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Political Economy Analysis Sri Lanka
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MCC-17-RFQ-0093
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PAGE 1 OF 56 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

MCC-17-RFQ-0093 06-19-2017

Sultan Abdullah, PSC representing MCC 202-772-6354 07-11-2017

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth Street NW Suite 700 Washington DC 20005

X

N/A

X

CGM

1099 Fourteenth Street NW, Suite 700

Contracts and Grants Management Division 1099 Fourteenth Street NW Suite 700

Interior Business Center Interior Business Center M/S D-2773 7301 West Mansfield Avenue Lakewood CO 80235-2230

See CONTINUATION Page

The scope of this RFQ is to procure a firm to manage and lead:

1) a political economy analysis (PEA) on the underlying incentives and stakeholder dynamics to support policy and institutional reform in the public transport and land administration sectors and

2) to develop a communication strategy to convey results and benefits and garner support from various government stakeholders and the public for transport and land interventions.

See CONTINUATION Page

MCC-17-RFQ-0093 Political Economy Analysis

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

PRICE/COST SCHEDULE

SECTION C - STATEMENT OF WORK

BACKGROUND

SCOPE

Task

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE

PLACE OF PERFORMANCE

DELIVERABLES

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 MCC 52.201-70 Contracting Officer’s Representative (COR) and/or Project Monitor (PM) (JULY 2012) ... 11

G.2 MCC 52.232-70 INVOICE INSTRUCTIONS (MAY 2013)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 MCC 52.203-70 CONTRACTOR NON-DISCLOSURE AGREEMENT (JULY 2012)

H.2 MCC 52.232-73 Travel Reimbursement (MAY 2013)

H.3 MCC 52.232-74 ODC REIMBURSEMENT (JAN 2007)

H.4 MCC 52.242-70 CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM (CPARs)

REGISTRATION (AUG 2011)

H.5 MCC 52.243-70 INCREASE IN SERVICES (OCT 2006)

H.6 MCC 52.245-70 CONTRACTOR ACQUIRED MCC GOVERNMENT PROPERTY OVERSEAS (JULY

2012)

H.7 KEY PERSONNEL

H.8 MCC 52.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM

IMPLEMENTATION CONTRACT (JULY 2012)

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

SECTION J - DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

This Request for Quote (RFQ) is a Time and Materials (T&M) contract for a Period of Performance of a 1 year Base Period and a 1 year Option Period. During the contract performance period, the Contractor shall anticipate international trips to MCC partner countries and to MCC headquarters in Washington, DC.

The scope of this RFQ is to procure a firm to manage and lead: 1) a political economy analysis (PEA) on the underlying incentives and stakeholder dynamics to support policy and institutional reform in the public transport and land administration sectors and 2) to develop a communication strategy to convey results and benefits and garner support from various government stakeholders and the public for transport and land interventions.

This is a high priority due diligence requirement to support the country team in determining the feasibility of selected investments currently under consideration. This action is anticipated to go hand-in-hand with the technical feasibility studies. The PEA will help MCC better understand the interests of key stakeholders and where resistance to these efforts may lie, through in-depth interviews, focus group discussions and roundtables with the sector. A secondary objective is to develop a plan and tender documents to garner support from within the government and the public for the transport and land reform agenda.

Work under this contract may call for the Contractor to furnish important services in support of the design or feasibility of specific activities that may become part of a Millennium Challenge Corporation (MCC) Compact.

In accordance with the principles of FAR Subpart 9.5, THE CONTRACTOR MAY BE INELIGIBLE TO

FURNISH, AS A PRIME OR SUBCONTRACTOR OR OTHERWISE; THE IMPLEMENTATION

SERVICES FOR ANY ACTIVITIES FOR WHICH IT PROVIDES SUBSTANTIAL DESIGN

SERVICES EXCEPT FOR SUCH SERVICES THAT MAY BE FURNISHED UNDER THIS

CONTRACT. If a determination is made that the contractor is ineligible for implementation services, the MCC Managing Director of Contracts and Grants Management may authorize a waiver (in accordance with FAR 9.503) if the Director determines that preclusion of the Contractor from the implementation contract would not be in the Government’s best interest.

PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year NTE

________LOT__________ __________________

0002 Base Year Labor

0003 Base Year ODC's

1001 Option Year 1 NTE

______LOT____________ __________________

1002 Option Year 1 Labor

1003 Option Year 1 ODC's

GRAND TOTAL __________________

Labor CLINS

Offeror shall provide the applicable labor rate for each labor category below and the LOE (hrs) to complete the services requested within Section C.

1. Lead (Senior) Researcher - Political Economist

2. Senior Researcher - Transport

3. Senior Researcher - Land

4. Associate Researcher – Transport

5. Associate Researcher – Land

ODC CLINS

There is no need for offeror to propose ODC related cost. This CLIN will be Cost Reimbursable per guidelines from the COR and capped at $150,000.00 for any travel related cost associated with the completion of the services requested within Section C. G&A doesn't apply to ODC's.

SECTION C - STATEMENT OF WORK

BACKGROUND

The purpose of this Statement of Work (SOW) is for the Millennium Challenge Corporation (MCC) to acquire contractor services to (1) support a political economy analysis of administration and decision-making processes in the transport and land sectors in Sri Lanka and (2) develop and support a stakeholder engagement plan in Sri Lanka that conveys the benefits and impact of MCC’s work to the public effectively.

MCC works with developing countries to promote sustainable economic growth to reduce poverty. Since its establishment in 2004, MCC has deployed more than $10 billion in development grants through compact and threshold programs across 40+ countries. Compacts are five-year agreements between MCC and a country to fund specific programs targeted at reducing poverty and stimulating economic growth.

Sri Lanka became eligible for a compact in December 2016, and the Government of Sri Lanka (GOSL) and MCC are working together on developing a compact program. As the first step, a team consisting of economists, private sector specialists, and social and gender specialists from the Government of Sri Lanka (GOSL) and MCC completed a constraints to growth diagnostic study. The study identified, among other things, transport—particularly traffic congestion in the Western and Central Provinces and the slow movement of people, goods and services between the Western Province and other areas of the country—as well as difficulty in accessing land for investment purposes as binding constraints to growth and private investment in Sri Lanka. MCC and GOSL are now working to identify potential interventions that could address these constraints to growth.

MCC operates under the principle of country ownership: Countries identify their own priorities for achieving sustainable economic growth and poverty reduction following broad consultation within their society and work in partnership with MCC to refine programs. When a country is awarded an MCC compact, it sets up a local accountable entity—called the Millennium Challenge Account (MCA)—to manage and oversee all aspects of implementation. By statute, implementation of any MCC compact must be completed within 5 years; there is no possibility of extension. As a result, thorough project design, feasibility studies and political economy analyses are critical before the compact enters in to force.

SCOPE

The team is contemplating potential interventions to: 1) reduce traffic congestion in the Western Province and accelerate the movement of people, goods, and services between provinces and 2) increase information about the availability of commercially viable land for investment purposes to the public and investors.

In designing the eventual portfolio of compact investments, MCC considers what reforms and/or complementary activities may be needed to ensure the objectives of its projects are achieved and its investments are properly operated and maintained into the future, providing a consistent stream of benefits to the citizens of Sri Lanka.

The scope of this contract is two-fold:

1. Support a political economy analysis of administration and decision-making in the transport and land sectors in Sri Lanka.

2. Develop a plan for engaging key stakeholders in dialogue on policy and legal reforms to improve transport and land administration in Sri Lanka.

Political Economy Analysis

MCC seeks a contractor’s services to probe the challenges and opportunities associated with MCC’s potential interventions and ensure their long-term viability by mapping the political economy of Sri Lanka’s transport and land sectors. MCC would like to assess the existence and/or potential of champions of reform to coordinate on transport planning and implementation and land administration issues, as well as their ability to effectuate changes in these areas, given the bureaucratic and political realities in Sri Lanka.

With regard to transport, MCC recognizes the existence of political risks associated with interventions in the bus, rail, and road sectors. For example, the transport sector is governed by the interests of multiple government agencies, strong labor unions, and a vibrant group of private sector operators, all of whom are operating in a still-uncertain political environment. In the context of a public land information system, challenges are also likely to arise from the complexity of the stakeholder landscape and competing interests. MCC therefore seeks the service of a contractor to delve into a political economy analysis to better understand key actors, their interests and incentives, and whether the sector is ripe for interventions in not just infrastructure development but also policy reform and decision-making processes. MCC seeks a contractor’s services to analyze relevant dynamics and gauge the extent of political will for such an intervention at all levels of government, in the private sector, and civil society. The political economy analysis should therefore at minimum include the following dimensions:

• Identify specific policy and procedural reforms required to achieve the overall goals of the government and MCC in the transport and land sectors;

• Interests of government institutions involved in transport and land to support reforms;

• Analysis of how reforms in transport and land sectors can be successfully implemented given political realities, including the fragmented nature of government stakeholders in these sectors;

• Interests of other donors and the private sector to support reforms;

• A stakeholder engagement plan for working with key stakeholders in government, private sector, and civil society to improve transport and land administration.

Task

MCC proposes to conduct an assessment of the political economy surrounding the transport and land administration sectors in Sri Lanka. This includes identifying and assessing the motivations and interests of key stakeholders that are likely to influence the political, legal and policy reforms that MCC would like to achieve through its compact. This would enable MCC to increase its understanding of the politics of policy reform in Sri Lanka, and to help target its policy and institutional reform activities.

MCC intends to engage a firm with substantial experience and knowledge of Sri Lanka’s political economy.

The firm is expected to carry out formal and informal (as the need may be) interviews and discussions with key stakeholders within Sri Lanka, gauge the evolving political situation based on media reports, expert opinions, and review relevant documents such as existing policies, laws and regulations on transport and land. The firm will also organize workshops, roundtables, focus group discussions and stakeholder surveys to receive input and review initial findings, as needed to carry out the assignment.

The work will include a thorough stakeholder mapping and analysis of current roles and responsibilities in governance, planning, and decision-making processes, followed by a recommended strategy for the implementation of the proposed reforms through strategic communication and stakeholder engagement. The recommended strategy should be built on the knowledge gained through the political economy analysis and be articulated through a clear, well-defined project logic with specific, measurable targets or milestones with dates (month/year) identified over the five year life of the compact (and post-compact, if necessary). Communications and stakeholder engagement needs to take into consideration gender bias, and identify how to effectively communicate to promote the safety and dignity of commuters using public transportation, and create an attitudinal shift towards gender and social equity in the land and transport sectors. Finally, the recommended strategy must point out potential risks to implementation, and offer suggestions for alternative approaches or mitigation measures.

Key Stakeholder Engagement Plan

1. Develop Stakeholder Analysis Methodology

Based on feedback from MCC team members, the Contractor will review all readily available data and reports related to the relevant issues in the transport and land sectors in Sri Lanka. Based on this review, the Contractor will produce a Design Report that will detail the proposed methodology for conducting a stakeholder analysis of the relevant players for each issue. Note that stakeholders should include a cross-section of organizations and individuals who have a stake in the issues and any reform. The Contractor should develop a list of government agencies, private sector and civil society organizations, and individuals to interview and discuss with MCC before proceeding.

The methodology should explain the political economic theory behind it, including citations where necessary. It should clearly list the data requirements, propose methods to obtain that data and highlight any key data or information gaps.

The Design Report should also include a work breakdown structure that describes in detail the plans for completing Tasks 2-4, including resources, deadlines and deliverables.

2. Collect data; conduct stakeholder interviews

Following acceptance of the Design Report by MCC, the Contractor will plan for and undertake data collection and stakeholder interviews in Sri Lanka. The research team will begin by drafting any instruments required for data collection, to be discussed and finalized with MCC.

The research team will then travel to Sri Lanka to meet with relevant stakeholders to conduct the necessary interviews. Specifically, the analysis will include plausible political outcomes against specific components of transport and land related policy reforms that are envisioned in the GOSL’s compact proposal to find out which aspects of the reforms are most likely to be adopted, sustained, abandoned or modified in a myriad of political scenarios.

The interviews should be conducted by the Contractor including local research team members. Introductory meetings may be facilitated by GOSL or MCC staff, but the Contractor is expected to initiate additional meetings as necessary to gather the required data. After returning from Sri Lanka, the Contractor is expected to produce a brief Trip Report that highlights key data gathered during the trip and lists which people and organizations were consulted. The report should also identify any remaining information gaps and propose strategies to fill them.

The Contractor will analyze the data collected during Task 2. This should include both:

a) Stakeholder analysis, as laid out in the Design Report and;

b) Recommended strategy for the implementation of any transport and land policy and legal reform activities that are being considered by MCC as part of the Compact. More than one strategy may be proposed, if there are viable alternatives, or strategies could be incremental. The strategy should include a clear project logic, detailing the outputs or milestones to be achieved during implementation.

It must be based on the stakeholder analysis, and take into account other information MCC shares with Contractor, such as the type of activities being considered; the sequencing of activities; and the risks and unknowns inherent to each strategy, with risk mitigation measures and/or alternative pathways recommended.

When the analysis is complete, the Contractor will present the initial findings to the MCC Sri Lanka Country Team. In advance of this presentation, the Contractor will prepare two written Initial Summary of Findings to MCC – one full, detailed report for MCC and a second report for public dissemination. Following the presentation, the Contractor will share any slides with MCC in PowerPoint format. The Contractor may also be asked to present to the GOSL either via Skype or a short trip to Sri Lanka.

3. Present Stakeholder Analysis & Recommended Strategy

MCC and GOSL will provide feedback on the initial findings, which the Contractor will incorporate into the Final Report. As in Task 3, the Contractor will produce a Final Report that includes complete analysis, findings, and recommendations for MCC and a version that is for external dissemination. The Contractor will also present the results to MCC and GOSL and share all slides from that presentation. In addition to the Final Report and slides, the Contractor will submit to MCC all data files that were used to complete the analysis.

4. Communication Strategy Design

Once MCC, GOSL and the contractor understand key actors and their interests and motivations, the contractor will develop a stakeholder engagement plan that mobilizes political, bureaucratic, private sector, and civil society champions behind reform activities and increases potential support for study recommendations. The plan should also consider strategies to mitigate potential detractors. The output will be well-considered and measured plans for engaging these stakeholders, for garnering support from within the government and the public for the reform agenda, and for communicating results and benefits through mass media and other channels.

SECTION D - PACKAGING AND MARKING

***RESERVED***

SECTION E - INSPECTION AND ACCEPTANCE

Inspection and Acceptance shall be in accordance with FAR Clause 52.246-6, Inspection – Time-and-Materials and Labor-Hour and its Quality Control Plan (QCP) when performing all required services required.

SECTION F - DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE

This contract will include a Base Period of 1 year and a 1 year Option Period.

It is anticipated that Deliverables 1-5 will be completed within the Base Year while Deliverable 6 within the Option Period.

PLACE OF PERFORMANCE

The Contractor shall, if required work from their home office, Sri Lanka and/or MCC headquarters in Washington D.C. In addition, The Contractor shall, be able to mobilize on a short notice and deliver high quality finished products in a timely manner based on the instructions of the COR/PM. The Contractor shall have the necessary computer hardware and software to provide prompt and cost effective services.

DELIVERABLES

Outlined below is an indicative timetable, assuming a work period of approximately three (3) months for the assignment. All deliverables should be submitted in Microsoft Office formats unless directed otherwise by

MCC.

Task/Deliverable Deliverable Due Date

Task 1: Develop stakeholder analysis methodology

• Design Report

4 weeks from contract award

Task 2: Collect data; conduct stakeholder interviews for political economy analysis

• Interview and decision-making assessment instruments

• Trip report

12 weeks from contract award

Task 3: Analysis

• Initial summary of findings (internal document)

• Initial summary of findings (external document)

• Initial summary of findings (slides)

16 weeks from contract award

Task 4: Present stakeholder analysis & recommended policy reform strategy

• Final report (internal document)

• Final report (external document)

• Final results presentation (slides)

• Data analysis spreadsheets or statistical files

20 weeks from contract award

Task 5: Develop stakeholder engagement strategy for transport and land reform

• Final report with recommendations of optimal modalities for implementing stakeholder engagement strategy and its cost over the life of the compact

28 weeks from contract award

Task 6: Implement stakeholder engagement plan for transport and land reform

• Facilitated workshops, roundtables, symposia, meetings and other activities TBD with government, private sector, civil society organizations private sector to achieve policy reform goals

12 months from completion of Task 5

Document Ownership and Information Management System Requirements

All documents produced and/or collected by the contractor, electronic and hard copies, shall be the sole property of MCC. MCC, at its sole discretion, may provide such system as SharePoint or similar in addition or in lieu of the Contractor’s system. The Contractor shall abide by MCC required communication protocol including sharing information and reports with the MCC team, and/or other MCC consultants for efficient and timely reviews and communications as specifically requested in respective Co.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 MCC 52.201-70 Contracting Officer’s Representative (COR) and/or Project Monitor (PM) (JULY 2012)

(a) The Contracting Officer may designate a Government representative to act as the Contracting Officer's Representative (COR) or Project Monitor (PM) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the COR and/or PM and the Contractor. The designation letters will set forth the authorities and limitations of the COR and/or PM under the contract.

(b) Modifications to this contract are effective only if reduced to writing and executed by the Contracting Officer. The Contractor is specifically prohibited from performing any work that is outside the scope of this contract without the approval of the Contracting Officer. The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

G.2 MCC 52.232-70 INVOICE INSTRUCTIONS (MAY 2013)

Invoices shall be paid in accordance with the Prompt Payment Act, thirty days (30) following receipt of a proper invoice. The Contractor shall submit each invoice electronically via email or fax to the following:

Fax: 303.969.5151/7281 ATTN: MCC Payments, or

Email: mcc_accounting_ibcdenver@ibc.doi.gov, or

As an alternative to electronic submission of invoices, one copy of each invoice may be submitted to the following address:

Interior Business Center

M/S D-2773

7301 West Mansfield Avenue

Lakewood, CO 80235-2230

If it is determined that the amount billed is incorrect, the invoice may be revised by the Government, or the Contractor shall be required to submit a revised invoice.

To constitute a proper invoice, each invoice must include the following information and/or attached documentation:

mailto:mcc_accounting_ibcdenver@ibc.doi.gov

(1) Name, address and telephone of the Contractor

(2) Date of invoice and invoice number

(3) Contract number (including task order or call number and contract line item(s)) also modification number, if applicable

(4) Description (quantity, unit of measure, unit price, and extended price) of the supplies/services rendered (including hours incurred and billing rate, as applicable to the contract)

(5) A schedule depicting the following information:

Amount Invoiced

This Period

Cumulative Amount Invoiced

Authorized Value of Contract

Balance Remaining on Contract

If the Contractor is billing for costs incurred over more than a single month, the costs for each month in which the costs were incurred and shall be segregated into the month they were actually incurred.

(6) Name of Contracting Officer’s Representative (COR); and

(7) Signature of authorized representative of the firm with the following invoice certification:

“The undersigned hereby certifies to the best of my knowledge and belief that: the sum claimed under this contract is proper and due, and all the costs of contract performance have been paid, or to the extent allowed under the applicable payment clause, will be paid by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and amounts involved are consistent with the requirements of this Contract.

BY: ______________________________________

TITLE: ___________________________________

DATE: ___________________________________

Inquiries regarding the status of invoices may be directed to NBC Accounting. The email address is:

mcc_accounting_ibcdenver@ibc.doi.gov.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

The following Non-Disclosure Agreement shall be provided at contact award.

mailto:mcc_accounting_ibcdenver@ibc.doi.gov

H.1 MCC 52.203-70 CONTRACTOR NON-DISCLOSURE AGREEMENT (JULY 2012)

All Contractor employees or independent Contractors engaged in this contract shall provide a non-disclosure agreement as follows signed by the individual Contractor/consultant and, if a Contractor employee, by the Contractor’s contract administrator:

NON-DISCLOSURE AGREEMENT

I, (Contractor employee’s name) do solemnly swear (or affirm) that I will not divulge any information, whether obtained orally or in writing from, or data maintained by (Confidential Information) the Millennium Challenge Corporation (MCC) to any unauthorized person for any purpose. I will not directly or indirectly use, or allow the use of Confidential Information for any other purpose other than that directly associated with my officially assigned duties for MCC.

Further, I will not directly or indirectly reveal or cause to be revealed the nature or content of any (Confidential Information), except to authorized personnel.

I am aware that the unauthorized use of information may be a violation of law and this Agreement.

Company or Subcontractor

Understand that authorized persons refer only to persons assigned to a project requiring access to Confidential Information or directly in the line of management over the project requiring access to the data.

[Signatory]

Contract Administrator Date

H.2 MCC 52.232-73 Travel Reimbursement (MAY 2013)

Policy. When authorized as part of the Scope of Work on this contract/order and within the contract/order ceiling and as approved by the Contracting Officer’s Representative (COR) and/or other MCC officials as described below, travel expenses incurred in performance of technical directives issued under this Contractor/order may be reimbursed as allowed by the Federal Travel Regulations (FTR) in effect at the time of travel. MCC’s supplemental policy interpretations are derived from the FTR and cannot grant additional benefits or adjust processes defined in the FTR. Supplemental policies of MCC set forth below:

A) Traveler Responsibilities. All Contractor travelers must:

1) Exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business;

2) Travel in accordance with the FTR and the MCC policies included in this document; and

3) Pay any charges or fees associated with non-compliance of FTR or any MCC policies included in this document, and any expenses incurred for personal convenience. For example, the traveler may become personally responsible for travel costs associated with unauthorized use of other than coach class accommodations, failing to follow the Fly American Act requirements, exceeding per diem rates, changing departure or return flights, purchasing unapproved items, etc. regardless of the fact that travel arrangements may have been booked by others (e.g., Travel Agency).

B) Cabin Class Standards

1) The standard cabin class for Contractor air-travel is coach class, regardless of destination or travel time.

2) Coach “premium” class may be authorized for destinations which have a travel time of more than 14 hours, consistent with the Federal Travel Regulations and the approval standards outlined in paragraph

(f) of this document.

3) Business class travel accommodations will NOT be authorized except as determined through the approval process outlined in paragraph (f) of this document. This approval process is considered to be exceptional, to be part of a trip by trip analysis, and at the discretion of the government regardless of the destination or travel time.

C) Airlines and Flights.

In accordance with the Fly America Act, Contractors must use a U.S. flag air carrier service for all travel funded by the government beginning or ending in the U.S. unless a specific exemption to the “Fly America” rule applies. Flights on U.S. air carrier pairings with foreign carriers (i.e., code share flights) are regarded as meeting Fly America requirements if the ticket is issued on the American carrier and there is an American carrier flight number.

D) Limitations.

Travel reimbursement, which is part of ODC, shall not exceed the authorized ODC amount on the contract. To be reimbursable, the travel expenses must be:

1) Allowable under the FTR and the provisions of this contract/order and associated technical directives;

2) Approved prior to travel expenditure by the COR; and

3) Allocable and necessary for performance of this contract/order and associated technical directives.

E) Reimbursement Requests. Travel reimbursement requests must be submitted in sufficient time for the COR to give prior approval, and must identify:

1) The name of the traveler.

2) Destination (s) including itinerary.

3) Purpose of the travel; and

4) Cost breakdown.

5) To be reimbursed, invoices including travel expenses must provide a detailed breakdown of the actual expenditures invoiced. Contractor shall maintain the original or legible copy of receipts for all travel expenses invoiced when the expenditure is $75.00 or more. MCC reserves the right to request evidence of any travel expense paid.

F) Approvals. All travel expenses, including rental cars, must be approved by the MCC COR in writing in advance of booking any travel and incurring travel expenses. The following expense types require additional MCC pre-approvals beyond that of the COR. These additional approvals and associated justifications will be documented in writing:

1) Business class Business class travel is considered to be exceptional, to be determined as part of a trip by trip analysis, and at the discretion of the government regardless of the destination or travel time. To reflect the exceptional nature of this approval, the justification for use of business class must be prepared by the COR and approved in writing by the relevant Managing Director or Deputy Vice President of the organization requesting the Contractor to travel. The single exception to requiring this justification and approval for every trip in question is when a State Department approved medical accommodation has been granted. In this case, the approval of the COR and the Contracting Officer only is required after verifying that the medical accommodation is effective for the trip in question and that sufficient funds are available. All justifications must verify that the Contractor is required to report for duty the following day or sooner, that the travel time for the trip is at least 14 hours, and that a rest stop will not be taken en route. For audit purposes, all justifications and approvals to this effect must be retained by the COR and the Contractor until contract closeout at which point all documentation must be provided to the Contracting Officer for incorporation in the contract file. Below are possible justifications supporting these exceptional requests:

a) Medical accommodation – MCC has engaged the services of the U.S. Department of State’s Office of Medical Services (MED/DP) for adjudication on requests for medical accommodations due to disability. MCC will facilitate this process but will not adjudicate disputes or appeals in connection with these requests. If the Department of State’s policies for reviewing these requests changes, MCC will be responsible for notifying Contractors of the change but will not be responsible for providing an alternative for medical accommodation requests. For detailed procedures see Attachment: Medical Accommodation Procedures.

b) Sanitation/Health – Coach Accommodations on an authorized/approved foreign air carrier do not provide adequate sanitation or health standards.

c) Savings – Flying in non-coach status would involve significant cost savings to MCC when compared to the lowest price non-refundable or restricted coach class fare.

d) Availability - No space is available in coach-class accommodations in time to accomplish the mission, which is urgent and cannot be postponed. (Note: this justification shall not be used based on the lack of advanced planning by the Contractor or the COR).

e) Security – Exceptional security circumstances require other than coach-class airline accommodations.

f) Mission critical agency requirement – circumstances in which a critical agency priority or project will incur delay or degradation without the intervention of a Contractor and that intervention urgently requires other than coach class ticketing.

G) Coach “premium” class Must be approved by the COR, subject to the availability of funds on the contract/order, and:

a) The origin and/or destination are OCONUS; and

b) The scheduled flight time including non-overnight stopovers and change of planes, is in excess of 14 hours.

Scheduled flight time is the flight time between the originating departure point and the ultimate arrival point including scheduled non-overnight time spent at airports during plane changes. Scheduled non-overnight time does not include time spent at the originating or ultimate arrival airports. And;

c) The Contractor is required to report to duty the following day or sooner; and

d) The Contractor does not take a rest stop en route or a rest period upon arrival at the duty site.

E) Rest Stops – must be approved by the COR and cannot exceed 24 hours.

NOTE: Travelers may upgrade flight accommodations at their own expense or through the use of frequent flyer miles if the coach airfare is upgradeable at no extra cost to MCC.

(End of clause)

H.3 MCC 52.232-74 ODC REIMBURSEMENT (JAN 2007)

Other Direct Charges (ODCs) will be reimbursed for direct costs as provided in the contract and/or task order.

To be reimbursed, invoices including ODCs, must provide a detailed breakdown of the actual expenditures invoiced. The Contractor shall maintain the original or legible copy of receipts for all ODCs invoiced. MCC reserves the right to request evidence of any ODC reimbursed. To assure timely reimbursement of ODC’s, the Contractor is strongly encouraged to submit charges within 45 days of the expense.

(End of clause)

H.4 MCC 52.242-70 CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM (CPARs)

REGISTRATION (AUG 2011)

The Millennium Challenge Corporation (MCC) utilizes the Contractor Performance Assessment Rating System (CPARS) to evaluate Contractor performance (see FAR, Subparts 42.1502 and 42.1503). Contractors doing business with MCC are required to register in CPARS accessible via the Internet at:

http://www.cpars.csd.disa.mil/cparsmain.htm. An evaluation of Contractor performance using the CPARS is mandatory for all contract actions exceeding $150,000, but may be conducted for contract actions lower than that amount shall significant events occur such as a contract termination or extraordinary contract performance by the Contractor. Inquiries regarding the registration process shall be addressed to the CPARS help desk. The email address is WEBPTSMH@NAVY.MIL and the telephone number is (207) 438-1690.

H.5 MCC 52.243-70 INCREASE IN SERVICES (OCT 2006)

The services described in Sections B and C (statement of work) represent the Government’s best estimate for known requirements at this time. However, due to the uncertainty of the work, the Government reserves the right to add or delete services if the need arises.

http://www.cpars.csd.disa.mil/cparsmain.htm mailto:WEBPTSMH@NAVY.MIL

H.6 MCC 52.245-70 CONTRACTOR ACQUIRED MCC GOVERNMENT PROPERTY OVERSEAS

(JULY 2012)

Property and equipment (hereafter stated “property”) that MCC Contractors (other than Personnel Service Contractors) acquire and for which they receive MCC reimbursement through the invoice process is Government (MCC) owned property. Government property is to be used, monitored, and inventoried in accordance with FAR Part 45, Subpart 45.5 Management of Government Property in the Possession of Contractors, as well as MCC Policy 350, “Policies and procedures on Property, Plant, and Equipment.” The Contractor shall start a running property inventory as soon as it begins to procure property and equipment the cost of which is charged back to the Government. The Contractor shall furnish a copy of such inventory to the COR semi-annually or at least as the contract is in its final stages of completion if its duration does not exceed six months. Mandatory fields on the inventory include: The Contractor’s Name; the Contractor Number; the Country Location and address location; a description of the item with model number serial number, and manufacturer; the acquisition date and cost; the Quantity; the expected life; and its condition at the time of the report. The Contractor is responsible for removing US Government identification from property that is to be abandoned.

H.7 KEY PERSONNEL

The Contractor will be required to mobilize a team quickly upon award. The following general staffing qualifications and expertise are required for the research team and this assignment:

• Demonstrated expertise conducting political economy/stakeholder analysis, particularly in post-conflict countries

• Demonstrated expertise in land policy, land law, and land administration (including ICT) sectors

• Demonstrated expertise in public transportation infrastructure and transportation policy in regional and national contexts

• Deep familiarity with Sri Lanka

• Demonstrated experience working with government sectors in Sri Lanka

• Fluency in local languages. Stakeholder interviews should be conducted in local languages as necessary to ensure forthright discussions of potentially sensitive topics. Contractors are encouraged to partner with local NGOs or research organizations if needed to meet this requirement

The Contractor’s research team should, at a minimum, contain the following Key Personnel:

1. Lead Researcher – Political Economist

The Lead (Senior) Researcher Political Economist - will be responsible for technical expertise related to political economy/stakeholder analysis within Sri Lanka’s economy and ensuring that the methodology accounts for the current state of research and international best practice. This person is expected to possess:

• Minimum Master’s degree with concentration in economics, public policy, or related field that has a strong emphasis in quantitative analysis.

• Minimum of 5 years’ experience conducting political economy research or working on political economy issues in developing countries

• Experience conducting qualitative research

• Excellent English-language written and oral communication skills

• Experience in Sri Lanka preferred

• Ability to add gender/social lens in PEA is preferred.

2. Senior Researcher Transport -- The specialist will be responsible for sector-specific expertise in the transport sector. The person is expected to possess:

• Minimum Master’s degree

• Minimum of 5 years’ experience conducting research or working on transport in Sri Lanka or other developing countries

• Excellent English-language written and oral communication skills

• Experience in Sri Lanka preferred

• Ability to add gender/social lens in PEA is preferred

3. Senior Researcher Land – The specialist will be responsible for sector-specific expertise in the land sector. The persons is expected to possess:

• Minimum Master’s degree or Law degree

• Minimum of 5 years’ experience conducting research or working on land reform and land administration issues in developing countries

• Excellent English-language written and oral communication skills

• Experience in Sri Lanka preferred

• Ability to add gender/social lens in PEA is preferred

The Contractor’s research team should, at a minimum, contain the following Non-Key Personnel:

4. Associate Researchers – Transport and Land

The Associate Researchers (Sri Lankans) will conduct the stakeholder interviews personally or lead a team of local staff in conducting them. This persons are expected to have:

• Experience with qualitative data collection, such as knowledge, attitudes and perceptions (KAP) surveys;

stakeholder interviews; focus group discussions.

• Experience in developing stakeholder engagement strategies; these can take a variety of forms depending on target audiences (e.g. general public, political elites, etc.).

• Gender and social development expertise is preferred.

• Experience working with or discussing technical land and transport issues with government officials or international donors

• Experience working on land reform issues in Sri Lanka is required.

One person may hold multiple key positions if that person meets the requirements. Contractor shall be cautioned that some work may overlap and thus prevent one person from performing multiple task at once.

The Contractor shall provide resumes of Key and Non-Key Personnel.

Personnel identified as Key Personnel are considered to be essential to the work being performed hereunder.

Before changing an individual identified as Key, the Contractor shall notify the Contracting Officer in no less than 15 business days and will submit written justification as to the reason for substitution. Substitution within the first 90 days will only be considered for reasons of illness, death, or termination of employment. The Justification must include the name and qualifications of the proposed substitute(s). The proposed substitute will possess qualifications equal to or superior to those of the Key person being replaced. The Contractor shall not substitute Key personnel without written consent from the Contracting Officer. No change in fixed unit prices may occur as a result of key personnel substitution. The key personnel may, with the consent of the contracting parties, be amended from time to time during the course of this contract to either add or delete personnel, as appropriate, provided that the contracting officer may ratify, in writing, such diversion and such ratification shall constitute the consent of the contracting officer. Substitutions of Key Personnel shall be equal to or have greater qualifications than the personnel being replaced.

H.8 MCC 52.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM

IMPLEMENTATION CONTRACT (JULY 2012)

Work under this contract may call for the Contractor to furnish important services in support of the design or feasibility of specific activities that may become part of a Millennium Challenge Corporation (MCC) Compact.

In accordance with the principles of FAR Subpart 9.5, THE CONTRACTOR MAY BE INELIGIBLE TO

FURNISH, AS A PRIME OR SUBCONTRACTOR OR OTHERWISE; THE IMPLEMENTATION

SERVICES FOR ANY ACTIVITIES FOR WHICH IT PROVIDES SUBSTANTIAL DESIGN SERVICES

EXCEPT FOR SUCH SERVICES THAT MAY BE FURNISHED UNDER THIS CONTRACT. If a determination is made that the contractor is ineligible for implementation services, the MCC Managing Director of Contracts and Grants Management may authorize a waiver (in accordance with FAR 9.503) if the Director determines that preclusion of the Contractor from the implementation contract would not be in the Government’s best interest.

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov/?q=browsefar

The following provision(s) are incorporated by reference:

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS JAN 2017

52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.216-31

TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL

FEB 2007

REQUIREMENTS—COMMERCIAL ITEM ACQUISITION

FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/?q=browsefar

The following clause(s) are incorporated by reference:

FAR Clause Title Date

52.204‐9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL

ITEMS / ALTERNATE I JAN 2017

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS

DEC 2013

SUBCONTRACTORS

52.237-1

SITE VISIT

APR 1984

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT,VEGETATION

APR 1984

52.245-1 GOVERNMENT PROPERTY APR 2012

52.245-9 USE AND CHARGES APR 2012

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and…

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