select the countries that will be eligible for MCA assistance.

Recognizing that development is achieved by a country's own efforts, policies, and people, MCC gives selected countries the opportunity to identify their own priorities for achieving sustainable economic growth and poverty reduction. Countries develop their MCA proposals in broad consultation with their own civil society. MCC teams then work in partnership to help countries develop an MCA program which will reduce poverty and sustain economic growth. The MCA program is reflected in a compact that defines responsibilities and includes measurable objectives and targets to assess progress. The compact also describes how the country will manage and implement its MCA program, including how it will ensure financial accountability, transparency, and fair and open procurement.

For more information on MCC, please visit www.mcc.gov.

2. Background http://www.mcc.gov

On September 17, 2017, the Federal Democratic Republic of Nepal (GON) and the Government of the United States of America, the latter acting through the MCC, signed a Compact for a grant from the Government of the United States of America in the amount of 500 million USD and a national counterpart from the Federal Democratic Republic of Nepal in the amount of 130 million USD. The Compact agreement is available at https://www.mcc.gov/resources/doc/compact-nepal/.

The Compact will be implemented for a period of five (5) years from the date of entry into force, which commenced August 30 th, 2023, to August 30th, 2028. The Millennium Challenge Account (MCA) Nepal is responsible for implementing the Compact.

MCA Nepal is a legal entity under Nepali law placed under the supervision of a Board of Directors. MCA-Nepal is governed by an Executive Board, chaired by the Secretary of the Ministry of Finance. The Joint Secretary of Ministry of Physical Infrastructure and Transport; Joint Secretary of Ministry of Energy, Water Resources and Irrigation; and Managing Director of Nepal Electricity Authority are other members of the Board. Similarly, there are two representatives one from the private sector and another from civil society in the Board. The Executive Director of MCA-Nepal is the Member Secretary.

The Compact is made up of two (2) Projects, the Electricity Transmission Project ($399,288,485 USD) and the Road Maintenance Project ($52,285,000). This contract will assist MCC in oversight for the Road Maintenance Project only. Poor road maintenance in Nepal makes travel and transport of goods challenging and expensive. The high cost of transport has significant economic effects in a landlocked and mountainous nation that relies on cross-border trade. To address the high cost of transport, the Road Maintenance Project aims to maintain road quality of Nepal's National Highways by preventing further deterioration of Nepal's road network. The project will do this through:

• periodic maintenance of up to 90 kilometers of the country's strategic road network,

• technical assistance programs with various agencies and institutions focused on road maintenance,

• introduction of new pavement recycling technology to Nepal through a 40 km pilot project, and

• an incentive-matching fund to encourage the expansion of Nepal's road maintenance budget.

2.1 Road Maintenance Project

The objective of the Road Maintenance Project (the "Road Maintenance Project") is to maintain road quality across Nepal's primary or strategic road network (the "SRN"). To achieve the Road Maintenance Project Objective, MCC Funding will support: (i) funding for technical assistance and capacity building to Nepal's DOR and RBN, and (ii) up to 100 kilometers of maintenance works on Nepal's SRN.

Technical Assistance (TA) Activity

This Activity will provide training and capacity building for the DOR and RBN. Compact funding will support training and capacity building for DOR and RBN, as applicable, in the areas of: 1) improved data collection and techniques; 2) preparation of appropriate road maintenance plans driven by economic justification; 3) improved prioritization of periodic maintenance; 4) improved contracting and contracting management, including integration of improved road safety features; and 5) improved project management. The training and capacity-building provided will also entail the transfer of modern road maintenance methods, technologies, and business processes under this Activity.

Strategic Road Maintenance Works Activity

The Strategic Road Maintenance Works Activity is intended to complement and build upon the Technical Assistance Activity and will include two components: (i) a pilot sub-Activity focused on pavement recycling (the "Pavement Recycling sub- Activity"); and (ii) a matching fund to finance periodic maintenance works. The Pavement Recycling sub-Activity will be undertake using new technologies (Superpave and full depth reclamation) which has the potential to address some of the issues associated with carrying out works on narrow roads, namely traffic congestion, difficult work conditions, and extended construction times.

2.2 Current status

The compact is currently in its second year of implementation. There are two separate road works projects being procured and constructed separately as a part of the Strategic Road Maintenance Works Activity or Road Maintenance Project (RMP).

The status of those projects is outlined below:

o Dhan Khola to Lamahi 40 km Full Depth Reclamation Segment (FDR Works) https://www.mcc.gov/resources/doc/compact-nepal/ o This segment is in procurement for the works contractor and is expected to start construction in the first half of 2025 o Periodic Maintenance Project (PMP) o This segment is in the design phase, with the procurement for the design and supervision engineer to be completed in the first half of 2025 o Construction for this segment will begin likely end of 2025

The Technical assistance (TA) program is in implementation with some equipment and trainings already completed. The consultants have already been provided to the Roads Board Nepal (RBN) to support in capacity building. The procurement for the TA for the DoR will be released in the coming months.

The consulting services provide through this contract will support MCC and MCA Nepal in all these activities as well as any other roads related work and assist MCC in oversight of compact closeout in 2028.

3. Scope

MCC requires infrastructure consulting services in road sector for independent oversight of the implementation of Nepal Compact. This includes transport infrastructure of roadways, pavement and pedestrian facilities as well as environmental and social oversight support. These services include a wide range of technical assistance tasks to support MCC's program objectives during the Compact Implementation. It is important to note that MCC engages in a multidisciplinary approach to program development, and as such, the services required could include cross-cutting tasks related to the integration of key priorities (e.g. climate, gender and inclusion).

4. Services

The services required under this scope do not include Architect-Engineer services as defined in the Brooks Act and do not include certification of designs or construction services as defined in the Federal Acquisition Regulations Part 36 and Part 2.

Some terminology used, such as professional engineer and design review, have multiple meanings in the engineering profession. Under no circumstances should those terms be interpreted to include performance of Brooks Act services Section 1102 of 40 U.S.C. Chapter 11.

Applicable directives

MCC will provide the Contractor with any applicable directives after contract award. Generally applicable directives include MCC policies, including those publicly available on MCC's website, as well as internal policies that are not publicly available.

Below are the directives that are the most relevant to the scope of services and tasks that the Contractor provide and perform under this contract.

• MCC Program Procurement Guidelines

• MCC Environmental Guidelines (public)

• MCC Climate Strategy (public)

• MCC Inclusion and Gender Strategy (public)

• MCC-TVS Road Development and Implementation Guidelines (internal)

• MCC-TVS Vertical Structures Development and Implementation Guidelines (internal)

5. Tasks

MCC places significant priority on country ownership, and to this end, compact implementation is the responsibility of the recipient governments. However, MCC retains and frequently exercises the right to review, approve, monitor and audit any activity under the compact. Through the MCC model of aid delivery, funds are made available to the recipient country based on meeting clearly defined conditions precedent to disbursement (CPs) and project progress. Thus, MCC acts in an oversight and advisory capacity to MCA units and the MCA that administer and manage their respective compacts through a variety of subcontracts and implementing entity agreements (IEAs). Since the Nepal compact is in implementation, the Contractor shall be requested to assist MCC in conducting oversight of project implementation and performance. The Nepal compact at times also demands assistance that goes beyond the oversight responsibility, requiring MCC staff to take a more active role in project management. It is expected that the contractor supporting MCC will also aid in these project management tasks as MCA Nepal's workload peaks, decisions need to be made, and more technical inputs may require additional inputs.

The Contractor shall assist in monitoring engineering, environmental, and social components of project implementation to ensure completion of projects in accordance with the objectives, specifications, applicable MCC policy requirements, and CPs of the compact. The Contractor shall advise MCC by conducting periodic in-country and desk reviews to provide assurance that funding should be continued and that projects are on track to meet agreed-upon specifications, schedules, milestones, and budgets related. Additionally, the Contractor shall assist in identifying potential unforeseen impacts of implementation and provide recommendations for resolution. Such reviews would address, among other things, commentary on the following:

5.1 Strategic Road Maintenance Works Tasks

The tasks under the Road Maintenance Project (RMP) will revolve around the road maintenance works activity and the technical assistance activity. As mentioned in section 2.2, there are two separate road works plans. The road works will include separate supervision an construction contracts, one for the FR segment an one for the PMP segment. The tasks to support the RMP fall into the following categories:

a. Review Feasibility and Design Update Stage: In this stage, the Contractor shall review feasibility studies and other technical studies and designs and make recommendations to MCC with regards to the quality, accuracy, and adequacy of those document prior to finalization of packages for construction bidding. This contract will need to support the review from both an engineering and an environmental perspective. The design for the FDR segment has been completed, however the design for the periodic maintenance section has yet to commence and will need review.

b. Pre-Construction Procurement, Permitting, and Start-Up Stage: In this stage, the Contractor shall provide technical advice to ensure the efficient procurement of services for construction and any consulting services that are required to the construction. In addition, the Contractor shall provide technical advice to MCC to ensure that construction and environmental permits have been obtained and that any permit conditions have been appropriately considered.

Additionally, the contractor will assist MCA to develop checklists and report templates for monitoring construction and environmental/health and safety. The tasks shall include:

o Advise on procurement strategy, timing, packaging, and expertise/firms subject to contracts for construction and supervision of the works.

o Participate as an observer in pre-proposal bidders' conferences, pre-bid job site visits and preconstruction meetings, as necessary o Review bidding documents to ensure they include all necessary information/requirements for environmental, occupational health and safety, social, resettlement, and public safety issues o Draft checklist and reporting templates for the supervisor engineer and construction contractor o Provide an independent review of technical submittals and cost proposals for construction, and construction supervision o Review proposal evaluation reports from technical panel and procurement agent o Review contract terms and conditions of the work contracts, as well as the contracts for design, environmental assessment, construction supervision, and related services o Assess the adequacy of work plans, mobilization plans, environmental plans, and procedures of selected contractors and consultants o Assist MCC in the creation and updating of cost-benefit analysis model(s) as needed o Other preconstruction tasks and monitoring for engineering, environmental and Health and Safety risks

c. Construction Period Monitoring Stage: In this stage, the Contractor shall monitor, on behalf of MCC as the funding entity, all aspects of construction including schedule, cost/budget, specifications, quality control and provide advice on corrective actions if any deviation occurs from planned activities. In addition, the Contractor shall monitor and report on compliance with environmental, social, health and safety requirements. The tasks shall include:

o Monitor all aspects of the reconstruction to ensure completion of the works in accordance with schedules, plans and specifications o Participate in periodic MCC missions to oversee construction progress and provide (quarterly, or as required by MCC) spot on-site monitoring, spot testing and reporting of construction progress, Quality Assurance and Quality Control, occupational health and safety, ESMP, RAP and TIP compliance, and material usage as per standard construction practice o Perform periodic audit on the construction supervisory firm(s) and assess quality and completeness of the works, including verification of any monitoring and evaluation indicators submitted o Assist to develop workable and technically adequate alternatives to the baseline design when problems with building the baseline design are encountered or cost and schedule concerns prompt a search for alternative approaches o Liaise with Project Implementation Entities who will implement and/or oversee construction and other activity implementation and provide comments to MCC on the progress/results of these entities o Coordinate with MCC Environment and Social Specialists and consultants to ensure compliance with ESMPs, HSPs, Hazardous and Waste Management Plans, social requirements, Strategic RAPs and site-specific RAPs, HIV/AIDS awareness plans, o Provide appropriate guidance consistent with the IFC Performance Standards and EHS Guidelines, tools, and assistance and, where necessary, help to strengthen institutional capacity and policies to integrate internationally accepted principles of environmental and social sustainability and social equity into the design and implementation of MCC-funded projects; and Trafficking in Persons (TIP) Risk Management Plan and other requirements o Coordinate with MCC monitoring and evaluation specialists on defining/updating project performance indicators and designing impact evaluation assessments; and o Review and provide comments on all material changes to the plans and manuals o Review ESMP and RAP implementation o Review implementation of Stakeholder Engagement Plans and Grievance Mechanisms o Review implementation of gender and social inclusion activities in the Compact o Periodically monitor performance against Conditions Precedent in the Compact o Review contractor's pay requests in terms of project schedules, work-in-place and advise as appropriate o Monitor prices indices in construction contracts and prepare reports on impact and mitigation strategies o Review cost proposals/field orders and change orders for accuracy in terms of scope of work, labor and materials, and rates and advise action as appropriate o Verify that all contractors have obtained all necessary environmental permits including, but not limited to, permits required for work camps, waste disposal sites, borrow pits, and blasting activities o Review requests for amendments or change orders prior to MCC's approval o Assist MCC in updating of the cost-benefit analysis model(s) as needed should key model parameters change during construction

d. Turnover and completion stage, Defects Notification Period: In this stage, the Contractor shall focus on conducting inspections of the completed project; ensure coordination of construction closeout procedures and release of retentions. The tasks shall include:

o Assist MCC in updating of the cost-benefit analysis model(s) based on field verified data o Witnessing of required performance testing o Review of capacity and capability of agencies/organizations taking over completed works o Draft technical and/or management papers, memorandums, presentations and other documents related to the implementation of infrastructure program o Review maintenance plans and funding arrangements o Represent MCC's technical interests in any dispute resolution procedures o Review of development of punch list and clearing of punch list items during the defects notification period o Provide inputs to closeout plans o Review periodic defect reports to be produced by the Engineer o Identify defects and propose corresponding set of recommendations o Conduct periodic visits to verify if defects have been remedied by the works Contractors o Conduct close-out audit to ensure that all close-out activities related to environmental, social, health, and safety measures, and waste management plans are properly implemented, and requirements complied with before relevant Contractors and consultants are released and works are handed over to the GON o Advise MCC on defects that remain unresolved, or any evidence of possible fraud and corruption in the management of the Defects Liability Period (DLP), which may take place after the Compact ends;

o With respect to services contracts, advise MCC on incomplete or low quality work that may detrimentally impact effectiveness as intended of the activity;

o Assist MCC as needed in assuring orderly Compact Closeout procedures for infrastructure, environment, social and resettlement activities of the Compact and studies/technical assistance as may be appropriate;

o Advise MCC on the end state and functionality of any institution that was supported, re-structured or reformed as part of the Compact interventions or in compliance with Compact CPs;

o Assess capability of beneficiary/implementing entities to sustain the impact and investments made by or as a result of the Compact, including coordination with the MCC hired evaluator to ensure alignment of assessment criteria.

o Integrate all final roads data (IRI, deflections, traffic, thickness measurements, moduli) into a georeferenced database that shows the before and after project conditions and characteristics.

5.2 Technical Assistance Activity Tasks

The TA activity is already in the implementation phase, however there are some elements which have still yet to be procured.

The tasks under this activity will be a combination of general review and oversight, as well as technical support to the MCA and implementing entities to ensure the TA is being implemented effectively and is sustainable.

o Assist in drafting and review of terms of reference for this activity o Support MCC in review of deliverables from consultants o Draft technical and/or management papers, memoranda, presentations and other documents that support the TA activity o Review implementing entity arrangements and cooperation agreements between the GON and other entities as they pertain to the projects;

o Track relevant developments in the related transport and infrastructure sectors in Nepal, and assist MCC

Nepal in donor coordination, as appropriate o Review technical studies for the compact, as needed, and associated transaction documents o Review implementation plans and work plans developed by MCA Nepal or their consultants and related implementing entities as they pertain to infrastructure, environment, social and resettlement activities, providing advice to MCC in terms of the appropriateness of same, from a technical, financial, environmental, gender, social inclusion, and managerial perspectives.

o Provide general technical and/or contractual advice and assistance to MCC related to the activities, including reviewing materials designed by MCC's evaluator for the evaluation of these activities o As needed by MCC, perform evaluations on capacity of GON, its implementing entities, and other stakeholders involved in Compact implementation and provide recommendation for capacity building and improvements where applicable;

o Verify, review, and assess the adequacy of all reports that are provided by MCA Nepal, contractors, Implementing Entities, and that the reports fulfill the reporting requirement obligations of these entities under the Program to assist MCC's authorization of disbursement requests

5.3 Other Tasks as assigned

The Contractor shall be able to assist in each of the following general areas and other tasks as assigned to support MCC decision making:

o Support MCC issuance of 'no objection' reviews o Draft technical and/or management papers, memoranda, presentations and other documents for MCC o Review technical studies for Compact Projects, as needed, and associated transaction documents o Review Conditions Precedent in Compact to ensure progress made is in line with MCC expectations o Provide general technical and/or contractual advice and assistance to MCC related to the activities included in the Compact o Review key MCA Nepal consultants' technical staff and their management capacity o Report results to MCC in a timely manner, at least quarterly, throughout the duration of the Compact Term, and more frequently, if significant deviations from GON requirements are encountered o If changes in cost were to be incurred and MCC is required to make an amendment to the Compact, assist MCC in all analyses relating to activities of projects that cause cost variation (description of causality, assessment of changes, calculation of costs and contingencies, calculation of time line changes, etc.), including support updating the cost-benefit analysis models as needed o Assist any auditors from the United States Government with provision of information or provision of answers for requests for clarification o Make presentations on implementation progress and performance to MCC annually (in Washington, DC) and provide an annual Implementation Review and Performance written report o Assist in transferring analyses, costing, drawings, implementation plans, procurement documentation, and other relevant data and information to MCC and the Procurement Agent o Provide legal and contractual advice and assistance on the interpretation and execution of small works contracts and represent MCC's technical interest in any dispute resolution procedures o Other tasks assigned to support MCC in oversight and decision making o Provide guidance to MCA counterparts in Program Management, QA/QC, FIDIC contracting and other similar topics o Provide Program or Project Management Support to MCC, specifically by developing and updating cost tracking tools, schedules, risk registers and similar tools o Travel to Nepal or Washington as required

6. Contract Performance Monitoring

6.1 Quality Assurance

The Contractor shall have in place and maintain a Quality Control Plan (QCP) that outlines how the Contractor will meet the requirements of all performance objectives, monitor and proactively manage Technical Directive requirements. The QCP must include the mechanism by which the MCC will be notified of performance related incidents that are likely to affect quality of services or impact mission accomplishment. The Contractor shall provide a copy of its QCP to the MCC COR within 30 days of the effective date of contract award. The Contractor shall propose changes to the QCP in writing to the Contracting Officer and the COR for review and comment no later than 10 working days prior to the effective date of the proposed changes.

6.2 Quality Monitoring

The Contractor shall comply with FAR Clause 52.246-6, Inspection Time-and-Material and Labor-Hour and its QCP when performing all services required under this contract.

7. Conflict of Interest

The Contractor and its subcontractors would be precluded from bidding on work and services to be procured by the local MCA accountable entity or using funds advanced under a Compact (CDF) 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.

Section D - Packaging and Marking

Clauses incorporated by reference

None

Clauses incorporated by full text

Section D - Packaging and Marking

The contractor shall ensure the contractor name and contract number are clearly visible on all information submitted to the

Contracting Officer Representative, Project Monitor and/or Contracting Officer.

Section E - Inspection and Acceptance Terms

None

Clauses incorporated by reference

None

Clauses incorporated by full text

Section E - Inspection and Acceptance Terms

Incorporated by Reference:

FAR 52.212-4 (a) Inspection/Acceptance

Section F - Delivery or Performance

Line Item: 0001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

3/17/25 3/16/26 MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

WASHINGTON DC

US 20005

Line Item: 1001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

3/17/26 3/16/27 MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

WASHINGTON DC

US 20005

Line Item: 2001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

3/17/27 3/16/28 MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

WASHINGTON DC

US 20005

Line Item: 3001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

3/17/28 3/16/29 MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

WASHINGTON DC

US 20005

Clauses incorporated by reference

None

Clauses incorporated by full text

Section F - Delivery or Performance

F.1 PLACE OF PERFORMANCE

The contractor will be required to work in Nepal and at their work office, and at MCC's headquarters in Washington, DC.

Insert Awardee's Physical Location Address Here.

The Contractor may be authorized to work in Nepal. While performing services in country, the Contractor shall be responsible for arranging temporary office.

F.2 PERIOD OF PERFORMANCE

The actual PoP will begin on the date of contract award. The contract will contain one (1) base year period of twelve (12) months; and: three (3) one (1) year option periods of twelve (12) months each, for a total maximum contract period of performance of: four (4) years or forty-eight (48) months.

F3. TECHNICAL DIRECTION

Performance of the work under this commercial services contract, shall be subject to the technical direction of the Contracting Officer's Representative (COR) / Project Manager (PM). The term "technical direction" is defined to include, without limitation, the following:

(1). Directions to the Contractor, which redirect the contract effort, shift work emphasis between work areas, require the pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish contractual requirements;

(2). Provision of information to the Contractor, which assists in the interpretation of renderings, specifications or technical portions of the work description; and

(3). Review and, where required by the contract, approval of reports, creative renderings, specifications, materials or technical information to be delivered by the Contractor to MCC under this contract.

Technical direction must be within the general scope of work stated in the contract. The COR/PM does not have the authority to, and may not, issue any technical direction which:

(1). Constitutes the assignment of any additional work outside the general scope of the Task Order;

(2). Constitutes a change as defined in the contract clause entitled, "Changes";

(3). In any manner causes an increase or decrease in the total estimated Purchase Order costs, fixed fee, or time required for the Purchase Order performance; or

(4). Changes any of the express terms, conditions or specifications of the contract.

All technical direction shall be issued in writing by the COR/PM; verbal direction, if necessary, shall be confirmed by the COR/PM in writing within five (5) working days after their issuance, with a copy to the Contracting Officer (CO). The Contractor shall acknowledge acceptance of the technical direction by submitting a letter of acceptance, via email or Fax, to the COR/PM and Contracting Officer.

The technical direction will provide clear and concise instructions on tasks and deliverables requested of the Contractor's team, and designate the MCC technical contact with whom the Contractor should coordinate. The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR/PM in the manner prescribed by this article and within his/her authority under the provisions of this article.

If, in the opinion of the Contractor, any instruction or direction issued by the COR/PM is not within one of the tasks defined above, the Contractor shall not proceed, but shall notify the CO, in writing, within five (5) working days after receipt of any such instruction or direction and shall request the CO to modify the contract accordingly. Upon receiving such notification from the Contractor, the CO shall issue an appropriate Purchase Order modification or advise the Contractor, in writing, that in his/her opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause of the Purchase Order. The Contractor shall thereupon proceed immediately with the direction given.

F.4 DELIVERABLES

At a minimum, the following deliverables will be required:

Specific deliverables and deadlines will be defined by technical directives. MCC will describe deliverables and delivery schedules to be provided by the Contractor through technical directives. The Contractor shall be prepared to provide a draft deliverable for review and comment by MCC prior to issuing a final deliverable. Deliverables may include but are not limited to the following:

• Terms of reference or other scoping documents prepared by MCC, the MCA or its contractors;

• Design reviews of infrastructure projects and other activities contemplated under the Compact;

• MCA technical and/or financial procurement evaluations;

• Draft and final contracts with relevant services/goods/works contractors to be engaged by the MCA;

• Technical studies, designs and other MCA contractor deliverables;

• Work plans and other program and project schedules;

• Construction supervision documents;

• Cost or other LOE estimates;

• Travel and site visitation reports;

• HDM-4 results and other cost-benefit analysis-related inputs

The Contractor shall address and incorporate comments provided by MCC into final deliverables, as appropriate. The Contractor may be requested to submit or present deliverables not only to MCC but also to high level government officials in eligible countries and to counterpart teams in eligible countries. Deliverables shall be submitted in English, if required in specific technical directive requirements. The Contractor will establish and maintain a comprehensive reference index of all relevant documents reviewed by the Contractor. All such documents made available and collected by the Contractor, will be compiled in usable form and delivered in an organized fashion to MCC at the end of the contract.

F.5 LANGUAGE REQUIREMENTS

All deliverables shall be produced in English. All personnel must be fluent in English.

F.6 TRAVEL REQUIREMENTS

The contractor may be required to make, at a minimum, quarterly trips to Nepal with 3-5 staff depending on demand.

MCC estimates the cost of travel not to exceed the amounts noted in Section B.

F.7 DOCUMENT OWNERSHIP AND INFORMATION MANAGEMENT SYSTEM REQUIREMENTS

All documents produced and/or collected by the contractor, electronic and hard copies, shall be the sole property of MCC. The Contractor shall establish and maintain a comprehensive electronic data base and reference index of all relevant documents reviewed, produced, and/or edited by the Contractor. Any and all such documents will be electronically compiled in usable form and delivered to MCC, in an organized electronic format acceptable to MCC, at the end of the contract, and if requested by MCC also in hard copies.

The Contractor shall provide a document management system acceptable to MCC. MCC, at its sole discretion, may provide such system as SharePoint or similar in addition or in lieu of the Contractor's system. The Contractor shall abide by MCC required communication protocol including sharing information and reports with the MCC team, and/or other MCC consultants for efficient and timely reviews and communications as specifically requested.

F.8 TIMIMG & 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. The COR will have technical responsibility for monitoring the performance. The COR will review and evaluate the contract's performance, and also will coordinate any communications with relevant counterparts and other donor agencies and organizations. Any change in the terms of the contract must be made in writing and approved by the Contracting Officer. No representation of the COR shall serve as a basis for an alteration in the general scope of this contract or of the terms and conditions of the contract 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.

F.9 ACCEPTANCE CRITERIA

Deliverables will be evaluated according to the following criteria:

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

(1). Quality and clarity of analyses and work produced.

(2). Timeliness and efficacy of communications with relevant counterparts at MCC, MCA, etc.

(3). All reports should be written in English, cleanly formatted and with no errors. English is the principle language for all reports and technical work under the contract. MCC does work in countries where the French or Spanish are the main language.

(4). MCC reserves the right to review draft reports, plans and analysis two weeks before the due date and provide comments before they are finalized.

(5). All reports are to be submitted in hard and electronic copy (in MS Word), with tables, data and calculations in MS Excel.

Section G - Contract Administration Data

Requesting Office Address

MCC-HQ

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550 Phone: Fax:

Contact Details:

Property Administration Office Address

MCC-HQ

Mil…