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STATEMENT OF WORK

Consulting Services support Commercial Rule of Law Projects

A. Introduction

The Millennium Challenge Corporation (MCC) has a requirement for project assessment/implementation expertise related to commercial rule of law and contract enforcement improvement programs in MCC affiliated countries. MCC will obtain the required services of up to four (4) Consultants through a competitive procurement to provide professional consulting services for such projects.

B. Program and Project Overview

On January 23, 2003, the United States established the Millennium Challenge Corporation (MCC), an innovative foreign assistance program designed to reduce poverty by promoting sustainable economic growth. MCC, a U.S. government corporation, is based on the principle that aid is most effective in countries that promote good governance, economic freedom, and investments in people.[footnoteRef:2] [2: For additional information about MCC refer to www.mcc.gov ]

MCC’s overriding objectives are to promote economic growth and a significant reduction in poverty in our partner countries. MCC does not take it for granted that programs that stimulate growth will invariably reduce poverty. MCC looks at the likely distributive effects of projects and, to the extent that data are available to perform such an analysis, identifies the beneficiaries and estimates the impact on poverty reduction. Ultimately, MCC seeks significant and measurable increases in incomes of large numbers of poor people and significant reductions in poverty.

MCC analyzes the likely impact on economic growth of its programs by analyzing whether they are consistent with international and country evidence on drivers of economic growth and by use of economic rate of return (ERR) analysis. The essence of such an analysis is a straightforward comparison of costs and benefits, where the costs are the MCA grants, other front-end project development costs, and associated project life cycle operating and maintenance costs, and the benefits are increases in incomes in recipient countries.

C. Country

Any MCC eligible country and/or country with on-going or recently completed MCC compact, including but not limited to Timor-Leste and Indonesia. The first country for this MBO to work on would be Timor-Leste.

D. Scope and Objectives

The overall objective of this contract is to support the members of relevant MCC country teams and implementation support teams in their efforts to (i) assess commercial rule of law aspects of proposed Compact projects and activities and (ii) provide implementation oversight and assessment of implementer and project performance for projects with commercial legal reform activities and components in on-going Compacts.

E. Advisory Tasks

Project Design and Assessment:

· Requires both desk review and travel to country with a Compact under development.

· Analyze all aspects of the proposed commercial rule of law project cycle including feasibility assessment, design, appraisal, and project evaluation in developing country situations with reference to existing international best practices and academic literature, particularly as it relates to economic benefits of rule of law improvements and reforms.

· Assignments could include:

· Reviewing constraints analysis, root cause analysis and feasibility assessments of MCC-Eligible country commercial rule of law projects,

· Support to the MCC staff assigned to oversee such projects in conducting investment opportunity assessments and due diligence during compact development,

· Draft and/or provide input to project or project activity descriptions for inclusion in the Concept Note and Concept Proposal Assessments and Investment Memorandum, Board or other Compact documents.[footnoteRef:3] [3: For details go to https://www.mcc.gov/resources/doc/compact-development-guidance-overview]

· Provide detailed written reports of findings and compilation of documents to MCC.

· Make public presentations as needed on commercial rule of law issues and/or projects.

· Conducting special studies related to commercial rule of law components, including capacity building proposals for key players (i.e. lawyers, magistrates, etc.) relevant to resolution of commercial disputes, and proposals to provide support to commercial courts and alternative dispute resolution methods,

· Working with local consulting firms, government ministry representatives or research entities carrying out commercial rule of law activities,

· Support to the MCC staff assigned to oversee such projects in reviewing the reports and documents from other MCC consultants and from the MCC-Eligible country,

· Reviewing and assessing case management systems and information systems at the courts

· Reviewing and assessing the policy and regulatory environment paying particular attention to how it promotes or hinders the resolution of commercial disputes,

· Evaluating coordination of MCC program design with foreign donor activities in related areas, and

· Traveling to the country as appropriate/assigned.

Project Activity Oversight:

· Requires travel to country with a Compact in force and/or recently completed Compacts requiring evaluation audits and follow-up.

· Become intimately familiar with the Project, Project Activities, and Sub-Activities including budgets, schedules, implementers, indicators, performance and/or impact evaluations, beneficiaries and related parties in order to provide informed technical advice/support as needed throughout implementation and review and recommendations related to key project deliverables requiring MCC clearance/no-objection.

· Evaluate progress of a Project, Project Activities, and Sub-Activities and identify and assess completion risks. Counsel MCC on how implementing entities could take measures to mitigate risks.

· Coordinate with the relevant government agency, civil society, private sector, donor, and Project Management Unit staffs to facilitate Activity Oversight operations.

· Provide detailed and comprehensive written reports on progress of a Project, Project Activities, and Sub-Activities to the compact development and/or implementation teams and Senior Management as appropriate and directed by the COR.

· Make verbal presentations to MCC local, Embassy and MCC Washington on project progress.

The overall objectives of this contract are to:

· Assess and/or provide oversight support for all aspects of the project cycle in countries developing and/or implementing projects with commercial rule of law related components, activities and/or benefit streams including feasibility assessment, design, appraisal, project evaluation, assessment of implementer performance, and identification of completion risks.

· Assist MCC country (compact development) teams and appropriate sector and project leads in developing appropriate modifications or alternatives to the proposed resolution of commercial dispute elements, should the assessment determine that is required.

· Conduct visits to proposed project locations and/or projects during implementation and provide reports to MCC that fulfill MCC’s due diligence or implementation oversight requirements, as appropriate as per specific technical directives provided by the COR.

The Consultant would be precluded from bidding on work and services (design, assessment, construction and supervision) to be procured by a country specific Millennium Challenge Account (MCA)[footnoteRef:4] or using funds advanced under a Compact in the relevant country. The designated Consultant would be expected to coordinate with local authorities and MCA (Accountable Entity) responsible for MCC Compact implementation as well as other donors, where relevant. However, designated Consultant would report directly to the designated COR/PM. [4: Upon award of a Compact, the grantee establishes an MCA which is the entity responsible for the implementation of the program, the Accountable Entity.]

F. Deliverables

The Consultant shall provide services to MCC on an as needed basis, as required. To support MCC in the flexible and timely manner needed to meet the evolving needs of Compact development, negotiation, implementation and evaluation, technical directives under this statement of work will be issued and the Consultant deployed each time the Consultant’s services are needed over the course of this contract. No additional tasks shall imply any additional costs to the Government beyond the amount allowed for in the initial call order; however, this call order may be amended to reflect additional costs associated with implementation planning and oversight requirements. Each technical directive will outline a set of activities and deliverables, to include but not be limited to: trip reports, ad hoc reports or information as may be requested by the COR/PM[footnoteRef:5] such as market and value chain assessments, project audits and implementer performance assessments, and review of project deliverables. [5: Contracting Officer’s Representative/Program Manager]

G. Required Expertise

· Experience working on and/or designing and evaluating commercial rule of law projects, including but not limited to Timor-Leste and Indonesia;

· Demonstrated experience conducting assessments of commercial dispute resolution processes in MCC eligible countries;

· Expertise in judicial reform in civil code countries, commercial justice, ADR (including arbitration and mediation), judicial and continuing legal education, access to justice for underserved communities (e.g. women, minorities, rural, poor).

· Demonstrated experience developing partnerships that leverage private sector resources to address development challenges;

· Demonstrated experience assessing the positive and negative impacts of current laws, policies and regulations on the resolution of commercial disputes and identifying changes that would enhance private sector investment in these sectors;

· Familiarity with MCC model and approach to project development, design and implementation oversight;

· Familiarity and experience supporting cost-benefit analysis and beneficiary analysis required for investment decision making;

· Highly desirable: Portuguese, Tetun and/or Bahasa Indonesia language skills;

· Highly desirable: expertise assessing barriers to equality and access to justice for underserved communities (e.g. women, minorities, rural, poor), as well as experience identifying mitigants that reduce barriers and facilitate greater access and fairness in the courts.

MCC does not expect or require that any one Consultant will have skills and experience in all these areas and/or all MCC geographies and will be looking to engage the services of multiple Consultants to have the combined skill sets and experience required to respond to current and anticipated project and compact needs.

H. Place and Period of Performance

All work under this contract will be completed between effective date of the contract award through a five year base period.

The estimated level of effort required under this contract (and for each individual Consultant) is in a range of 400 up to 1200 hours per year including between 2 – 6 missions to targeted countries as directed per Consultant. Consultant must be willing to travel a minimum of once per quarter for assigned projects and countries. Depending on experience of the applicants to this RFP, MCC might chose to fund up to 4 Consultants at the mid-range of hours and travel, or 1-2 at a higher level of effort (LOE). MCC anticipates this level of effort but does not guarantee this level of effort as it may decrease depending on eligible countries and proposed projects.

It is expected that the Consultant will be needed to travel to Timor-Leste as early as April 2019 and ability and availability to make such a trip will be considered in reviewing applications.

Consultant will perform the tasks under this contract in MCC-eligible countries, in MCC offices in Washington DC as requested, and at his/her own facilities.