SOW_ESP_MBO_Consultant_Services__-_Niger.docx

CONSULTANT SERVICES

ENVIRONMENTAL AND SOCIAL PERFORMANCE - NIGER

MCC-15-RFQ-0123

A. Introduction

The Millennium Challenge Corporation (MCC) is a U.S. Government corporation with a mission to provide assistance supporting economic growth and poverty reduction in carefully selected countries that demonstrate a commitment to just and democratic governance, economic freedom, and investments in their citizenry. Key MCC operating principles relating to the award of grants include emphasis on economic impact, country-led solutions and implementation, and focus on results. For more information on the MCC, please visit www.mcc.gov.

MCC has a requirement for an environmental and social performance consultant to advise the MCC Niger country team on a range of environmental and social issues. The Consultant will primarily be working with the Niger MCC Contract Officer’s Representative (COR)/Project Manager (PM) and Resident Country Mission (RCM), with the support of technical leads including infrastructure, economic, M&E, gender, and agriculture specialists.

B. Scope

The Consultant shall advise MCC Environmental and Social Performance (ESP) staff and other members of the country teams on key environmental and social risks, management, mitigation, and planning. The consultant shall provide a range of technical advisory services related to environmental management such as health and safety; resettlement action planning, implementation and follow up; environment management; hazardous materials handling and disposal; water and air quality; and biodiversity conservation. ESP risk identification and mitigation will be applied across a range of project activities, including large-scale irrigation and integrated water resource management (IWRM) in the context of the Niger Compact. The consultant shall draw from and apply international best practice and knowledge of MCC policy and procedures to the various phases of the MCC Compact life cycle. The Consultant will provide services to the MCC on an as needed basis.

C. Country

Niger

D. Tasks

The consultant’s assignments shall include (but are not limited to) the following:

· Conduct environmental and social screening of Compact works for environmental, social, health, and safety risks;

· Assist the MCC in determining requirements and scope for Environmental and Social Impact Assessments (ESIAs); other environmental analyses; Resettlement Action Plans (RAPs), gender analysis and/or Environmental and Social Management Plans (ESMPs) in accordance with MCC Environmental Guidelines, IFC performance Standards and international best practices;

· In collaboration with MCC and the MCA-Niger ESP team, assess the adequacy of strategic and activity planning, human resources, budgeting and current workload and resources requirements related to implementation and resettlement planning and management activities;

· Support MCC in the provision of guidance to MCA Niger ESP team

· Coordinate with the consultants engaged for preparation, implementation, and monitoring of RAPs to ensure consistency in approaches and quality of documentation, and make recommendations to MCC ESP on follow-up actions as required;

· Support preparation of ESP-related terms of reference

· Conduct document reviews

· Participate in meetings, field visits, and general mission activities; prepare concise mission documentation reporting recommendation, key issues and findings;

· Identify opportunities to enhance project designs so they are more environmentally and socially sustainable including developing investment strategies and proposed activities;

· Advise on climate change assessments and modelling in regard to evaluating proposed projects and program interventions

· Assess the consistency and effectiveness of local environmental laws and regulations as compared to MCC Environmental Guidance and international best practices;

· Analyze the completeness and quality of existing ESP-related analysis against MCC Environmental Guidelines, IFC performance standards and international best practices, and identify potential alternatives and viable mitigation measures;

· Assess implementation strategies to include project timeliness and phasing, capacity, policies, and effectiveness;

· Assist in the review of draft tender documents, contracts, and modifications for consistency with MCC Environmental Guidelines, IFC Performance Standards, and international best practices;

· Follow up, as needed, on issues raised during the previous mission and identify next steps, reviews and prepare Action Matrix as required;

· Advise on and assess the extent and quality of consultation with environmental and social stakeholders;

· Undertake any other tasks that may be assigned by the MCC-ESP Director

Technical Directive:

To support MCC in the flexible and timely manner needed to meet the evolving needs of Compact development and negotiation, 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 in additional countries.

E. Deliverables

Acceptance Criteria

The deliverables will be evaluated according to the following criteria:

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

· Quality and clarity of analyses and work produced.

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

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

F. Period and Place of Performance

This consultancy may be filled as a short- or long-term consultancy with a period of twelve months. The Base Period may be extended for up to an additional six months, if needed. The estimated number of hours are 650 unless amended.

The consultant will perform work under this Call Order from their home office and/or MCC headquarters or in Niger, and any other MCC eligible countries, as required to complete tasks.

G. Conflict of Interest

The consultant would be precluded from bidding on work and services (design, assessment, construction and supervision) to be procured by the local MCA accountable entity or using funds advanced under a Compact in the relevant country, unless the consultant submits a mitigation plan sufficient to ameliorate any conflict of interest pursuant to the rules applicable to the procurement process.

H. Subcontracting

The consultant is authorized to subcontract data collection, data preparation, social and gender analysis, and related services as needed. The overall costs for subcontracting shall not exceed 25% of the consultant’s total negotiated unloaded direct labor cost.

I. Other requirements

International travel to Niger is a requirement of this position and most of the LOE is dedicated to travel (up to 33% of a full time position or 120 days). The Consultant may be requested to mobilize on a short notice and will be expected to deliver high quality finished products in a timely manner based on the instructions of the COR/PM. The Consultant is expected to have the necessary computer hardware and software to provide prompt and cost effective consultant services typical to the profession.

J. Timing and Reporting

All formal communication with MCC, including reports, will be submitted to the COR/PM. The COR/PM for this requirement will be identified via separate correspondence.

The COR/PM will have technical responsibility for monitoring the contractor’s performance. The COR/PM will review and evaluate the contractor’s performance, and also will coordinate any communications with relevant counterparts and other donor agencies and organizations.

Any changes in the terms of the Call Order will be made in writing and approved by the Contracting Officer. No representation of the COR/PM shall serve as a basis for an alteration in the general scope of this Call Order or of the terms and conditions of the Call Order 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.

The designated Consultant would be expected to coordinate with local authorities responsible for MCC Compact implementation as well as other donors, where relevant. However, designated Consultant would report directly to the designated COR/PM.

Annex 1: Country Context and project description Country context:

The Millennium Challenge Corporation (MCC) is a United States government-owned corporation created under Title VI of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2003 and is responsible for the stewardship of the Millennium Challenge Account (MCA). MCC works with developing countries to promote sustainable economic growth to reduce poverty. Eligible countries develop specific investment programs in furtherance of the goal of economic development to be funded by MCC over a five-year period and implemented by the country partner.

The MCC Board of Directors declared the Republic of Niger eligible to develop a compact in December 2012. Compact development is a five-step process that includes: 1. Analysis, 2. Project Definition, 3. Project Development and Appraisal, 4. Compact Negotiation and Signing, and 5. Preparation for Entry into Force.

A joint Government of Niger (GON) - MCC team completed a Constraints Analysis (CA) in January 2014. Based on the growth diagnostics approach the CA identified the following binding constraints to economic growth in Niger:

· Access to Water for Agriculture and Livestock,

· Government Regulation of Business, and

· Regulatory and Institutional Barriers to Trade

In February 2014, the Coordination Unit for the Preparation of the MCC Compact (UC-PMC) submitted Concept Notes for programs addressing the three binding constraints. After reviewing this submission, MCC authorized the UC-PMC to proceed to the next stage of program development, the Concept Paper. Since receiving this authorization, the UC-PMC has developed a program that incorporates two (2) consolidated projects: (i) Access to and Control of Land and Water for Agriculture and Livestock Production; and (ii) Access to Inputs and Markets for Agriculture and Livestock Production.

The development process is now taking place in three stages:

· Stage 1(Currently through June 2015): In this first stage the UC-PMC is intensively reviewing existing information and experience to date, mapping potential intervention areas, assessing alternatives and defining in preliminary terms the content, scope, cost, implementation and management arrangements for a five year compact. The UC-PMC will also rely on the results of several 609(g) funded studies in the project and compact design. This will provide the basis for the integrated Concept Paper describing the overall program which will be submitted for MCC’s review and due diligence. The UC-PMC is in the process of identifying and will carry out preliminary work in a “test” zone, which will demonstrate the concept underlying the proposed program.

· Stage 2 (July 2015 through March 2016): This stage will involve a more detailed program definition and assessment, leading to a Program Proposal, which will be the basis for an Investment Memorandum, as the basis for a compact agreement between MCC and the Government of Niger.

· Stage 3 April – June 2016): MCC will request approval of its Investment Committee, on the basis of the Investment Memorandum, and will subsequently request MCC’s Board’s approval and Congressional approval to enter into a Compact with the Government of Niger (GoN).

Project Description:

Project 1: Access to and Control of Land and Water for Agriculture and Livestock Production

This proposed project would have two interrelated activities, focused on specific geographic areas and aimed at establishing examples for sustainable land and water management practices.

Activity 1.1: Increase sustainable access to water through Integrated Water Resources Management (IWRM)

To date, water resource development activities have focused on extracting resources without fully understanding the sustainability of these efforts. In Niger, where the water resource is scarce and the environment fragile, there is a need to more systematically plan and manage these resources to ensure sustainable development. IWRM is a widely accepted participatory approach to address this need. Its aim is to provide communities with the tools and institutions to understand and manage their surface and sub-surface water resources, from the basin level to farms and pastures. Sub-activities will involve watershed and resource mapping to clarify resource potentials and facilitate informed resource management and investment decisions. Interventions will build on the successes of projects that resulted in a “re-greening” of portions of the Sahel; these will include locally planned and implemented techniques and strategies aimed at soil and water conservation to be carried out on scales from individual farms to entire watersheds. Farmers and herders will also benefit from access to relatively new but tested technologies and knowledge – “climate smart agriculture” - that will help to buffer their production systems from drought. Producer-owned small-scale irrigation and livestock water points are being contemplated in areas with sufficient water resources to increase opportunities for dry season production.

This Activity will aim to show how IWRM can be effectively planned and implemented in a targeted number of watersheds, while assisting the country’s national IWRM program to eventually build on and expand this approach. This is viewed as critical if the country is to sustainably develop its water resources for economic growth.

Activity 1.2: Increase access to land and secure long-term land use rights All potential IWRM intervention zones are currently occupied and subject to existing land rights, mostly based on informal, customary property rights management systems. A land tenure security activity will clarify and secure existing land rights in project intervention zones, whether formal or informal, and increase access to land and productive resources of farming and herding households, including of women and other relatively landless groups while mitigating the risk of land conflict in a context of rising productive capacity and value of land and natural resources within the project zones. Successful accomplishment of these objectives will have the added benefit of developing a model that can be replicated elsewhere in Niger to facilitate implementation of the ongoing land tenure reform in Niger.

Project 2: Access to Inputs and Markets

This proposed project would encompass three activities, also focused on specific geographic areas and aimed at establishing sustainable agriculture-based enterprises, including small-scale farming and herding operations.

Activity 2.1: Value Chain Support

In addition to increased access to land and water, producers will require support throughout the value chain to increase production, reduce post-harvest losses, increase market power, and improve organization and coordination. Farmers will need better access to improved seed, fertilizer, crop protection products, and machinery and equipment as well as the know-how to use those inputs effectively. Livestock producers will need improved breeding stock, vaccines and medicines, and improved feed to produce more efficiently. Producers will also need to gain more control over when they send their products to market through access to storage facilities as well as the ability to analyze and use market information to improve market-timing decisions. Finally, strengthening producers’ organizations that operate on sound commercial principles and providing access to effective, targeted training, extension services and research will be important to assure sustainability.

Activity 2.2: Improving the Agribusiness Environment

To better access inputs, increase production, and sell to markets, producers and value chain operators need an improved agribusiness enabling environment. Both farmers and herders will need access to capital, primarily short-term credit to finance these critical inputs. They will need to compete on a level playing field and they will need an efficient and effective process for enforcing contracts. Fair and transparent investment and tax codes are also necessary to encourage investment and reduce risks. These issues, along with others, will be examined through an Agribusiness Commercial, Legal, and Institutional Reform Diagnostic (AgCLIR). In addition to providing important analysis of the various factors limiting the enabling environment for agriculture, this tool will also serve to help narrow the Compact’s focus to those constraints that exert the greatest constraint on growth.

Activity 2.3: Reducing Barriers to Trade Flows

Reducing barriers to trade is a critical to increasing farmer and herder production through access to inputs and increasing incomes through access to markets to sell surplus. Niger has some of the highest costs to import and export in the region. Although this is due in part to being a land-locked country, much of the higher cost to trade is due to the inefficiency of the customs administration and other non-tariff barriers to trade such as protectionist policies in the transport sector, trucking cartels, and illegal checkpoints. These issues will be examined through a Time Release Study carried out by the World Customs Organization (WCO) and a diagnostic of non-tariff barriers to trade in agriculture carried out by the International Food Policy and Research Institution. Finally, in select circumstances, it may be necessary to rehabilitate or construct farm-to-market roads to assure ready access to both input and output markets. This issue will be considered, and potential kilometers of roads identified, through the preparatory work under the Access to and Control of Land and Water Project.

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