Inactive

P; Statement of Work Environmental Social Performance Due Diligence Consultants Nepal Compact Introduction The Millennium Challenge Corporation (MCC) is a United States government corporation created ... P; Statement of Work Environmental Social Performance Due Diligence Consultants Nepal Compact Introduction The Millennium Challenge Corporation (MCC) is a United States government corporation created under Millennium Challenge Act of 2003 (as amended). MCC provides foreign assistance to eligible developing countries to reduce poverty through sustainable economic growth. Eligible countries develop specific investment programs in furtherance of the goal of economic development to be funded by MCC over a five-year period and implemented by the country partner. The United States of America, acting through the MCC, and the Government of Nepal (“GoN”) have entered into a Millennium Challenge Compact for Millennium Challenge Account assistance to help facilitate poverty reduction through economic growth in Nepal (the “Compact”) in the amount of approximately US$500 million (“MCC Funding”) and an additional US$130 million from the Government (“GoN Contribution”), for a total of approximately US$630 million. The Compact program includes two projects: (i) Electricity Transmission Project (“ETP”): The objective of the ETP is to increase electricity consumption by improving the availability and reliability of electricity supply in Nepal’s electricity grid and by facilitating power trade. The ETP portfolio focuses on three major activities, which involves: the construction of approximately 300 km of double-circuit 400kV high voltage transmission line; the construction of three substations to increase or decrease transmitted voltages for further transmission or distribution to consumers; and, technical assistance to support Electricity Regulatory Commission (ERC), an independent electricity sector regulator, in core regulatory skills and principles, and to support Nepal Electricity Authority (NEA), a key project partner, in capacity-building to enhance managerial and technical capabilities. Under the ETP, there is also a sub-Activity called the MCA Partnership Program (MPP). The goal of this sub-activity is to build relationships within affected communities by delivering direct benefits that complement the improvements in electricity supply. (ii) Road Maintenance Project (“RMP”): The objective of the RMP is to maintain road quality across Nepal’s strategic road network (“SRN”), by addressing the root causes of Nepal’s road sector problems that have contributed to high cost of transport. The RMP portfolio focuses on two major activities, which involves: technical assistance to the Department of Roads (DoR) and Roads Board Nepal (RBN), key project partners, related to road maintenance planning, assessment, and implementation to strengthen their capacity to plan and execute routine and periodic maintenance; and strategic road maintenance works up to 305 km of the SRN using pavement recycling and through the establishment of a matching fund. The program includes procurement of contractors and consultants for design, construction, and supervision of electricity lines and substations, road maintenance works, including a variety of technical services, equipment and construction works in different geographic locations within Nepal. The Compact document can be accessed at: http://mcanp.org/wp-content/uploads/2019/04/Millennium_Challenge_Compact.pdf. The works contracts shall be procured using MCC Standard Bidding Documents with Conditions of Contract based on FIDIC Yellow Book for ETP construction works and FIDIC Red Book for RMP maintenance works. For ETP transmission line and substation works, MCA-Nepal will hire a Supervision Engineer to provide construction supervision services during construction, Defects Notification Period (DNP), and post-DNP. For RMP road maintenance and rehabilitation works, MCA-Nepal will also hire a Supervision Engineer to provide engineering design, preparation of a Resettlement Action Plan (RAP), RAP implementation supervision services, and construction supervision services for road segments under the pilot sub-activity, with the option for supervision services for additional segments. The Supervision Engineer will be MCA-Nepal’s single point of responsibility for all ETP and RMP supervision services provided under the respective works contracts. Scope of Work MCC seeks to engage a team of specialist consultants to support the MCC Country Team responsibilities for environmental and social due diligence, monitoring and oversight throughout the development and execution of Compact activities (“the Consultant”). The Consultant team shall include three required specialties: Environmental Impact Assessment / Natural Resource Management Specialist (Team Leader); Land Acquisition and Resettlement Specialist (Deputy Team Leader); Nepal-based support specialists in environmental and social performance and stakeholder engagement The Consultant shall provide two primary types of services: 1. advice to the US-based MCC team on environmental and social performance monitoring, and due diligence, and 2. support to MCC in providing technical assistance to the host country teams who are preparing and implementing the projects and who will be responsible for compliance with Nepal’s national environmental and social laws and regulations, and MCC environmental and social guidelines which incorporate the IFC Performance Standards. The Consultants work shall include desk-top and field-based/“hands-on” work, such as drafting or reviewing terms of reference for environmental and social studies, monitoring and reviewing resettlement action plans and implementation, reviewing works contractor progress reports and change management requests, and reviewing and commenting on draft products from the various studies. Travel will be involved, mainly to Nepal, but also occasionally to Washington DC, as well as frequent telephone conferences with staff in Washington, DC and Nepal. ‘Technical Directives’ will be issued periodically by MCC to define specific tasks, methods, and deliverables; all such Technical Directives shall adhere to the scope of work described herein. Country: Nepal and any eligible MCC country. Tasks and Deliverables: To support MCC in the flexible and timely manner needed to meet the evolving needs of Compact development and implementation, Technical Directives under this scope of work will be issued. The nature of the work anticipated is described in this section. Some, but not necessarily all, aspects of the work described here will be requested of the Consultant, depending on the timing of contract award and status of Compact activities. The issuance of technical directives shall not imply 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. As noted above, the Consultant shall coordinate closely with related contractors advising MCC on various aspects of the compact development process and the proposed Power and Transport projects. MCC will facilitate this coordination among contractors. The Consultant shall receive overall guidance from the MCC Environment and Social Performance (ESP) Contract Officer’s Representative (COR) and Project Monitors (PM), who, in consultation with the Resident Country Mission (RCM) will oversee the Consultant’s assignment covering the areas and tasks below. Bidders are encouraged to review MCC website for more information: http://www.mcc.gov. The work performed and the recommendations made by the Consultant shall be in compliance with the MCC Environmental and Social Guidelines: See https://www.mcc.gov/resources/doc/guidelines-environmental-and-social-assessment-projects and http://www.mcc.gov/mcc/bm.doc/14-genderpolicy.pdf General Tasks Consistent with MCC Environmental Guidelines, projects that MCC may finance under a compact are to be developed and implemented in a manner consistent with the environmental and social performance standards set forth in the Performance Standards on Environmental and Social Sustainability of the International Finance Corporation (IFC Performance Standards).[1] Consistent with MCC’s principle of country ownership, the host country is responsible for managing environmental and social risks and impacts in close accord with the requirements of the IFC Performance Standards, and MCC will only support Compact activities that are expected to meet these requirements within a prescribed timeframe. The Consultant shall provide advice to the US-based MCC team on environmental and social performance monitoring and due diligence, and support MCC in providing technical assistance to the host country responsible for implementing Compact activities in compliance with Nepal’s national environmental and social laws and regulations and MCC environmental and social guidelines which incorporate the IFC Performance Standards. The Consultant shall perform these services to inform and support MCC’s oversight role with respect to environmental and social performance, monitoring and quality assurance of all Compact activities. Anticipated tasks, to be defined in subsequent technical directives, may include: Environmental, Social, Health and Safety Impact Assessment and Management Assist MCC to review and/or monitor the implementation of Environmental and Social Impact Assessments (ESIAs), Compensatory Reforestation Plans, Resettlement Policy Frameworks, Resettlement Action Plans (RAPs), Livelihood Restoration Plans, Community Benefit Sharing Plans, Stakeholder Engagement Plans and/or Environmental and Social Management Plans (ESMPs); and Health and Safety Plans (HSPs); When reviewing or editing reports, ensure mitigation measures are incorporated to minimize negative social and environmental impacts, physical or economic displacement, and public health and safety risks, and support the participation of women and vulnerable groups, including the most poor; Assess associated implementation timeline; Assess potential risks to MCC including cost or time overruns, constructability, and liability; Develop risk mitigation plans, as required; Monitor changes in project design that might require adjustment to the ESMPs and recommend changes, as appropriate; Advise on preparation of the ESMS in accordance with Performance Standard 1, including assistance with drafting terms of reference and review of proposals and products; Advise on environmental, social, health and safety, and natural resources management matters, including biodiversity, reforestation, habitat protection, or related themes as requested; Bring to the attention of MCC and MCA any concerns or issues of environmental, social or health and safety conditions or opportunities that the consultant becomes aware of and that are not being attended to; Assist MCC in complying with MCC and host-country health and safety requirements by advising on and drafting terms of reference and requests for proposals for any studies or support needed; Advise and assist in monitoring and enforcing workplace health and safety rules at construction sites; Review work completed by third parties; Identify key social and environmental project risks and impacts providing technical guidance to MCC regarding activity compliance and consistency with International Finance Corporation Performance Standards (IFC PS) 1-8; Review consultation plans, stakeholder engagement plans with affected communities, and other related strategies, frameworks, tools, mapping exercises, etc. for compliance with public consultation and disclosure requirements of PS 1. The Consultant may be asked to recommend actions necessary to align current and future participatory consultation plans with PS 1; Review tender documents and contracts for consistency with MCC Environmental Guidelines and international best practices; Assess proposed implementation strategies to include project timeliness and phasing, policies, and effectiveness, GoN and MCA-N capacity to manage environment and social risks associated with Compact activities; and Other tasks, upon request, within the objectives of this scope of work. Land Acquisition and Resettlement Support MCC to assess land acquisition, resettlement and impacts to indigenous people and other vulnerable groups as required by Performance Standard 5 and 7 and related guidance notes; Support MCC to monitor and provide oversight and capacity building required for MCA-N activities to prepare and implement Resettlement Actions Plans, Livelihood Restoration Plans, or associated land and right-of-way acquisitions needs; Support MCC to assess the mechanisms for public consultation and disclosure appropriate for Nepal and consistent with Performance Standards 5 and 7 that will target participation of project affected persons/parties (especially women and other vulnerable populations); As needed, review and provide written comments to MCC when requested on resettlement related documents, plans, status reports, databases, GIS related documents; Assist MCC in preparing terms of reference for RAP or Livelihood Restoration Plans LRP), as appropriate, for any additional Compact activities, if needed; As needed, advise MCC on approaches to improve and/or restore, the livelihoods and standards of living of project affected persons/parties including women and other vulnerable groups that may be displaced by project activities; As needed, advise MCC on approaches to grievance redress mechanism and/or independent resettlement monitoring; and Other tasks, upon request, within the objectives of this scope of work. Implementation Phase During the project final design and construction phase, the Consultant shall monitor project implementation on behalf of MCC to ensure completion of projects in accordance with schedules, specifications, and MCC standards and guidelines. Provide detailed reviews of any outstanding environmental or social study / final designs; Monitor reports from MCA-Nepal to assess the level of compliance with applicable environmental permits, requirements, policies, or guidelines, including local ordinances and domestic requirements as well as MCC Environmental Guidelines; Participate in periodic MCC missions to oversee works progress and provide (quarterly, or as required by MCC) on-site monitoring, spot testing and reporting of construction progress, ESMP, SEPs and HSP compliance, and/or provide spot audit on the supervisory firm(s) and assess quality and completeness of their work; Liaise with MCA-Nepal and provide comments to MCC on the quality of their implementation oversight; Monitor for unanticipated environmental or social impacts that might require adjustment to the ESMPs, SEPs or HSPs, and recommend changes, as appropriate; Identify implementation bottlenecks based on the Implementation Plan prepared by MCA Nepal, and suggest strategies to mitigate implementation risks; Provide general environmental and social technical advice and assistance to MCC related to the activities, as needed, including resettlement, stakeholder engagement, and right of way issues; Trip reports to the MCC COR/PM and RCM to succinctly summarize findings and recommendations; 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; and Other tasks, upon request, within the objectives of this scope of work. Period and Place of Performance All work shall be completed between the dates of the award through a one-year base period of performance, with four additional one-year options. The estimated level of effort is up to 736 hours for an Environmental Impact Assessment / NRM Specialist for the first year and 592 hours per year for the option years with an estimated 2-4 trips per year. The estimated level of effort is up to 736 hours for a Land Acquisition and Resettlement Specialist hours for the first year and 592 hours per year for the option years with an estimated 2-4 trips per year. The estimated level of effort is up to 384 hours for a Local ESP and H&S Specialist hours per year with an estimated 1 trip per year. The estimated level of effort is up to 100 hours per year for a Local Admin. MCC anticipates this level of effort but does not guarantee this level of effort as it may increase or decrease. The team of consultants will work from their home office and/or MCC headquarters or in Nepal. Subcontracting Experts are authorized to subcontract data collection, data preparation, data or economic analysis, and related services as needed. The overall costs for subcontracting shall not exceed 25% of the expert’s total negotiated unloaded direct labor cost. Conflict of Interest The expert will be precluded from bidding on work and services (design, assessment, construction, and supervision) to be procured by the local accountable entity or using funds advanced under MCC work in the relevant country. 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 Expert would be expected to coordinate with local authorities responsible for MCC Compact implementation as well as other donors, where relevant. However, designated Expert would report directly to the designated COR/PM. Evaluation Criteria The Consultant shall have a background appropriate to the tasks and output set out above. Mandatory Criteria: General Mandatory Criteria Professional oral and written fluency / command of English essential for all specialists; Experience applying international environmental and social safeguards standards and procedures to large infrastructure projects; and Ability to travel to developing countries (for specialist located outside of Nepal). Mandatory Criteria for Individual Specialists Environmental Impact Assessment / Natural Resource Management Specialist (Team Leader) The general requirements listed above; An advanced degree in environmental planning, environmental management, environmental science, environmental engineering or a related field; Minimum 15 years of experience in environmental impact assessment and natural resource management on infrastructure projects in developing countries; Demonstrated experience to manage a small team of experts; Demonstrated experience with forestry regulations, processes, and procedures in Nepal; Demonstrated experience developing Environmental and Social Management Systems (ESMS) for large infrastructure projects. Land Acquisition and Resettlement Specialist (Deputy Team Leader) The general qualifications listed above; An advanced degree in sociology, anthropology, social development, environment planning or a related field; Minimum 15 years of experience in consulting land acquisition and resettlement on infrastructure projects in developing countries; Direct experience with planning and implementation of land acquisition, resettlement, and treatment of indigenous or vulnerable populations under IFC Performance Standards 5 and 7 on large infrastructure projects; Knowledge of the highly diverse and contested social context of Nepal, including gender, caste and ethnic inclusion challenges to equitable resettlement; and Demonstrated experience in institutional, regulatory and or policy strengthening related to resettlement practices in the development context. Nepal-based Environmental and Social Performance, and Stakeholder Engagement Specialists Degree in sociology, anthropology, social development, communications or a related field for social performance and stakeholder engagement specialists; Degree in environmental planning, environmental management, environmental science, environmental engineering, forestry or related field for environmental performance specialists; Minimum 5 years of experience in environmental and social consulting services on infrastructure projects in Nepal; Demonstrated experience developing Stakeholder Engagement Plans (SEPs), consultation, and preparation of grievance mechanisms; A specialist or specialists with demonstrated knowledge of the forestry regulations, processes, and procedures in Nepal; and Knowledge of the highly diverse and contested social context of Nepal, including gender, caste and ethnic inclusion challenges to community consultations and stakeholder engagement. Preferred Criteria: General Preferred Criteria Experience working on Energy and Transportation projects in Nepal Preferred Criteria for Individual Specialists Environmental Impact Assessment / Natural Resource Management Specialist (Team Leader) Knowledge and experience with IFC Performance Standards; and Consulting experience in environmental impact assessment and natural resource management on linear infrastructure projects in Nepal. Land Acquisition and Resettlement Specialist (Deputy Team Leader) Consulting experience in land acquisition and resettlement on linear infrastructure projects in Nepal; and Institutional, regulatory and or policy strengthening related to resettlement practices in Nepal. Nepal-based Environmental and Social Performance, and Stakeholder Engagement Specialists Knowledge and experience with IFC Performance Standards Other requirements: International travel is 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 based on the instructions of the COR/PM. The Consultant is expected to have the necessary computer hardware and software to provide prompt and cost effective consultant services typical to the profession. [1] http://www.ifc.org/wps/wcm/connect/Topics_Ext_Content/IFC_External_Corporate_Site/IFC+Sustainability/Sustainability+Fra mework/Sustainability+Framework+-+2012/Performance+Standards+and+Guidance+Notes+2012/. In addition, MCC may provide such additional guidance to a host country as may be advisable in light of host country norms and international standards, e.g. Environmental, Health and Safety Guidelines of the World Bank Group (2007, or as amended) or WHO guidelines and standards.