SOW.pdf

STATEMENT OF WORK

Consultant for Land Tenure Legal and Institutional Analysis Services

A. 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 United States of America acting through the Millennium Challenge Corporation (“MCC”) has formed partnerships with some of the world’s poorest countries through large, five-year Grant Programs referred to as Compacts. MCC administers these Compacts through the Millennium Challenge Accounts (MCAs) which are entities that are set up locally to manage and oversee all aspects of the Compact implementation.

MCC has approved over $10 Billion in Poverty Reduction Compacts worldwide that support country-determined projects in such sectors as:

• agriculture and irrigation,

• transportation (roads, bridges, ports),

• water supply and sanitation,

• energy generation, distribution, and transmission

• hospitals and clinics,

• finance and enterprise development,

• anticorruption initiatives,

• land rights and access,

• schools and universities.

A large part of MCC’s portfolio is focused on the infrastructure sector, particularly in transportation (including roads, bridges, and ports) and various building constructions, (commonly referred to as “civil works sector”), using contracts based on the the International Federation of Consulting Engineers (commonly known as FIDIC, an acronym for its French name Fédération Internationale Des Ingénieurs-Conseils) form of contract and MCC standard bidding documents for large and small works and design-build (see www.mcc.gov). Other significant portfolio elements include investments in energy and water sector infrastructure, which typically include civil works and information system procurements, as well as complex design and supervision contracts and related sector reform and technical assistance contracts.

The new Compacts being prepared focus largely on the energy and water/sanitation sectors and are also expected to require substantial construction works.

http://www.mcc.gov/

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. Its overriding objectives are to promote economic growth and a significant reduction in poverty in eligible partner countries.

B. Scope

The purpose of this consultancy is to provide legal, institutional, and operational analysis services to support MCC’s oversight of land-tenure related investments in MCC-eligible countries. These services will include analysis of Portuguese-language laws, regulations, and reform proposals, as well as analysis of other Portuguese-language documents critical to Compact implementation.

C. Assignment/Tasks

The consultant will provide technical advisory services to support MCC’s oversight of Project implementation and results achievement as well as due diligence activities. The consultant’s assignments may include the following:

• Evaluate key local land laws, regulations, reform proposals, documents and other information, identify legal, regulatory, or procedural framework implications for project design, project feasibility, project implementation, or project results;

• Analyze applicable deliverables produced by MCA contractors related to land legal and institutional frameworks and recommended reforms or changes. Suggest revisions to deliverables as appropriate to better assure project results are achieved.

• Assess institutional allocation of responsibilities related to land administration, particularly between national and local institutions,

• Provide specific design recommendations for improvements to proposed approaches to legal, institutional, or procedural change to achieve greater feasibility, consistency with sector best practice, economic benefits, or sustainability

• Provide recommendations and drafting as needed in relation to budget/financial plans, work plans, and/or terms of reference;

• Conduct analyses or special legal and institutional studies related to topics such as land transactions, land markets, inheritance, gender, land information systems, land use and spatial planning.

• Other tasks as assigned by the COR

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.

D. Deliverables

Deliverables may include written reports or communications containing analysis and recommendations and oral presentations and associated written materials. Specific deliverables, their content, and their delivery date will be established each time the consultant is mobilized under the call order to be awarded.

E. Country

Cabo Verde and any other MCC-eligible country.

F. Period and Place of Performance

The Consultant will 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 and implementation, 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.

All work under this contract will be completed five years from date of award. The estimated level of effort required to complete the tasks included in this technical directive is indicated in the following table. MCC anticipates this level of effort but does not guarantee this level of effort as it may increase or decrease.

1st Year 2nd Year 3rd Year 4th Year 5th Year

Estimated Hours 500 500 500 500 500

The consultant will work from his/her home office and/or MCC headquarters and/or any MCC eligible country.

International travel will be required. 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.

G. Qualifications

Please note that fluency in spoken English, written English, spoken Portuguese and written Portuguese is a minimum requirement for this position. Candidates without these language skills will not be considered.

• Demonstrated experience and expertise in land tenure and property rights in developing countries

• Demonstrated experience and expertise in analysis of Portuguese-language land laws, regulations, and administrative procedures

• Demonstrated experience with the design and implementation of complex land administration and land tenure regularization projects

• Demonstrated experience with the provision of technical analysis and recommendations to donor institutions (such as MCC, World Bank, etc)

• Fluency in spoken English, written English, spoken Portuguese and written Portuguese

• Degree in law or other field relevant to land tenure legal and institutional analyses