Statement_of_Work_ESP_Policy_and_Legal_Specialist_Cape_Verde_Malawi_Moldova.pdf

STATEMENT OF WORK

ENVIRONMENTAL AND SOCIAL PERFORMANCE

MCC‐15‐RFQ‐0171

I. Introduction

The Millennium Challenge Corporation (MCC) is a U.S. Government corporation whose mission is to provide assistance that will support 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. For more information on the MCC, please visit www.mcc.gov.

The legislation that created MCC mandates that no assistance may be provided for any project that is likely to cause a significant environmental, health, or safety hazard. In addition, MCC has developed Environmental Guidelines and a Gender Policy to help ensure the projects it funds are environmentally and socially sound and reflect best practices.

II. Scope

MCC is seeking an environmental policy and legal expert to work as a consultant for the Environmental and Social Performance (ESP) unit. The consultant is required to have extensive expertise working in developing countries on policy and regulatory issues concerning water, energy, natural resource management, biodiversity, pollution prevention and other related environmental and social matters.

The consultant should have demonstrated experience working with international donors, government and non‐government stakeholders on projects aimed at strengthening environmental policies and regulations and improving environmental governance in the context of broader economic development programs.

III. Tasks

The consultant shall perform the following tasks:

Review of Project documents and environmental and social analysis with specific emphasis on both Environmental and legal/policy issues.

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

Assisting MCC in determining requirements and scope for Environmental and Social Impact Assessments (ESIAs); other environmental analyses, including institutional and environmental policy analysis; 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 MCA ESP teams, assess the adequacy of strategic and activity planning, human resources, budgeting and current workload and resource requirements related to implementation and environmental planning and management activities;

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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;

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;

assessing the extent and quality of consultation with environmental and social stakeholders;

Undertake any other tasks that may be assigned by the MCC‐ESP Director.

IV. Deliverables

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.

Deliverable 1: Trip reports to the MCC COR/PM and RCM to succinctly summarize findings and recommendations.

Deliverable 2: Ad hoc reports, the Consultant shall respond (in writing) to requests from MCC

COR/PM on a variety of activities and deliverables related to environmental and social assessment/performance, donor coordination, and other such matters that may be needed for any specific task and that will be communicated by the MCC COR/PM and/or RCM.

V. Period and Place of Performance

This consultancy is to be filled for a period of twelve months. The estimated level of effort is as follows:

Malawi – 205 hours

Moldova – 100 hours

Cabo Verde – 20 hours

The consultant will work from its home office and/or MCC headquarters or in Malawi, Moldova or Cabo Verde.

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VI. 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.

VII. 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.

VIII. 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.