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STATEMENT OF WORK

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.

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 shall include analysis of French-language laws, regulations, and reform proposals, as well as analysis of other French-language documents critical to Threshold Program development and/or implementation and Compact implementation.

C. Country

Togo, Niger and any other MCC-eligible country.

D. Tasks and Deliverables Tasks:

The consultant shall 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.

· Provide recommendations, drafting as needed and associated technical support to MCC host country counterparts (MCA or equivalent) in relation to budget/financial plans, work plans, and/or terms of reference and preparation of technical components of procurement packages.

· Analyze applicable deliverables produced by host country (MCA or equivalent) contractors related to land legal and institutional frameworks and recommended reforms, as well as proposed work programs and program implementation methodologies. 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, but also amongst national agencies with land responsibilities in land administration.

· 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.

· 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.

· Contribute to ensuring coordination – or integration as appropriate – between land programming and other related or overlapping sector programs, particularly in regard to resettlement policies and activities.

· Other tasks as assigned by the COR

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.

The consultant is expected to submit electronic copies of all written deliverables in French or English as specified in the technical directive, and to brief MCC staff verbally upon request.

E. Period and Place of Performance All work will be completed between the dates of the award through a three year period of performance.

The Consultant shall 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.

The estimated level of effort is estimated at up to 1,200 hours (700 hours for Niger, 400 hours for Togo, and any other applicable country for 100 hours) per year with an estimated 5 trips per year. MCC anticipates this level of effort but does not guarantee this level of effort as it may increase or decrease.

The consultant shall perform the services and tasks generally identified above at the consultant’s home facilities or in MCC’s DC offices or any eligible MCC countries.

F. 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.

G. 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.

H. Evaluation Criteria

Please note that fluency in spoken and written French is a minimum requirement for this position. Intermediate to advanced skills in spoken and written English are also required. 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 French-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).

· Familiarity with MCC and MCA policies, programs and procedures.

· Fluency in spoken French, written French, and conversational skills and reading fluency in English.

· Degree in law or other field relevant to land tenure legal and institutional analyses I. Other requirements 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.