SOW.doc

Statement of Work

PROCUREMENT EXPERT CONSULTANT SERVICES

A. Introduction/Background

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,

· information Technology implementation

· 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 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.

The Procurement Practice Group, a unit within the Sector Operations Division of MCC’s Department of Compact Operations (DCO), is committed to supporting MCC’s mission by following the highest standards of professional public procurement of goods, services, and works necessary for the effective development and implementation of our Compacts and Threshold Programs. Procurement efforts under the Compacts are conducted by the host country MCA Accountable Entity using the MCC Program Procurement Guidelines (PPG) and standard bidding documents (SBDs) developed by the MCC DCO Sector Operations Procurement Practice Group. The PPG and SBDs are based on the World Bank procurement guidelines and standard bidding documents but with significant modifications. It is worth noting that MCC Compact-funded procurements are not conducted using the Federal Acquisition Regulations (FAR). Threshold Programs are often implemented using policies and procedures based largely on those for Compacts, often utilizing the PPG and SBDs.

Procurements funded under the Compacts are managed by one or more Procurement Agents (PA) serving the MCA entity. The PA, which may be a government entity or a competitively-hired private firm, works closely with the MCA entity to ensure that procurements are conducted in compliance with the PPG. MCC provides oversight on MCA Entity and PA activities.

For more information on the MCC PPG, please visit www.mcc.gov/pages/business/guidelines.

MCC maintains a monitoring role for ensuring that its funds are used effectively and efficiently, which requires MCC’s commitment for taking all reasonable steps to promote best procurement and contract administration practices.

A relatively large number of MCC Compacts are spread into French speaking countries.

B. Scope and Objectives

MCC is seeking an individual with extensive international procurement experience in civil construction works using FIDIC contracts in order to support MCC’s Procurement Practice Group in its capacity building and oversight roles, including the development of procurement guidance and standard bidding documents, especially for civil works, as well as procurement policy and guidance and the assurance of compliance thereto.

C. Assignments/Tasks:

The consultant will report to the Procurement Practice Group Lead/Contract Officer’s Representative (COR) and provide the following advisory services on as needed basis:

· Assist MCC as requested with approaches and strategies for the development of procurement documents that take into consideration latest sector trends, life-cycle costing analysis, value-for-money concepts and practices used in other donor agencies including multilaterals.

· Assist MCC as requested with clarifications of FIDIC contracts and terminology used in these documents, and help draft procurement documents with relevant clauses.

· Advise MCC on market analysis and market outreach and communication strategies to attract capable, available and responsive bidders in the procurement process of the various sectors in which MCC invest in Compacts and Threshold Programs.

· Review and comment on MCAs Entities’ bid documents used for procurements and help review technical specifications, pre-feasibility and feasibility studies, qualification requirements, contract conditions, warranties, and all other relevant aspects of the solicitations to improve the quality of these procurement instruments.

· Provide expert advisory services for procuring civil works and technical assistance requirements, as well as support the Group in other procurement-related activities, such as drafting and reviewing the bidding documents for any sector (e.g., water, energy, roads and buildings).

· Contribute to the knowledge and expertise of MCC by staying abreast of and reporting on current trends in international public procurement related to the sectors in which MCC is invested.

· Recommend practices and procedures for implementing procurement lessons learned in the partner countries and with other donor agencies, including modifications in the PPG as relevant.

· Participate, observe, and/or supervise bid and proposal reviews in MCAs if so requested by MCC.

· Contribute to MCC Procurement Practice Group activities as requested by the COR, including preparing and conducting training seminars on behalf of or along with MCC staff.

· Participate in various forums on behalf of MCC along with MCC staff, if so requested.

· Review MCC-developed procurement templates such as Standard Bidding Documents (SBDs), Procurement Operation Manual (POM) template, and others for consistency and accuracy.

· Prepare new procurement templates and guidance notes on various topics of procurement during Compact development and implementation or suggest modifications to the existing ones.

D. Deliverables

Deliverable 1:

Trip reports and activity reports to the MCC COR to succinctly summarize findings and recommendations.

Deliverable 2:

The Consultant shall respond to requests from the MCC COR on a variety of activities and deliverables related to procurement activities, and other such matters that may be needed for any specific task.

Final Report:

This report will include the final observations and recommendations of the Consultant, highlighting any additional analysis that may be required at the end of the Contract.

Acceptance Criteria:

· Compliance with all task requirements in a manner demonstrating experience, timeliness and attention to detail, and responsive to the requirements of the specific task;

· High quality work products that reflect sound analytical reasoning;

· Evidence of effective communications with MCC and MCA procurement team members;

· All work products will be submitted in English in hard and electronic copy.

E. Countries

Multiple countries, including, but not limited to Nepal, Philippines, Mongolia, El Salvador, Senegal, Morocco, Niger, Benin, Cote d’Ivoire, Togo, Liberia, Sierra Leone, Lesotho, and Cabo Verde.

F. Period and Place of Performance

This contract will have a base period of five years with an estimated level of effort of 1,200 hours per year. MCC anticipates this level of effort but does not guarantee this level of effort as it may increase or decrease.

The Consultant will work from her/his home office anywhere in the world, and/or in MCC headquarters, and/or in any MCC eligible country.

G. Qualifications Mandatory Requirements:

· Minimum of seven (7) years of procurement experience working on bilateral and/or multilateral-funded projects including MCC, developing procurement documents, and/or supervising government counterparts in managing contractors in consulting and/or construction works.

· Experience on working with procurement guidelines of bilateral and/or multilateral development agencies, specifically the World Bank and MCC.

· Experience with FAR is not directly relevant for this position, but could be considered as supplementing experience with other international procurement systems such as that of MCC or the World Bank.

· Familiarity with FIDIC’s Red and Yellow Books.

· Experience working with and in multiple developing countries.

· Fluent in reading, speaking, and writing English

· Bachelor level degree or equivalent in business, economics, management or engineering.

Preferred Requirements:

· Proficiency in French or Spanish is preferred but not mandatory.

· Experience working on large projects relating to Information Technology implementation in international settings, particularly in the energy sector, is preferred

· Experience working with MCC’s procurement guidelines.

· Experience working in the preparation of tender documents in accordance with FIDIC’s Yellow Book

MCC reserves the right to interview the candidates.

H. Other Requirements:

International travel will be required. The Government estimates the consultant to travel at least four to six (4-6) times for a total of thirty to sixty (30-60) days during the base period of performance. Each travel is expected to have a duration of at least six (6) days. The Government will pay for traveling on a reimbursable basis. If multiple experts are hired, the travel will be distributed among the selected experts based on the government needs.