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MCC-13-RFP-0082: Environmental, Social and Health Services (ESHS) 1

ENVIRONMENTAL, SOCIAL AND HEALTH SERVICES

COMBINED SYNOPSIS/SOLICITATION

MCC-13-RFP-0082

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(i) The solicitation number is MCC-13-RFP-0082. This solicitation is issued as a request for proposal (RFP).

(ii) The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2005-64.

(iii) This solicitation is not a set aside.

(iv) Contract line item number(s) and items, quantities and units of measure are included in the solicitation.

(v) The MCC requires Environmental, Social, and Health Services (ESHS) to support the identification, assessment, design, implementation, and evaluation of MCC-supported projects.

(vi) Dates and places of delivery are included herein. Acceptance is at the Government location and all deliveries are FOB destination.

(vii) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. Addenda are attached.

(viii) The provision at 52.212-2, Evaluation -- Commercial Items is included. The evaluation criteria included in paragraph (a) are:

A. Firm Professional Qualifications, Sector Experience, and Staff Expertise

B. Management

C. Past Performance

D. Price

(ix) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and

Certifications -- Commercial Items, with its offer, unless this information is in ORCA. In the event this information is in ORCA, only submit section b of the provision.

(x) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

Addenda are attached.

(xi) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive

Orders -- Commercial Items, applies to this acquisition.

file://FSPIH_NT/regs$/Working/far_doc/FAR12.DOC%23s126 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1362_186137 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1423_197968 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1438_199991 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1718_239296 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1910_277741

MCC-13-RFP-0082: Environmental, Social and Health Services (ESHS) 2

(xii) The contracting officer has determined that additional specific terms and conditions (MCC Clauses) are necessary to implement the most current provisions. However, the terms and conditions are consistent with customary commercial practices.

(End of Section A)

Remainder of Page Intentionally Left Blank

MCC-13-RFP-0082: Environmental, Social and Health Services (ESHS) 3

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SERVICES TO BE PROVIDED

The Millennium Challenge Corporation (MCC) is soliciting to award multiple indefinite delivery/indefinite quantity (IDIQ) contracts in support of the MCC Environmental and Social Performance Division (ESP) within the Department of Compact Operations (DCO). The selected Contractors shall provide Environmental, Social, Health, and Safety (ESHS) Services as ordered by individual Task Orders within the scope of the Contract

ID/IQ Contract in Support of Compact Development and Implementation.

MCC seeks expertise and assistance from companies in the following areas:

1. Environmental and social management

2. Social assessment and management

3. Resettlement

MCC recognizes that some specialized firms may provide excellent services in a subset of these areas. For that reason, firms are invited to propose services in one, two, or all three of the functional areas listed above. MCC assumes that project management in support of these technical areas is a core function that all firms can assume.

Contract Period (3 Years)

*CLIN 0001: Environment and Social Management: Time and Materials

SubCLIN: 0001a: Direct Labor

SubCLIN: 0001b: Other Direct Costs

*CLIN 0002: Environment and Social Management: Firm Fixed Price

*Awarded task order will include CLIN 0001 for T&M orders / CLIN 0002 for FFP orders.

B.2 PRICING ARRANGEMENT/CONTRACT TYPE

This is a multiple award IDIQ contract in which either Time and Materials, Firm Fixed Priced, or Combination

(with firm fixed price portions and with time and materials portions) Task Orders will be awarded. Task Orders shall be issued utilizing the provisions of the Federal Acquisition Regulation (FAR) Part 16 Fair Opportunity and all other relevant provisions and clauses.

B.3 FUNDING

Funding will be obligated in Individual Task Order(s) for the services to be provided. The Government is not obligated to reimburse and the Contractor shall not incur any costs in excess of the total amount allotted by the

Government to the Task Order. The Contractor assumes the risk for any increased costs beyond what the

Government obligates. Funding from one task order shall not be used to expense work on another task order unless a modification to both task orders has been issued, in writing, by a warranted Contracting Officer.

Increases in ceiling or funding amounts shall only be accomplished through direction and/or execution of modifications against the Task Orders.

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B.4 INDEFINITE DELIVERY/INDEFINITE QUANTITY

Minimum Obligation: The minimum obligation is established at $2,500.00 for the Contract Period.

Maximum: The maximum obligation is established at $15,000,000.00 for the Contract Period.

B.5 SCHEDULE

Unless expressly identified otherwise in a Task Order, the Contractor shall furnish all personnel, facilities, equipment, supplies, transportation, and other services required to provide Project consulting services to the

MCC in accordance with Section C, Statement of Work, and the terms and conditions contained herein. The required services are to be provided at the fixed rates set forth in Section J, Attachment 2. The labor categories, fully burdened hourly billing rates (inclusive of direct labor, fringe benefits, applicable indirect costs and profit) and ODC burden rate(s), applicable under the contract should be provided by each offeror in Section J, Attachment 2.

(See Section J – Attachment 2)

The specific level of effort required will be identified on individual task orders placed under this contract.

B.6 LABOR CATEGORIES

The table below summarizes the generic educational and experience requirements for senior, mid-career, and junior technical staff - applicable to each labor category in Section J – Attachment 2 - Tables 2a, 2b, and 2c.

MCC may from time to time request other areas of technical expertise germane to compact development and implementation depending on specific requirements.

TABLE 1: GENERAL QUALIFICATIONS - SENIORITY

General Qualifications

Senior 20+ years professional experience relevant to the labor category

Professional Designation as appropriate.

Mid-Career 1 12- 20 years relevant professional experience.

Professional Designation as appropriate.

Mid-Career 2 5-12 years relevant professional experience

Professional Designation as appropriate.

Junior Zero to five (5) years relevant professional experience.

The specific requirements for technical staff will be described in individual task orders. In general, the following qualities are often useful:

Relevant experience applying good international industry practice to projects (e.g. the International Finance

Corporation’s Performance Standards);

Relevant experience in the sectors in which MCC invests (see Section C.2);

Excellent English skills;

Experience working in developing countries; and

Language skills relevant to the country of a given assignment. Examples include French, Spanish and

Portuguese.

Important note: Firms responding to this Request for Proposals may relate to one, two, or all three of the following functional areas: (1) environmental assessment and management; (2) social assessment and

MCC-13-RFP-0082: Environmental, Social and Health Services (ESHS) 5 management; and (3) resettlement. A fourth area listed below (project management in support of these technical functions) is a core function that MCC expects all firms to assume.

Labor Categories for: Environment and Social Management

1. Environmental Assessment and Management. Specialists in:

a. Environmental impact assessment;

b. Environmental management systems;

c. Civil / environmental engineering;

d. Environmental remediation / restoration;

e. Biodiversity conservation / natural resource management;

f. Pest management;

g. Water resources management

(including watershed management, hydrology, wastewater treatment, water supply);

h. Agriculture;

i. Air quality;

j. Pollution prevention / resource efficiency;

k. Solid waste management;

l. Hazardous waste management (e.g. contaminated soils, asbestos);

m. Health & Safety (both occupational, health and safety and safety of communities interacting with projects);

n. Geographic Information Systems;

o. Institutional development and

p. Regulatory, policy, or legal systems.

2. Social Assessment and Management. Specialists in:

a. Social impact assessment;

b. Gender;

c. Cultural heritage;

d. Public health (e.g. HIV);

e. Indigenous peoples;

f. Labor and working conditions;

g. Geographic Information System; and

h. Institutional development.

3. Resettlement. Specialists in:

a. Resettlement;

b. Social science / social impact assessment / participation;

c. Gender;

d. Cultural heritage;

e. Geospatial Information Systems;

f. Data Contract Management;

g. Communications;

h. Legal issues (resettlement);

i. Censuses taking/enumeration, asset inventory and socio-economic surveys; and

j. Asset valuation.

4. Project support (cross cutting)

a. Project manager;

b. Administrative assistant; and

c. Documentation expert (for production of professional products in Microsoft Office products).

MCC-13-RFP-0082: Environmental, Social and Health Services (ESHS) 6

B.7 ADDITIONAL LABOR CATEGORIES

In the performance of this contract, it may become desirable to add new labor categories to Section B. In such cases, the Government may identify additional labor categories and the Contractor shall, in good faith, negotiate the hourly rates for the categories with the Contracting Officer. Upon completion of such negotiation, the

Contracting Officer will modify the contract to add the new categories.

(End of Section B)

MCC-13-RFP-0082: Environmental, Social and Health Services (ESHS) 7

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.O 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 global 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 and other donors.

MCC is managed by a Chief Executive Officer and a public-private Board of Directors comprised of 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. To date, MCC has approved over $9.8 billion in

Compact and Threshold programs worldwide that support country-determined sectors such as: agriculture and irrigation, transportation (roads, bridges, and ports), water supply and sanitation, access to health, finance and enterprise development, land rights and access, and access to education.

For a country to be selected as eligible for an MCC assistance program, it 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 20 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 country eligibility, MCC’s Board selects MCA eligible countries that are above the median 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 take into account 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 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.

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C.1 BACKGROUND

C.1.1 Compact Development Process

The process for Compact Development adopted by MCC, in general terms, is outlined below.

Project Definition

Based on a constraints analysis and initial public consultations, the MCC Washington based transaction team analyzes more thoroughly specific problems and opportunities to identify possible projects for MCC funding.

Once the country selects its initial pool of potential projects for MCC investment, it prepares and submits a

Concept Paper for each, describing the (i) project rationale, activities, and costs, (ii) sector context and regulatory environment, (iii) existing preparatory work, (iv) expected benefits and beneficiaries, (v) environmental and social risks, (vi) mechanisms in place or contemplated to ensure sustainability, and (vii) proposed implementation arrangements.

Upon receipt of Concept Papers, the transaction team undertakes the following steps: (i) initial assessment and draft Concept Assessment Memorandum, (ii) formal internal peer review, (iii) informal external peer review, and (iv) preparation of the final Concept Assessment Memorandum (CAM), which is cleared by department management, and transmitted, to government of the compact eligible country.

C.1.2 Initial Concept Paper Assessment: This step is conducted primarily by the MCC transaction team, and concludes with a recommendation to proceed to full project development, postpone a decision pending receipt of further information from the country or further investigation by the transaction team, or reject the project concept outright. The assessment should focus on all types of project risk, including: rationale, expected impact, sustainability, safeguards, implementation risk, and level of preparation.

In conducting this initial assessment, it is expected that MCC transaction teams already will be familiar with concept projects from their earlier upstream engagement with the core team. Team findings are summarized for each project in tabular or memo format for circulation to the peer review panel. These findings, together with additional recommendations and issues provided through peer review, for the basis of the CAM, discussed in sections below.

C.1.3 Internal Peer Review: The purpose of the internal peer review is to confirm the transaction teams’ initial concept assessment and specifically to ensure that lessons and best practices from Compact implementation are considered both in the selection of projects, and the strategy for further development. The internal peer review should be particularly useful in identifying implementation risks, and developing a detailed checklist of outstanding issues that need further clarification by the country core team, and studies required for project development.

C.1.4 External Peer Review: MCC believes collaboration with existing donor agencies is a crucial resource for addressing the concept assessment questions outlined above. Specific project concepts provide an opportunity to explore further past or ongoing experience in sectors of interest, particularly around issues of sustainability, implementation capacity, and timeline risk.

Recommendation: On the basis of the work described above, the MCC transaction team prepares for departmental approval a final communication from MCC to the government. This communication, addressed to a senior government official charged with overseeing the relationship with MCC, will outline MCC’s decisions and next steps, and include as an attachment the final CAM.

Project Development and Appraisal

C.1.5 Project Development: The project development phase will entail completion of requisite project preparatory studies, including inter alia feasibility and preliminary design studies, environmental and social assessments, and economic and beneficiary analyses. It may not be possible to complete all of the planned

MCC-13-RFP-0082: Environmental, Social and Health Services (ESHS) 9 studies for all projects prior to submission of the overall program for Board approval and Compact signing.

(See Compact Implementation Process below.) The objective is to minimize investment risk by attaining as much certainty as possible about the scope, activities, costs, mitigation measures and implementation arrangements prior to commitment of funds, and to minimize the time needed to enter into force.

C.1.6 609(g) Funding: When countries require financial assistance to undertake these additional studies, MCC can provide limited financial support using “609(g) funds.” Typically it will be faster for MCC to contract the necessary work under the FAR, than to conclude a 609(g) agreement with a recipient country that then must procure services under MCC Program Procurement Guidelines.

When MCC contracts these studies directly, it is important to agree, through a memorandum of understanding

(MOU) with the country, on the roles and responsibilities of each party. The objective of the MOU is to ensure that:

Our counterparts are fully involved in, and own, the further development of their projects by assigning experts to work with all key contractors;

Arrangements for joint management and supervision of studies have been agreed with the country to promote country ownership of results, while retaining MCC’s rights as contract manager;

609(g) financed consultants receive the support they need from the country core team and all relevant government agencies to maximize their productivity and the quality of their work. Support includes counterpart experts, logistics (meeting arrangements, when needed), office space, data, and access to project sites and stakeholders; and

MCC and the country core team consider and assess the contractors’ work product together.

C.1.7 Appraisal: Based on the draft or final reports of project development studies, the transaction team assesses the viability of the proposed projects, with assistance from the internal peer review panel. The transaction team may choose to verify independently the quality of technical assessments financed and managed by the country, using MCC contractors. At this stage MCC and the country core team may need to agree to adjustments in project scope and approach, or make design modifications, to enhance impact, quality, implementability, and/or reduce costs. Where detailed assessments identify fatal flaws that cannot be mitigated through such modifications, the transaction team will recommend to department management to remove the proposed project from further consideration.

Investment Committee, Compact Negotiation and Signing

On the basis of study findings to date, technical negotiations and agreed implementation arrangements, the transaction team will prepare an Investment Memo (IM). During this phase, MCC and the country conduct negotiations on the legal documents that codify the technical content and administrative and implementation arrangements of the Compact. An Investment Memorandum is submitted to MCC’s IC for approval and, if approved, the text of the Compact legal document will be negotiated. Thereafter, the Compact is submitted to the MCC Board of Directors for approval and MCC and the country sign the approved Compact.

C.1.8 Compact Implementation Process

The Department of Compact Operations is responsible for the oversight of the successful implementation of the

Compact within the five year MCC timeline.

As noted previously, it may not be possible to complete all of the studies required for successful construction of infrastructure during the Compact Development period. If such studies are not complete the Department of

Compact Operations is responsible for ensuring that all studies necessary for the successful and safe implementation of the program are complete before MCC disburses funds. If the studies discover higher risks, MCC-13-RFP-0082: Environmental, Social and Health Services (ESHS) 10 costs, environmental health and safety issues than were previously anticipated projects may need to be re-designed or scoped to meet MCC standards and time frames.

C.2 CONTEXT

MCC’s core mission is poverty reduction through economic growth. The purpose of the services provided under this contract is to assist MCC, working with partner countries, to integrate internationally accepted principles of environmental sustainability and social equity into the design and implementation of MCC-funded projects.

MCC’s partner countries have primary responsibility for assessing and managing the environmental and social implications of MCC-funded projects, but MCC provides appropriate guidance, tools, and assistance and, where necessary, help to strengthen institutional capacity and policies to ensure this responsibility is carried out effectively and in accordance with MCC requirements. MCC is committed to working with partner countries to improve the environmental and social performance of their compacts by incorporating economically viable, cost effective measures into compacts that, among other things, promote energy efficiency, improve water resource management, support less carbon intensive land use practices, and ensure public health and safety, where these measures directly support or complement the underlying poverty reduction objectives of MCC-funded projects.

MCC has adopted the International Finance Corporation’s Performance Standards on Environmental and Social

Sustainability (IFC Performance Standards) as part of its approach to risk management and putting the MCC

Environmental Guidelines into practice. The MCC Environmental Guidelines outline a process for how MCC addresses environmental and social risk. The IFC Performance Standards complement MCC’s Environmental

Guidelines and provide additional specificity and clarity on MCC’s expectations for the environmental and social performance of Compact-funded activities. The Performance Standards are directed at MCAs and articulate environmental and social requirements for identifying and managing environmental and social risks and impacts at the project level and provide the performance benchmark MCC seeks.

C.3 SCOPE OF WORK

The vast majority of countries eligible for MCC funding have requested assistance in addressing local environmental, social, health and safety (ESHS) aspects of projects. As such, MCC requires ESHS services to support the identification, assessment, design, implementation, and evaluation of MCC-supported projects.

Services may therefore support any or all of compact development, implementation, and/or closure. Thus, they may range from a one-time request for 2 weeks of technical assistance with minimal staff to a full team of multiple experts for compact due diligence and a multi-year implementation oversight contract.

MCC investments are driven by the needs, opportunities, and objectives of partner countries. Given this demand driven approach, it is not possible to pre-determine the nature of future MCC compacts nor the exact mix of technical services that will be required to support them. With this limitation in mind, the section below provides an illustrative (but not exhaustive) list of potential MCC investments. Section C.4 then briefly summarizes how the technical services to be provided under this IDIQ would support the development and implementation of these investments.

C.3.1 Potential MCC investments include the following:

1. Transport, including the construction or rehabilitation of :

a. Urban and rural roads;

b. Seaports;

MCC-13-RFP-0082: Environmental, Social and Health Services (ESHS) 11

c. Airports; and

d. Railroads.

2. Electrical power, including:

a. Electrical generation (thermal or renewable source such as solar, small hydro);

b. Transmission (overhead and submarine lines);

c. Distribution; and

d. Rural electrification.

3. Other power:

a. Biofuels and associated infrastructure.

4. Water Resource Management and Sanitation:

a. Water supply and sanitation systems (urban and rural);

b. Wastewater treatment facilities;

c. Solid waste management, including sanitary landfills;

d. Drainage

e. Small Dams; and

f. Management of watersheds, wetlands, and coastal areas.

5. Industrial Site Development. Industrial parks, agricultural processing facilities and zones.

6 Institutional Facilities including vertical structures such as:

a. Schools;

b. Hospitals;

c. Health Centers;

d. Housing;

e. Animal Care Facilities;

f. Offices;

g. Visitor Centers; and

h. Courts, etc.

7. Agriculture and Irrigation Systems including:

a. Canals;

b. Pumping Stations;

c. Reservoirs; and

d. Drainage Systems.

8. Natural resources management:

a. Land Use Planning;

b. Sustainable Tourism Development; and

c. Protected Area Management.

C.4 SERVICES RELATIVE TO THE COMPACT CYCLE

As mentioned above, environmental, social, health, safety, and resettlement services will be required for any or all stages in the development and implementation of compacts. A critical element for success at all stages is successful integration with the work of teams within MCC and its country partners, including those responsible for designing and implementing the infrastructure elements of MCC compacts.

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C.4.1. Compact Development – Due Diligence

During compact development MCC requires input in three broad ways: (1) technical guidance to MCC’s; (2) technical review of work completed by third parties; and (3) analyses carried out by the consultant. Each is briefly described below.

C.4.1.1 Technical guidance to MCC Consultants may be asked to provide technical guidance in their area of expertise. This can take a wide variety of forms. For example, scoping is one of the most important stages in the development of any project. MCC seeks support to ensure that relevant environmental, social, health, safety, and resettlement risks and opportunities are fully considered throughout the compact development process.

C.4.1.2 Technical review of work completed by third parties

MCC regularly requires technical specialists to review non-MCC executed studies in terms of their quality, adequacy and accuracy. Consultants may be asked to provide recommendations regarding cost estimates

(for the purposes of approving investment projects by MCC) and acceptability (go/no-go decisions in view of applicable standards). The technical review of MCC partner country-led environmental and social studies could include, but is not limited, to:

Environmental and Social Assessments. Assessments typically include: screening, scoping, consultation, baseline conditions, analysis of impacts, analysis of cumulative effects, environmental and social mitigation plans, and related technical specifications for proposal documents. In some instances specialized HIV/AIDS plans and pest management plans will be prepared. Documents and processes should be consistent with the IFC Performance Standards; MCC Environmental Guidelines; and laws, regulations, and procedures of the host country;

Strategic Environmental Assessments, environmental and social management frameworks, or other framework environmental assessments;

Social and Gender Impact Analysis: Assessments typically include: gender integration plans and social/gender impact assessments, documents and processes needed to follow MCC Gender Policy and laws and procedures of the host country;

Environmental and Social Management Plans;

Resettlement Action Plans Resettlement Action Plan and Resettlement Policy Frameworks: resettlement surveys, analysis and plans in accordance with IFC Performance Standard 5; and

Institutional Capacity and Risk Analysis: Institutional arrangements and capacity that would be mobilized to develop and implement the project, with particular emphasis on project management, supervision, construction contract management, and safeguards management. An analysis of past performance on implementation and identification of risks that have contributed to cost overrun, completion delays, process delays, quality failure or inadequacy, and excessive design changes during construction.

C.4.1.3 Design and execution of environmental, social, health, safety, and resettlement analyses.

Given MCC’s country-led approach, environmental and social analyses are typically carried out by MCC country partners. Occasionally, there may be cases where MCC consultants are required to design and execute studies on behalf of MCC’s country partners, but under the primary direction of MCC staff.

Consultants may be asked to design and execute studies including, but not limited, to:

Environmental and Social Assessments, including Strategic Environmental Assessments and Rapid

Biodiversity Assessments;

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Environmental and Social Management Plans, environmental and social impact management frameworks;

Occupational Health and Safety Risk Assessments;

Hazardous Waste Risk Assessments and Management Plans;

Social and Gender Impact Analysis;

Resettlement Policy Frameworks and Resettlement Action Plans; and

Institutional Capacity and Risk Analysis.

C.4.2 Oversight of Compact Implementation

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 satisfaction of conditions precedent to disbursement (CPs) and project progress. Thus, MCC acts in an oversight and advisory capacity to host country entities charged with implementing Compacts (typically referred to as Millennium Challenge

Accounts or “MCA” units) which administer and manage the Compacts through a variety of subcontracts and implementing entity agreements.

Once the Compact has been signed between the eligible country and MCC and projects have become operational, the Consultant may assist MCC in conducting oversight of specific aspects of project implementation and performance. The Consultant may assist in monitoring engineering, environmental, social, health, safety, and resettlement aspects of project implementation to ensure completion of projects in accordance with the objectives, specifications, and CPs of the Compact. The Consultant may be asked by

MCC to act on behalf of, and represent the sole interest of, MCC in 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 Consultant may be asked to assist MCC in identifying potential unforeseen impacts of implementation and provide recommendations for resolution. Such reviews will take place in country or remotely and could address, among other things, the following:

Project designs, cost estimates, scopes of work, tender documents, and draft contracts;

MCA-contractor deliverables such as Environmental and Social Impact Assessments;

Resettlement Action Plans, Site-specific Environmental and Social Management Plans, progress reports;

and other project progress, performance and implementation reports;

Estimates of completion costs and timing;

MCA procurement plans, procurement reports, project work plans, and disbursement requests;

Satisfaction of relevant conditions precedent and conditions for disbursement; and

MCA and their contractors’ compliance with MCC Environmental Guidelines, IFC Performance

Standards, project-specific environmental and social management plans, and other environmental and social performance requirements.

Additional information on MCC and the Compact Development and Implementation Cycle is available at www.mcc.gov.

(End of Section C) http://www.mcc.gov/

MCC-13-RFP-0082: Environmental, Social and Health Services (ESHS) 14

SECTION D - PACKAGING AND MARKING

D.1 PRESERVATION, PACKING, AND MARKING

Preservation, packaging, and packing for all items delivered hereunder shall be in accordance with commercial practice and adequate to insure acceptance by common carrier and safe arrival at destination. The Contractor shall place the contract number on or adjacent to the exterior shipping label. In addition, each package, report, or other deliverable shall be accompanied by a letter or other document that identifies the deliverable item number or reporting requirement that requires the delivered item(s) and indicates whether the contractor considers the delivered item(s) to be partial or full satisfaction of the requirement.

(End of Section D)

SECTION E – INSPECTION AND ACCEPTANCE

E. INSPECTION AND ACCEPTANCE

Terms of Inspection and Acceptance are contained in 52.212-4.

(End of Section E)

MCC-13-RFP-0082: Environmental, Social and Health Services (ESHS) 15

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE

The place of performance will vary and will include the contractors’ Home Office, Contractor’s Headquarters, the MCC Offices located in Washington, DC and any MCC eligible or threshold country. Extensive international travel will be required during the performance of this ID/IQ contract. The specific place of performance will be identified in the Task Order.

F.2 DELIVERABLES

All reports and deliverables shall be submitted in electronic format and in hardcopy as necessary and/or required in specific task orders. Deliverables will be considered “draft” upon initial receipt. Unless otherwise stated in task order, drafts will be reviewed and accepted or concerns raised/comments provided within two weeks of receipt. The contractor shall appropriately address the MCC’s concerns and provide final deliverables within one week of receiving the MCC response unless otherwise stated in the task order.

F.3 REPORTING REQUIREMENTS

Reporting requirements for each task order will be specified in the task order. All reports will be provided to the COR, with a copy of the cover page only to the Contracting Officer.

The following provides illustrative examples of the types of reports that may be required:

Task Order Progress Reports. Progress reports will provide a summary of the activities accomplished, deliverables submitted and approved or disapproved, problems and resolutions encountered during the month.

It will also provide a summary of the activities anticipated during the upcoming reporting period. The report will highlight any circumstances that may lead to delays under the task order delivery schedule and the impact of such delay(s) to the remaining performance period. In addition, the report shall provide an overview of the actual expenditures to be billed, project of anticipated expenditures for the remaining task order period, and the funding remaining under the task order.

Task Order Reports. Reporting requirements for each task order (e.g., inception report, interim reports, etc.)

will be specified in the task order.

Yearly Report on Task Orders Awarded. This report will be used to track overall work by the contractor and manage level of effort and ceiling.

Task Order Final Report. The final report will provide a summary of the activities accomplished, deliverables submitted and approved or disapproved, problems and resolutions encountered during the task order’s performance period. It will also provide an overview of the actual expenditures billed, payments received, outstanding balance, final invoice amount, and any funding remaining under the task order.

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F.4 KICK OFF MEETINGS

F.4.1 - Contract Kick Off Meeting. The CO will hold a contract kick-off meeting with the selected offerors.

Attendance to this meeting by the contractor(s) is NOT mandatory; however, strongly recommended. The purpose of the meeting will be to:

Have MCC program and acquisition staff meet the Contractor and Contractors’ overall management staff to define and clarify roles;

Discuss the task order competition process;

Discuss the general contract administrative process;

Discuss the general task order administrative, invoicing, and reporting process; and

Answer any questions.

F.4.2 - Task Order Kick Off Meeting. At the discretion of the CO, and as identified in the task order, the contractor and key personnel (as identified in the task order) may be required to attend a task order kickoff meeting. The kick off meeting will generally be held within 5 business days after task order award and the contractor’s attendance is MANDATORY. The location of the kick off meeting will be at MCC discretion.

Generally, the purpose of the kickoff meeting will be to:

Have MCC task order program and acquisition staff meet the Contractor and Contractor’s task order management staff, key personnel/subcontractors to define and clarify roles;

Overview the requirements of the task order and finalize the task order delivery calendar Contract on the order’s delivery schedule and critical milestones;

Discuss SOW, task order objectives, and supplemental background and technical project information, as necessary;

Review the contractor’s project plan submitted under the task order proposal;

Define and clarify roles related to the task order; and

Answer any questions.

(End of Section F)

SECTION G- RESERVED

(End of Section G)

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

H.2 TASK ORDERS

MCC will issue specific task orders for each requested service. The task order will describe the assignment, define the specific services requested, specify deliverables, location and period of performance and provide budget parameters. The contractors shall not perform any work without MCC requesting such work through a task order. MCC must concur with the final timing, technical approach, team composition and budget before the contractor is authorized to implement services. MCC could provide supporting documents or other background information as appropriate.

When more than one contractor responds to a particular task order, MCC will make a selection based on the technical qualifications (expertise and experience) and cost, as judged by MCC. Selection criteria will be defined in each task order.

General parameters for task orders include:

a. The maximum value of an individual task order shall not exceed $5 Million. There is no expectation of average size of any task order issued by MCC;

b. Task Orders may only be issued by a Contracting Officer. Each task order will carry a specific task order number which will be cited on each invoice placed against this IDIQ;

c. The labor categories included under Section B.5 – Schedule will be used in executed task orders. When, additional labor categories are required for a task order, the contractors must propose fully loaded hourly rates and submit a labor description including the minimum years of experience and educational requirements. The rate may be negotiated for incorporation into the IDIQ contract or may be incorporated for the task order;

d. The Contactor should note that the fixed labor rates in the task order award can be no higher than the negotiated rates. There shall be no consideration given to escalation rates during this contract’s Period of

Performance.

e. Contractors may propose discounts to the labor rates or the ODC burden rate, as specified in Section B.

The task order proposal must separately show the contract rate, the discount percentage, and the discounted rate. In the event of task order award, the hourly rates will be fixed and applicable through the entire task order performance period.

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H.3 FAIR OPPORTUNITY TO COMPETE FOR TASK ORDER AWARD

H.3.1 Fair Opportunity – General

Each IDIQ contract holder shall be afforded a fair opportunity to be considered for each task order (also referred to as “order”) exceeding $3,000 unless one of the exceptions described in paragraph entitled “Fair Opportunity

Exceptions” applies. The requirement to provide Fair Opportunity may be met by review of contractor capabilities or evaluation of response to any request for task order proposal.

H.3.2 Fair Opportunity Exceptions

Each IDIQ contract holder will be given a fair opportunity to be considered for task orders exceeding $3,000, unless the CO determines that one of the following statutory exceptions applies:

(i) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(ii) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(iii) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(iv) It is necessary to place an order to satisfy a minimum guarantee.

H.3.3 Request for Task Order Proposal

The evaluation may be based on one or more technical factors such as defined in the request for task order proposal. To obtain services or other deliverables that are within the scope of this IDIQ, the Contracting Officer may issue orders using any of the pricing types specified in the IDIQ.

MCC will compete individual task orders for work within the scope of the basic IDIQ contract among the qualified IDIQ contract holders. Task Order competitions will be conducted in accordance with H.3.Fair

Opportunity To Compete for Task Order Award.

No separate payment will be made to the contractor for the cost to prepare, submit and/or negotiate a task order proposal.

Individual task orders will clearly describe all services to be performed or supplies to be delivered so the full cost or price for the performance of the work can be established when the order is placed. Orders will be within the scope described herein, issued within the period of performance and be within the maximum ceiling of the contract. Only a Contracting Officer (CO) may modify the basic contract to change the scope, period or maximum ceiling.

H.4 OMBUDSMAN

If a Contractor believes its organization has not been fairly considered for a particular task order, it may present the matter to the Contracting Officer. If the Contractor disagrees with the Contracting Officer’s explanation or decision, they may request a review of the Contracting Officer’s decision from the MCC’s task-order

Ombudsman. The Ombudsman is responsible for reviewing complaints from contractors, collecting facts from the Contracting Officer relevant to the complaint, and ensuring that all contractors are afforded a fair opportunity to be considered under multiple award contracts. The Ombudsman does not have the authority to overturn award decisions or adjudicate formal contract disputes.

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The Ombudsman may be reached at the following address:

Millennium Challenge Corporation

Attn: Vice President for Administration and Finance

875 15th Street, NW

Washington, DC 20005

H.5 ALTERNATE DISPUTE RESOLUTION

Alternate Dispute Resolution (ADR) procedures increase the opportunity for relatively inexpensive and expeditious resolution of issues in controversy. These procedures may be used at any time that the Contracting

Officer has authority to resolve the issue in controversy. If the Contractor submits a claim, ADR procedures may be applied to all or part of the claim. The Contractor must certify its claim in accordance with FAR

33.207. When ADR procedures are used after the issuance of a Contracting Officer's final decision, the time limitations or procedural requirements for filing an appeal of the Contracting Officer's final decision are not altered.

H.6 MCC NON-PERSONAL SERVICES

a. The Government and the Contractor understand and agree that the services delivered by the Contractor to the

Government are non-personal services. The parties also recognize and agree that no employer-employee exists or will exist between the Government and the Contractor. The Contractor and the Contractor's employees are not employees of the Federal Government and are not eligible for entitlement and benefits given federal employees.

b. Contractor personnel under this contract shall not:

(1) Be placed in a position where there is an appearance that they are employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer.

(2) Be placed in a position of command, supervision, administration or control over Government personnel.

(End of provision)

H.7 MCC ALL ITEMS TO BECOME PROPERTY OF THE GOVERNMENT

Title to all sources of data, documents, software, and materials paid for and/or delivered, and all other items pertaining to the work and services to be performed under task orders pursuant to this contract, including any copyright shall become the property of the Government and remain with the government upon completion. The government shall have the full unlimited rights to use each of these for its purposes without compensation or approval on the part of the contractor. The government shall have access to and the right to reproduce of the above mentioned items. Any proprietary and/or limited/restrictive rights data provided as an end product or component of an end item delivered under this contract shall be properly indicated as such in contract and task order proposals, in accordance with FAR 52.227-15, and shall be so marked upon delivery to the Government.

Data, documents, and software delivered without marking shall be considered as delivered with unlimited data rights. The Contractor shall not mark data, documents, and software with limited/restrictive data rights unless it was developed at private expense.

H.8 MCC NON-DISCLOSURE OF INFORMATION (Mandatory Subcontractor Flow down)

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(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract/Task Order, unless—

(1) The Contracting Officer has given prior written approval; or

(2) The information is otherwise in the public domain before the date of release.

(b) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 45 days before the proposed date for release.

(c) Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract/Task Order and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract/Task Order. In the performance of this contract/Task Order, the Contractor assumes responsibility for protection of the confidentiality of

Government data and shall ensure that all work performed by its subcontractors shall be under the direction of the Contractor or the Contractor’s responsible employees. Each officer or employee of the Contractor and any of its subcontractors to whom any Government data may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for that purpose and to the extent authorized herein. Further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18

U.S.C. 641. That section…