Request for Proposals

Issued on: 13 November 2023

Millennium Challenge Account-Indonesia II

on behalf of
The Government of Indonesia

Funded by
The United States of America

through
The Millennium Challenge Corporation

For
Program Management Consultant for Program Administration
Support for all activities in MCA-Indonesia II that include
operation management support and technical advisory services
under the three Compact Projects

Quality and Cost Based Selection (QCBS)

Ref No: IND2-23-4014-QCBS

 Specific Procurement Notice

Jakarta, Indonesia
13 November 2023

Re: Program Management Consultant for Program Administration Support for

all activities in MCA-Indonesia II that include operation management support
and technical advisory services under the three Compact Projects

Ref: IND2-23-4014-QCBS

The United States of America (the “United States”) and the Republic of Indonesia
("Government") signed a Millennium Challenge Compact on April 13, 2023
("Compact"). The Compact, which will include $649 million of grant funding from the
Millennium Challenge Corporation (“MCC”) and a $49 million contribution from the
Government, aims to unlock financing flows in a way that will catalyze economic growth
and leverage Indonesia’s own resources.

The Compact aims to address key root causes of costly and underdeveloped financial
intermediation by improving the financing of infrastructure, particularly transport and
logistics infrastructure, and increasing access to finance for micro-, small and medium
enterprises.

The Compact will support three projects to address the binding constraint of costly and
underdeveloped financial intermediation: the Advancing Transport and Logistics
Accessibility Services (“ATLAS”) Project; the Financial Markets Development Project
(“FMDP”); and the Access to Finance for Women-owned / Micro-, Small and Medium
Enterprises Project (“MSME Finance Project”).

This Request for Proposal (“RFP”) relates to the provision of Program Management
Consultancy Services for Program Administration Support for all activities in MCA-
Indonesia II that include operation management support and technical advisory services
under the three Compact Projects. The PMC will act as a support function, providing the
necessary expertise and assistance to facilitate the successful implementation of the
Compact Program. The PMC’s primary role will be to help MCA-Indonesia II ensure that
all the programs are carried out in a coordinated, cost-effective manner and that the
strategic goals and outcomes of all the programs are achieved. The PMC will help MCA-
Indonesia II to ensure that all of its consultants, contractors and implementing partners
are performing their duties successfully and in accordance with the requirements of the
MCA-Indonesia II Compact Program, including adhering to the environmental, gender,
social safeguard and WEE requirements. The program management tools, services, and
expertise provided by the PMC are intended to support the MCA-Indonesia II, to improve
oversight and coordination across all projects, activities, and sub-activities, and provide
MCA-Indonesia II with greater resource flexibility and responsiveness.

2
In issuing this RFP, the Government is represented by the Millennium Challenge Account
- Indonesia (“MCA-Indonesia II”) to serve as the accountable entity for implementing the
Compact.

The MCA-Indonesia II now invites proposals from legally constituted consulting firms
and other organizations to provide consultant services for the Program Management
Consultant for Program Administration Support for all activities in MCA-
Indonesia II that include operation management support and technical advisory
services under the three Compact Projects (“Proposals”).

More details on these services are provided in the Terms of Reference in Section V of this
RFP.

This RFP follows the General Procurement Notice that appeared in dgMarket on July 14,
2023, and UNDB Online on July 17, 2023.

This RFP is open to all eligible entities (“Consultants”) who wish to respond. Subject to
restrictions noted in the RFP, Consultants may associate with other Consultants to
enhance their capacity to successfully carry out the assignment.

A Consultant will be selected under the Quality and Cost-Based Selection (“QCBS”)
method, an evaluation procedure that is described in sections of the RFP in accordance
with the “MCC Program Procurement Guidelines” provided on the MCC website
([Link]/ppg). The selection process, as described, will include a review and
verification of qualifications and past performance, including a reference check, prior to
the contract award.

The RFP includes the following Sections:

PART 1 – PROPOSAL AND SELECTION PROCEDURES

Section I Instructions to Consultants (“ITC”)
This section provides information to help Consultants prepare their
Proposals; it also provides information on the submission, opening, and
evaluation of Proposals and on the award of the proposed contract.
Section II Proposal Data Sheet (“PDS”)
This section includes provisions that are specific to this procurement and
that supplement Section I, Instructions to Consultants.
Section III Qualification and Evaluation Criteria
This section specifies the qualifications required of the Consultant and the
criteria to be used to evaluate their Proposal.
Section IV A Technical Proposal Forms
This section provides the Technical Proposal Forms that Consultants are to
complete and submit in a separate envelope as part of their total
Proposals.

3
Section IV B Financial Proposal Forms
This section provides the Financial Proposal Forms that Consultants are to
complete and submit in a separate envelope as part of their total
Proposals.
Section V Terms of Reference
This section includes the detailed Terms of Reference that describe the
nature, tasks, and duties of the consulting services to be procured.

PART 2 – CONTRACT FORMS

Section VI General Conditions of Contract (“GCC”)
This section contains the form of Contract proposed to be entered into
between the MCA Entity and Consultant.
Section VII Special Conditions of Contract (“SCC”)
Section VIII Contract Forms and Annexes

Please note that a Pre-Proposal Conference will be held as described in the Proposal Data
Sheet (“PDS”), Section II of the RFP. Attendance at the Pre-Proposal Conference is not
mandatory but is strongly advised for all interested Consultants or their representatives.
Consultants interested in receiving the RFP should follow the link
[Link] and fill in the form to get access to the solicitation
documents as well as access to the link for uploading the proposals.

Proposals must be delivered electronically in the manner specified in the PDS ITC 17, no
later than 3:00pm Jakarta, Indonesia Time (GMT+7), on 10 January 2024. Late
Proposals will not be accepted under any circumstances.

Please note that only electronic Proposals submitted in accordance with PDS ITC 17
shall be accepted. Proposals submitted in hard copy or by email and late Proposals
will not be accepted under any circumstances.

Yours sincerely,

…………………………………….
Maurin Sitorus
Executive Director, MCA-Indonesia II

4
PART 1 SELECTION PROCEDURES...................................................................7

Section I. Instructions to Consultants (ITC)......................................................................................... 8

A. General..........................................................................................................................10
B. Contents of RFP............................................................................................................21
C. Preparation of Proposals...............................................................................................23
D. Submission and Opening of Proposals.........................................................................28
E. Evaluation of Proposals................................................................................................33
F. Award of Contract.........................................................................................................38

Section II. Proposal Data Sheet.......................................................................................................... 42

A. General..........................................................................................................................42
B. Contents of the RFP......................................................................................................43
C. Preparation of Proposals...............................................................................................43
D. Submission and Opening of Proposals.........................................................................44
E. Evaluation of Proposals……………………………………………………………………………………………44
F. Award of Contract.........................................................................................................46

Section III. Qualification and Evaluation Criteria..............................................................................47

Section IV A. Technical Proposal Forms (TPF)..................................................................................58

Form TECH-1. Technical Proposal Submission Form...........................................................................59
Form TECH-2A. Financial Capacity of the Consultant............................................................................62
Form TECH-2B. Current and Past Proceedings, Litigation, Arbitration, Actions, Claims, Investigations
and Disputes of the Consultant..................................................................................................................63
Form TECH-3. Organization of the Consultant.....................................................................................64
Form TECH-4. Experience of the Consultant........................................................................................65
Form TECH-5. References of MCC-Funded Contracts.........................................................................69
Form TECH-6. Description of Approach, Methodology and Work Plan for Performing the Assignment
70
Form TECH-7. Comments and Suggestions on the Terms of Reference & Assignment.......................72
Form TECH-8. Team Composition and Task Assignments...................................................................73
Form TECH-9. Staffing Schedule (Key Professional Personnel and Support Staff) ............................75
Form TECH-10. Work and Deliverables Schedule.................................................................................76
Form TECH-11. Curriculum Vitae (CV) for Proposed Key Professional Personnel...............................79
Form TECH-12. Compliance With Sanctions Certification Form...........................................................81

Section IV B. Financial Proposal Forms............................................................................................. 88

Form FIN-1. Financial Proposal Submission Form...........................................................................89
Form FIN-2. Price Summary..............................................................................................................91
Form FIN-3. Breakdown of Price by Activity....................................................................................92
Form FIN-4. Breakdown of Remuneration........................................................................................94

Section V. Terms of Reference (ToR).................................................................................................. 98

PART 2 CONTRACT DOCUMENTS.................................................................183

Section VI. General Conditions of Contract.....................................................................................184

Section VII. Special Conditions of Contract (SCC)..........................................................................219

Section VIII. Contract Forms and Annexes......................................................................................225
Notification of Award..............................................................................................................................226
CONTRACT AGREEMENT..................................................................................................................227
ANNEXES TO CONTRACT..................................................................................................................229
Annex A: Description of Services...........................................................................................................230
Annex B: Additional Provisions..............................................................................................................231
Annex C: Reporting Requirements..........................................................................................................232
Annex D: Key Professional Personnel and Sub-Consultants..................................................................233
Annex E: Breakdown of Contract Price in US Dollars...........................................................................234
Annex F: Breakdown of Contract Price in Local Currency....................................................................235
Annex G: Services and Facilities to be Provided by the MCA Entity.....................................................236
Annex H: Compliance with Sanctions Certification Form......................................................................237
Annex I: Self-Certification Form for Consultants/Contractors/Suppliers...............................................245
Annex J: Code of Business Ethics and Conduct Certification Form.......................................................247

6
 PART 1
SELECTION PROCEDURES

7
Section I. Instructions to Consultants (ITC)

SECTION I. INSTRUCTIONS TO CONSULTANTS (ITC)

A. General 10
1. Scope of RFP 12
2. Source of Funds 13
3. Fraud and Corruption 13
4. Environmental and Social Requirements 16
5. Eligible Consultants 17
6. Origin of Goods and Consulting Services 21
B. Contents of RFP 21
7. Sections of RFP 21
8. Clarification of RFP 22
9. Amendment of the RFP 23
C. Preparation of Proposals 23
10. Cost of Proposal 23
11. Language of Proposal 23
12. Preparation of Proposal 24
13. Taxes 27
14. Only One Proposal 27
15. Currencies of Proposal 27
16. Period of Proposal Validity 27
D. Submission and Opening of Proposals 28
17. Proposal Submission 28
18. Deadline for Submission of Proposals 31
19. Late Proposals 31
20. Withdrawal, Substitution, and Modification of Proposals 31
21. Proposal Opening 32
E. Evaluation of Proposals 33
22. Confidentiality 33
23. Clarification of Proposals 33
24. Evaluation of Technical Proposals 34
25. Evaluation of Financial Capacity 34
26. Past Performance and Reference Check 37
27. MCA Entity’s Right to Accept Any Proposal, and to Reject Any or all Proposals 38
F. Award of Contract 38

8
Section I. Instructions to Consultants (ITC)

28. Notice of Evaluation Results 38

29. Negotiations 38
30. Bid Challenges 40
31. Signing of Contract 40
32. Return of Unopened Financial Proposals 40
33. Notice of Award of Contract 40
34. Commencement Date 40
35. Inconsistencies with MCC Program Procurement Guidelines 40
36. Applicable Compact Conditions 40

9
Section I. Instructions to Consultants (ITC)

Instruction to Consultants
A. General
In Part 1 (Proposal and Selection Procedures) of this Request for Proposals, the
following words and expressions shall have the meanings stated. These definitions shall
not apply to any words or expressions in the sections that make up Part 2 (Contract
Documents) of this RFP, in which such words and expressions shall have the meanings
stated in GCC Sub-clauses 1.1 and 2.1 unless otherwise specified.
(a) “Addendum” or “Addenda” means a modification to this RFP
issued by the MCA Entity.
(b) “Associate” means any entity that is a member of the
Association that forms the Consultant. A Sub-Consultant is
not an Associate.
(c) “Association” or “association” or “Joint Venture” or “joint
venture” means an association of entities that forms the
Consultant, with or without a legal status distinct from that
of its members.
(d) “Compact” means the Millennium Challenge Compact
Agreement identified in the PDS.
(e) “Compact Development Funding Agreement” or “CDF
Agreement” means the Compact Development Funding
Agreement identified in the PDS.
(f) “confirmation” means confirmation in writing.
(g) “Consultant” means any legal entity that may provide or
provides the Services to the MCA Entity under the Contract.
(h) “Contract” means the contract proposed to be entered into
between the MCA Entity and the Consultant, including all
attachments, annexes, and all documents incorporated by
reference therein, a form of which is included in Part 2 of
this RFP.
(i) “days” refers to calendar days.
(j) “FBS” means Fixed Budget Selection method as defined in the
MCC PPG.
(k) "Financial Proposal" has the meaning given the term in ITC
Sub-clause 12.11.
(l) “Fiscal Agent” means any entity that provides services to the
MCA Entity under the terms of the Fiscal Agent Agreement.
(m) “GCC” means the General Conditions of Contract.
(n) “Government” means the Government identified in the PDS.

10
Section I. Instructions to Consultants (ITC)

(o) “IFC Performance Standards” means the International Finance

Corporation’s Performance Standards on Environmental and
Social Sustainability.
(p) “Implementing Entity”: means a Government affiliate
identified in the PDS engaged by the MCA Entity for the
purposes of Compact implementation.
(q) “Instructions to Consultants” or “ITC” means Section I of this
RFP, including any amendments, which provides
Consultants with all information needed to prepare their
Proposals.
(r) “in writing” means communicated in written form (e.g., by
paper, mail, facsimile, e-mail or other electronic means).
(s) "Key Professional Personnel" means the Key Professional
Personnel identified pursuant to ITC Sub-clause 12.5(d).
(t) “LCS” means Least Cost Selection method as defined in the
MCC PPG.
(u) “Millennium Challenge Corporation” or “MCC” means a
United States Government corporation, acting on behalf of
the United States Government.
(v) “MCA Entity” or “Client” or “MCA-Indonesia II” means the
accountable entity designated by the Government to
implement the Compact, identified in the PDS.
(w) “MCC Funding” means the funding MCC has made available to
the Government pursuant to the terms of the CDF
Agreement and the Compact.
(x) “MCC’s AFC Policy” has the meaning provided in ITC Clause
3.
(y) “MCC Counter-Trafficking in Persons Policy” means the policy
identified in ITC Clause 4.
(z) “MCC Gender Policy” means the MCC Gender Policy and its
amendments updated from time to time on the MCC website
at [Link]
(aa)“MCC Program Procurement Guidelines” or “MCC PPG”
means the MCC Program Procurement Guidelines and its
amendments posted from time to time on the MCC website
at [Link]/ppg.
(bb) “PDS” means the Proposal Data Sheet, in Section II of this
RFP, used to reflect specific requirements and/or assignment
conditions.
(cc)“Personnel” means Key Professional Personnel and additional

11
 Section I. Instructions to Consultants (ITC)

staff provided by the Consultant, or by any Sub-Consultants,

or Associates that are assigned to perform the Services or
any part thereof.
(dd) "Pre-Proposal Conference" means the pre-proposal
conference specified in PDS ITC Clause 1.4, if any.
(ee) “Proposal” means the Technical Proposal and the Financial
Proposal for the provision of the Services submitted by a
Consultant in response to this RFP.
(ff) “QBS” means Quality-Based Selection method as defined in the
MCC PPG.
(gg) “QCBS” means Quality and Cost-Based Selection method
as defined in the MCC PPG.
(hh) “RFP” means this Request for Proposals, including any
amendments that may be made, prepared by the MCA Entity
for the selection of the Consultant.
(ii) “SCC” means the Special Conditions of Contract.
(jj) “Services” means the tasks to be performed by the Consultant
pursuant to the Contract.
(kk) Sexual harassment is defined in the Guidance Note to
MCAs on Sexual Harassment available at [Link].
(ll) “Sub-Consultant” means any person or legal entity with whom
the Consultant subcontracts any part of the Services.
(mm) “Taxes” has the meaning given the term in the Compact.
(nn) “TEP” means the Technical Evaluation Panel, selected for
the purpose of evaluating the Proposals received, that
submits a report with recommendation for award of the
Contract for which this RFP is being issued.
(oo) "Technical Proposal" has the meaning given the term in ITC
Sub-clause 12.5.
(pp) “Terms of Reference” or “TOR” means the document
included in this RFP as Section V, which explains the
objectives; scope of work; activities; tasks to be performed,
respective responsibilities of the MCA Entity and the
Consultant; and expected results and deliverables of the
assignment.
(qq) “Trafficking in Persons” or “TIP” has the meaning given to
the term in the MCC Program Procurement Guidelines.
2. The MCA Entity will select a Consultant in accordance with
1. Scope of RFP
the selection method specified in the PDS
3. Throughout this RFP if the context so requires, words

12
 Section I. Instructions to Consultants (ITC)

indicating the singular also include the plural and vice

versa, and the feminine means the masculine and vice versa.
4. Consultants are invited to submit a Technical Proposal and
a Financial Proposal for consulting services required for
this assignment as named in the PDS. The Proposal will be
the basis for contract negotiations and ultimately for a
signed Contract with the selected Consultant.
5. Consultants should familiarize themselves with local
conditions and take them into account in preparing their
Proposals. To obtain first-hand information on the
assignment and local conditions, Consultants are
encouraged to attend a Pre-Proposal Conference if one is
specified in the PDS. Attending any Pre-Proposal
Conference is strongly advised, but not mandatory.
Attending any Pre-Proposal Conference and/or a site visit
shall not be taken into account for the purpose of evaluation
of Proposals.
6. The MCA Entity will timely provide, at no cost to the
Consultant, the inputs and facilities specified in the PDS,
assist the firm in obtaining licenses and permits needed to
carry out the Services, and make available relevant project
data and reports. No other inputs will be provided.
Therefore, a Consultant shall plan to cover all incurred
expenses that may be foreseen to initiate and sustain the
Services in a timely manner, including but not limited to
office space, communication, insurance, office equipment,
travel, etc. not otherwise specified in the PDS.
7. The MCA Entity is not bound to accept any Proposal and
reserves the right to cancel the procurement at any time
prior to Contract award, without thereby incurring any
liability to any Consultant.
8. Source of Funds 9. The United States of America, and the Government signed
the Compact on April 13, 2023. The Government, acting
through the MCA Entity, intends to apply a portion of the
MCC Funding to eligible payments under the Contract. Any
payments made under the Contract with MCC Funding will
be subject, in all respects, to the terms and conditions of the
CDF Agreement, Compact, and related documents,
including restrictions on the use and distribution of MCC
Funding. No party other than the Government and the MCA
Entity shall derive any rights from the CDF Agreement or
Compact, or have any claim to any proceeds of MCC
Funding. The CDF Agreement, Compact, and its related
documents can be found on the MCC website
([Link]) or on the website of the MCA Entity.
10. Fraud and 11. MCC requires that all beneficiaries of MCC Funding,

13
Section I. Instructions to Consultants (ITC)

Corruption including the MCA Entity and any applicants, Bidders,

Suppliers, contractors, Subcontractors, consultants, and
sub-consultants under any MCC-funded contracts, observe
the highest standards of ethics during the procurement
and execution of such contracts. MCC’s Policy on
Preventing, Detecting and Remediating Fraud and
Corruption in MCC Operations (“MCC’s AFC Policy”) is
applicable to all procurements and contracts involving MCC
Funding and can be found on the MCC website. This Policy
requires that companies and entities receiving MCC funds
acknowledge notice of MCC’s AFC Policy and certify to the
MCA Entity that they have acceptable commitments and
procedures in place to address the potential for fraud and
corruption.
(a) For the purposes of these provisions, the terms set forth
below are defined as follows
(i) “coercion” means impairing or harming, or
threatening to impair or harm, directly or indirectly,
any party or the property of any party, to influence
improperly the actions of a party in connection with
the implementation of any contract supported, in
whole or in part, with MCC Funding, including such
actions taken in connection with a procurement
process or the execution of a contract;
(ii) “collusion” means a tacit or explicit agreement
between two or more parties to engage in coercion,
corruption, fraud, obstruction of investigation into
allegations of fraud or corruption, or a prohibited
practice, including any such agreement designed to
fix, stabilize, or manipulate prices or to otherwise
deprive the MCA Entity of the benefits of free and
open competition.
(iii)“corruption” means the offering, giving, receiving, or
soliciting, directly or indirectly, of anything of value
to influence improperly the actions of a public
official, MCA Entity staff, MCC staff, consultants, or
employees of other entities engaged in work
supported, in whole or in part, with MCC Funding,
including such work involving taking or reviewing
selection decisions, otherwise advancing the selection
process or contract execution, or the making of any
payment to any third party in connection with or in
furtherance of a contract;
(iv)“fraud” means any act or omission, including any

14
Section I. Instructions to Consultants (ITC)

misrepresentation, that knowingly or recklessly

misleads or attempts to mislead a party in order to
obtain a financial or other benefit in connection with
the implementation of any contract supported, in
whole or in part, with MCC Funding, including any
act or omission designed to influence (or attempt to
influence) a selection process or the execution of a
contract, or to avoid (or attempt to avoid) an
obligation;
(v) “obstruction of investigation into allegations of
fraud or corruption” means any act taken in
connection with the implementation of any contract
supported, in whole or in part, with MCC funding: (a)
that results in the deliberate destroying, falsifying,
altering or concealing of evidence or making false
statement(s) to investigators or any official in order to
impede an investigation into allegations of coercion,
collusion, corruption, fraud, or a prohibited practice;
or (b) that threatens, harasses, or intimidates any party
to prevent him or her from either disclosing his or her
knowledge of matters relevant to an investigation or
from pursuing the investigation; or (c) that is intended
to impede the conduct of an inspection and/or the
exercise of audit rights of MCC and/or the Office of
the Inspector General (OIG) responsible for MCC
provided under the CDF Agreement, Compact, or
related agreements
(vi)“prohibited practice” means any action that violates
Section E (Compliance with Anti-Corruption
Legislation), Section F (Compliance with Anti-Money
Laundering Legislation), and Section G (Compliance
with Terrorist Financing Legislation and Other
Restrictions) of the Annex of Additional Provisions
that will be made a part of MCC-funded contracts.
(rr) The MCA Entity will reject a Proposal (and MCC will
deny approval of a proposed Contract award) if it
determines that the Consultant recommended for award
has, directly or through an agent, engaged in coercion,
collusion, corruption, fraud, obstruction of investigation
into allegations of fraud or corruption, or prohibited
practices in competing for the Contract.
(ss)MCC and the MCA Entity have the right to sanction a
Consultant, including declaring the Consultant ineligible,
either indefinitely or for a stated period of time, to be
awarded any MCC-funded contract if at any time either

15
 Section I. Instructions to Consultants (ITC)

MCC or the MCA Entity determines that the Consultant

has, directly or through an agent, engaged in coercion,
collusion, corruption, fraud, obstruction of investigation
into allegations of fraud or corruption, or prohibited
practices in competing for, or in executing, such a
contract.
(tt) MCC and the MCA Entity have the right to require that a
provision be included in the Contract requiring the
selected Consultant to permit the MCA Entity, MCC, or
any designee of MCC, to inspect the Consultant’s, or any
of the Consultant’s suppliers or Sub-Consultants on the
Contract, accounts, records and other documents relating
to the submission of its Proposal or performance of the
Contract and to have such accounts, records and other
documents audited by auditors appointed by MCC or by
the MCA Entity with the approval of MCC.
(uu) In addition, MCC has the right to cancel any portion
of the MCC Funding allocated to the Contract if it
determines at any time that any representative of a
beneficiary of MCC Funding engaged in coercion,
collusion, corruption, fraud, obstruction of investigation
into allegations of fraud or corruption, or prohibited
practices during the selection process or the execution of
any MCC-funded Contract, without the MCA Entity
having taken timely and appropriate action satisfactory
to MCC to remedy the situation.
12. Environmental and
Social
Requirements
13. MCC has a zero tolerance policy with regard to Trafficking
Trafficking in Persons
in Persons (“TIP”). TIP is the crime of using force, fraud,
and/or coercion to exploit another person. TIP can take the
form of domestic servitude, peonage, forced labor, sexual
servitude, bonded labor, and the use of child soldiers. This
practice deprives people of their human rights and
freedoms, increases global health risks, fuels growing
networks of organized crime, and can sustain levels of
poverty and impede development. MCC is committed to
working with partner countries to ensure appropriate steps
are taken to prevent, mitigate, and monitor TIP risks in the
countries it partners with and projects it funds.
14. The Additional Provisions (Annex A of the Contract) of this
RFP may set out certain prohibitions, Consultant
requirements, remedies and other provisions that will be
made a binding part of any Contract that may be entered

16
 Section I. Instructions to Consultants (ITC)

into. As such, those provisions, if included, should be given

careful consideration.
15. Additional information on MCC’s requirements aimed at
combating TIP can be found in MCC Counter-Trafficking in
Persons Policy (“C-TIP Policy”) that can be found on
MCC’s website
([Link]
trafficking-in-persons-policy). All contracts funded by
MCC are required to comply with MCC’s C-TIP Policy’s
Minimum Compliance Requirements. Contracts for projects
categorized by MCC as high-risk for TIP are required to
implement a TIP Risk Management Plan (which is to be
developed by the MCA Entity and implemented by the
Consultant).
MCC Environmental 16. The Consultant shall ensure that its activities, including any
Guidelines and IFC activities carried out by Sub-consultants, under the Contract
Performance comply with MCC’s Environmental Guidelines (which are
Standards available at [Link] and are not “likely to
cause a significant environmental, health, or safety hazard”
as defined in such Environmental Guidelines. The
Consultant is also required to comply with IFC
Performance Standards for the purposes of this contract.
Additional information on the IFC Performance Standards
can be found here:
[Link]
_external_corporate_site/sustainability-at-ifc/policies-
standards/performance-standards.
18. The eligibility criteria set forth in this section will apply to
17. Eligible
the Consultant, including all parties constituting the
Consultants
Consultant, for any part of the Contract, including related
services.
19. A Consultant may be a private entity, certain government-
owned entities (in accordance with MCC Program
Procurement Guidelines as described in ITC Sub-clause
5.6), or any combination of such entities supported by a
letter of intent to enter into an agreement or under an
existing agreement of association in the form of a joint
venture or other association.
20. A Consultant, all parties constituting the Consultant, and
any Sub-consultants for any part of the Contract, including
related services, may have the nationality of any country,
subject to the nationality restrictions specified in this ITC
Clause 5. An entity will be deemed to have the nationality
of a country if such entity is constituted, incorporated, or
registered in, and operates in conformity with, the

17
 Section I. Instructions to Consultants (ITC)

provisions of the laws of that country.

21. Consultants must also satisfy the eligibility criteria
contained in the MCC PPG governing MCC-funded
procurements under the CDF Agreement or Compact, as
applicable. In the case where a Consultant intends to join
with an associate or sub-contract part of the Contract, then
such associate shall also be subject to the eligibility criteria
set forth in this RFP and the MCC PPG.
5.5 No full-time key professional personnel of a Consultant
currently contracted by any MCA-Entity shall be proposed
to work as, or on behalf of, any Consultant. In the case
where a Consultant seeks to engage such full-time key
professional personnel, it should seek the written approval
from the MCA Entity for the inclusion of such a person,
prior to the Consultant’s submission of its Proposal.
5.6. Government-Owned Enterprises (“GOEs”) are not eligible
Government-Owned
to compete for MCC-funded contracts for goods (which
Enterprises
includes contracts for the supply and installation of
information systems) or works. GOEs (a) may not be party to
any MCC-funded contract for goods or works procured
through an open solicitation process, limited bidding, direct
contracting, or sole source selection; and (b) may not be
prequalified or shortlisted for any MCC-funded contract for
goods or works anticipated to be procured through these
means. This prohibition does not apply to Government-owned
Force Account units owned by the Government of the MCA
Entity’s country, or Government-owned educational
institutions and research centers, any statistical, mapping or
other technical entities not formed primarily for a commercial
or business purpose, or where a waiver is granted by MCC in
accordance with Part 7 of MCC Program Procurement
Guidelines. All Consultants must certify their status as part of
their proposal submission.
22. In the case where a Consultant is, or proposes to be, a joint
Joint Ventures or
venture or other Association (a) all members of the joint
Associations
venture or Association must satisfy the legal, financial,
litigation, eligibility and other requirements set out in this
RFP; (b) all members of the joint venture or Association
will be jointly and severally liable for the execution of the
Contract; and (c) the joint venture or Association will
nominate a representative who will have the authority to
conduct all business for and on behalf of any and all the
members of the joint venture or the Association if awarded
the Contract, during Contract performance.

18
 Section I. Instructions to Consultants (ITC)

Conflict of Interest 23. A Consultant shall not have a conflict of interest. All
Consultants found to have a conflict of interest shall be
disqualified unless the conflict of interest has been
mitigated and the mitigation is approved by MCC. The MCA
Entity requires that Consultants hold the MCA Entity’s
interests paramount at all times, strictly avoid conflicts of
interest, including conflicts with other assignments or their
own corporate interests, and act without any consideration
for future work. Without limitation on the generality of the
foregoing, a Consultant, including all parties constituting
the Consultant and any Sub-Consultants and suppliers for
any part of the Contract, including related services, and
their respective Personnel and affiliates, may be considered
to have a conflict of interest and disqualified or terminated
if they:
(a) have at least one controlling partner in common with one
or more other parties in the process contemplated by this
RFP; or
(vv) have the same legal representative as another
Consultant for purposes of this Proposal; or
(ww) have a relationship, directly or through common
third parties, that puts them in a position to have access
to information about or influence over the Proposal of
another Consultant, or influence the decisions of the
MCA Entity regarding the selection process for this
procurement; or
(xx) participate in more than one Proposal in this process;
participation by a Consultant in more than one Proposal
will result in the disqualification of all Proposals in
which the party is involved; however, this provision does
not limit the inclusion of the same Sub-Consultant in
more than one Proposal; or
(yy) are themselves, or have a business or family
relationship with, (i) a member of the MCA Entity’s
board of directors or staff, (ii) the project’s implementing
entity’s staff, or (iii) the Procurement Agent, Fiscal
Agent, or Inspector General (as defined in the CDF
Agreement, the Compact, or related agreements) hired
by the MCA Entity in connection with the CDF
Agreement or the Compact, any of whom is directly or
indirectly involved in any part of (A) the preparation of
this RFP, (B) the selection process for this procurement,

19
 Section I. Instructions to Consultants (ITC)

or (C) supervision of the Contract, unless the conflict

stemming from this relationship has been resolved in a
manner acceptable to MCC; or
(zz) any of their affiliates have been or, at present, are
engaged by the MCA Entity in the capacity of the
Implementing Entity, Procurement Agent, Fiscal Agent,
or Inspector General under the CDF Agreement or the
Compact.
24. A Consultant that has been engaged by the MCA Entity to
provide goods, works or services other than consulting
services for a project, and any of its affiliates, shall be
disqualified from providing consulting services related to
those goods, works or services. Conversely, a Consultant
hired to provide consulting services for the preparation or
implementation of a project, and any of its affiliates, shall
be disqualified from subsequently providing goods, works
or services other than consulting services resulting from or
directly related to such consulting services for such
preparation or implementation. For example, a Consultant
hired to prepare terms of reference for an assignment
should not be hired for the assignment in question. For the
purpose of this paragraph, services other than consulting
services are defined as those leading to a measurable
physical output, for example surveys, exploratory drilling,
aerial photography, and satellite imagery.
25. Consultants have an obligation to disclose any situation of
actual or potential conflict that impacts their capacity to
serve the best interest of the MCA Entity, or that may be
reasonably perceived as having this effect. Failure to
disclose said situations may lead to the disqualification of
the Consultant or the termination of the Contract.
Government 26. The following restrictions shall apply (in each case subject
Employees to the limited exception set forth in ITC Sub-Clause 5.10(f)
below):
(a) No member of the MCA Entity’s board of directors or
current employees of the MCA Entity (whether part
time, or full time, paid or unpaid, in leave status, etc.)
shall be proposed or work as, or on behalf of, any
Consultant.
(aaa) Except as provided in ITC Sub-clause 5.10(d), no
current employees of the Government shall work as
Consultants or as Personnel under their own ministries,

20
 Section I. Instructions to Consultants (ITC)

departments or agencies.
(bbb) Recruiting former MCA Entity or Government
employees to perform services for their former
ministries, departments or agencies is acceptable
provided no conflict of interest exists.
(ccc) If a Consultant proposes any Government employee
as Personnel in their Technical Proposal, such Personnel
must have written certification from the Government
confirming that: (i) they will be on leave without pay
from the time of their official Proposal submission and
will remain on leave without pay until the end of their
assignment with the Consultant and they are allowed to
work full-time outside of their previous official position;
or (ii) they will resign or retire from Government
employment on or prior to the Contract award date.
Under no circumstances shall any individuals described
in (i) and (ii) be responsible for approving the
implementation of this Contract. Such certification shall
be provided to the MCA Entity by the Consultant as part
of its Technical Proposal.
(ddd) No employee of any MCC-funded accountable entity
in any other country that is responsible for managing or
administering any contract, grant, or other agreement
between the Consultant and such other MCC-funded
accountable entity shall be proposed or work as, or on
behalf of, the Consultant.
(eee) In the case where a Consultant seeks to engage the
services of any person falling under ITC Sub-clauses
5.10(a) – 5.10(e), who may have left the MCA Entity (or
such other MCC-funded accountable entity, as the case
may be) within a period of less than twelve (12) months
of the date of this RFP, it must obtain a “no-objection”
from the MCA Entity for the inclusion of such a person,
prior to the Consultant’s submission of its Proposal. The
MCA Entity must also obtain a “no-objection’ from
MCC before replying to the Consultant on any related
correspondence.
Ineligibility and 27. A Consultant, all parties constituting the Consultant, and
Debarment any Sub-Consultants and suppliers for any part of the
Contract, including related services, and their respective
Personnel and affiliates, will not be any person or entity
under (a) a declaration of ineligibility for engaging in
coercion, collusion, corruption, fraud, obstruction of

21
 Section I. Instructions to Consultants (ITC)

investigation into allegations of fraud or corruption or

prohibited practices as contemplated by ITC Sub-clause 3.1
above, or (b) that has been declared ineligible for
participation in a procurement in accordance with the
procedures set out in Part 10 of MCC Program
Procurement Guidelines (Eligibility Verification Procedures)
that can be found on MCC’s website at [Link]/ppg.
This would also remove from eligibility for participation in
this procurement any entity that is organized in, or has its
principal place of business or a significant portion of its
operations in, any country that is subject to sanctions or
restrictions by law or policy of the United States.
28. A Consultant, all parties constituting the Consultant, and
any Sub-Consultants and suppliers for any part of the
Contract, including related services, and their respective
Personnel and affiliates not otherwise made ineligible for a
reason described in this ITC Clause 5 will nonetheless be
excluded if:
(a) as a matter of law or official regulation, the Government
prohibits commercial relations with the country of the
Consultant (including any Associates, Sub-Consultants,
and suppliers and any respective affiliates); or
(fff) by an act of compliance with a decision of the United
Nations Security Council taken under Chapter VII of the
Charter of the United Nations, the Government prohibits
any import of goods from the country of the Consultant
(including any Associates, Sub-Consultants, and
suppliers and any respective affiliates) or any payments
to entities in such country; or
(ggg) such Consultant, any parties constituting the
Consultant, any Sub-Consultant or supplier or their
respective Personnel or affiliates are otherwise deemed
ineligible by MCC pursuant to any policy or guidance
that may, from time to time, be in effect as posted on
MCC’s website.
29. Consultants shall provide such evidence of their continued
Evidence of Continued
eligibility in a manner satisfactory to the MCA Entity, as the
Eligibility
MCA Entity shall reasonably request.
30. If a Consultant could derive an unfair competitive
Unfair Advantage
advantage from having provided consulting services related
to the assignment in question, the MCA Entity shall make
available to all Consultants, together with this RFP, all
information that would in that respect give such Consultant

22
 Section I. Instructions to Consultants (ITC)

any unfair competitive advantage over competing

Consultants.
31. Consultants will furnish information on commissions and
Commissions and
gratuities, if any, paid or to be paid relating to this
Gratuities
procurement or its Proposal and during performance of the
Contract if the Consultant is awarded the Contract, as
requested in this RFP.
33. Goods supplied and consulting services provided under the
32. Origin of Goods
Contract may originate from any country, subject to the
and Consulting
same restrictions specified for Consultants (including their
Services
Associates, if any), their Personnel and Sub-Consultants set
forth in ITC Clause 5.
B. Contents of RFP
35. This RFP consists of Parts 1 and 2, which include all the
34. Sections of RFP
sections indicated below and should be read in conjunction
with any Addenda issued in accordance with ITC Clause 9.
Part 1 Selection Procedures
 Section I. Instructions to Consultants (ITC)
 Section II. Proposal Data Sheet (PDS)
 Section III. Qualification and Evaluation Criteria
 Section IV A. Technical Proposal Forms
 Section IV B. Financial Proposal Forms
 Section V. Terms of Reference
Part 2 Contract Documents
 Section VI. General Conditions of Contract (GCC)
 Section VII. Special Conditions of Contract (SCC)
 Section VIII. Contract Forms and Annexes
36. The Letter of Invitation Requesting Proposals issued by the
MCA Entity is not part of the RFP.
37. Unless obtained directly from the MCA Entity, the MCA
Entity is not responsible for the completeness of this RFP,
responses to requests for clarification, the Minutes of the
Pre-Proposal Conference (if any), or Addenda to the RFP. In
case of any contradiction, documents obtained directly from
the MCA Entity shall prevail.
38. The Consultant is expected to examine all instructions,
forms, terms, and Terms of Reference in this RFP. Failure to
furnish all information or documentation required by this
RFP may result in the rejection of the Proposal.
40. A prospective Consultant requiring any clarification of this
39. Clarification of RFP shall contact the MCA Entity in writing, at the MCA
RFP Entity’s address indicated in the PDS. The MCA Entity
will respond in writing to any request for clarification,
provided that such a request is received no later than the
date indicated in the PDS prior to the deadline for

23
 Section I. Instructions to Consultants (ITC)

submission of Proposals. The MCA Entity shall send

written copies of the responses, including a description of
the inquiry but without identifying its source, to all
shortlisted Consultants or Consultants who have registered
or obtained the RFP directly from the MCA Entity, as the
case may be, by the date specified in the PDS. The MCA
Entity will also post a copy of the responses and inquiry
descriptions to the MCA Entity’s website, if one exists.
Should the clarification result in changes to the essential
elements of this RFP, the MCA Entity shall amend this RFP
following the procedure under ITC Clause 9 and Sub-clause
18.2.
41. The Consultant’s designated representative is invited to
attend a Pre-Proposal Conference, if provided for in PDS
ITC Clause 1.4. The purpose of the conference will be to
clarify issues and to answer questions on any matter that
may be raised at that stage. The cost of attending the Pre-
Proposal Conference and/or Site Visit shall be at the
Consultant’s own expense.
42. Minutes of the Pre-Proposal Conference, including the text
of the questions and answers pertaining to the Conference,
without identifying the source, will be posted on the MCA
Entity’s website if one exists, and shall be transmitted in
writing to all shortlisted Consultants or Consultants who
have registered or obtained the RFP directly from the MCA
Entity, as the case may be. Any modification to this RFP
that may become necessary as a result of the Pre-Proposal
Conference shall be made by the MCA Entity exclusively
through the issue of an Addendum and not through the
minutes of the Pre-Proposal Conference.
44. At any time prior to the deadline for submission of
43. Amendment of the Proposals, the MCA Entity may amend this RFP by issuing
RFP Addenda.
45. All Addenda issued shall be part of this RFP and shall be
communicated in writing to all shortlisted Consultants or
Consultants who have registered or obtained the RFP
directly from the MCA Entity, and posted on the MCA
Entity’s website, if one exists.
46. To give prospective Consultants reasonable time in which
to take an Addendum into account in preparing their
Proposals, the MCA Entity may extend the deadline for the
submission of Proposals at its sole discretion.
C. Preparation of Proposals
48. Except as otherwise provided in the PDS, the Consultant
47. Cost of Proposal
shall bear all costs associated with the preparation and
submission of its Proposal, and the MCA Entity shall not be

24
 Section I. Instructions to Consultants (ITC)

responsible or liable for those costs, regardless of the

conduct or outcome of the Proposal process.
50. The Proposal, as well as all correspondence and documents
49. Language of
relating to the Proposal exchanged by the Consultant and
Proposal
the MCA Entity, shall be written in the language specified
in the PDS. Supporting documents and printed literature
that are part of the Proposal may be in another language
provided they are accompanied by an accurate translation of
the relevant passages into the language specified in the
PDS, in which case, for purposes of interpretation of the
Proposal, such translation shall govern.
52. In preparing their Proposal, Consultants are expected to
51. Preparation of examine in detail the documents comprising the RFP.
Proposal Failure to provide the information requested may result in
rejection of a Proposal.
53. In addition to the requirements above, Proposals submitted
by a joint venture or other association shall include a copy
of the joint venture/Association agreement entered into by
all members. Alternatively, a letter of intent to execute a
joint venture/Association agreement shall be signed by all
members and submitted with the Proposal, together with a
copy of the proposed agreement.
54. If there is a change in the legal structure of the Consultant
after the Proposal submission, the Consultant is required to
immediately inform the MCA Entity. However, any change
of legal structure shall not be used to satisfy a qualification
requirement that was not satisfied as of the deadline of
Proposal submission.
55. While preparing the Technical Proposal, Consultants must
give particular attention to the following:
(a) In the case where there has been no shortlisting of
Consultants, if a Consultant considers that it may
enhance its expertise for the assignment, it may associate
with another Consultant. In the case where a Consultant
is, or proposes to be, a joint venture or other association
(i) all members of the joint venture or Association must
satisfy the legal, financial, litigation and other
requirements set out in this RFP; (ii) all members of the
joint venture or Association will be jointly and severally
liable for the execution of the Contract; and (iii) the joint
venture or Association will indicate the authorized
representative who will have the authority to conduct all
business for and on behalf of any and all the members of
the joint venture or the Association during the bidding
process and, in the event the joint venture or Association
is awarded the Contract, during Contract performance.

25
 Section I. Instructions to Consultants (ITC)

(hhh) In the case where there has been shortlisting of

Consultants, if a shortlisted Consultant considers that it
may enhance its expertise for the assignment by
associating with other Consultants in a joint venture or
Sub-Consultancy, it may associate with either (a) non-
shortlisted Consultant(s), or (b) shortlisted Consultant(s)
if so indicated in the PDS. A shortlisted Consultant
must first obtain the approval of the MCA Entity if it
wishes to enter into a joint venture with non-shortlisted
or shortlisted Consultant(s). In case of association with
non-shortlisted Consultant(s), the shortlisted Consultant
shall act as the authorized representative of the
association. In case of a joint venture, all partners shall
be jointly and severally liable and shall indicate who will
act as the leader of the joint venture.
(iii) The RFP may provide either, but never both, the
estimated budget or the estimated level of effort of key
staff. The estimated budget or the estimated number of
person-months for Key Professional Personnel envisaged
to execute the assignment may be provided in the PDS.
However, the evaluation of the Proposal shall be based
on the price and number of person-months estimated by
each Consultant in its respective Proposal.
(jjj) For FBS-based assignments, the available budget is
provided in the PDS and the Financial Proposal shall
not exceed this budget, while the estimated number of
Professional staff-months shall not be disclosed.
(kkk) Alternative Key Professional Personnel shall not be
proposed, and only one curriculum vitae (“CV”) may be
submitted for each position indicated in the TOR.
56. Consultants are required to submit a Technical Proposal,
Technical and
which shall provide the information indicated in the
Financial Proposal
following paragraphs (a) through (g) using the standard
Format and Content
forms provided in Section IV A (the “Technical Proposal”).
A page is considered to be one printed side of A4 or US
letter-size paper.
(a) Information on the Consultant’s financial capacity is
required (Form TECH-2A of Section IV A) unless
otherwise stated in the PDS. Information on current or
past proceedings, litigation, arbitration, action claims,
investigations or disputes is required (Form TECH-2B of
Section IV A). A brief description of the Consultants’
organization and an outline of recent experience of the
Consultant and of each Associate, if any, on assignments

26
Section I. Instructions to Consultants (ITC)

of a similar nature is required (Form TECH-3 and

TECH-4 of Section IV A). For each assignment, the
outline should indicate the names of Associates or Key
Professional Personnel who participated, duration of the
assignment, contract amount, and Consultant’s
involvement. Information should be provided only for
those assignments for which the Consultant was legally
contracted as a corporation or as one of the major firms
within a joint venture. Assignments completed by
individual professional staff working privately or
through other consultants cannot be claimed as the
experience of the Consultant, or that of an Associate, but
can be claimed by the professional staff themselves in
their CVs. Consultants should be prepared to substantiate
the claimed experience if so requested by the MCA
Entity. References of the Consultant are required (Forms
TECH-5 and B of Section IV A).
(lll) Comments and suggestions on the Terms of
Reference including workable suggestions that could
improve the quality/ effectiveness of the assignment; and
on requirements for counterpart staff and facilities
including administrative support, office space, local
transportation, equipment, data, etc. to be provided by
the MCA Entity (Form TECH-7 of Section IV A).
(mmm)A description of the approach, methodology and
work plan for performing the assignment covering the
following subjects: technical approach and methodology,
work plan, and organization and staffing schedule.
Guidance on the content of this section of the Technical
Proposal is provided (Form TECH-6 of Section IV A).
The work plan should be consistent with the Work and
Deliverables Schedule (Form TECH-10 of Section IV A)
which will show in the form of a bar chart the timing
proposed for each activity.
(nnn) The list of the proposed Key Professional Personnel
by area of expertise, the position that would be assigned
to each person, and their tasks (Form TECH-8 of Section
IV A).
(ooo) Estimates of the staff input (person-months of
foreign and local professionals) needed to carry out the
assignment (Form TECH-9 of Section IV A). The
person-months input should be indicated separately for
home office and field activities, and for foreign and local
professional staff.

27
 Section I. Instructions to Consultants (ITC)

(ppp) CVs of the Key Professional Personnel signed by the

staff themselves and/or by the authorized representative
(Form TECH-11 of Section IV A).
(qqq) A detailed description of the proposed methodology
and staffing for training, if training is identified in the
PDS as a specific component of the assignment (Form
TECH-6 of Section IV A).
(rrr) Completed and certified Certification of Compliance
with Sanctions Form (Form TECH-12 of Section IV A).
57. The Technical Proposal shall not include any financial
information other than the required information in Form
TECH-2A. A Technical Proposal containing financial
information will constitute grounds for declaring the
Proposal non-responsive.
58. Where electronic submission is required pursuant to ITC
Sub-clause 17.1, only one copy each of the Technical
Proposal and Financial Proposal shall be submitted. In all
instances, this copy shall be construed to be the original. In
all cases of electronic submissions, the signatures may be
written or electronically signed using any applicable
software. If submitting by hard copy if required by ITC
Sub-clause 17.1, a Consultant shall prepare ONE (1)
original set of the documents comprising the Technical
Proposal and Financial Proposal pursuant to ITC Sub-clause
17.2 and clearly mark it “ORIGINAL.” The original shall be
typed or written in indelible ink and shall be signed by a
person duly authorized to sign on behalf of the Consultant.
59. In addition, if submitting by hard copy if required by ITC
Sub-clause 17.1, the Consultant shall prepare copies of the
Proposal (Technical and Financial Proposals) in the number
specified in the PDS and clearly mark them “Copy.”
60. The Proposal shall contain no alterations or additions,
except those made to comply with the instructions issued by
the MCA-Entity, or as necessary to correct errors made by
the Consultant, in which case such corrections shall be
initialed by the person or persons signing the Proposal.
61. If required in the PDS, the authorized representative of the
Consultant signing the Technical and the Financial
Proposals shall provide within the Technical Proposal an
authorization in the form of a written power of attorney
demonstrating that the person signing has been duly
authorized to sign on behalf of the Consultant, and its
Associates.
62. The Consultant’s Financial Proposal shall be prepared using
Financial Proposals
the forms provided in Section IV B (the “Financial

28
 Section I. Instructions to Consultants (ITC)

Proposal”). It shall list all prices associated with the

assignment, including remuneration for Personnel (foreign
and local, in the field and at the Consultants’ home office)
and travel expenses, if indicated in the PDS. All activities
and items described in the Technical Proposal shall be
assumed to be included in the price offered in the Financial
Proposal.
64. GCC Clause 18 sets forth the Tax provisions of the
63. Taxes
Contract. Consultants should review this clause carefully in
preparing their Proposal.
66. Consultants may only submit one Proposal. If a Consultant
65. Only One Proposal
submits or participates in more than one Proposal, all such
Proposals shall be disqualified. However, this does not
preclude the participation of the same Sub-Consultants,
including individual experts, in more than one Proposal.
68. Consultants must submit their Financial Proposals in the
67. Currencies of
currency or currencies specified in the PDS. Consultants
Proposal
will be paid in the currency specified in the PDS.
70. Proposals shall remain valid for the period specified in the
69. Period of Proposal
PDS after the Proposal submission deadline date prescribed
Validity
by the MCA Entity. A Proposal valid for a shorter period
may be rejected by the MCA Entity as non-responsive.
71. During the period of proposal validity, Consultants shall
maintain the availability of Key Professional Personnel
identified in the Proposal. The MCA Entity will make its
best effort to complete negotiations within this period.
Should the need arise, however, the MCA Entity may
request Consultants to extend the validity period of their
Proposals. Consultants who agree to such extension shall
confirm that they maintain the availability of the Key
Professional Personnel nominated in the Proposal, or in
their confirmation of extension of validity of the Proposal,
Consultants could submit new Key Professional Personnel
in replacement, which would be considered in the final
evaluation for Contract award. Consultants who do not
agree have the right to refuse to extend the validity of their
Proposals.
D. Submission and Opening of Proposals
73. If specified in the PDS, Consultants shall submit their
72. Proposal
Proposals in hard copy format (by hand, post or courier) as
Submission
provided for in ITC Sub-clause 17.2, or via electronic
means, as provided for in ITC Sub-clause 17.3.

29
 Section I. Instructions to Consultants (ITC)

Proposal Submission 74. This ITC Sub-clause 17.2 refers to proposal submissions by
(Hard Copy) hard copy
(a) The following applies to the “original” of the Technical
Proposal, and of the Financial Proposal. The “original”
shall contain no interlineations or overwriting, except as
necessary to correct errors made by the Consultants
themselves. The person signing the Proposal must initial
such corrections, as well as initial each page of the
relevant “original”. The submission letters for the
Technical Proposal and for the Financial Proposal should
respectively be in the format shown in (Form TECH-1)
and (Form FIN-1).
(sss) Copies of the Technical Proposal and the Financial
Proposal shall be made, in the number stated in the
PDS, and each shall be clearly marked “copy”. If
discrepancies are found between the original and any of
the copies of the relevant documents, then the “original”
shall govern.
(ttt) The “original” and each “copy” of the Technical
Proposal shall be placed in a sealed envelope/parcel
clearly marked “technical proposal”. Similarly, the
“original” and each “copy” of the Financial Proposal
shall be placed in a separate sealed envelope/parcel
clearly marked “financial proposal”.
(uuu) Each envelope/parcel shall bear the name and
address of the MCA Entity as stated in the PDS, the
name and address of the Consultant (in case they have to
be returned unopened), and the Name of the Assignment
as stated in PDS ITC Sub-clause 1.3.
(vvv) In addition, the envelope/parcel containing the
original and copies of the Financial Proposal shall be
marked with a warning “do not open with the technical
proposal”. If the Financial Proposal is not submitted in a
separate sealed envelope/parcel duly marked as indicated
above, this will constitute grounds for declaring the
Proposal non-responsive.
(www) The two envelopes/parcels containing the Technical
Proposal and the Financial Proposal shall then be placed
into one outer envelope or carton (as appropriate) and
securely sealed to prevent premature opening. This outer
envelope/carton shall bear the submission address, name
and address of the Consultant, name of the assignment
reference number, and be clearly marked with the
statement indicated in the PDS and bear the name and

30
 Section I. Instructions to Consultants (ITC)

address of the MCA Entity as stated in PDS ITC Sub-

clause 18.1. The MCA Entity shall not be responsible for
misplacement, losing or premature opening if the outer
envelope/carton is not sealed and/or marked as
stipulated. This circumstance may be cause for Proposal
rejection
Proposal Submission 75. This ITC Sub-clause 17.3 refers to proposal submissions by
(Electronic) electronic means.
(a) The proposal submission forms (including the Technical
and Financial Proposal forms as applicable) should
respectively be in the form and format shown in Section
IV. Proposal Forms.
(yyy) If required in ITC Sub-clause 12.10, the authorized
representative of the Consultant signing the Proposal
shall provide within the Proposal an authorization in the
form of a written power of attorney demonstrating that
the person signing has been duly authorized to sign on
behalf of the Consultant, and its Associates, as
applicable.
(zzz) Consultants shall be provided with a File Request
Link (FRL) specified in the PDS upon requesting the
RFP which shall be used to submit their Proposals and
all other related documents. A Consultant who submits
only the Technical Proposal or only the Financial
Proposal shall have its entire submission rejected.
(aaaa) Submissions either by hard copy or by email are not
acceptable and shall result in Proposal rejection. The
MCA-Entity shall not be responsible for misplaced or
mis-sent proposals submitted not using the FRL. This
circumstance may be cause for Proposal rejection.
(bbbb) The FRL shall expire on the proposal submission
deadline specified in ITC Sub-clause 18.1. The Technical
and Financial Proposals shall be submitted solely via the
FRL, which can be used more than once to submit
additional documents.
(cccc) All submitted documents (whether as
standalone files or files in folders) shall be in Microsoft
Office or PDF format. The Technical Proposal and the
Financial Proposal shall be submitted in separate files
and shall each not exceed 10GB each. Compressed files
or folders are discouraged; thus, the MCA Entity
assumes no responsibility for the partial or complete
damage or failure to open or access of documents

31
Section I. Instructions to Consultants (ITC)

submitted in any archived and/or compressed format

(compressed by WinZip - including any application of
the zip family-, WinRAR, 7z, 7zX, or any other similar
formats) shall be rejected.
(dddd) Technical Proposals are not required to be password-
protected but may be protected at the Consultant’s
discretion. Consultants who choose to password-protect
their Technical Proposals can do so to protect against
inadvertent untimely opening of its proposal, but at their
own responsibility for providing the correct password as
specified in the PDS. If a Consultant fails to provide the
correct password that opens the files so its relevant
contents can be announced by the deadline provided in
the PDS, their Proposal shall be rejected. Consultants
cannot provide this password via the File Request Link
but should be sent to the email address indicated in the
PDS.
(eeee) Financial Proposals are not required to be password-
protected but may be protected at the Consultant’s
discretion. Consultants who choose to password-protect
their Financial Proposals can do so to protect against
inadvertent untimely opening of its proposal, but at their
own responsibility for providing the correct password as
specified in the PDS. If a Consultant fails to provide the
correct password that opens the files so its relevant
contents can be announced by the deadline provided in
the PDS, their Proposal shall be rejected. Consultants
cannot provide this password via the File Request Link
but should be sent to the email address indicated in the
PDS.
(ffff) Consultants should use the following filename
format for Proposals:
i. Technical Proposal filename: [Consultant’s Name]
– Procurement Title - Ref# [insert RFP number]

ii. Financial Proposal filename: [Consultant’s Name] –

Procurement Title - Ref# [insert RFP number]

(gggg) Consultants are informed that the capability of their

internet bandwidth will determine the speed in which
their bids are uploaded via the FRL. Consultants are
therefore advised to commence the process of uploading
their Proposals via the FRL in good time before the
proposal submission deadline. As noted above, this link

32
 Section I. Instructions to Consultants (ITC)

shall expire at the submission deadline, and cannot be

reopened except under the provision of ITC Clause 9 and
ITC Sub-clause 18.2.
77. Proposals must be received by the MCA-Entity at the
76. Deadline for
address specified in the PDS and no later than the date and
Submission of
time specified in the PDS, or any extension of this date in
Proposals
accordance with ITC Sub-clause 18.2.
78. The MCA Entity may, at its discretion, extend the deadline
for the submission of Proposals by amending this RFP in
accordance with ITC Clause 9, in which case all rights and
obligations of the MCA Entity and the Consultants
previously subject to the original deadline shall thereafter
be subject to the new deadline as extended.
79. Any Proposal received by the MCA Entity after the
deadline for submission shall be declared late and rejected.
The Consultant shall be notified of such rejection.
81. The MCA Entity shall not consider any Proposal that
80. Late Proposals
arrives after the deadline for submission of Proposals in
accordance with ITC Clause 18. Any Proposals received by
the MCA Entity after the deadline for submission of
Proposals shall be declared late, rejected, and returned
unopened (if submitted as a hard copy) to the Consultant at
the request and cost of the Consultant.
82. Withdrawal, 83. A Consultant may withdraw, substitute, or modify its
Substitution, and Proposal prior to the deadline for the submission of
Modification of Proposals by sending a written notice - through the File
Proposals Request Link indicated in ITC Sub-clause 17.3 c) if electronic
submission is used - duly signed by an authorized
representative, and shall include a copy of the
authorization of the person signing in accordance with ITC
Sub-clause 12.10. The corresponding substitution or
modification of the Proposal must accompany the
respective written notice. All notices must be:
(a) submitted in accordance with ITC Clauses 12, 17, and 18
(except that withdrawal notices do not require copies),
and in addition, the respective envelopes shall be clearly
marked “WITHDRAWAL,” “SUBSTITUTION,” or
“MODIFICATION,” and
(hhhh) received by the MCA Entity prior to the deadline
prescribed for submission of bids, in accordance with
ITC Clause 18.
84. Proposals requested to be withdrawn in accordance with
this ITC Clause shall be returned unopened to the

33
 Section I. Instructions to Consultants (ITC)

Consultants, at the request and cost of the Consultants.

Proposals submitted via electronic submission shall not be
returned.
85. No Proposal may be withdrawn, substituted, or modified in
the interval between the deadline for submission of
proposals and the expiration of the period of proposal
validity specified by the Consultant in the Technical
Proposal Submission Form or any extension thereof.
87. Whether submitted by hard copy or electronically, the MCA
86. Proposal Opening
Entity shall open the outer envelopes/cartons in a public
meeting that will include Consultants’ representatives as
well as anyone who chooses to attend at the time and in the
place specified in the PDS. Any specific opening
procedures required if electronic submission is permitted in
accordance with the PDS, shall be as specified in the
PDS.
88. Firstly, submissions marked “WITHDRAWAL” shall be
opened and read out, while Proposals for which an
acceptable notice of withdrawal has been submitted
pursuant to ITC Clause 20 shall not be opened. No Proposal
withdrawal shall be permitted unless the corresponding
withdrawal notice contains a valid authorization to request
the withdrawal and is read out at Proposal opening. Next,
submissions marked “SUBSTITUTION” shall be opened and
read out and exchanged with the corresponding Proposal
being substituted, and the substituted Proposal shall not be
opened, but returned to the Consultant. No Proposal
substitution shall be permitted unless the corresponding
substitution notice contains a valid authorization to request
the substitution and is read out at Proposal opening.
Submissions marked “MODIFICATION” shall then be opened
and read out with the corresponding Proposal. No Proposal
modification shall be permitted unless the corresponding
modification notice contains a valid authorization to request
the modification and is read out at Proposal opening. Only
submissions that are opened and read out at Proposal
opening shall be considered further.
89. All other documents shall be opened one at a time, reading
out: the Consultants’ names, the Proposal prices, the total
amount of each Proposal, any discounts, substitutions, or
modifications, and such other details as the MCA-Entity
may consider appropriate. No Proposal shall be rejected at
Proposal opening except for the late Proposals pursuant to
ITC Clause 19. Substitutions and modifications submitted
pursuant to ITC Clause 20 that are not opened and read out

34
 Section I. Instructions to Consultants (ITC)

at Proposal opening shall not be considered for further

evaluation regardless of the circumstances. Late, withdrawn
and substituted Proposals shall be returned unopened at the
request and cost of the Consultant. Proposals submitted via
electronic submission shall not be returned.
90. After the opening of Proposals, the Technical Proposals and
Financial Proposals should be sorted as appropriate. The
Technical Proposals will be opened as specified in the PDS
ITC 21.1. The MCA Entity shall ensure that the Financial
Proposals remain sealed – if submitted by hard copy and
password-protected if submitted electronically and if one or
more Consultants so choose - and securely stored until after
the evaluation of the Technical Proposals has been
completed.
91. The MCA Entity shall prepare minutes of the Proposal
opening, which shall include, at a minimum: the name of
the Consultant, the existence of a signed Technical Proposal
Submission Form, whether there is a withdrawal,
substitution, or modification. A copy of the record shall be
distributed to all Consultants who submitted Proposals on
time, and posted on the MCA Entity’s website, if one exists.
E. Evaluation of Proposals
93. Information relating to the evaluation of Proposals and
92. Confidentiality
recommendations of Contract award shall not be disclosed
to Consultants or any other persons not officially concerned
with the process, until the notification of the evaluation
results has been issued pursuant to ITC Clause 28. The
undue use by any Consultant of confidential information
related to the process may result in the rejection of its
Proposal or may invalidate the entire procurement process.
94. Any attempt or effort by a Consultant to influence the MCA
Entity in the examination, evaluation, and ranking of
Proposals or Contract award decisions may result in the
rejection of its Proposal and may subject the Consultant to
the provisions of the Government’s, the MCA Entity’s, and
MCC’s AFC Policy and the application of other sanctions
and remedies to the extent applicable
95. From the time Proposals are opened to the time the Contract
is awarded, Consultants shall not contact the MCA Entity
on any matter related to its Technical Proposal or Financial
Proposal except in writing to the Procurement Agent.
97. To assist in the examination and evaluation of Proposals,
96. Clarification of
the MCA Entity may, at its discretion, ask any Consultant
Proposals
for clarification of its Proposal. Any clarification submitted
by a Consultant that is not in response to a request by the
MCA Entity shall not be considered. The MCA Entity’s

35
 Section I. Instructions to Consultants (ITC)

request for clarification and the Consultant’s response shall

be in writing. No change in the prices or substance of the
Proposal shall be sought, offered, or permitted except to
confirm the correction of arithmetic errors discovered by
the MCA Entity in the evaluation of the Proposals.
98. If a Consultant does not provide clarifications of its
Proposal by the date and time set in the MCA Entity’s
request for clarification, its Proposal may be rejected.
100. The TEP shall evaluate the Technical Proposals on the basis
99. Evaluation of
of their responsiveness to the Terms of Reference, applying
Technical
the evaluation criteria, sub-criteria, and point system
Proposals
specified in Section III. Each responsive Proposal will be
given a technical score (St). A Proposal may be rejected at
this stage if it does not respond to the RFP or if it fails to
achieve the minimum technical score indicated in Section
III.
101. In exceptional circumstances, if none of the scores awarded
by the TEP reach or exceed the minimum technical score
(St), the MCA Entity reserves the right to invite the
Consultant receiving the highest technical score (St) to
negotiate both its Technical and Financial Proposals. If the
negotiations fail to result in an acceptable contract within a
reasonable time, the MCA Entity reserves the right to
terminate the negotiations, at its sole discretion, and to
invite—again, at its sole discretion—the Consultant
receiving the next highest technical score (St) to negotiate
both its Technical and Financial Proposals.
103. The Consultant’s financial capability to mobilize and
[Link] of
sustain the Services is imperative. In its Proposal, the
Financial Capacity
Consultant is required to provide information on its
financial and economic status unless otherwise stated in
PDS ITC Sub-clause 12.5(a). The information required
should be completed using the Form TECH-2A.
104. A Consultant that fails to demonstrate through its financial
records that it has the economic and financial ability to
perform the required services as described in the respective
Terms of Reference may be disqualified. In the
circumstance of a disqualification the Technical Proposal
will not be evaluated further, and the Financial Proposal
shall be returned unopened at the cost and request of the
Consultant.
105. The MCA Entity, at its discretion, may ask for clarifications
or additional information regarding the information
provided in Form TECH-2A.
106. The outcome of the Financial Capacity evaluation is a clear
YES or NO. Any Consultant that receives a NO shall not be

36
 Section I. Instructions to Consultants (ITC)

evaluated further and its Financial Proposal shall be

returned unopened. The Proposals that receive a YES at this
stage will be evaluated further according to the technical
scoring methodology described in Section III.
107. Following the ranking of Technical Proposals, and after
Financial Proposals
receiving a “no objection” from MCC (if applicable), when
(only for QBS)
selection is based on quality only (QBS), the first ranked
Consultant will be invited to negotiate its Technical and
Financial Proposals and the Contract in accordance with the
instructions given under ITC Clause 29.
Financial Proposals 108. Following completion of the evaluation of Technical
(only for QCBS, FBS, Proposals, and after receiving a “no objection” from MCC
LCS) (if applicable), the MCA Entity shall inform those
Consultants whose Technical Proposals achieved the
minimum qualifying mark, advising them of the following:
(i) that their Technical Proposal met the minimum
qualifying mark;
(vii) the name of each Consultant whose Technical
Proposal met or exceeded the minimum qualifying
mark and the total technical score assigned to each;
and
(viii) the date, time, and location for the opening of the
Financial Proposals, inviting them to the opening but
indicating that their attendance is not mandatory.
The MCA Entity shall also advise those Consultants whose
Technical Proposals did not meet the minimum qualifying
mark, advising them of the following:
(i) that their Technical Proposal did not meet the
minimum qualifying mark;
(ix) the total technical score assigned to their own
Technical Proposal;
(x) the name of each Consultant whose Technical
Proposal met or exceeded the minimum qualifying
mark and the total technical score assigned to each;
(xi) the date, time, and location for the opening of the
Financial Proposals, inviting them to the opening but
indicating that their attendance is not mandatory;
and
(xii) that their Financial Proposals (if such offer was
submitted as a hard copy) will be returned unopened
at the request and cost of the Consultant, after the
MCA Entity has completed the selection process.
The MCA Entity shall also advise those Consultants whose
Technical Proposals were not evaluated or rejected, advising

37
 Section I. Instructions to Consultants (ITC)

them of the following:

(i) the grounds on which their Technical Proposal was
not evaluated or was rejected;
(xiii) the name of each Consultant whose Technical
Proposal met or exceeded the minimum qualifying
mark and the total technical score assigned to each;
(xiv) the date, time, and location for the opening of the
Financial Proposals, inviting them to the opening but
indicating that their attendance is not mandatory;
and
(xv) that their Financial Proposals (if such offer was
submitted as a hard copy) will be returned unopened
at the request and cost of the Consultant, after the
MCA Entity has completed the selection process.
109. The Financial Proposal opening shall take place at the
Opening and
location indicated in the PDS. The date and time
Evaluation of
scheduled for the Financial Proposal opening shall be
Financial Proposals
specified on the MCA Entity’s website if one exists. The
MCA Entity shall promptly respond in writing to any
Consultant who, after receiving notification of the
procurement results, makes a written request for a
debriefing as provided in the MCC Program Procurement
Guidelines.
110. The MCA Entity shall open the Financial Proposals in a
public meeting at the address, date and time specified in the
notification described in ITC Sub-clause 25.6. All Financial
Proposals will first be inspected to confirm that they have
remained sealed and unopened. Only the Financial
Proposals of those Consultants who met the minimum
qualifying mark following the Technical Evaluation stage
will be opened. The Technical Score (St) and only the Total
Proposal Price, as stated in the Financial Proposal
Submission Form (Form FIN-1) shall be read out aloud and
recorded. A copy of the minutes shall subsequently be sent
to those Consultants whose Financial Proposals were
opened and to MCC, and be posted on the MCA Entity’s
website, if one exists.
111. The MCA Entity will correct any computational errors, and
in cases of a discrepancy between a partial amount and the
total amount, or between words and figures the former will
prevail. In addition to the above corrections, activities and
items described in the Technical Proposal but not priced,
shall be assumed to be included in the prices of other
activities or items. In cases where an activity or line item is
quantified differently in the Financial Proposal from the
Technical Proposal, no corrections will be applied to the

38
 Section I. Instructions to Consultants (ITC)

Financial Proposal in this respect. If Consultants are not

required to submit financial proposals in a single currency,
prices shall be converted to a single currency for evaluation
purposes using the selling rates of exchange, source and
date indicated in the PDS.
112. For Quality and Cost Based Selection (QCBS), the lowest
evaluated Financial Proposal (Fm) will be given the
maximum financial score (Sf) of 100 points. The financial
scores (Sf) of the other Financial Proposals will be
computed as indicated in Section III: Qualification and
Evaluation Criteria. Proposals will be ranked according to
their combined technical (St) and financial (Sf) scores using
the weights (T = the weight given to the Technical Proposal;
F = the weight given to the Financial Proposal; T + F = 1)
indicated in Section III. S = St x T% + Sf x F%. The
Consultant achieving the highest combined technical and
financial score will be invited for negotiations.
113. In the case of Fixed-Budget Selection (FBS), the MCA
Entity will select the firm that submitted the highest ranked
Technical Proposal within the budget. Proposals that exceed
the indicated budget will be rejected. In the case of the
Least-Cost Selection (LCS), the MCA Entity will select the
lowest priced Proposal among those that passed the
minimum technical score. In both cases, the evaluated
Proposal price according to ITC Sub-clause 25.9 shall be
considered, and the selected firm invited for negotiations.
Price Reasonableness 114. Prior to execution of a contract, the MCA Entity shall
conduct a verification of the market-reasonableness of the
prices offered. A negative determination (either
unreasonably high or unreasonably low) could be a reason
for rejection of the proposal at the discretion of the MCA
Entity. The Consultant shall not be permitted to revise its
submission after a determination that its offered price is
unreasonable. In addition, the MCA Entity may also verify
any information provided on the TECH Forms submitted in
the Proposal. If a negative determination of price
reasonableness leads to the rejection of the Proposal, the
No Margin of MCA Entity may, at its discretion, move to invite the next-
Preference ranked Consultant for negotiation.
115. In accordance with the MCC PPG, a margin of preference
for domestic Consultants or any other nationality shall not
be used.
117. In accordance with the MCC PPG, the Consultant’s
[Link] Performance
performance on earlier contracts will be considered a factor
and Reference
in the MCA Entity’s qualification of the Consultant’s
Check
evaluation. The MCA Entity reserves the right to check the

39
 Section I. Instructions to Consultants (ITC)

performance references provided by the Consultant or to

use any other source at the MCA Entity’s discretion. If the
Consultant (including any of its Associates or joint
venture/association members) is or has been party to an
MCC-funded contract (either with MCC directly or with
any MCA Entity, anywhere in the world), whether as lead
Consultant, affiliate, Associate, subsidiary, Sub-Consultant,
or in any other role, the Consultant must identify the
contract in its list of references submitted with its Proposal
using Technical Form TECH-5. Failure to include any such
contracts may be used to form a negative determination by
the MCA Entity on the Consultant’s record of performance
in prior contracts. However, the failure to list any contracts
because the Consultant (including any of its Associates or
joint venture/association members) has not been a party to
any such contract will not be grounds for a negative
determination by the MCA Entity on the Consultant’s
record of performance in prior contracts. That is, prior
performance in connection with an MCC-funded contract is
not required. The MCA Entity will check the references,
including the Consultant’s past performance reports filed in
MCC’s Contractor Past Performance Reporting System
(“CPPRS”). A negative determination by the MCA Entity
on the Consultant’s record of performance in prior contracts
may be a reason for disqualification of the Consultant, or
lowered evaluation scores, at the discretion of the MCA
Entity.
119. The MCA-Entity reserves the right to accept or reject any
[Link] Entity’s
Proposal, and to annul the bidding process and reject all
Right to Accept
Proposals at any time prior to Contract award, without
Any Proposal, and
thereby incurring any liability to Consultants. In case of
to Reject Any or all
annulment, all Proposals submitted shall be promptly
Proposals
returned to the Consultants at the Consultant’s request but at
the MCA Entity’s expense. Proposals submitted
electronically shall not be returned. If all Proposals are
rejected, the MCA Entity shall review the causes justifying
the rejection and consider making revisions to the
conditions of Contract, specifications, scope of the
Contract, or a combination of these, before inviting new
Proposals. The MCA Entity reserves the right to cancel the
procurement if this is no longer in the interest of the MCA
Entity.
F. Award of Contract
121. After the completion of the evaluation report and having
[Link] of
obtained all the necessary approvals per the PPG, the MCA
Evaluation Results
Entity shall send the Notice of Intent to Award (“NOITA”)

40
 Section I. Instructions to Consultants (ITC)

to the successful Consultant. The NOITA shall include a

statement that the MCA Entity shall issue a formal
Notification of Award and draft Contract Agreement after
expiration of the period for filing a Bid challenge and the
resolution of any Bid challenges that are submitted and
following the conclusion of successful negotiations.
Delivery of the NOITA shall not constitute the formation of
a contract between the MCA Entity and the successful
Consultant and no legal or equitable rights will be created
through the delivery of the NOITA.
122. At the same time, it issues the NOITA, the MCA Entity
shall also notify, in writing, all other consultants of the
results of the bidding. The MCA Entity shall promptly
respond in writing to any unsuccessful consultant who, after
receiving notification of the bidding results, makes a written
request for a debriefing as provided in the MCC Program
Procurement Guidelines, or submits a formal Bid challenge.
124. Negotiations will be held on the date and at the address
[Link]
indicated in the PDS. The invited Consultant will, as a pre-
requisite for attendance at the negotiations, confirm the
availability of all the Key Professional Personnel listed in
the Technical Proposal. Failure to confirm such Personnel
may result in the MCA Entity proceeding to negotiate with
the next-ranked Consultant. Representatives conducting
negotiations on behalf of the Consultant must have written
authority to negotiate and conclude the Contract on behalf
of the Consultant.
125. Negotiations will commence with a discussion of the
Technical Negotiations
Technical Proposal, including (a) proposed technical
approach and methodology, (b) workplan, (c) organization
and staffing, and (d) any suggestions made by the
Consultant to improve the Terms of Reference.
126. The MCA Entity and the Consultant will then finalize the
Terms of Reference, staffing schedule, work schedule,
logistics, and reporting. These documents will then be
incorporated in the Contract under “Description of
Services.” Special attention will be paid to clearly defining
the inputs and facilities required from the MCA Entity to
ensure satisfactory implementation of the assignment. The
MCA Entity shall prepare minutes of negotiations which
will be signed by the MCA Entity and the Consultant.
127. It is the responsibility of the Consultant, before starting
Financial Negotiations
financial negotiations, to determine the relevant local Tax
amount to be paid by the Consultant under the Contract. In
no event shall the MCA Entity be responsible for the
payment or reimbursement of any Taxes. Unless there are

41
 Section I. Instructions to Consultants (ITC)

exceptional reasons, the financial negotiations will involve

neither the remuneration rates for staff nor other proposed
unit rates.
128. Having selected the Consultant on the basis of, among other
Availability of
things, an evaluation of proposed Key Professional
Professional
Personnel, the MCA Entity expects to negotiate a Contract
Staff/Experts
on the basis of those Personnel named in the Technical
Proposal.
129. During Contract negotiations, the MCA Entity will not
consider substitution of any Key Professional Personnel
unless both parties agree that undue delay in the selection
process makes such substitution unavoidable or for reasons
such as death or medical incapacity of one of the Personnel.
If this is not the case and if it is established that any Key
Professional Personnel were offered in the Proposal without
confirming their availability, the Consultant may be
disqualified. Any proposed substitute shall have equivalent
or better qualifications and experience than the original
candidate.
130. Negotiations will conclude with a review of the draft
Conclusion of the
Contract and Annexes, following which the MCA Entity
Negotiations
and the Consultant will initial the agreed Contract. If
negotiations fail, the MCA Entity will invite the Consultant
whose Proposal received the second highest score to
negotiate a Contract. If negotiations are successful, MCA
Entity will issue a Notice of Award of Contract
132. Consultants may challenge the results of a procurement
[Link] Challenges
only according to the rules established in the Bid Challenge
System developed by the MCA Entity and approved by
MCC. The rules and provisions of the Bid Challenge
System are as published on the MCA Entity’s website
indicated in the PDS.
134. Upon expiration of the period for timely filing and the
[Link] of
resolution of any Bid challenges that are submitted, the
Contract
MCA Entity shall send the Notification of Award to the
successful Consultant.
135. The Notification of Award shall include the Contract Forms
for the review and signature of the successful Consultant.
The Notification of Award shall specify the sum that the
MCA Entity will pay the Consultant for the performance of
the Services. Until a formal Contract is prepared and
executed, the Notification of Award shall constitute a
binding Contract between the MCA Entity and the
Consultant.
136. Within seven (7) days of issuance from the MCA Entity of
the Contract Agreement, the successful Consultant shall

42
 Section I. Instructions to Consultants (ITC)

sign, date, and return it to the MCA Entity, along with the
completed Compliance with Sanctions Certification Form
and PS-2 Self-Certification Form included in Section VIII.
Contract Forms and Annexes.
138. After Contract signature, the MCA Entity shall return the
[Link] of
unopened Financial Proposals to the unsuccessful
Unopened
Consultants at the cost and request of the Consultant. If
Financial Proposals
electronic submission was used, no Proposals shall be
returned.
140. After the award of Contract, the MCA Entity shall publish
[Link] of Award of
on its website, at dgMarket and at UNDB online, the results
Contract
identifying the procurement, the name of the winning
Consultant and the price, duration, and summary scope of
the Contract. The same information shall be sent to all
Consultants who have submitted Proposals.
142. The Consultant is expected to commence the assignment on
[Link]
the date and at the location specified in the PDS.
Date
144. The Procurement that is the subject of this RFP is being
[Link]
conducted in accordance with and is subject in all respects
with MCC
to the MCC Program Procurement Guidelines. In the event
Program
of any conflict between any section or provision of this RFP
Procurement
(including any Addenda that may be issued to this RFP) and
Guidelines
the MCC Program Procurement Guidelines, the terms and
requirements of the MCC Program Procurement Guidelines
shall prevail, unless MCC has granted a waiver of the
guidelines.
146. Consultants are advised to examine and consider carefully
[Link]
the provisions that are set forth in Annex B (Additional
Conditions
Provisions) attached to and made part of the Special
Conditions of the Contract, as these are a part of the
Government’s and the MCA Entity’s obligations under the
CDF Agreement, the Compact, and related agreements
which, under the terms of the CDF Agreement, the
Compact, and related documents are required to be
transferred onto any Consultant or Sub-Consultant who
partakes in procurement or subsequent contracts in which
MCC Funding is involved.

43
Section II. Proposal Data Sheet

SECTION II. PROPOSAL DATA SHEET

A. General
(d) “Compact” means the Millennium Challenge Compact signed on April 13,
ITC
Definitio 2023, between the United States of America and the Republic of Indonesia.
ns
(e) “Compact Development Funding Agreement” or “CDF Agreement” means
the
Amended and Restated Grant and Implementation Agreement, dated February 4,
2021, as amended, between the Government and MCC.

(n) “Government” means the Republic of Indonesia.

(v) “MCA Entity” means the Millennium Challenge Account – Indonesia II

(“MCA-Indonesia II”), the accountable entity that will be created and
designated by the Government to implement the Compact.

ITC 1.1 The method of selection is the Quality and Cost-Based Selection (“QCBS”)
method.

ITC 1.3 The Name of the assignment is:

Program Management Consultant for Program Administration Support
for all activities in MCA-Indonesia II that include operation
management support and technical advisory services under the three
Compact Projects.

ITC 1.4 A Pre-Proposal Conference will be held at 7:00pm (local time) on 21 November
2023 via an online event that can be attended by clicking on the following link:
Click here to join the meeting
Meeting ID: 264 430 857 426
Passcode: NCDqim
Attendance is strongly advised for all prospective Consultants or their
representatives but is not mandatory.

ITC 1.5 The MCA Entity will provide the following inputs and facilities:
See paragraph 5.1.2 Program Office Establishment and Annex 12 to Section
V Terms of Reference
Domestic travel costs (transportation, hotel and per diem) of Consultant’s
outside of Jakarta related to work missions will be reimbursed in

44
Section II. Proposal Data Sheet

accordance with MCA-Indonesia II’s Travel Policy.

ITC 5.6 GOE provisions are not applicable to consulting services, and therefore
Consultants are not required to submit any form related to the GOE provisions.

B. Contents of the RFP

ITC 8.1 Clarifications may be requested by e-mail not later than 21 days before the
submission deadline, so that responses can be issued to all Consultants not later
than 14 days prior to the deadline for submission of Proposals.
The address for requesting clarifications is:

Att.: MCA – Indonesia II

The Procurement Agent (PA)
Email: mcaindonesiapa@[Link]
There is no MCA Entity website existing at this time, therefore, all responses to
clarification requests shall be sent via email to the Consultants who have
formally requested and received the RFP.

C. Preparation of Proposals
ITC 10.1 If MCA Entity shall pay any costs associated with the preparation and/or
submission of the Proposal, those are listed below: “None”

ITC 11.1 The Proposal shall be submitted only in English.

ITC There are no shortlisted Consultants.

12.4(b)

ITC The estimated budget for this assignment is US$ 15,000,000 for the Program
12.4(c) Administration Support Activities defined in Sections 5 of the TORs. This
budget does not include domestic travel for the Consultant’s staff for work
missions outside of Jakarta. Those costs will be on a reimbursable basis.
The scope for Technical Advisory Support Services is broadly stated in
Section 6 of the TOR, but the activities and their timing during the Compact
period are yet to be defined. Hence, a provisional budget amount of
US$10,000,000 is indicated for these potential activities. The Consultant
shall provide the list of SMEs as specified under section 11.2.3 and provide
the fully loaded daily rates for each of the SMEs. Based on the daily rates
provided and agreed during the negotiations, the Consultant shall be paid
from the provisional budget amount indicated above.
During the Compact implementation, MCA-Indonesia II will issue
Technical Directives indicating the Terms of Reference for the specific
technical advisory support services with LOE as and when required with a

45
Section II. Proposal Data Sheet

request for mobilization of the relevant SMEs.

ITC 12.4 N/A

(d)

ITC 12.5 The Consultant is expected to have sufficient financial capacity to meet its cash
(a) requirements, which will be evaluated through reference checks on its previous
contracts. There will be no advance payment at any stage of the contract.
Information on the Consultant’s financial capacity is required (Form TECH-2A
of Section IV A).

ITC Institutional and local capacity building is part of this assignment, and the local
12.5(g) staffing and organizational structure should reflect this.

ITC 12.8 N/A

ITC The written confirmation of authorization to sign on behalf of and bind the
12.10 Consultant is required and it shall consist of: Power of Attorney, Board
resolution, or document(s) providing or demonstrating legal authorization
to an individual.

ITC Travel expenses to be included in the total price in form FIN-2 only refer to
12.11 local Jakarta transportation. Travel expenses related to domestic travel
outside of Jakarta will be reimbursed in accordance with MCA-Indonesia
II’s Travel Policy and shall not be included in the total price.

ITC 15.1 The currency(ies) of the Proposal shall be as follows: United States Dollars
(USD) or Indonesian Rupiah (IDR).
The currency(ies) of the payment shall be as follows: United States Dollars
(USD) or Indonesian Rupiah (IDR).

ITC 16.1 Proposals must remain valid for one hundred and twenty (120) days after the
deadline for the submission of Proposals specified in PDS ITC 18.1.

D. Submission and Opening of Proposals

ITC 17.1 Proposals shall be submitted only electronically through the FRL indicated in
clause 17.3 below. Email submissions or paper submissions shall be rejected.

ITC 17.2 Not applicable

b)

ITC 17.2 Not applicable

46
Section II. Proposal Data Sheet

d)

ITC 17.2 Not applicable

f)

ITC 17.3 The File Request Link (FRL) to submit Technical and Financial Proposals is:
c) [Link]
mYpQL7.

ITC 17.3 If a Consultant submits a Technical Proposal with password protection, the
g) password for the Technical Proposal should be sent no earlier than 00:00 am of
10 January 2024 and no later than 14:45 pm local time in Jakarta, Indonesia on
10 January 2024 to the following email address: mcaindonesiapa@dt-
[Link]

ITC 17.3 The MCA-Entity does not require password protection when submitting a
h) Financial Proposal. If a Consultant submits a Financial Proposal with password
protection, the password for the Financial Proposal should be sent only upon
request by the Procurement Agent to the following email address:
mcaindonesiapa@[Link] at the time and date provided, along with the
notice described at ITC 25.6, to those Consultants whose Technical Proposals
achieved the minimum qualifying mark.

ITC 18.1 For electronic submission purposes only, use the FRL in PDS ITC 17.3 c)
The deadline for submission of Proposals is as follows:
15:00 pm time (GMT+7), Jakarta Indonesia, on 10 January 2024.
The submission link will expire after the deadline for submission hour and
date. No late submission will be accepted.

ITC 21.1 The Proposal opening shall take place at 15:30 pm Jakarta Indonesia time
(GMT+7), on 10 January 2024.
For Proposals submitted electronically in accordance with ITC Clause 17.3, the
Proposal opening procedures shall be as follows:
The opening meeting is a completely online event that can be attended by
clicking on the following link:
Click here to join the meeting
Meeting ID: 237 608 737 654
Passcode: P6bTid
The Minutes of Opening of Technical Proposals shall be promptly sent to all
Consultants who submitted Proposals on or soon after the Proposal Submission
deadline in ITC 18.1.

ITC 24 As a part of evaluation, Consultants whose Proposals are deemed complete and

47
Section II. Proposal Data Sheet

eligible in accordance with ITC clauses 5 and 12 will be called to make a

presentation of their proposal to demonstrate their understanding of the scope of
services, their ability to pool up the resources (SMEs) and interviews of the key
personnel will also be required. This will facilitate the review of the Proposal for
a comprehensive evaluation of the proposals.

ITC The verification of the market reasonableness of the prices offered will also
25.12 include an analysis of the rates proposed for the Subject Matter Experts under
the Technical Advisory Support Activities. A negative determination (either
unreasonably high or unreasonably low) could be a reason for rejection of the
proposal at the discretion of the MCA Entity.

E. Evaluation of Proposals
ITC 25.7 Financial Proposals shall be opened electronically at a date and time to be
advised in due course to all Consultants who submitted proposals.

ITC 25.9 For the purpose of evaluating proposals, the sole currency of price conversion is
US Dollars.
The source of official selling rates for evaluation purposes is: OANDA http
://[Link]/convert/classic.
The date of the exchange rate for the evaluation of proposals will be the sales
rate on the date coinciding with the seventh (7th) calendar day before the
deadline for submission of Proposals.

F. Award of Contract
ITC 29.1 The expected date for Contract negotiations shall be 21 days after the opening of
the Financial Proposals and will be held online, or in person, at the decision of
the MCA Entity.
Please note that negotiations will not include price negotiations on the lump sum
price quoted for Program Management Activities, but the MCA Entity reserves
the right to request clarifications on prices.

ITC 30.1 For the purposes of this RFP, the MCA-Entity shall follow an Interim Bid
Challenge System (IBCS), which is available at
[Link]
code=XZ0iAvVZRHYrp3GXDsj6O5v9Y0ehDXINURwy

ITC 34.1 The expected date for commencement of the Services is April 2024 and the
location is Jakarta, Indonesia.

48
Section II. Proposal Data Sheet

SECTION III. QUALIFICATION AND EVALUATION CRITERIA

3.1 Legal Status
Each entity forming the Consultant shall attach to Form TECH-1 a copy of its letter of
incorporation, or other such document, indicating its legal status. In the event the
Consultant is an Association of entities, the Consultant shall include any other document
showing that it intends to associate, or it has associated with, the other entity or entities
that are jointly submitting a Proposal. Each Associate must provide the information
required in Form TECH-1.
3.2 Financial Criteria
If required by PDS ITC 12.5 (a), the Consultant shall provide evidence showing that it
has the sufficient financial capacity needed for this Contract, as required in Form TECH-
2A. Each Associate must provide the information required in TECH-2A.
3.3 Litigation Criteria
The Consultant shall provide accurate information on any current or past litigation or
arbitration resulting from contracts completed, terminated, or under execution by the
Consultant over the last five (5) years, as indicated in Form TECH-2B. A consistent
history of awards against the Consultant or existence of high value disputes may lead to
the rejection of the Proposal. Each Associate must provide the information required in
TECH-2B.
3.4 Evaluation Criteria
Mandatory Criteria: Consultants must have at least 5 years of experience in providing
Program Management services for the projects valued at a minimum of $15 million. If
the Consultant submit a Proposal as a Consortia/Association/Joint Venture, at least one of
the members shall meet the mandatory criteria.
A Technical Proposal will be rejected if it does not earn a total minimum score of 80
points out of 100.
Consultants whose Proposals are deemed complete and eligible in accordance with ITC
clauses 5 and 12 will be called to make a presentation of their proposal and interviews of the
key personnel will also be required. This will complete the review of the Proposal itself to
facilitate the Technical Evaluation Panel’s evaluation1.

Criteria, sub-criteria, and point system for the evaluation of Technical Proposals.
ITC Criteria, sub-criteria Points
24.1
1 Technical Capability and Experience of the Consultant
1.1 General Experience of the Consultant 5
The tenderer shall be scored on its capability and relevant experience in
providing consulting services in the last 10 years with a specific focus on
program administration (Program planning, design and implementation)

1 Panel members will remain anonymous during those presentations and Consultants will not have accessed to their
identities.

49
Section II. Proposal Data Sheet

and technical assistance for projects of a similar nature and value of those
indicated in the Terms of Reference.
The evaluation will focus on the nature and similar value of relevant
contracts, which may include completed projects, and ongoing projects.
1.2 Specific Experience of the Consultant in Monitoring and Managing 8
Large Consulting Services packages, that includes managing
Complex Stakeholder Engagement, Consultation Processes and
Capacity Building Programs
The tenderer shall be scored on its track record in undertaking similar
projects and monitoring and managing complex and multi-disciplinary
consulting services valued at $20 million or more and spread over
multiple provinces, within last 10 years, by being the Program
Management Consultant overseeing the work of various other consultants
in one or more of the following sectors:
the public investment, transport planning reform, logistics sectors,
financing and implementation of infrastructure projects, and access to
finance for MSMEs. Additional experience in small & medium enterprise
sector is preferred. Specific areas of focus include reviewing technical
documents, setting up quality assurance and document control systems,
enhancing horizontal coordination between national ministries, as well as
vertical collaboration between subnational government and national
government agencies.
1.3 Specific Experience of the Consultant in Indonesia/Regional 3.5
The Consultant shall be scored on its experience of successfully
undertaking similar consulting services, i.e. project/program management
in Indonesia and/or Southeast Asia within the last 10 years.
1.4 Specific Experience of the Consultant in Subnational Level in 3.5
Indonesia
The Consultant shall be scored on its experience of successfully
undertaking similar consulting services, i.e. project/program management
in Subnational (provincial/kabupaten/kota) levels in Indonesia within the
last 10 years.
Total Points for this Criteria 20
2 Approach, Methodology and Delivery Schedule
2.1 Understanding of the Services 10
The tenderer shall be scored on its overall approach, methodology and
understanding of the services. Preference will be given to tenderers that
present methodical strategies to (i) timely and efficiently support MCA-
Indonesia II in administering the Compact, (ii) monitoring the Compact
objectives and outputs and, (iii) concurrently manage the services and
deliverables of the consultants engaged in the provision of services for
the Technical Advisory Support (TAS) & Program Administrative
Support (PAS) components.
2.2 Delivery Schedule and Workplan 5
The tenderer shall be scored on its proposed delivery schedule and

50
Section II. Proposal Data Sheet

workplan for the services, specifically how to (i) achieve timely and
efficient support to MCA-Indonesia II and (ii) a comprehensive and
timely management of the ATLAS, FMDP & MSME consulting services.
2.3 Activity Organization and Coordination 10
The tenderer shall be scored on its proposed approach to organize and
coordinate support on program administration and technical assistance,
particularly responding to the dynamics of the program to achieve the
objectives of the Indonesia Compact.
Total Points for this Criteria 25
3 Proposed Staff and Team Structure
3.1 Team Structure, Responsibilities and Resource Levels 10
The tenderer’s proposed team shall be scored on the appropriateness of its
proposed team structure in relation to the Terms of Reference, and in
particular the: (i) clarity of its proposed team structure; (ii) overall
number of resources to deliver the services; (iii) defined responsibilities
of each team member, (iv) cost saving by consolidating central or cross-
cutting resources; (v) balance between management/leadership staff and
other skilled staff; (vi) balance between international and national staff to
deliver the services, and (vii) overall infrastructure sector/transport sector
experience in Indonesia; viii) the diversity of proposed personnel,
including by gender and nationality with a view towards the goal of
building local capacity and supporting gender equality; ix) The consultant
should demonstrate as well its ability to provide the required Subject
Matter Experts to execute Technical Advisory Support Task as well as the
logistical arrangements given the complex project set-up in numerous
geographical locations throughout Indonesia.

3.2 Key Staff - Team Leader

The tenderer shall be scored on the relevance and strength of the
experience and qualifications of the proposed Team Leader measured
against the criteria listed in the Terms of Reference.
a. Management Capacity 10
Experience managing multi-disciplinary teams and managing large
complex multi-phased projects. Demonstrated program or project
management experience involving the management and delivery of
logistically complex, large-scale infrastructure development, capacity
building activities and/or economic development programs of similar
size and scope to the MCC Compact projects
b. Technical Experience 5
Experience working on development projects or donor-funded
programs, preferably with exposure to infrastructure development or
financing projects.
3.3 Other Key Positions (6) – (i) Deputy-Team Leader for Program 30
Administration; (ii) Program Performance and Compliance
Specialist; (iii) Program Control and Monitoring Specialist; (iv)
Deputy-Team Leader for ATLAS Project; (v) Deputy-Team Leader

51
Section II. Proposal Data Sheet

for FMDP Project; (vi) Deputy-Team Leader for MSME Finance

Project
The tenderer shall be scored on the relevance and strength of the
experience and qualifications of the proposed key positions measured
against the criteria listed in the Terms of Reference.
Total Points for this Criteria 55
Total Points for All Technical Criteria 100
Minimum Technical Score (St) Required to Pass 80
Proposals receiving below this minimum technical score (St) will not be
considered further.

If none of the scores awarded by the TEP reach or exceed the minimum
technical score (St), the MCA-Indonesia II reserves the right to invite the
Consultant receiving the highest technical score (St) to negotiate both its
Technical and Financial Proposals.

If the negotiations fail to result in an acceptable contract within a

reasonable time, the MCA-Indonesia II reserves the right to terminate the
negotiations, at its sole discretion, and to invite—again, at its sole
discretion—the Consultant receiving the next highest technical score (St)
to negotiate both its Technical and Financial Proposals.
The formula for determining the financial scores is the following:
Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest
price and F the price of the Proposal under consideration.
The term price in this RFP refers to the Program Administration Support
Services Fixed Price amount. The Technical Advisory provisional sum
will not be considered for the financial score calculation.
The weights given to the Technical (T) and Financial Proposals (F) are:
T = 80 and F = 20
The formula for determining the final scores is the following:
 Sfinal= 80% x St + 20% x Sf

Where: Sfinal is the final score (out of 100) of tenderer under

consideration; St is the technical score (out of 100) of the tenderer under
consideration; and Sf is the financial score (out of 100) of the tenderer
under consideration.

In accordance with the MCC PPG, the Consultant’s past performance on MCC-funded
contracts, as well as their past performance on other contracts for work demonstrating
experience relevant to this assignment, will be considered, particularly in relation to the
evaluation criterion/criteria described above that call for the Consultant to demonstrate relevant
capabilities and experience in the MCA Entity’s evaluation of the Consultant’s Proposal. ITC
25.1 of this RFP notifies the Consultant that the MCA-Indonesia II reserves the right to contact
the Forms TECH-4 and TECH-5 References as well as other sources to check references and

52
Section II. Proposal Data Sheet

past performance. Negative references could lead to reductions in the technical scores at the
discretion of MCA-Indonesia II. If the proposed personnel have worked for another MCA,
please request and submit a reference letter from that MCA.

3.5 Determination of Responsiveness

During the evaluation of Proposals, the following definitions apply:
(a) “Deviation” is a departure from the requirements specified in the bidding document;
(iiii) “Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirements specified in the bidding document; and
(jjjj) “Omission” is the failure to submit part, or all of the information or
documentation required in the bidding document.
The MCA-Indonesia II’s determination of a Proposal's substantial responsiveness is to be
based on the contents of the Proposal itself. For purposes of this determination, a
substantially responsive Proposal is one that materially conforms to the requirements of the
RFP without material deviation, reservation, or omission. A material deviation, reservation,
or omission is one that:
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or performance of the Services
specified in the RFP; or
(xvi) limit in any substantial way, inconsistent with the RFP, the MCA-
Indonesia II’s rights or the Consultant's obligations under the proposed Contract;
or
(kkkk) if rectified, would unfairly affect the competitive position of other Consultants
presenting substantially responsive Proposals.
Any deviations for mandatory criteria/requirements shall be considered material
deviation. All other deviations shall be scored below the minimum technical threshold
and in a manner consistent with the evaluation framework established in Sub-section 3.6
below.
Provided that a Proposal is substantially responsive, the MCA-Indonesia II may waive
any nonmaterial nonconformity in the Proposal.
Provided that a Proposal is substantially responsive, the MCA-Indonesia II may request
that the Consultant submit the necessary information or documentation, within a
reasonable period of time, to rectify nonmaterial nonconformities in the Proposal related
to documentation requirements.
3.6 Technical Evaluation Framework
Each sub-criteria item shall be scored between 0 – 5 points, thus:
0 = Not meeting the requirements
1 = Significant deviation from the requirements

53
Section II. Proposal Data Sheet

2 = Marginal deviation from the requirements

3.5 = Meeting the requirements
4 = Marginally exceeding the requirements
5 = Significantly exceeding the requirements
The points will then be weighted as per the weights and sub-weights provided in the table
above.

54
Section II. Proposal Data Sheet

3.7 Qualification Table

Documents Establishing the Qualifications of the Consultant
The Consultant shall provide the information requested in the corresponding information sheets included in Section IV, Proposal
Forms, to establish that the Consultant meets the requirements established below. Sub-Consultants that form the team shall not be
replaced without the MCA Entity’s prior permission.
Factor 3.7.1 Eligibility
Consultant
Joint Venture or Association
Documentation
Requirement Single Each At least Sub-
All members Required
Entity Member one Consultant
combined
member
[Link] In accordance with Must meet Existing or Must meet N/A Must meet TECH-1 and
Qualification ITC 5.1 to 5.5, and requirement intended Joint requirement requirement attachments
and 5.9 Venture or
Eligibility other
association
must meet
requirement

[Link] No conflicts of Must meet Existing or Must meet N/A Must meet TECH-1 and
Conflict of interests as requirement intended Joint requirement requirement attachments
Interest described in ITC 5.6 Venture or
to ITC 5.9 unless the other
conflict of interest association
has been mitigated must meet
and the mitigation is requirement
approved by MCC.

55
Section II. Proposal Data Sheet

Factor 3.7.1 Eligibility

Consultant
Joint Venture or Association
Documentation
Requirement Single Each At least Sub-
All members Required
Entity Member one Consultant
combined
member
[Link] Not having been Must meet Existing or Must meet N/A Must meet TECH-1 and
Ineligibility declared ineligible requirement intended Joint requirement requirement attachments
and based on any of the Venture or
Debarment criteria set forth in other
ITC 5.11 association
must meet
requirement

The Consultant shall provide the information requested in the corresponding information sheets included in Section IV, Proposal
Forms, to establish that the Consultant meets the requirements established below. Sub-Consultants that form the team shall not be
replaced without the MCA Entity’s prior permission.

56
Section II. Proposal Data Sheet

Factor 3.7.2 Historical Contract Non-Performance

Consultant
Joint Venture or Association
Documentation
Requirement All Each member At least
Single Entity Sub-Consultant Required
members one
combined member
[Link] All pending Must meet N/A Must meet N/A Must meet Form TECH-2B
Pending proceedings, requirement by requirement by requirement by
Litigation litigation, itself, including itself or as itself or as a Sub-
arbitrations, as member of member of past Consultant to a
actions, claims, past or existing or existing Joint prime, or member
investigations or Joint Venture or Venture, or other of past or existing
disputes, in total, other association association (not Joint Venture, or
shall not represent (not mandatory if mandatory if in other association
more than ten in the past was as the past was as a (not mandatory if
percent (10%) of a member of a member of a in the past was as a
the Consultant’s Joint Venture or Joint Venture or member of a Joint
net worth. other association other association Venture or other
with less than with less than association with
20% role in the 20% role in the less than 20% role
contract). contract). in the contract).

57
Section II. Proposal Data Sheet

Factor 3.7.3 Financial Situation

Consultant Documentatio
Joint Venture n Required
Sub-
Sub-Factor Requirement Single All At least
Each Consultan
Entity members one
member t
combined member
[Link] Submission of evidence Must meet N/A Must meet N/A N/A Form TECH-2A,
Historical to the Consultant’s requiremen requiremen TECH-2B and
Financial financial capacity to t t Form TECH-4
Performance mobilize and sustain the
Services. This
requirement will involve
the assessment of the
Consultant’s overall
financial health based on
submitted audited
financial statements.

[Link] The Consultant must Must meet Must meet Must meet N/A N/A Form TECH-2A,
Financial demonstrate access to, or requiremen requiremen requiremen TECH-2B and
Resources availability of, financial t t t Form TECH-4
resources such as liquid
assets, unencumbered
real assets, lines of
credit, and other
financial means.

58
Section II. Proposal Data Sheet

Factor 3.7.4 Experience

Consultant
Joint Venture Documentatio
Sub-Factor Requirement Single All Each At least Sub- n Required
Entity members membe one Consultant
combined r member
[Link] See Criteria table under Must meet Must meet N/A N/A N/A Form TECH-3 /
Organization 3.4 and specific areas of requirement requirement Form TECH-6
Capability and TOR
Technical
Proposal

[Link] General See Criteria table under Must meet Must meet N/A Must meet Must meet the Form TECH-4
& Specific 3.4 and specific areas of requirement requirement each discrete specialized
Experience TOR requirement requirement it
will be assigned

59
Section IV A. Technical Proposal Forms (TPF)

SECTION IV A. TECHNICAL PROPOSAL FORMS (TPF)

Disclosure in these technical forms of any proposed prices will constitute grounds for
declaring the Proposal non-responsive; see ITC Sub-clause 12.4.

Note: Comments in brackets on the following pages serve to provide guidance for the
preparation of the Technical Proposal and therefore should not appear on the Technical Proposal
to be submitted.

TECH-1 Technical Proposal Submission Form

TECH-2A Financial Capacity of the Consultant
TECH-2B Current and Past Proceedings, Litigation, Arbitration, Actions, Claims,
Investigations and Disputes of the Consultant
TECH-3 Organization of the Consultant
TECH-4 Experience of the Consultant
TECH-5 References of MCC-Funded Contracts
TECH-6 Description of Approach, Methodology and Work Plan for Performing the
Assignment
TECH-7 Comments and Suggestions on the Terms of Reference & Assignment
TECH-8 Team Composition and Task Assignments
TECH-9 Staffing Schedule
TECH-10 Work and Deliverables Schedule
TECH-11 Curriculum Vitae (CV) of Proposed Key Professional Personnel
TECH-12 Compliance with Sanctions Certification Form.

60
Section IV A. Technical Proposal Forms (TPF)

Form TECH-1. Technical Proposal Submission Form

[insert location]
To:
Maurin Sitorus
Executive Director, MCA-Indonesia II

Address:

Ladies and Gentlemen:

Re: Program Management Consultant for Program Administration Support for all
activities in MCA-Indonesia II that include operation management support and
technical advisory services under the three Compact Projects
RFP Ref: IND2-23-4014-QCBS
We, the undersigned, offer to provide the consulting services for the abovementioned
assignment in accordance with your Request for Proposal (RFP) dated 13 November 2023 and
our Proposal.
We are hereby submitting our Technical Proposal for Program Management
Consultant for Program Administration Support for all activities in MCA-Indonesia II
that include operation management support and technical advisory services under the
three Compact Projects as a separate document. Our Financial Proposal is also submitted as a
separate document.
We hereby certify that we are not engaged in, facilitating, or allowing any of the
prohibited activities described in the MCC Counter-Trafficking in Persons Policy and that we
will not engage in, facilitate, or allow any such prohibited activities for the duration of the
Contract. Further, we hereby provide our assurance that the prohibited activities described in the
MCC Counter-Trafficking in Persons Policy will not be tolerated on the part of our employees,
or any Sub-Consultants, or Sub-Consultant employees. Finally, we acknowledge that engaging in
such activities is cause for suspension or termination of employment or of the Contract.
We acknowledge notice of MCC’s Policy on Preventing, Detecting and Remediating
Fraud and Corruption in MCC Operations 2. We have taken steps to ensure that no person acting
for us or on our behalf has engaged in any corruption or fraud described in ITC Clause 3. As part
of this, we certify that:
(a) The prices in this offer have been arrived at independently, without, for the purpose of
restricting competition, any consultation, communication, or agreement with any other
offer or competitor relating to:
2 Available at [Link]/resources/doc/policy-fraud-and-corruption

61
Section IV A. Technical Proposal Forms (TPF)

(i) Those prices;

(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(b) The prices in this offer have not been and will not be knowingly disclosed by us, directly
or indirectly, to any other offeror or competitor before Proposal opening or Contract
award unless otherwise required by law;
(c) No attempt has been made or will be made by us to induce any other concern to submit or
not to submit an offer for the purpose of restricting competition; and
(d) We have no conflict of interest in accordance with ITC Clause 5.7 [insert, if needed: “,
other than listed below.”] [If listing one or more conflicts of interest, insert: “We propose
the following mitigations for our conflicts of interest: [Insert description of conflict of
interest, and proposed mitigations.”].
We are hereby submitting our Proposal, which includes this Technical Proposal, and a
Financial Proposal, each sealed in separate and clearly marked envelope/parcel.
We are submitting our Proposal in Association with:
[Insert a list with full name and address of each associated Consultant].3
We hereby declare that all the information and statements made in this Proposal are true
and accept that any misinterpretation contained in it may lead to our disqualification.
We are attaching herewith information to support our eligibility in accordance with
Section III of the RFP.
If negotiations are held during the initial period of validity of the Proposal, we undertake
to negotiate on the basis of the nominated Key Professional Personnel.
Our Proposal is binding upon us and subject to the modifications resulting from Contract
negotiations, and we undertake, if our Proposal is accepted, to initiate the consulting
services related to the assignment not later than the date indicated in this RFP.
We understand and accept without condition that, in accordance with ITC Clause 30.1,
any challenge or protest to the process or results of this procurement may be brought only
through the MCA Entity’s Interim Bid Challenge System (IBCS).
Our Proposal shall be valid for a period of [insert number] days from the date fixed for
the proposal submission deadline in accordance with the RFP, and it shall remain binding
upon us and may be accepted at any time before the expiration of that period.
Commissions or gratuities, if any, paid or to be paid by us to agents relating to this
Proposal, and to Contract execution if we are awarded the Contract, are listed below:

3[Delete in case no Association is foreseen.]

62
Section IV A. Technical Proposal Forms (TPF)

Name and address of agent Amount and Purpose of commission or

currency gratuity

(if none, state “none”)

We understand you are not bound to accept any Proposal that you may receive.
We acknowledge that our digital/digitized signature is valid and legally binding.

Yours sincerely,

[Authorized Signatory]

[Name and Title of

Signatory]
[Name of Consultant]

[Address of Consultant]

Annexes:
1. Power of Attorney demonstrating that the person signing has been duly authorized to sign
the Proposal on behalf of the Consultant and its Associates;
2. Letter(s) of Incorporation (or other documents indicating legal status); and
3. Joint Venture or Association Agreements (if applicable, but without showing any
Financial Proposal information).
4. [Other Documents Required in PDS]

63
Section IV A. Technical Proposal Forms (TPF)

Form TECH-2A. Financial Capacity of the Consultant

The MCA Entity reserves the right to request additional information about the financial
capacity of the Consultant. A Consultant that fails to demonstrate through its financial
records that it has the financial capacity to perform the required Services may be
disqualified.
To demonstrate its financial capacity, Consultants are required to provide the following
financial documents:
 Audited financial statements for the last three (3) years, supported by audit letters.
 Evidence of financing dedicated for the implementation of the consulting services as
attested by an authorized representative of the Consultant.
The above should demonstrate for the Consultant access to, or availability of, financial resources
such as liquid assets, unencumbered real assets, lines of credit, and other financial means.
Failure to submit either of the documents as evidence of financial capacity will result in the
rejection of the Proposal.
If the Proposal is submitted by a joint venture, all parties of the joint venture are required to
submit the financial capacity information requested. The reports should be submitted in the order
of the Associate’s significance in the joint venture, greatest to least.

64
Section IV A. Technical Proposal Forms (TPF)

Form TECH-2B. Current and Past Proceedings, Litigation, Arbitration,

Actions, Claims, Investigations and Disputes of the Consultant
[Provide information on current or past proceedings, litigation, arbitration, action claims,
investigations or disputes over the last five (5) years as shown in the form below.]
The Consultant, or any related company or entity or affiliate, has been involved in any
proceeding, litigation, arbitration, action, claim, investigation or dispute within the past five (5)
years the process or outcome of which the MCA Entity could reasonably interpret may impact or
have the potential to impact the financial or operational condition of the Consultant in a manner
that may adversely affect the Consultant’s ability to satisfy any of its obligations under the
Contract: No:____ Yes:______ (If “Yes,” see below)

Current or Past Proceedings, Litigation, Arbitration, Actions, Claims, Investigations, or

Disputes Within the Last Five (5) Years (per the criteria above)
Value of Award
Year Matter in Dispute Against Consultant
in US$ Equivalent

65
Section IV A. Technical Proposal Forms (TPF)

Form TECH-3. Organization of the Consultant

[Provide a brief description of the background and organization of your firm/entity and of each
Associate for this assignment. Include the organization chart of your firm/entity as well as the
Association and each Associate, as applicable. The Proposal must demonstrate that the
Consultant has the organizational capability and experience to provide home office project
management of the contract as well as the necessary administrative and technical support to the
Consultant’s Project Team in country. The Proposal shall further demonstrate that the Consultant
has the capacity to field and provide experienced replacement Personnel on short notice.
[Maximum 10 pages]

66
Section IV A. Technical Proposal Forms (TPF)

Form TECH-4. Experience of the Consultant

[Using the format below, provide information on each relevant assignment for which your firm,
and each Associate for this assignment, was legally contracted either individually as a corporate
entity or as one of the major companies within an association, for carrying out consulting
services similar to the ones requested under the Terms of Reference included in this RFP. This
shall include all MCC-funded assignments of a similar nature. Failure to include experience
in any project where MCC funds were used may result in disqualification of the Proposal. The
Proposal must demonstrate that the Consultant has a proven track record of successful
experience in executing projects similar in substance, complexity, value, duration, and volume of
services sought in this procurement. The Consultant shall use this form to document the relevant
experience of any Sub-Consultant that the Consultant is proposing to satisfy any specialized
requirement under Qualification Factor [Link].
Consultant should provide a summary of their experience and knowledge in accordance with the
Terms of Reference.
[Maximum 20 pages, including 6 pages maximum for similar experiences]

1.1 General Experience of the Consultant

Assignment name: Approx. value of the contract (in current
US$):
Country: Duration of assignment (months):
Location within country:
Name of client: Total No. of staff-months of the assignment:
Email and phone of references Provide contact information for at least three
(3) references that can provide substantial input
about (1) the type of work performed and (2)
the quality of the work. For each reference, list
a contact individual, their title, address, phone
and e-mail address
Address: Approx. value of the services provided by your
firm under the contract (in current US$):
Start date (month/year): No. of professional staff-months provided by
Completion date (month/year): associated consultants:
Name of associated consultants, if any: Name of proposed senior professional staff of
your firm involved and functions performed
(indicate most significant profiles such as
project director/coordinator, team leader):
Narrative description of project:

Narrative description of the project’s mobilization demands and how your firm managed that
mobilization’s administrative, logistical and financial requirements.
Description of actual services provided by your staff within the assignment:

67
Section IV A. Technical Proposal Forms (TPF)

Description of activities and task relevant to the evaluation criteria:

Name of Firm: _________________________________

1.2 Specific Experience of the Consultant in Monitoring and Managing Large

Consulting Services packages, that includes managing Complex Stakeholder
Engagement, Consultation Processes and Capacity Building Programs
Assignment name: Approx. value of the contract (in current
US$):
Country: Duration of assignment (months):
Location within country:
Name of client: Total No. of staff-months of the assignment:
Email and phone of references Provide contact information for at least three
(3) references that can provide substantial input
about (1) the type of work performed and (2)
the quality of the work. For each reference, list
a contact individual, their title, address, phone
and e-mail address
Address: Approx. value of the services provided by your
firm under the contract (in current US$):
Start date (month/year): No. of professional staff-months provided by
Completion date (month/year): associated consultants:
Name of associated consultants, if any: Name of proposed senior professional staff of
your firm involved and functions performed
(indicate most significant profiles such as
project director/coordinator, team leader):
Narrative description of project:

Narrative description of the project’s mobilization demands and how your firm managed that
mobilization’s administrative, logistical and financial requirements.
Description of actual services provided by your staff within the assignment:

Description of activities and task relevant to the evaluation criteria:

68
Section IV A. Technical Proposal Forms (TPF)

1.3 Specific Experience of the Consultant in Indonesia/Regional

Assignment name: Approx. value of the contract (in current
US$):
Country: Duration of assignment (months):
Location within country:
Name of client: Total No. of staff-months of the assignment:
Email and phone of references Provide contact information for at least three
(3) references that can provide substantial input
about (1) the type of work performed and (2)
the quality of the work. For each reference, list
a contact individual, their title, address, phone
and e-mail address
Address: Approx. value of the services provided by your
firm under the contract (in current US$):
Start date (month/year): No. of professional staff-months provided by
Completion date (month/year): associated consultants:
Name of associated consultants, if any: Name of proposed senior professional staff of
your firm involved and functions performed
(indicate most significant profiles such as
project director/coordinator, team leader):
Narrative description of project:

Narrative description of the project’s mobilization demands and how your firm managed that
mobilization’s administrative, logistical and financial requirements.
Description of actual services provided by your staff within the assignment:

Description of activities and task relevant to the evaluation criteria:

69
Section IV A. Technical Proposal Forms (TPF)

1.4 Specific Experience of the Consultant in Subnational Level in Indonesia

Assignment name: Approx. value of the contract (in current

US$):
Country: Duration of assignment (months):
Location within country:
Name of client: Total No. of staff-months of the assignment:
Email and phone of references Provide contact information for at least three
(3) references that can provide substantial input
about (1) the type of work performed and (2)
the quality of the work. For each reference, list
a contact individual, their title, address, phone
and e-mail address
Address: Approx. value of the services provided by your
firm under the contract (in current US$):
Start date (month/year): No. of professional staff-months provided by
Completion date (month/year): associated consultants:
Name of associated consultants, if any: Name of proposed senior professional staff of
your firm involved and functions performed
(indicate most significant profiles such as
project director/coordinator, team leader):
Narrative description of project:

Narrative description of the project’s mobilization demands and how your firm managed that
mobilization’s administrative, logistical and financial requirements.
Description of actual services provided by your staff within the assignment:

Description of activities and task relevant to the evaluation criteria:

70
Section IV A. Technical Proposal Forms (TPF)

Form TECH-5. References of MCC-Funded Contracts

Each Consultant or member of a Joint Venture/Association making up the Consultant must fill in
this form and include information about any and all MCC-funded contracts (either with MCC
directly or with any Millennium Challenge Account Entity, anywhere in the world) to which the
Consultant or member of a Joint Venture/Association making up the Consultant is or has been a
party whether as a lead Consultant, affiliate, associate, subsidiary, Sub-Consultant, or in any
other role.

Contracts with MCC

Contract Name and Role in Contract Total Contract Client Name, Address and
Number Amount reference contact email-
phone

Contracts with an MCA-Entity

Contract Name and Role in Contract Total Contract Client Name, Address and
Number Amount reference contact email-
phone

71
Section IV A. Technical Proposal Forms (TPF)

Form TECH-6. Description of Approach, Methodology and Work Plan for

Performing the Assignment

In this section, the Consultant should provide a comprehensive description of how it will provide
the required Services in accordance with the Terms of Reference (TOR) included in this RFP.
Information provided must be sufficient to convey to the TEP that the Consultant has an
understanding of the challenges in performing the required Services and that it has an approach,
methodology and work plan to overcome those challenges.

The scope of this consultancy is to provide consultancy services for program administration
support and Technical Advisory Support to MCA-Indonesia II as described in the sections below.
The overarching objective of the consultancy is to facilitate the advancement of transport and
logistics sector by improved project planning, preparation and development and transformation
of the infrastructure finance, financial markets environment and access to finance to MSMEs in
Indonesia by conducting a comprehensive analysis, engaging stakeholders, and developing a
Roadmap, implementation of good practice infrastructure projects in transport/logistics,
providing finance to MSMEs with a focus to empower women entrepreneurs and Program
Design for the capacity building and technical assistance (CB/TA) activity that addresses key
issues of access to better transport and logistics, financing infrastructure projects, access to
finance for MSMEs, enhances awareness, and fosters support for the Compact, to be
implemented during 5-year Compact. The roadmap and program design should targeted key
critical issues and priorities in improving access to finance for infrastructure, particularly by
shifting from bank loans into long-term capital market instruments, increasing participation
institutional investors, and embracing efficient risk management in project finance/structured
finance.
The bidder’s Technical Proposal should be divided into the following three (3) chapters:
a) Technical Approach and Methodology. In this chapter, should explain their
understanding of the objectives of the assignment, approach to the services, methodology
for carrying out the activities and obtaining the expected output, and the degree of detail
of such output. The bidder should highlight the problems being addressed and their
importance and explain the technical approach you would adopt to address them,
including the cross-cutting aspects (e.g., environmental and social protections, gender and
social inclusion, and also climate change related activities). The bidder should also
explain the methodologies they propose to adopt and highlight the compatibility of those
methodologies with the proposed approach. Also comment here on any specialized
equipment and/or software of which may be necessary to perform the scope indicated in
the Terms of Reference. The bidder ability to show how this assignment is different or
similar to their previous assignments will be an advantage.
b) Work Plan. In this chapter, should propose the main activities of the assignment, their
content and duration, phasing and interrelations, milestones (including interim approvals
by the MCA-I), and delivery dates of the reports. The proposed work plan should be
consistent with the technical approach and methodology, showing understanding of the
TOR and ability to translate them into a feasible working plan. A list of the final
documents, including reports, drawings, and tables to be delivered as final output, should

72
Section IV A. Technical Proposal Forms (TPF)

be included here. The work plan should be consistent with the Work and Deliverables
Schedule of Form TECH-10.
c) Organization and Staffing. In this chapter, the bidder should propose the structure and
composition of your team and their assignment in the project. In this chapter the bidder
will describe its approach towards ensuring gender balance in its staffing decisions (as
well as subcontracting), to ensure diversity, equity, and inclusion and opportunities for
local personnel capacity building. In summarizing its approach towards this objective, the
bidder will also describe its existing or planned approaches for ensuring non-
discrimination, equity, and inclusion, as well as a harassment-free workplace, as per the
requirements of clauses 28 and 29 of the General Conditions of the Contract. The bidder
should list the main disciplines of the assignment, the key expert responsible, and
proposed technical and support staff.
Payment Schedule. Consultant to propose payment schedule with the prices that align with their
cost structure for each set of deliverables.
Note: Where the Terms of Reference includes tasks relevant to gender and social inclusion, the
proposal should explicitly address how the Consultant will perform these tasks in the technical
approach, and methodology, work plan, organization and staffing. We recognize that this type of
expertise and experience may be outside of the normal work of some Consultants offering
proposals, and thus call special attention to the importance of an adequately inter-disciplinary
proposal and staffing plan.
[Maximum 25 pages, including charts and diagrams]

73
Section IV A. Technical Proposal Forms (TPF)

Form TECH-7. Comments and Suggestions on the Terms of Reference &

Assignment
The MCA Entity welcomes comments and suggestions to improve the assignment to provide a
better value for money. These comments and suggestions shall not be used for evaluation
purposes but may be discussed during negotiations. The MCA Entity is not bound to accept
anything proposed. If the proposed modifications/suggestions would require changes in the
offered price, it shall be noted as such, without giving the price of the change.
[Maximum 5 pages]
A: On the Terms of Reference
[Present and justify here any modifications or improvements to the Terms of Reference you are
proposing to improve performance in carrying out the assignment (such as deleting some activity
you consider unnecessary, or adding another, or proposing a different phasing of the activities).]
B: On the Staff and Facilities
[Comment here on the staff and facilities to be provided by the MCA Entity.]

74
Section IV A. Technical Proposal Forms (TPF)

Form TECH-8. Team Composition and Task Assignments

Key Professional Personnel

Area of Position
Name of Staff Organization Task Assigned
Expertise Assigned

Key Personnel

K-1 Team Leader

K-2: Deputy-Team Leader

for Program Administration

K-3: Program Performance

and Control Specialist

K-4: Program Compliance

and Monitoring Specialist

K-5: Deputy-Team Leader

for ATLAS Project

K-6: Deputy-Team Leader

for FMDP Project

K-7: Deputy-Team Leader

for MSME Finance Project

Non-Key Personnel – Supporting Staff

Gender and Social

Integration Specialist

Environment and Social

Performance Specialist

Other Supporting Staff (e.g.

75
Section IV A. Technical Proposal Forms (TPF)

Subject Matter Experts:

The Consultant shall add a specific section to demonstrate the Consultant’s ability to provide the
required Subject Matter Experts to execute Technical Advisory Support Task as well as the
logistical arrangements given the complex project set-up in numerous geographical locations
throughout Indonesia. In support of their ability, the Consultant may provide names of potential
candidates for the proposed professional categories, as desired.

Subject Matter Experts

Area of Position
Name of Staff Organization Task Assigned
Expertise Assigned

76
Section IV A. Technical Proposal Forms (TPF)

Form TECH-9. Staffing Schedule (Key Professional Personnel and Support Staff)
Staff input (in the form of a bar chart)4 Total staff-month input
15 2 3 4 5 6 7 8 9 10 11 N Home Field6 Total
Foreign
1 [Home]
[Field]
2 [Home]
[Field]
3 [Home]
[Field]
n [Home]
[Field]
Subtotal
Local
[Home]
1
[Field]
2

n
Support Staff Subtotal
Total

Full time input: Part time input:

4 For Key Professional Personnel, the input shall be indicated individually; for support staff it shall be indicated by category (e.g.: draftsmen, clerical staff, etc.)

5 Months are counted from the start of the assignment. For each Personnel, indicate separately staff input for home and field work.
6 Field work means work carried out at a place other than the Consultant's home office.

77
 Section IV A. Technical Proposal Forms (TPF)

Form TECH-10. Work and Deliverables Schedule7

Tasks Months

1 2 3 4 5
PROGRAM ADMINISTRATIVE SUPPORT TASKS

1.1 Task 1 – Program

Initiation

1.1.1 List sub-activities

1.1.2

1.2 Task 2 – Program

Management Planning
(PMP)
1.2.1 List sub-activities

1.2.2

1.3 Task 3 – Program

Management Support
1.3.1 List sub-activities

7 Tasks and deliverables in this form are indicative, Consultant can propose its own Work and Deliverables schedule reflecting its proposed Approach and
methodology

78
 Section IV A. Technical Proposal Forms (TPF)

1.3.2

Deliverables

10

11

12

13

14

15

79
 Section IV A. Technical Proposal Forms (TPF)

16

17

18

19

20

21

22

[Indicate all main activities of the assignment, including deliverables and other milestones, such as the MCA Entity approvals. For
phased assignments, indicate activities, deliverables, and milestones separately for each phase. Duration of activities shall be indicated
in the form of a bar chart. See TOR for the full list of deliverables. Above is a sample format (to be further completed by the
Consultant based on the TOR requirements) that shall be used by the Consultant as an indicator of the proposed workload. The
submission shall be evaluated as part of the Approach and Methodology.]

80
Section IV A. Technical Proposal Forms (TPF)

Form TECH-11. Curriculum Vitae (CV) for Proposed Key

Professional Personnel8
Proposed Position [only one candidate shall be nominated for each position]
Name of Firm [Insert name of firm proposing the staff]
Name of Personnel [Insert full name]
Date of Birth [Insert birth date]
Nationality [Insert nationality]
Education [Indicate college/university and other specialized education of
staff member, giving names of institutions, degrees obtained, and
dates of obtainment]
Membership in
Professional Associations
Other Training [Indicate appropriate postgraduate and other training]
Countries of Work [List countries where staff has worked in the last ten years]
Experience
Languages [For each language indicate proficiency: good, fair, or poor in
speaking, reading, and writing]
Language Speaking Reading Writing

Employment Record [Starting with present position, list in reverse order every
employment held by staff member since graduation, giving for
each employment (see format here below): dates of employment,
name of employing organization, positions held.]
From [year]: To [year]:
Employer:
Position(s) held:
Detailed Tasks Assigned [List all tasks to be performed under this assignment]
Work undertaken that [Among the assignments in which the staff has been involved,
best illustrates capability indicate the following information for those assignments that best
to handle the tasks illustrate staff capability to handle the tasks assigned.]
assigned:
Name of assignment
or project:
Year:
8 Please provide the CVs only of the Key Personnel as defined in section 10.2.1 of the TORs. Non-Key
Personnel/Supporting staff and Subject Matter Experts shall be covered in Form TECH 8 above.

81
Section IV A. Technical Proposal Forms (TPF)

Location:
Client:
Main project features:
Position held:
Activities performed:
References:
[List at least three individual references with substantial knowledge of the person’s work. Include
each reference’s name, title, phone and e-mail contact information.] [The MCA Entity reserves
the right to contact other sources as well as to check references, in particular for performance on
any relevant MCC-funded projects.]
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes me, my qualifications, and my experience. I understand that any willful misstatement
described herein may lead to my disqualification or dismissal, if engaged.
I, the undersigned, hereby declare that I agree to participate with the [Consultant] in the above-
mentioned Request for Proposal. I further declare that I am able and willing to work:
1. for the period(s) foreseen in the specific Terms of Reference attached to the above
referenced Request for Proposal for the position for which my CV has been included in
the offer of the Consultant and
2. within the implementation period of the specific contract.

Signature of Key Professional Personnel

If this form has NOT been signed by the Key Professional Personnel, then in signing below
the authorized representative of the Consultant is making the following declaration.
“In due consideration of my signing herewith below, if the Key Professional Personnel has
NOT signed this CV then I declare that the facts contained therein are, to the best of my
knowledge and belief, a true and fair statement AND THAT I confirm that I have approached
the said Key Professional Personnel and obtained his assurance that he will maintain his
availability for this assignment if the Contract is agreed within the Proposal validity period
provided for in the RFP.”

Signature of Authorized Representative of the Consultant

82
Section IV A. Technical Proposal Forms (TPF)

Form TECH-12. Compliance With Sanctions Certification Form

In satisfaction of Clause G of the Additional Provisions at Annex B of the Contract, this form is
to be completed by the Consultant upon submission of the Proposal and, if selected, within 28
days of receipt of Letter of Acceptance and Contract Agreement, and subsequently thereafter on
the last business day prior to the last day of each quarter (March 31, June 30, September 30,
December 31) after the signature of an MCC-Funded Contract9, for the duration of the Contract.

The form is to be submitted to the MCA Procurement Agent at the time of Bid submission, and
to the MCA Entity Fiscal Agent thereafter mcaindonesiapa@[Link] with a copy to MCC
at: sanctionscompliance@[Link].

For the avoidance of doubt, pursuant to the MCC Program Procurement Guidelines, reporting the
provision of material support or resources (as defined below) to an individual or entity on the
enumerated lists will not necessarily result in the disqualification of a Consultant or cancellation
of the Contract. However, failure to report such provision, or any similar material
misrepresentation, whether intentional or without due diligence, would be grounds for
disqualifying the Consultant or canceling the Contract, and may subject such Consultant to
criminal, civil, or administrative remedies as appropriate under U.S. law.

9 “MCC-Funded Contract” is defined as a contract signed by an MCA Entity or Core Team, as opposed to a contract
signed by MCC, under the provisions of MCC’s Program Procurement Guidelines, and using funding provided by
MCC, through a Compact Program, a Threshold Program, or 609(g) funding.

83
Section IV A. Technical Proposal Forms (TPF)

Instructions for completing this form are provided below.

Compliance with Sanctions Certification Form
Full Legal Name of Consultant: _________________________________________________
Full Name and Number of Contract: _____________________________________________
MCA Entity with which Contract Signed: ________________________________________

ALL CONSULTANTS TO CHECK THE APPLICABLE BOX BELOW:

 All eligibility verifications have been completed in accordance with Annex B “Additional Provisions”, Paragraph
G “Compliance with Terrorist Financing Legislation and Other Restrictions”, and the Consultant hereby
certifies as follows:
o No adverse or negative results were obtained from such eligibility verifications; and
o To the best of its current knowledge, the Consultant has not provided, at any time within the previous ten years
or currently, any material support or resources (including without limitation, any MCC Funding10), directly or
indirectly to, or knowingly permitted any funding (including without limitation any MCC Funding) to be
transferred to, any individual, corporation or other entity that the Consultant knew, or had reason to know,
commits, attempts to commit, advocates, facilitates, or participates in any terrorist activity, or has committed,
attempted to commit, advocated, facilitated or participated in any terrorist activity, including, but not limited to,
the individuals and entities on the enumerated lists described below (including the Consultant itself).
OR
 All eligibility verifications have been completed in accordance with Annex B “Additional Provisions”, Paragraph
G “Compliance with Terrorist Financing Legislation and Other Restrictions”, and the Consultant hereby
certifies that the following adverse or negative results were obtained from such eligibility verifications (information to
be provided for each result in accordance with the instructions included with this form):

 Name of individual, corporation or other entity:

 Eligibility verification source(s) where listed ineligible:
 Position (if individual), or goods or services provided (if corporation or other entity):
 Estimated value of work performed as of certification date:
 A description of, and the circumstances under which such support was provided.

I hereby certify that the information provided above is true and correct in all material respects
and understand that any material misstatement, misrepresentation or failure to provide the
information requested in this certification may be deemed “fraud” for purposes of the ITC or
Contract between the Consultant and the MCA Entity, the MCC Program Procurement
Guidelines, and other applicable MCC policy or guidance, including MCC’s Policy on
Preventing, Detecting and Remediating Fraud and Corruption in MCC Operations.

Authorized Signature: __________________________________ Date: _________________

10 “MCC Funding” is defined, for the purposes of this RFP, as the funding MCC has made available to the
Government pursuant to the terms of the CDF Agreement and the Compact.

84
Section IV A. Technical Proposal Forms (TPF)

Printed Name of Signatory: ____________________________________________________

85
Section IV A. Technical Proposal Forms (TPF)

INSTRUCTIONS FOR COMPLETING THE COMPLIANCE WITH SANCTIONS

CERTIFICATION FORM:

The Consultant shall perform the following procedures to verify the eligibility of firms, key
personnel, subcontractors, vendors, suppliers, and grantees, in accordance with Annex B
“Additional Provisions”, Paragraph G “Compliance with Terrorist Financing Legislation
and Other Restrictions”, which is copied below for convenience.

Based on the results of these eligibility verifications, the Consultant shall provide the applicable
certification in the attached certification form. Note that for the purposes of this certification,
Consultants are only required to submit detailed back-up documentation about the eligibility
verifications together with their certification form if the Consultant identifies adverse or negative
results. If not, Consultants are free to mark the certification form accordingly and submit it to
the appropriate recipient (although the Consultant must maintain records per the instructions
below).

The Consultant shall verify that any individual, corporation, or other entity that has access to or
is (or would be) a recipient of MCC Funding, including Consultant staff, consultants, sub-
contractors, vendors, suppliers, and grantees, is not listed on any of the following (or, in the case
of #8 below, is not a national of, or associated in, any country appearing on such list):

1. System for Award Management (SAM) Excluded Parties List -

[Link]
2. World Bank Debarred List - [Link]
3. US Treasury, Office of Foreign Assets Control, Specially Designated Nationals (SDN)
List - [Link]
4. US Department of Commerce, Bureau of Industry and Security, Denied Persons List -
[Link]
5. US State Department, Directorate of Defense Trade Controls, AECA Debarred List -
[Link]
id=ddtc_kb_article_page&sys_id=c22d1833dbb8d300d0a370131f9619f0
6. US State Department, Foreign Terrorist Organizations (FTO) List -
[Link]
7. US State Department, Executive Order 13224 - [Link]
13224/
8. US State Sponsors of Terrorism List - [Link]

In addition to these lists, before providing any material support or resources to an individual or
entity, the Consultant will also consider all information about that individual or entity of which it
is aware and all public information that is reasonably available to it or of which it should be
aware.

86
Section IV A. Technical Proposal Forms (TPF)

Documentation of the process takes two forms. The Consultant should prepare a table listing
each staff member, consultant, sub-contractor, vendor, supplier, and grantee working on the
Contract, such as the form provided below.

Date Checked
1 2 3 4 5 6 7

Parties List
SAM Excluded
Debarred List
World Bank

SDN List

List
Denied Persons
Debarred List
AECA

FTO List

Order 13224
Executive
Eligibl
Name e (Y/N)
Consultant (the firm
itself)
Staff Member #1
Staff Member #2
Consultant #1
Consultant #2
Sub-Contractor #1
Sub-Contractor #2
Vendor #1
Supplier #1
Grantee #1

The Consultant should list the date on which the search was conducted using each eligibility
verification source, and whether the staff member, consultant, sub-contractor, vendor, supplier, or
grantee was determined to be eligible – that is, did not show up on any of the eligibility
verification sources.

In addition, 1. SAM Excluded Parties List, 3. SDN List, and 5. AECA Debarred List are
searchable databases that return a positive or negative search results page upon submission of a
name to be searched, in order to document the eligibility, the Consultant should print out and
retain for each staff member, consultant, sub-contractor, vendor, supplier, or grantee the search
results page for each eligibility verification source, which should read, “Has Active Exclusion?
No” or “No records found.” (in the case of SAM Exclusion List), “Your search has not returned
any results.” (in the case of SDN List), or “No records in Statutorily Debarred Parties using that

87
Section IV A. Technical Proposal Forms (TPF)

filter” or “No records in Admin Debarred Parties using that filter” (in the case of AECA
Debarred List). In the case of 2. World Bank Debarred List, Table 1: Debarred & Cross-Debarred
Firms & Individuals will display a blank field that indicates no matching records have been
found. For 4. Denied Persons List, 6. FTO List, and 7. Executive Order 13224, there is no
searchable database provided, so the Consultant will review each static list and confirm it does
not name the firms or individuals identified in the table above.

If an adverse record(s) has/have been found for one or more individuals or entities, including for
the Consultant itself, the Consultant must conduct additional research to determine whether the
finding is a “false positive” (such as an individual whose name matches the name of an
individual listed on a sanctions list, but is a different person). If it is a false positive, the
Consultant will mark the staff member, consultant, sub-contractor, vendor, supplier, or grantee as
eligible, and retain the research confirming that eligibility.

If, any of the Consultant’s personnel, consultants, sub-contractors, vendors, suppliers, or grantees
are found to be ineligible at this stage, the MCA Entity will determine whether it is possible
under the circumstances to allow the Consultant to make a substitution. This determination will
be made on a case by case basis and will require approval by MCC regardless of the estimated
value of the proposed contract.

In addition, in accordance with MCC Program Procurement Guidelines P1.A.1.9(d), the

Consultant must ensure that MCC Funding is not used for goods or services from a country, or
from a firm that is organized in or has its principal place of business or a significant portion of its
operations in a country, that is subject to country-based sanctions or other restrictions under the
law of the United States, including U.S. designated State Sponsors of Terrorism
([Link]

All of these documents must be retained by the Consultant as part of the overall record of the
Contract with the MCA Entity for the duration of the Contract, and for the further period after the
Contract expiration that is required for document retention under the Contract (typically five
years after the expiration date of the Compact Program or Threshold Program). Access to these
documents must be provided to the MCA Entity, MCC, or their designees in accordance with the
access provisions of the Contract, and to the USAID Office of Inspector General (responsible for
oversight of MCC operations), upon request.

88
Section IV A. Technical Proposal Forms (TPF)

Annex B “Additional Provisions,” Paragraph G “Compliance with Terrorist Financing

Legislation and Other Restrictions”

1. The Contract Party, to the best of its current knowledge, did not provide, within the previous
ten years, and will take all reasonable steps to ensure that it does not and will not knowingly
provide material support or resources (as defined below) directly or indirectly to, or
knowingly permit any funding (including without limitation MCC Funding) to be transferred
to, any individual, corporation or other entity that such Party knows, or has reason to know,
commits, attempts to commit, advocates, facilitates, or participates in any terrorist activity, or
has committed, attempted to commit, advocated, facilitated or participated in any terrorist
activity, including, but not limited to, the individuals and entities (i) on the master list of
Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of
Treasury’s Office of Foreign Assets Control, which list is available at
[Link]/offices/enforcement/ofac, (ii) on the consolidated list of individuals and
entities maintained by the “1267 Committee” of the United Nations Security Council, (iii) on
the list maintained on [Link], or (iv) on such other list as the MCA Entity may
request from time to time.

For purposes of this provision:

a) “Material support and resources” includes currency, monetary instruments or other

financial securities, financial services, lodging, training, expert advice or assistance, safe
houses, false documentation or identification, communications equipment, facilities,
weapons, lethal substances, explosives, personnel, transportation, and other physical
assets, except medicine or religious materials.

b) “Training" means instruction or teaching designed to impart a specific skill, as opposed to

general knowledge.

c) “Expert advice or assistance" means advice or assistance derived from scientific,

technical, or other specialized knowledge

2. The Contract Party shall ensure that its activities under this Agreement comply with all
applicable U.S. laws, regulations and executive orders regarding money laundering, terrorist
financing, U.S. sanctions laws, restrictive trade practices, boycotts, and all other economic
sanctions promulgated from time to time by means of statute, executive order, regulation or
as administered by the Office of Foreign Assets Control of the United States Treasury
Department or any successor governmental authority, including, 18 U.S.C. Section 1956, 18
U.S.C. Section 1957, 18 U.S.C. Section 2339A, 18 U.S.C. Section 2339B, 18 U.S.C. Section
2339C, 18 U.S.C. Section 981, 18 U.S.C. Section 982, Executive Order 13224, 15 C.F.R.
Part 760, and those economic sanctions programs enumerated at 31 C.F.R. Parts 500 through
598 and shall ensure that its activities under the Contract comply with any policies and
procedures for monitoring operations to ensure compliance, as may be established from time
to time by MCC, the MCA Entity, the Fiscal Agent, or the Bank, as may be applicable. The
Contract Party shall verify, or cause to be verified, appropriately any individual, corporation

89
Section IV A. Technical Proposal Forms (TPF)

or other entity with access to or recipient of funds, which verification shall be conducted in
accordance with the procedures set out in Part 10 of the MCC Program Procurement
Guidelines (Eligibility Verification Procedures) that can be found on MCC’s website at
[Link]. The Contract Party shall (A) conduct the monitoring referred to in this
paragraph on at least a quarterly basis, or such other reasonable period as the MCA Entity or
MCC may request from time to time and (B) deliver a report of such periodic monitoring to
the MCA Entity with a copy to MCC.

3. Other restrictions on the Contract Party shall apply as set forth in Section 5.4(b) of the
Compact with respect to drug trafficking, terrorism, sex trafficking, prostitution, fraud,
felony, any misconduct injurious to MCC or the MCA Entity, any activity contrary to the
national security interests of the United States or any other activity that materially and
adversely affects the ability of the Government or any other party to effectively implement,
or ensure the effective implementation of, the Program or any Project or to otherwise carry
out its responsibilities or obligations under or in furtherance of the Compact or any
Supplemental Agreement or that materially and adversely affects the Program Assets or any
Permitted Account.

90
Section IV B. Financial Proposal Forms

SECTION IV B. FINANCIAL PROPOSAL FORMS

Financial Proposal Standard Forms shall be used for the preparation of the Financial
Proposal according to the instructions provided under Sub-clause 12.5 of Section I,
Instructions to Consultants.

Note: Comments in brackets on the following pages serve to provide guidance for the
preparation of the Financial Proposal and therefore should not appear on the Financial Proposals
to be submitted.
FIN-1 Financial Proposal Submission Form
FIN-2 Price Summary
FIN-3 Breakdown of Price by Activity
FIN-4 Breakdown of Price by Remuneration

91
Section IV B. Financial Proposal Forms

Form FIN-1. Financial Proposal Submission Form

[insert location]
To:
Maurin Sitorus
Executive Director, MCA-Indonesia II

Ladies and Gentlemen:

Re: Program Management Consultant for Program Administration Support for all
activities in MCA-Indonesia II that include operation management support and
technical advisory services under the three Compact Projects

Ref: IND2-23-4014-QCBS
We, the undersigned, offer to provide the consulting services for the above-mentioned
assignment in accordance with your Request for Proposal (RFP) dated 13 November 2023 and
our Technical Proposal.
Our attached Financial Proposal for Program Management Consultant for Program
Administration Support for all activities in MCA-Indonesia II that include operation
management support and technical advisory services under the three Compact Projects
is for the fixed price of [Insert amount(s)11 in words and figures].
Our Financial Proposal shall be binding upon us subject to the modifications resulting from
Contract negotiations, up to expiration of the validity period of the Proposal, as indicated in
Paragraph ITC 16.1 of the PDS.
Commissions and gratuities paid or to be paid by us to agents relating to this Proposal and
Contract execution, if we are awarded the Contract, are listed below:12

Name and Address of Amount and Currency Purpose of Commission or

Agents Gratuity

11 Amount must coincide with the ones indicated under total price of Form FIN-2.

12 If applicable, replace this paragraph with “No commissions or gratuities have been or are to be paid by us to
agents relating to this Proposal and Contract execution”.

92
Section IV B. Financial Proposal Forms

We understand you are not bound to accept any Proposal you receive.
We acknowledge that our digital/digitized signature is valid and legally binding.
Yours sincerely,

Authorized Signatory

Name and title of Signatory

Name of Consultant

93
Section IV B. Financial Proposal Forms

Form FIN-2. Price Summary

Re: Program Management Consultant for Program Administration Support for all
activities in MCA-Indonesia II that include operation management support and
technical advisory services under the three Compact Projects

Ref: IND2-23-4014-QCBS

Price1

US$

Program Administration Support - Fixed Price Activities13

Base period

Option period 1

Option period 2

Option period 3

Option period 4

Sub-Total Fixed Price Services

Technical Advisory Support – Provisional Sum

Provisional Sum - Technical Advisory Support

10,000,000
Services5

Total Price of Financial Proposal

1. Indicate the total price to be paid by the MCA Entity in each currency. Such total price
must coincide with the sum of the relevant sub-totals indicated in Form FIN-3. (Tax
provisions relevant to this RFP are set out in Section VI, General Conditions of Contract.)
2. If the RFP contains options/extension, the options/extension will be fully priced and
evaluated at 100%.
3. Provide fully loaded prices (including any international travel, communication, local
transportation, office expenses, shipment of personal effects, direct and indirect rates and

13 Those are the activities defined in Section 5 of the TORs.

94
Section IV B. Financial Proposal Forms

profits).
4. See PDS ITC 12.11 regarding travel-related expenses.
5. This amount is an estimated ceiling budget which will be provisioned for the use of Technical
Advisory Support as ordered via technical directives by the MCA-Indonesia II.

95
Section IV B. Financial Proposal Forms

Form FIN-3. Breakdown of Price by Activity

Re: Program Management Consultant for Program Administration Support for all
activities in MCA-Indonesia II that include operation management support and
technical advisory services under the three Compact Projects

This Form is to detail the breakdown of Price by Activity for the Program Administration
Support Activities only.

Ref: IND2-23-4014-QCBS

Group of Activities by Deliverables Description2

Price3
Tasks
US$

Base Period




Option Period 1:




Option Period 2:


Option Period 3:


Option Period 4:


Provisional Sum for Technical Advisory Support5 10,000,000

TOTAL

96
Section IV B. Financial Proposal Forms

1. Form FIN-3 shall be completed for the whole assignment. In case some of the activities
require different modes of billing and payment (e.g.: the assignment is phased, and each
phase has a different payment schedule), the Consultant shall fill a separate Form FIN-3
for each group of activities.
2. A short description of the activities whose price breakdown is provided in this Form.
3. Provide fully loaded prices (including international travel, communications, local
transportation in Jakarta, office expenses, shipment of personal effects, direct and indirect
rates and profit).
4. See PDS ITC 12.11 regarding travel-related expenses.
5. This amount is an estimated ceiling budget which will be provisioned for the use of
Technical Advisory Support as ordered via technical directives by the MCA-Indonesia II.

97
Section IV B. Financial Proposal Forms

Form FIN-4. Breakdown of Remuneration

Re: Program Management Consultant for Program Administration Support for all
activities in MCA-Indonesia II that include operation management support and
technical advisory services under the three Compact Projects
Ref: IND2-23-4014-QCBS

Name2 Position3 Person-Month Fully Loaded Rate4

Foreign Staff US$
Home
Field
Home
Field
Home
Field
Local Staff
Home
Field
Home
Field
Home
Field

1. Form FIN-4 shall be filled in for the same Key Professional Personnel and other
Personnel listed in Forms TECH-8 and 9.
2. Professional Personnel shall be indicated individually; support staff shall be indicated by
category (e.g., draftsmen, clerical staff).
3. Positions of the Key Professional Personnel shall coincide with the ones indicated in
Forms TECH-8 and 9.
4. Indicate separately person-month rates for home and field work. Provide fully loaded
prices (including international travel, communication, local transportation, office
expenses, and shipment of personal effects, direct and indirect rates and profit).
5. See PDS ITC 12.11 regarding travel-related expenses.

98
Section IV B. Financial Proposal Forms

Subject Matter Experts for Technical Advisory Support

Indicative Subject Matter Experts Fully Loaded daily Unit Fully Loaded daily Unit
Price ($) for International Price ($) for Local Experts
Experts

i. Cross Project Specialist

Logistic Specialist

Project Finance Specialist

Institutional and Governance Specialist

Legal and Regulatory Specialist

Capacity Building and Training Specialist

Public Procurement Specialist

Infrastructure Economist

Gender and Social Inclusion Specialist

Transport Planner

ii. Project Sector Specialist

GPIP Activities

Port Specialist

Public/Urban Transport Specialist

EV Bus Specialist

Road Specialist

Health & Safety Specialist

Site Engineer(s) – Civil Engineering

Structural Design Specialist

LRT Station Design Specialist

99
Section IV B. Financial Proposal Forms

Indicative Subject Matter Experts Fully Loaded daily Unit Fully Loaded daily Unit
Price ($) for International Price ($) for Local Experts
Experts

Mechanical Engineering Specialist

Electrical Engineering Specialist

Instrumentation Specialist

Hydraulic Modeler

Facilities Engineer

Resettlement Specialist

ATLAS Reform Activities

Public Policy Specialist

Public Finance Specialist

FMDP Activities

Financial Market Regulatory Specialist

Municipal Finance Specialist

Corporate Finance Specialist

Treasury Specialist

MSMEs Finance

Value Chain Development Experts

MSME Market Access Support Experts

MSME Credit Risk Management Expert

MSME Data Legal and Regulatory

Specialist

Public Sector Information System

Development Specialist

100
Section IV B. Financial Proposal Forms

Indicative Subject Matter Experts Fully Loaded daily Unit Fully Loaded daily Unit
Price ($) for International Price ($) for Local Experts
Experts

Information System and Data Security

Specialist

1 Provide fully loaded prices (including international travel, communication, local

transportation, office expenses, printing, materials, equipment, shipment of personal
effects, direct and indirect rates and profits).
2 See PDS 12.11 regarding travel-related expenses.
3 This should be aligned with Tech 8 in case of multidisciplinary Experts proposal.

101
Section V - Terms of Reference (ToR)

SECTION V - TERMS OF REFERENCE (TOR)

1. BACKGROUND
The Millennium Challenge Corporation (MCC) is a U.S. government corporation established
in 2004. Its mission is to provide assistance that will support economic growth and poverty
reduction in carefully selected developing countries that demonstrate a commitment to just
and democratic governance, economic freedom, and an investment in their citizenry.
In December 2018, MCC’s Board of Directors selected Indonesia as eligible to develop a
second compact. The selection reflected MCC and Indonesia’s strong partnership during the
first compact. The growth diagnostic methodology conducted jointly by MCC and the
Government of Indonesia (GOI) has identified the problem of the high cost of financing,
resulting from weak financial intermediation, as a binding constraint for Indonesia's
economic growth. After several development processes, The GOI proposed two core
problems caused by weak financial intermediation that will be addressed in the Indonesia
Compact-2:

i. Infrastructure Financing
The low supply of finance available to support investments in transport and logistics
infrastructure, as well as the infrastructure sector’s lack of ability to absorb the financing that
is available, and

ii. MSMEs Financing

The low supply of finance available to support the growth of micro-, small, and medium-
sized enterprises (MSMEs), as well as the challenges that MSME borrowers face in accessing
financial products.
Infrastructure Financing faces two binding constraints to the economic growth, at both the
supply and demand side. On the supply side, financial intermediation is shallow, segmented,
inefficient and costly with 75% of infrastructure financing being funded from commercial
banks, while capital market access is still minimal at 25% (OJK, 2021). The inefficiency in
financial intermediation is reflected in the big spread between saving and lending interest rate
(BI, Q1 2021). On the demand side, the borrower is facing difficulties to meet the lenders’
requirements due to the low quality of project preparation and inability to fulfil the readiness
criteria.
The MSME sector represents by far the leading business occupation in Indonesia with over
65 million MSMEs (1 MSME per 5 Indonesians) and contributes about 60% of the country’s
GDP. The MSMEs sector also absorbs as much as 97% of the workforce, but the businesses
are growth-restricted due to the low supply of finance available to them (Supply Side
Problem) and their inability to access formal sources of finance (Demand Side Problem).

102
Section V - Terms of Reference (ToR)

Overall financial service providers (FSPs) consider MSMEs risky and the process to lend to
them too encumbering, thus they prefer to serve other sectors instead. The inability of MSME
borrowers to access formal sources of finance (Demand Side Problem) can be ascribed both
to procedural requirements, comprising lack of credit-worthiness, unsuitable collateral, and
lack of qualifying documents; and to unaware and tentative borrowers, constrained by low
financial and digital literacy and geographic exclusion.
Approximately 53.76% of MSMEs are managed by women, with the highest female
ownership being in micro enterprises. Yet, many MSMEs still have limited access to formal
sources of finance due to the lack of formal business registration, collateral, business plan,
financial statements, and credit history. Women-owned MSMEs (WMSMEs) have even less
access to finance as a result of a variety of underlying gender issues. As evidence suggests,
only 17% of WMSMEs have access to KUR (People’s Business Credit) program.
Geographical Focus: The GOI conducted a data-driven process—using metrics, such as a
propensity for reform and impact on growth and poverty reduction—to evaluate and rank
Indonesia’s provinces and select potential locations for the proposed program. Initially, MCC
and the GOI identified three (3) priority provinces: North Sulawesi, South Sumatra, and Riau.
Later, the GOI added two (2) more provinces: Bali and Riau Islands, to the list of priority
provinces for economic recovery due to the Covid-19 pandemic.
In August 2022, the GOI established an independent implementing agency, Millennium
Challenge Account – Indonesia II (MCA-Indonesia II or “MCA”) through Bappenas
Ministerial Decree Number 5/2022, to act as the designee in supervising and managing the
implementation of the five-year MCC Compact Program in Indonesia.
The Compact was signed on April 13, 2023, and now the Government is preparing for the
implementation stage that will be effective after the entry into force (“EIF”) date in the first
quarter of 2024.
2. PROGRAM INTRODUCTION
To address the binding constraint of costly and underdeveloped financial intermediation, for
Infrastructure Finance, MCC and GOI agreed a holistic approach, starting from the
demand/upstream process (identification/planning process) to the supply/downstream
(financing instruments/de-risking, schemes, sources). The objective from the demand side is
to have bankable infrastructure pipelines in the 5 intervened provinces. Thus, the Compact
aims to improve planning and preparation process for transportation projects in the 5
intervened provinces. On the supply side, the objective is to offer a range of financing
instruments for infrastructure to make them more accessible to various stakeholders.
Accordingly, the Compact aims to reach financial close on transactions using structured
finance (including deals with institutional investors and a focus on local currency
transactions).
Under the Infrastructure Finance workstream, the Compact will have two projects that will

103
Section V - Terms of Reference (ToR)

focus on (i) the Demand Side: The Advancing Transport and Logistics Accessibility Services
(ATLAS) Project, and (ii) the Supply Side: The Financial Markets Development Project
(FMDP). While there are two projects under the Infrastructure Finance workstream, these
projects are heavily related and interconnected, forming an integral part of the mainstream
process for public investment.
In summary, the Compact will support three projects to address the binding constraint of
costly and underdeveloped financial intermediation. The objective of each of the respective
Projects is as follows:
 Advancing Transportation and Logistics Accessibility Services (ATLAS) Project’s
objective is to improve transport planning and preparation in the Target Provinces;
 Financial Market Development Project’s (FMDP) objective is to reach financial close on
transactions using structured finance, including deals with institutional investors and
with a focus on local currency transactions; and
 Access to Finance for Women-owned / Micro-, Small and Medium Enterprises (MSME)
Project’s objective is to increase lending by formal financial service providers (“FSPs”)
to micro-, small and medium enterprises owned by women or men in the Target
Provinces.
The three projects in this Compact are divided into eleven Activities and described below in
detail. The underlying program logic for each project is presented graphically in Annex 1.
Each of the project and its activity locations are presented in Annex 2.

i. Advancing Transportation and Logistics Accessibility Services (ATLAS) Project

i. Transport Planning Reform Activity
ii. Good Practice Infrastructure Projects Activity
iii. Public Investment Management Guidelines (PIMG) Activity
iv. Project Preparation and Delivery Facility (PPDF) Activity

ii. Financial Market Development Project (FMDP)

i. Capacity Building / Technical Assistance Activity
ii. Transaction Advisory Services Activity
iii. Blended Finance Delivery Mechanism (BFDM) Activity

iii. Access to Finance for Women-owned / Micro-, Small and Medium Enterprises Project
i. Gender Inclusive Value Chain Finance Activity
ii. Digital and Financial Literacy Enhancement Activity
iii. MSME Capacity Enhancement Activity
iv. Augmenting Government Data on MSMEs Activity

104
Section V - Terms of Reference (ToR)

The Financial Market Development Project will focus on the national level while the other
two programs will be implemented at the sub-national level in the North Sulawesi, Riau, Riau
Islands, Bali and South Sumatra provinces.

2.1 ATLAS Project Summary

The objective of the Advancing Transport and Logistics Accessibility Services Project (the
“ATLAS Project”) is to improve transport planning and preparation in the Target Provinces,
responding to the root cause of inadequate infrastructure project preparation. Poor project
preparation leads to worthwhile projects failing to attract the appropriate financing, resulting
in costly and underdeveloped financial intermediation. Improved planning and preparation
will make transport projects better positioned to attract appropriate sources of finance,
including blended and green finance, thus maximizing infrastructure investment across
Indonesia. Improved infrastructure planning and preparation encompasses improving
approaches to planning, procurement, implementation, operation and maintenance to further
improve value for money throughout the infrastructure project lifecycle. Achieving these
goals requires transformational reform, including legal and regulatory adjustments,
institutional restructuring and strengthening of capacities and business processes across
various government organizations and the private sector, including the ongoing alignment of
subnational reforms and corresponding national level reforms and policy directions. The
Project includes four Activities focused on the Target Provinces, but all Activities will be
designed for national adoption or replication after the Compact Term:
1. Transport Planning Reform Activity: This Activity will establish an urban transport
organization (“UTO”) for an urban area located within the Target Provinces and develop
a multi-modal urban transport plan to support the UTO. In addition, a regional transport
plan will be developed for the wider region. With the development of these two, proof-
of-concept multi-modal transport planning projects to influence the Government at both
the national and the subnational levels to embrace the necessary institutional, legal and
regulatory reforms required to mandate and mainstream a multi-modal transport planning
approach.

2. Good Practice Infrastructure Projects Activity: This Activity intends to support at most
six infrastructure projects (the “Proper”) whose aim is to demonstrate innovative and
strengthened approaches to project preparation, structuring and financing, and
procurement and implementation, so that lessons learned during these projects can
inform the emerging designs for both the PIMG and PPDF (each defined below). The
Proper will also be used as a vehicle for significantly strengthening subnational
infrastructure capacity, in the public sector, but also in supporting private sector
consultants and contractors. From the list below, the Parties will agree upon the Proper

105
Section V - Terms of Reference (ToR)

that will be supported by MCC Funding. MCC Funding will support, for each of the
Proper that is selected, as required: project management services, design services,
services related to the assessment and/or mitigation of environmental, gender and social
impacts, benefits and/or opportunities, contract packaging and structuring,
procurement/transaction support, construction oversight/supervision/audit and a financial
contribution to support a portion of the cost of the transport services or construction
contracts, while utilizing the World Bank’s “Cascade” approach for blended finance. The
potential Proper that may be supported by this Activity are:

Table 1

Province Potential Proper

South Sumatra Ampera LRT Station – Accessibility, Connectivity and Public
Realm Upgrade
North Sulawesi Bersehati Market Elements
Bali Electric Vehicle (EV) Support Element I – EV Public
Transport
Electric Vehicle Support Element II – EV Charging Points
Riau Islands Development of Kuala Riau Port (Pelantar I and II), Tanjung
Pinang
Riau Upgrading of two (2) RORO Terminals and supporting
facilities on both Sumatra side and Rupat side

The Good Practice Infrastructure Projects Activity will strive to demonstrate best practices in
gender equality, social inclusion and women economic empowerment by developing women
economic empowerment-supportive and child-friendly components in the rehabilitated spaces
within these projects. The Parties will assess the development and provision of these
components, such as shared workspaces with one-stop service (including mobile one-stop
services) and childcare for W/MSMEs (as defined below). This linkage with the MSME
Finance Project will help W/MSMEs save time, access safe and affordable services, and
spend more time on paid economic activities. This will also support the implementation of
the MoWECP Regulation No. 5 of 2015 on Provision of Gender-Responsive and Child-
Friendly Work Facilities and Childcare in the Workplace, which regulates the obligations of
Government and private institutions to provide equal opportunities to every woman and man
to carry out their duties, functions, rights, and responsibilities in the workplace.
3. Public Investment Management Guidelines (PIMG) Activity: This Activity (the “PIMG
Activity”) will create a public, online suite of Public Investment Management Guidelines

106
Section V - Terms of Reference (ToR)

(“PIMG”) for infrastructure, designed to improve the effectiveness and efficiency of

public investment. The PIMG will describe, in one place, the requirements to achieving
well prepared inclusive and sustainable projects. This will focus on the full lifecycle,
including planning, preparation, structuring, procuring, implementing, operating and
long-term maintenance. Its inclusive approach will identify and promote the needs of all
Indonesians, paying particular attention to marginalized and vulnerable groups,
especially the poor, women and people with disabilities. This approach will seek to
include such groups as change agents in each step of the PIMG processes so that services
are user friendly, safe, affordable and promote such group’s value in society.
The long-term goal is for the Government to create and implement a similar set of
guidelines covering all Indonesian infrastructure. However, the complexity and scope of
that challenge is too great for the five-year compact period, and therefore the PIMG
implementation scope hereunder will be limited to subnational transport and logistics
infrastructure and services as follows:
 Development of a unified set of guiding principles to underpin the budget requests
associated with the implementation of PIMG processes;
 Regional multi-modal transport infrastructure and services during the planning phase
up to the definition of transport and logistics project pipelines;
 Regional multi-modal transport infrastructure and services through the project
preparation stage, including feasibility studies, business cases and project delivery
strategies; and
 Subnational roads, only from procurement onwards through the detailed design,
delivery and maintenance phases.
Once this ‘limited scope’ PIMG has been developed and implemented successfully under
the Compact and appropriately socialized at the national policy level, it may then be used
by the Government as a template for the gradual expansion of the PIMG to cover all
infrastructure sectors.
The PIMG is a living system that will include the development and implementation of a
public online technology platform that will be regularly updated and maintained. The
experience from the Good Practice Infrastructure Project Activity will inform the
iteration and improvement of the PIMG.
MCC Funding will support: the creation of the sustainable online PIMG through
development of strengthened infrastructure processes; upstreaming of environmental and
gender significant stakeholder engagement; the identification of an entity of the
Government to own the PIMG; the design, launch and testing of the online PIMG
platform; and the provision of a user support service.
In addition, MCC Funding will also support the drafting and agreement of the necessary

107
Section V - Terms of Reference (ToR)

legal and regulatory changes needed to mandate and formalize the PIMG, supporting the
Government with technical assistance through the policy making process through to
enactment and implementation. Finally, MCC Funding will support a capacity
development strategy to be implemented during the remaining years of the Compact.
4. Project Preparation and Delivery Facility (PPDF) Activity: This Activity (the “PPDF
Activity”) will provide project preparation, structuring, procurement and project delivery
support to subnational governments, focused on the governments of the Target Provinces
during the Compact Term. This Activity will establish a facility, the Project Preparation
and Delivery Facility (“PPDF”), that subnational governments can call upon to provide
preparation, procurement and delivery support services for eligible infrastructure
projects. The PPDF will be designed as a sustainably financed facility which will
continue to operate after the end of the Compact. The appropriate institutional home and
organizational structure for PPDF to ensure a sustainable facility is to be determined
prior to entry into force during the design period.
The Activity is heavily connected to the PIMG Activity because the PPDF will follow the
processes defined in the PIMG from completion of planning (and resulting definition of
project pipelines) through to completion of construction, after which infrastructure will
be handed over to subnational governments for continued operation and maintenance.
Therefore, the design of the reformed processes for the PIMG and the design of the
PPDF must be undertaken as an integrated effort.
Infrastructure projects will be subject to eligibility criteria for entry to the PPDF. Precise
eligibility criteria will be developed during design, such criteria will include standards
for environmental and social performance, inclusion and gender-responsiveness, as well
as minimum project sizes for different types of delivery modality. In line with the
transport and logistics focus of the Compact, the PPDF will initially be restricted to
supporting transport and logistics projects only. This is necessary to limit the range of
specialist technical advisory services that would be initially required and to keep the
number of technical stakeholders manageable. However, the PPDF will be designed so
that it can continue to expand its services to support other types of infrastructure after the
end of the Compact.
2.2 FMDP Project Summary
The objective of the Financial Markets Development Project (the “FMD Project”) is to reach
financial close on transactions using structured finance, including deals with institutional
investors and with a focus on local currency transactions, responding to the root causes of
underdeveloped project financing market and capital markets. This Project will promote
globally recognized, alternative forms of infrastructure finance within the financial market
ecosystem to bring infrastructure projects to financial close. The transactions will
demonstrate less risky financing structures and innovative financing techniques for Indonesia
that can then be replicated by the market, thus helping to create infrastructure as an asset

108
Section V - Terms of Reference (ToR)

class and demonstrating blended finance at scale. The Project includes three Activities:
1. Capacity Building/Technical Assistance Activity: This Activity aims to build capacity
for lenders, especially Indonesian institutional investors, and project owners/sponsors to
invest in infrastructure through structured finance, including mechanisms to further
develop Indonesia’s growing green finance initiatives. This Activity will also aim to
build the capacity of the Government (and potentially Otoritas Jasa Keuangan, Bank
Indonesia, and subnational governments) to develop and oversee financial markets to
support infrastructure finance.
2. Transaction Advisory Services Activity: This Activity will provide transaction advisory
services to relevant Government agencies and project owners to originate a number of
proof-of-concept demonstration transactions for infrastructure projects from a pre-
identified list. It will be necessary to support more projects than the number of projects
required to close as projects inevitably experience delays or failure for a variety of
reasons, which is why this Activity will support approximately 15 proof-of-concept
demonstration transactions. This Activity aims to address the limited capacity of
institutions to structure and execute structured finance transactions.
3. Blended Finance Delivery Mechanism Activity: This Blended Finance Delivery
Mechanism Activity (the “BFDM Activity”) aims to mobilize commercial financing for
sub-projects by providing blended finance grants. For the sake of clarity, the Parties
agree that these blended finance grants will be governed by MCC’s Program Grant
Guidelines. MCC Funding will support an implementor, referred to as the Blended
Finance Host (“Blended Finance Host”), in establishing and operating a facility for loans
and grants to accomplish the purpose of this Activity.
The Parties intend for this facility to catalyze the market for limited-recourse project
finance and structured finance capital market solutions. The Blended Finance Host will
recommend that the Government grant MCC Funding to the Blended Finance Host for
the Blended Finance Host in turn to lend or grant to lenders and investors to mitigate
specific risks to debt holders and encourage them to invest in infrastructure as an
attractive asset class with appropriate returns for the risk taken. These successful
demonstration transactions, in turn, can then be replicated by others in the market.
Projects and blended finance participations in financing structures will be recommended
by the Blended Finance Host to the Government in line with guidelines and parameters
agreed between the Parties. Such guidelines will include: assessment of the subsidy
amounts of blended finance grants needed to achieve financial closing; additionality of
blended finance; and requirements that the returns to project participants be on
appropriate terms relative to the risks being taken. The facility will fund one or more
transactions from the Pre-Identified Projects.
Recommendations on the suitability of any particular project for grants under this

109
Section V - Terms of Reference (ToR)

Activity will be provided to the Government by the Blended Finance Host after each
project submits a formal application to the Blended Finance Host. The Blended Finance
Host will be responsible for conducting due diligence to assess potential applicants;
proposing financing structures and blended finance solutions; ensuring project
environmental, social and governance compliance; and ensuring suitability in relation to
the Program Guidelines, in compliance with a set of operational guidelines set forth in an
operations manual for the BFDM Activity, to be approved by the Parties. The Parties will
agree on whether or not MCC Funding may be used to support any particular project
from the Pre-Identified Projects and any particular blended finance structure.
The Government will grant MCC Funding to the Blended Finance Host to be
immediately granted or lent out to enable the full range of blended finance instruments to
help projects or transactions reach financial close using appropriate concessionality and
maximizing project impact, including:
 Viability gap funding to de-risk lenders in their financing of a project e.g., to pay for
risk hedges, guarantees, and interest rate support;
 Interest rate buydowns;
 Partial credit guarantees and guarantee fee buydowns;
 First-loss participations in project financing structures, financial asset recycling, and
in securitizations;
 Foreign exchange/interest rate hedging cost buydowns;
 Results-based incentives;
 Mitigation of performance risks of different types of contractual obligations in
projects;
 Mezzanine participations in financial structures to improve debt-equity ratios;
 Tenor extension guarantees, investment in longer end tranches of bond issues;
 Contingency reserve accounts to support project cash flow shortfalls or delays (these
would not be used to fund project expenses);
 Credit enhancements to support debt service reserve accounts and sinking funds for
bond instruments;
 Underwriting fees, credit ratings, and other expenses associated with capital markets
transactions/sukuks; and
 Technical assistance and studies, as may be necessary.
In addition to financial instrument support at the transactional level, the Blended Finance
Host may, in compliance with the operational guidelines referenced above, use MCC Funding
to support technical assistance to project sponsors, legal fees, and other upfront costs which

110
Section V - Terms of Reference (ToR)

need to be met with grant support to make the transaction selected from the Pre-Identified
Projects economically feasible. Such forms of blended finance support will also be evaluated
and recommended by the Blended Finance Host, and decided upon by the Government, using
the processes to be set out in the operational guidelines referenced above.
2.3 MSME Finance Project Summary
The objective of the Access to Finance for Women-owned / Micro-, Small and Medium
Enterprises Project (the “MSME Finance Project”) is to increase lending by formal financial
service providers to 28,000 Micro-, Small and Medium Enterprises owned by women or men
in the Target Provinces to support their businesses, responding to the root causes of
information asymmetry and borrowers’ constraints. This Project will facilitate more inclusive
lending practices by FSPs and improving W/MSMEs’ ability to borrow and make use of this
finance, taking a “financing ecosystem” approach to growing W/MSMEs in the Target
Provinces that addresses barriers that small firms face at each stage of their journey, first
towards business formalization, then towards formal finance and the business expansion that
can be unlocked with access to capital for fixed asset purchases. The MSME Finance Project
will focus on a specific population of W/MSMEs in the Target Provinces with a view towards
catalyzing growth. The firms targeted will be growth oriented rather than subsistence focused
and will initially be drawn from sectors with high growth potential, such as food and
beverage, fishery, textile and apparel, and manufacture of botanical products, and from
growth-oriented producer groups in selected agriculture and agroindustry sectors that have
been prioritized by provincial stakeholders for compact assistance. Although eligible
W/MSMEs will include MSMEs owned by either women or men, priority will be given to
women-owned MSMEs. The Project includes four Activities:
1. Gender-inclusive Value Chain Finance Activity: MCC Funding will be used to create
and fund a revolving fund to be administered by a public institution (the “OLW
Administrator”) for providing interest-free loans to selected Financial Service Providers
(the “Partner FSPs”) as well as technical assistance for managing on-lending to eligible
MSME borrowers within the Target Provinces and within the target sectors. This
Activity is linked to efforts in Activities 2 and 3 below, which is designed to enhance
capacities of W/MSMEs to meet the lending requirements of formal FSPs. Partner FSP
needs to provide 50% of funding of the loan made to W/MSMEs under this Activity.
The OLW Administrator will conduct auctions to determine the allocation of the OLW
funds to each Partner FPSs. Loans to Partner FSPs from this revolving fund will be
repayable to the revolving fund. The OLW Administrator will then continue to use the
repayments from the Partner FSPs to the revolving fund to make similar loans until the
Compact ends. Technical assistance, training and other demand-driven business
development support to Partner FSPs can be given depending on the individual Partner
FSP’s willingness to engage in any change towards more inclusive lending practices. In
addition, MCC funding will support the Ministry of Cooperative and SME to develop a

111
Section V - Terms of Reference (ToR)

digital portal for MSMEs to apply loans where Partner FSPs can review and choose to
move forward with such applications.
2. Digital and Financial Literacy Enhancement Activity: This Activity will enhance the
viability of W/MSMEs by providing technical assistance, digital and financial literacy
training, and other demand driven business development support to growth-oriented
W/MSMEs in the Target Provinces. The training and assistance will cover several
relevant topics including the following:
• Financial Literacy: the topics will include basics of finance, defining financial
concepts, financial behavior, personal financial management, and the separation of
business and personal finance. This will enable participants to make informed
decisions and judgments concerning the use and management of their money.
• Financial Management of the Enterprise: the topics will include financial
management of the enterprise, defining the role of internal and external sources of
finance, investments, operational costs, revenues, profits, retained earnings, trade
finance, debt management, business planning and forecasting.
• Digital Literacy: the topics will include basic knowledge of digitalization and access
to the internet, mobile phones, and fintech space. The training will also cover issues
of data privacy, cyber security and safekeeping of devices, and internet activity.
• Digital Financial Literacy: the topics will include concepts around financial
capability and control, preparing participants to understand digital financial services
and further extend their ability to manage business affairs through digital means.
• Mitigate social risks: the topics will include TIP, gender-based violence, child labor,
as well as gender actions learning system for creating a conducive environment for
women’s empowerment.
• Assist W/MSMEs to apply for loans, especially from Partner FSPs using either the
direct application or the digital portal established under the Technical Assistance to
FSPs Sub-activity.
3. MSME Capacity Enhancement Activity: This Activity will support eligible, growth-
oriented W/MSMEs in the Targeted Provinces that are in an earlier stage of their
journey towards formalization and eventually towards formal finance by providing
capacity enhancement training to develop business skills, access markets and increase
sales. This Activity includes:
(A) Formalization, Permitting, and Certification of W/MSMEs. This Sub-activity
aims to enable eligible W/MSMEs to become legal entities to comply with
regulatory requirements that represent structural barriers in accessing formal
loans/finance and increase women’s control over their business decisions, finance,
and profit. Compact funding will provide technical assistance to W/MSMEs which
are not registered and which lack licenses, to assist them with the acquisition of tax
identification and business identification numbers (NIBs), the first two essential

112
Section V - Terms of Reference (ToR)

steps for business formalization. With these two forms of identification in place,
business actors can apply for business permits and commercial or operational
permits in accordance with their sectoral requirements. Compact Funding will also
provide technical assistance to these MSMEs to facilitate additional certifications,
such as intellectual property rights, food safety climate-smart certifications and
other required regulatory compliance.
(B) Market Access Support for MSME. Enhancing W/MSME business capacity
through business development services (BDS) is critical to bolster their market
access, profitability and competitiveness, by skill development for entering high-
growth value chains, training, coaching, mentoring, and networking with national
and international buyers. This Sub-activity will provide training to eligible
W/MSMEs in the Target Provinces to promote skills in high-growth value chains,
better business practices (marketing, record keeping, drafting of bankable business
plans, identification of financial gaps/financial needs, financial planning, bidding
proposals), which can promote accessing finance, enhancing production and faster
sales growth and survival rates of small businesses. This Sub-activity may be
implemented using both contracts and partnerships with BDS providers, business
associations, sector associations, incubators, start-ups, and accelerators. The
orientation of these trainings will be towards entry and linking W/MSMEs within
specific value chains with suppliers, incubators, and associations, with the
understanding that these actors are more likely to sustain relationships with
growing W/MSMEs.
(C) Linking Good Practice Infrastructure and MSME Finance Project for One-Stop
and Childcare Services. The Compact’s GPIP will, where feasible, construct
“shared workspaces” for W/MSMEs that will include “one-stop” service and
childcare centers in the facilities upgraded or constructed by the infrastructure
projects being supported under the GPIP (projects known as the “Proper”). The
MSME Finance Project will provide designated services in these facilities
upgraded or constructed under the GPIP Activity in the target provinces of the
ATLAS Project. The MSME Finance Project will contract consultant firm(s) to
manage “one-stop” facilities (facilitate W/MSMEs obtaining tax ID numbers and
NIB, registration/ formalization of businesses, permits and certifications, cashless
solutions, FSP outreach, financial kiosks, non-financial services, and others) and
childcare centers.
4. Augmenting Government Data on MSMEs Activity: This Activity will support the
Government in monitoring and evaluating the MSMEs development target by gathering,
integrating, synchronizing, and analyzing W/MSME financial and technical performance
and W/MSME sex-disaggregated data. This Activity includes:

113
Section V - Terms of Reference (ToR)

(A) Technical assistance and capacity-building to help standardize efforts by

enumerators engaged by the public sector to collect information on W/MSMEs’
access to finance and performance.
(B) Capacity-building for Government of Indonesia staff to help them better capture
and understand data on financial and technical performance of W/MSMEs. MCC
Funding will be used to support an economic analyst at BAPPENAS and Ministry
of Cooperative and SME (MoCSME) to analyze the database information. The
economic analyst will provide training on economic analysis to BAPPENAS and
MoCSME staff, support the maintenance of the database and help improve the
MSME database information system at the MoCSME as well as producing policy
analysis as needed at BAPPENAS. MCC funding will also be used to train
BAPPENAS and MoCSME staff to continue to expand the abovementioned data
analysis and maintenance, including by bringing in data sets from other
government units in central and local level that would allow the Government to
measure the relative risk of W/MSMEs by a range of characteristics such as
industry, business size, location, and gender. MCC and the Government may
consider adding a component to this Activity specifically focused on sharing data
with W/MSMEs for the purpose of advising W/MSMEs on improving their
creditworthiness in line with some of BAPPENAS and MoCSME's other
programming for W/MSMEs.

3. PROGRAM IMPLEMENTATION STRUCTURE

Country ownership of compacts is a core part of MCC’s model and influences a great deal of
MCC’s work. To facilitate this, MCC collaborates with country partners to establish a local
team of professionals for each compact, often referred to as an "Accountable Entity" or
"MCA-Indonesia II." This team is responsible for executing the compact's initiatives and is
locally overseen by a Board of Trustees.
Based on Presidential Regulation Number 80 of 2011 concerning Trust Funds and as part of
its commitment to implement Program Compact, the GOI has taken a significant step by
forming the Trustee Agency (Lembaga Wali Amanat/LWA) for Millenium Challenge Account
Indonesia II through the Bappenas Ministerial Decree Number 5/2022. The LWA is tasked
with managing grant funds from the MCC to finance activities in accordance with the
Compact Agreement, which includes preparation and development, implementation, and
completion of Compact Program II. The LWA consists of three main components:
a. The Board of Trustees, also known as “Majelis Wali Amanat” (MWA);
b. The Fund Manager, also known as “Pengelola Dana Amanat” (PDA); and
c. The Implementation Team, which consist of:
i. Program Implementation Unit, also known as MCA-Indonesia II

114
Section V - Terms of Reference (ToR)

ii. Support Unit for Budget User, also known as “Satuan Kerja Majelis Wali Amanat
Millennium Challenge Account-Indonesia II” (Satker MWA MCA-Indonesia II).
Each of these components plays a crucial role in carrying out the functions and
responsibilities of the LWA to ensure the successful execution of its programs and activities
as detailed in Annex 3. The structure of the LWA for Millenium Challenge Account Indonesia
II is illustrated in Annex 4.
Through the first MWA meeting in February 2023, the members of the Board of Trustees
have established and approved the organizational structure of MCA-Indonesia II, as
illustrated in Annex 5.
There are several stakeholders engaged in the Compact implementation and the following
section includes the roles and responsibilities of these stakeholders.
3.1 MCA-Indonesia II Roles and Responsibilities
As illustrated in Annex 5, The MCA-Indonesia II will be led by an Executive Director with
the overall responsibility for managing and delivering the Compact Program II successfully.
The Executive Director will be supported by four Deputies responsible for Operations,
Infrastructure Financing Projects, MSME Finance Project and Program Support. The four
Deputies will be supported by directors/team lead that will cover specific operation tasks
(Communication, Human Resources, Finance, Procurement, Legal, Grants and Partnership),
program activities under Infrastructure Finance and MSME Finance, and cross cutting
support (Gender and Social Inclusion, Chief Economist, Monitoring and Evaluation,
Environmental and Social Performance and Knowledge Management). Each team lead will
receive support from resources that are specifically tailored to the requirements of the
projects and activities, such as Activity Managers, Project Officers, Project Engineers,
Regional Managers, etc.
Based on the Bappenas Ministerial Decree Number 5/2022, the MCA-Indonesia II is tasked
to support the LWA in the implementation of the Compact Program II on the following:
1. Prepare the implementation and financial work plan for Compact Program II;
2. Manage the procurement of goods and services;
3. Manage the preparation of fund disbursement requests and payments to relevant
parties;
4. Manage the financial aspects of the program held by the Fund Manager;
5. Collaborate with the Satker MWA MCA-Indonesia II to prepare documents related
to tax and/or customs facilities;
6. Assist the Satker MWA MCA-Indonesia II in preparing documents for the
approval of the realization of income and expenditure for MCA-Indonesia II, as
well as financial reports on the disbursement of MCA-Indonesia II funds;

115
Section V - Terms of Reference (ToR)

7. Handle program implementation publications;

8. Provide technical support to the Board of Trustees secretary in fulfilling their
duties;
9. Monitor and evaluate the implementation of Compact Program II activities;
10. Prepare activity and financial reports;
11. Prepare other reports requested by the Board of Trustees;
12. Assist the Satker MWA MCA-Indonesia II in carrying out audits, and
13. Undertake other tasks assigned by the Board of Trustees.
In carrying out its duties, MCA-Indonesia II is assisted by procurement agents, fiscal agents,
and other third parties specifically related to the projects and activities. The PMC shall assist
MCA-Indonesia II to coordinate with these agents and apply standard processes and
templates to manage and monitor the performance of the various activities. As directed by
MCA-Indonesia II, the third parties (consultant/contractor) and PMC should provide
administrative and technical support to the PIU in order to accomplish the project objectives
within the Compact period. The indicative structure of the PIU and its relationship with MCA
Indonesia and PMC are illustrated in Annex 6.
The subsequent description outlines the key stakeholders associated with MCA Indonesia:
3.1.1 Millennium Challenge Corporation (MCC)
The MCC is a United States government agency and is the donor for the Compact. While
MCA-Indonesia II is the authorized implementing agency, MCC will have oversight
responsibility on all Compact activities.
3.1.2 Implementing Entities
Throughout the Compact period, MCA-Indonesia II will partner with a government
affiliate entity, known as an Implementing Entity, to implement the projects and
activities. The Implementing Entity’s task is to use its special expertise or jurisdiction to
implement a part/all of the activities. This could range from (i) reviewing and approving
reform plans; (ii) overseeing and implementing training regimes, (iii) upgrading
processes and equipment used, etc. In addition, the Implementing Entity may also be
asked to review and comment on documents, terms of reference, or drawings, provide
experts for technical evaluation panels, and engage in coordination with other
government agencies, and ensure the implementation of MCC’s operational
requirements, such as ESP, GSI and Women’s Economic Empowerment (WEE)
requirements. The specific roles and responsibilities between the Implementing Entity
and MCA-Indonesia II will be clearly defined in the Implementing Entity Agreement
(IEA).
A project or activity may involve multiple Implementing Entities, depending on the

116
Section V - Terms of Reference (ToR)

specific roles required from each Implementing Entity to ensure the project or activity's
success. For example, all five intervened provinces will be the primary candidates for the
activities under ATLAS projects, serving as pilot locations. However, for the reform
activities under ATLAS (Transport Planning Reform, PIMG, and PPDF), the
development of principles and documents will initially require agreement and
coordination among several ministries, including Bappenas, Ministry of Finance,
Ministry of Public Works and Housing, and others. As a result, certain activities will
involve multiple Implementing Entities, operating at both the Subnational and National
Levels. To effectively carry out project tasks and oversee daily operations, MCA-
Indonesia II and the Implementing Entity will establish a dedicated Project
Implementation Unit (PIU) tailored to the specific requirements of the activities. The
location of the PIU office could be decided later on by the Implementing Entity and
MCA-Indonesia II, in the targeted provinces or in Jakarta. The same arrangement will
also be applied to other projects and activities.
3.1.3 Satker MWA MCA-Indonesia II
"Satuan Kerja" (often abbreviated as "Satker") in Indonesia refers to a "Working Unit" or
"Organizational Unit." In the context of the Indonesian government and administration,
Satuan Kerja represents a distinct functional or operational unit within a ministry,
agency, or government institution.
Each Satker is responsible for a specific set of tasks, functions, or projects that contribute
to the overall goals and objectives of the parent ministry or agency. Satkers are
established to streamline the management and implementation of government programs,
projects, and activities.
Satker plays a crucial role in the decentralization of administrative functions within the
Indonesian government. This approach aims to enhance efficiency, accountability, and
effectiveness in delivering public services and carrying out various government
initiatives.
In essence, Satuan Kerja can be thought of as administrative and operational divisions
within Indonesian government institutions, each with its own area of responsibility and
authority.
The Satker MWA MCA-Indonesia II is tasked with assisting the Budget User
Authority/Kuasa Pengguna Anggaran (KPA) in managing state financial administration
related to the Compact Program II.
3.1.4 Procurement Agent
The Procurement Agent is an entity procured and hired by MCA-Indonesia II in
connection with the Compact, any of whom are directly or indirectly involved in any part
of the following: (A) the preparation of the solicitation documents related to the

117
Section V - Terms of Reference (ToR)

procurement, including the contract; (B) the selection process for such procurement; or
(C) the supervision of any contract awarded in the procurement, then this aforementioned
firm or individual may not be awarded the contract, unless the conflict stemming from
this relationship has been resolved in a manner acceptable to MCC throughout the
process of preparing the documents related to the procurement, the selection process, and
the award and execution of the contract.
3.1.5 Fiscal Agent
The Fiscal Agent is an entity procured and hired by MCA-Indonesia II to manage
financial transactions and funds on behalf of MCC-funded projects or programs. This
role involves ensuring that financial resources are allocated and utilized efficiently and
transparently, in alignment with the goals and guidelines of the specific MCC initiative.
The Fiscal Agent is responsible for overseeing budgeting, disbursements, financial
reporting, and compliance with applicable regulations. They play a crucial role in
maintaining financial accountability, monitoring expenditures, and providing accurate
financial information to MCC and relevant stakeholders. The Fiscal Agent's role is
pivotal in safeguarding the proper use of funds and contributing to the successful
implementation of MCC projects.
3.1.6 Project/Activity Consultants/Contractors
The Consultants or Contractors are individual and/or third-party firms that are procured
by MCA-Indonesia II to bring their expertise and specialized knowledge to the
implementation of various projects and activities. MCA-Indonesia II selects these
consultants and contractors through a rigorous procurement process, ensuring their
qualifications, experience, and capabilities align with the project's objectives and
requirements. Once hired, these external partners collaborate closely with MCA-
Indonesia II to execute tasks ranging from technical assessments and feasibility studies to
design, implementation/construction, and monitoring of initiatives. Their contributions
enhance the efficiency and effectiveness of project implementation, fostering innovation
and best practices. By partnering with third-party consultants and contractors, MCA-
Indonesia II leverages a diverse pool of expertise, fostering a collaborative environment
that drives sustainable development and the successful achievement of MCC's
overarching goals.
3.2 MCA ATLAS Implementation Structure
The Deputy Executive Director (DED) for Infrastructure Financing will lead the two projects
under Infrastructure Financing, ATLAS and FMDP, ensuring the delivery of the activities are
well-coordinated, integrated and aligned with the outputs, outcomes and objectives. The DED
will be assisted by three Project Leads, two of whom will lead ATLAS (GPIP Lead and
ATLAS Reform Lead), and one will be responsible for FMDP (FMDP Lead).
The objective of ATLAS is to improve transport planning and preparation by

118
Section V - Terms of Reference (ToR)

institutionalizing transportation best practices and approaches in the target provinces. The
ATLAS project consists of two mainstream activities, which are (i) Good Practice
Infrastructure Projects, and (ii) Reform Activities: Transport Planning Reform, PIMG, and
PPDF. The ATLAS Implementation structure is illustrated in Annex 7.
a. GPIP Team
The GPIP Lead will be responsible for the delivery of the 6 Proper Projects in the 5 targeted
Provinces, as listed in Table 1 above. The GPIP Lead will ensure that the entire process,
starting from project preparation and structuring, through financing, procurement, and up to
construction, complies with the agreed-upon requirements and criteria established by MCC
and key stakeholders. The GPIP Lead will also be responsible for ensuring that the
Subnational Government adopts good practice principles in planning and preparing transport
projects. The GPIP Lead will be supported by 2 Managers and 5 Project Engineers that will
focus on managing each of the Proper Projects on a daily basis. To ensure effective
coordination among stakeholders based in both the provinces and Jakarta, the Project
Engineers will be stationed at the PIU province office in the respective provinces. The GPIP
Team will also ensure effective coordination between the ATLAS and MSME Finance Project
in implementing capacity building activities for MSMEs in transport-related projects.
The MCA-Indonesia II GPIP team will procure third party-consultants/contractors to develop
and implement the activities and sub-activities in the provinces. Additionally, as mentioned
above, in partnership with the Subnational Government, the GPIP team should establish a
PIU in each of the 5 targeted provinces. To achieve coordination with the key stakeholders,
the PMC will assist MCA-Indonesia II by providing administrative and Technical Advisory
Support and coordination support among the GPIP relevant stakeholders.
b. Reform Team
The Reform activities under ATLAS, (i) Transport Planning Reform, (ii) PIMG, and (iii)
PPDF, will be led by the Reform Lead. The Reform Lead will ensure that all the reform
activities meet the output, outcome and objectives within the Compact period. The Reform
Lead will play a proactive role in coordinating with key stakeholders at the national level to
reach a consensus on the reform activities roadmap, principles, and objectives. Additionally,
at the subnational level, the Reform Lead will ensure that the Subnational Government
supports and integrates the reform activities into the planning and preparation process for the
transport projects. The Reform Lead will be supported by 3 Managers and 3 Project Officers
that will focus on managing each reform activities. The Managers and Project Officers will be
responsible for overseeing day-to-day tasks, including managing contracts with third-party
entities, monitoring the progress of activities, tracking expenditures, and ensuring the timely
delivery of project deliverables.
Each reform activity will include a sub-activity dedicated to capacity development as its
primary output. The focus of this capacity development will primarily be on subnational

119
Section V - Terms of Reference (ToR)

government officials, while it may also extend to national government officials. The
strategies for capacity development will be carefully designed during the development stage
and subsequently implemented throughout the Compact period. The MCA-Indonesia II
Reform Team will ensure that the implementation of capacity development aligns with the
established principles and criteria, all within the timeframe of the Compact period.
The MCA-Indonesia II Reform Team will receive additional support from third party-
consultants to develop and implement the activities and sub-activities in National and
Subnational Level. The PMC will assist MCA-Indonesia II by providing administrative and
Technical Advisory Support as well as coordination support among the reform activities
relevant stakeholders.
3.3 FMDP Implementation Structure
FMDP team will be positioned under the DED for Infrastructure Financing, together with the
ATLAS Project team, which consists of 3 Activities as described in Section 2.1. The FMDP
will be led by a Project Lead or Director who will supervise 3 Activities and report directly to
the DED.
Due to the nature of the Activities, it is envisioned to cluster the 3 FMDP Activities to be
managed by 2 teams, namely:
1. Capacity Building and Technical Assistance Team
This first group will be responsible in delivering the Activity 1 which will focus on the
financial market paradigm changes through strategic campaigns, capacity buildings and
trainings, as well as technical assistance for the development of certain aspect of financial
market components, e.g., policy, manual/guideline, etc. Currently, the intervention will be
focused on four thematic areas, namely: (1) Structure Finance and Capital Market, (2)
Municipal Finance, (3) Green Finance, and (4) FX Market.
Activity 1 is planned to be delivered in cooperation with the Ministry of Finance cq.
Directorate General of Budget Financing and Risk Management (DGBFRM) as the
Implementing Entity (see Section 3.3.). The reason for this structure is to ensure government
support and ownership for the identified and proposed reform areas of the financial market to
support infrastructure development, as well as to bridge coordination with other key
stakeholder in financial market, especially the Financial Service Authority (Otoritas Jasa
Keuangan/OJK) and the Central Bank of Indonesia (BI). The main role of this group is to
support the DGBFRM as the IE by providing resources needed and agreed in the IEA
document.
2. FMDP Pilot Project Team
The second group will be responsible for Activities 2 and 3 which aim to provide support to
public infrastructure project in reaching financial close. In delivering the Activities, there will
be no government institution to act as the Implementing Entity, but for Activity 3 BFDM, the

120
Section V - Terms of Reference (ToR)

MCAI will have a grant cooperation with PT. Indonesia Infrastructure Finance (IIF) as
BFDM Host to act as facility manager in the delivery of blended finance-related activities.
Based on those arrangement, the group will engage and manages 2 main groups of key
stakeholders, namely: (1) the project owners (i.e. GCAs) or independent business
entities/IBEs (i.e. Project company or SPV) of eligible infrastructure projects which already
passed screening and included in Annex 4 of the PIA, and (2) the service
providers/implementors, consists of transaction advisory consultants and BFDM Host, who
will help the project owners or IBEs in reaching financial close.
3.4 MSME Implementation Structure
On the MCAI’s side, the deputy executive director (DED) for the MSME Finance project will
lead the project’s implementation. The scope of the role includes:
• Ensure the overall MSME Finance Project implementation runs smoothly towards
meeting the project’s objective;
• Provide effective oversight of the MSME Finance overall management within
guidelines set up by the Board of Trustees;
• Coordinate communication and information flow among key stakeholders and parties
to the MSME Finance Project, including reporting to Government of Indonesia;
• With the support of Project Leads, oversee the performance and managing the
Implementing Entity Agreement with the government units responsible with hosting
the OLW, coordinating the MSME DFL and Capacity Enhancement Activities, and
developing the Government MSME Database, as well as any other implementing
entities, contractors, and/or partners involved in MSME Finance Project.
Project Leads or Project Directors will lead the project team at the activity level in setting and
achieving project lifetime and annual goals, ensuring that it is effectively staffed and
performing. They will be the primary point of contact for the MCA with the consultant’s team
at the activity level. They will also be responsible for overseeing the work of all of the
experts on the team and leading client relationship management. They provide oversight of
the implementation of a specific activity from planning and procurement to evaluation phase,
while ensuring that communication runs smoothly with all key stakeholders, contractors or
partners involved in a particular activity and the other MCAI key staffs to ensure everyone is
kept up to date on the activity’s progress. They report to the DED MSME Finance Project.
The MSME Finance Project will be supported by three Project Leads consisting of:
• A supply-side Project Lead who will supervise the implementation of Gender
Inclusive Value Chain Finance Activity,
• An MSME-capacity building Project Lead who will supervise the implementation of
MSME DFL and Capacity Enhancement Activities, and

121
Section V - Terms of Reference (ToR)

• A government-capacity building Project Lead who will supervise the implementation

of Augmenting Government MSME Data Activity.
Each Project Lead will be supported by Project Officers to support day-to-day tasks at the
activity level.
Each activity under the MSME Finance Project will be carried out via Implementing Entity
type of arrangement, where MCAI will collaborate with several government affiliates taking
the role as the Implementing Entity defined in Section 3.1. While still under discussion the
following government affiliates may serve as Implementing Entities under the MSME
Finance Project:
1) Badan Layanan Umum Pusat Investasi Pemerintah (BLU PIP) Ministry of Finance as
the Implementing Entity of Gender Inclusive Value Chain Finance Activity;
2) Ministry of Cooperative and SME as the Implementing Entity of Digital and Financial
Literacy Enhancement Activity and MSME Capacity Enhancement Activity;
3) Directorate of MSME and Cooperative Development BAPPENAS as the
Implementing Entity of Augmenting Government MSME Data Activity.
It is also likely that the provincial government in the target provinces will be involved as
coordination entities under the MSME Digital and Financial Literacy and Capacity
Enhancement Activities and the Augmenting Government MSME Data Activity. MCC and
GOI requires eligible MSME beneficiaries to be residing in the target provinces and be
initially chosen from priority sectors. To help Compact defines the 28,000 MSME
beneficiaries target from the five provinces while at the same time avoiding unnecessary
overlap with the other MSME’s development program at the local level, a coordination
between MCAI and the local government is clearly necessary.
The MSME Finance project will engage a number of third-party consulting services to
support the Implementing Entities with technical and/or project implementation expertise
throughout the Compact period. These consulting services include:
1) Consulting services to develop, operate, maintain the OLW Information System as
well as the operational aspect of OLW Activity under the supervision of BLU PIP,
2) An Implementing Support Consultant to support the implementation of the Demand
Side Activities (Activities 2 and 3 under the project), and
3) Consulting services to help BAPPENAS develop and implement the Action Plan for
MSME Data Gathering, Integration and Analysis, which will involve key stakeholders
in the central level like MoCSME, the Statistical Central Agency/BPS and other
government units producing MSME data and the local government in the target
provinces, under the Augmenting Government MSME Data Activity.

122
Section V - Terms of Reference (ToR)

4. PROGRAM MANAGEMENT CONSULTANT (PMC) OBJECTIVES AND SCOPE

OF SERVICES
The PMC will work under the guidance and direction of MCA-Indonesia II, ensuring close
collaboration with key stakeholders and adherence to MCA-Indonesia II policies, processes,
and decision-making frameworks. The PMC will act as a support function, providing the
necessary expertise and assistance to facilitate the successful implementation of the Compact-
2 Program. The PMC’s primary role will be to help MCA-Indonesia II ensure that all the
programs are carried out in a coordinated, cost-effective manner and that the strategic goals
and outcomes of all the programs are achieved. The PMC will help MCA-Indonesia II to
ensure that all of its consultants, contractors and implementing partners are performing their
duties successfully and in accordance with the requirements of the Compact-2 Program,
including adhering to the environmental, gender, social safeguard and WEE requirements.
The program management tools, services, and expertise provided by the PMC are intended to
support the MCA-Indonesia II, to improve oversight and coordination across all projects,
activities, and sub-activity, and provide MCA-Indonesia II with greater resource flexibility
and responsiveness.
The PMC will provide Program Administration Support for all activities in MCA-Indonesia II
that include operation management support and technical advisory services under the three
projects in Compact. These tasks will be carried out regularly on a daily basis. To ensure the
data and information provided are valuable for all users, including MCA-Indonesia II, MCC,
MWA members, Satker MWA MCA-Indonesia II, related Line Ministries, Auditors, and
others, the PMC should consistently take into account the technicalities and substance of the
activities and projects when developing the tools and resources.
The PMC tasks are divided into two categories. The first category is Program Administration
Support. Procedures, approaches and tools under this category apply to all three Projects:
ATLAS, FMDP and MSME. The second category is Technical Advisory Support. Tasks,
procedures, approaches and tools under this category will be different among the ATLAS,
FMDP and MSME Projects. Under this category the PMC will provide technical advice to
assist in the development and monitoring of project plans and schedules, support the
coordination and communication among various stakeholders, conduct assessments and
technical oversights, provide recommendations for program improvement, integration and
sustainability, and assist in the identification and mitigation of project risks. These are needed
for the MCA-Indonesia II to ensure the integrity and cohesiveness of various components
under Compact Program. The PMC should also perform quality assurance functions to ensure
all activities, processes, and deliverables associated with the Compact program meet
established quality standards and requirements. The PMC will provide Technical Advisory
Support for MCA-Indonesia II in ensuring the development and implementation of the
ATLAS, FMDP, and MSME Finance Project are met by the standards and requirements. The
Technical Advisory Support should be specialists/advisors who MCA-Indonesia II can call

123
Section V - Terms of Reference (ToR)

upon as the needs of the program and activities evolve over the course of the Compact
program.
The Program Administration and Technical Advisory Support tasks are interconnected and
are integral within the Compact's Project and Activities.
The PMC contract is expected to begin right after contract award for a Base period of 12
months. This will be followed by 4 Option periods of 12 months each. The length of the
final Option period may be modified based on the program end date and will include the 3
months after the Compact End Date for administrative closure activities.
During that time frame, the PMC will receive Technical Directives (TDs) from MCA-
Indonesia II to execute the required scope. In each TD, MCA-Indonesia II will specify the
required scope, level of effort and deliverables.

Program Administrative Support

Technical Advisory Support

ATLAS Technical FMDP Technical MSME Technical

Support Support Support

5. PROGRAM ADMINISTRATIVE SUPPORT TASKS

The Program Administrative Support will provide full support to all three program
components, i.e., ATLAS, FMDP and MSME to achieve seamless integration, enhanced
effectiveness, and comprehensive information for MCA Indonesia's operations on a daily
basis.
5.1 Task 1 – Program Initiation
This task is associated with the activities required to initiate the overall program
implementation. The activities should be executed by the PMC during the Pre-Entry Into
Force (Pre-EIF), outlined below:

5.1.1 Kick-Off Meeting

The PMC shall arrange and conduct a kick-off meeting with MCA-Indonesia II to review the
scope of work, methodologies, timing of deliverables and initial work plans. The formal
kickoff meeting will be held in Jakarta. The PMC will mobilize its team immediately
following this kick-off meeting.
5.1.2 Program Office Establishment

124
Section V - Terms of Reference (ToR)

Following discussions and upon approvals by MCA-Indonesia II, the PMC shall establish its
program office during the Base Period. The PMC will be allocated space for up to 8
individuals in the MCA-Indonesia II office when the office is completed (estimated to be late
January 2024). The PMC will also have access to conference room meeting space which can
accommodate work planning sessions and routine meetings with MCA-Indonesia II and other
key program stakeholders including MCC. The facilities will be equipped with the full range
of electronic equipment, including high-speed internet access through wi-fi, printing/plotting
equipment, and a video conferencing system. The office allocated by MCA will be for the
Core Team only, the PMC will need to set up its own office accommodation for the rest of
their personnel.
5.1.3 Background Information Collection
The PMC will identify, collect, and review pertinent background information to facilitate its
assignment. MCA-Indonesia II will facilitate the collection and transmission of requested
information. The PMC will also conduct site visits and hold introductory meetings with the
relevant entities identified by MCA-Indonesia II. MCA-Indonesia II will assist the PMC in
making the initial contacts and will participate in these introductory meetings.
5.1.4 Operation Manuals for Projects and Activities
As required by MCC guidelines, and upon discussion and approval by MCA-Indonesia II, the
PMC will take on the responsibility of drafting the Operation Manual for all activities under
the Compact Program, as well as establishing standardized administrative procedures for
activities. This task involves creating comprehensive guidelines and protocols to ensure
smooth and consistent execution of all activities related to Compact implementation. The
Operation Manual will serve as a key reference document for activity management, providing
clear instructions and procedures for various activities within the Compact. Through this
process, the PMC will play a vital role in laying the foundation for effective and efficient
project implementation and coordination among all stakeholders involved in Compact.
5.1.5 Program Management Platform
The PMC shall develop, deploy and maintain a platform for helping MCA-Indonesia II
manage Compact projects and activities. The features of the platform must include data
analytics to support project planning, document control, and risk management for the three
projects above-mentioned and their activities. MCA-Indonesia II will provide regular
updates to the PMC including all necessary data and information from its financial MIS
system14.
This system will streamline and optimize project management for all activities, facilitating
efficient data collection, data intelligence and analytics, and decision-making processes.
Through this initiative, the PMC will enhance project decision making, coordination,
14 MCA MIS system is MCA’s financed management tool, reports on financial commitment and cash planning
as well as contract deliverables and related amounts are provided by the system.

125
Section V - Terms of Reference (ToR)

communication, and documentation, leading to more effective project implementation and

improved collaboration among stakeholders.
The integrated platform must be user-friendly and designed to enable MCA-Indonesia II to
provide the necessary information and result of data analytics to all program stakeholders.
These stakeholders include LWA, MCC, Satker MWA MCA-Indonesia II, Fiscal Agent,
Procurement Agent, Auditors, and others. The platform will serve as a central hub for
accessing and sharing crucial project-related information, ensuring smooth decision making
and efficient communication among all parties involved in Compact implementation. To
populate the above platform, MCA-Indonesia II will provide guidance on the main data
analytic features in accordance with the needs of the Compact program and provide raw data
from MCA’s own ERP system as well as other data produced by the Compact project teams.
The PMC will further analyze and produce a data driven insight required by different
Compact stakeholders. The data analytic platform must provide robust reporting capabilities,
including executive dashboards, printable reports and grid reports.
The principles of the platform should include but not limited to the specified below:
 User-Friendly: A platform that is intuitive and easy for users/stakeholders of
varying skill levels to navigate and interact without extensive training or
support. It should empower business users with end-to-end self-service
analytics capabilities, including the ability to create datasets, design
dashboards, and collaborate on data insights without requiring IT
intervention or extensive database expertise. Furthermore, it should be
capable of automatically generating optimized SQL queries based on user
requests.
 Easily transferable: A platform designed with clear documentation, well-
organized processes, and standardized procedures to ensure smooth
transitions when transferring ownership or responsibilities after the compact
closure. This facilitates efficient onboarding of new administrators or users.
 Data security and governance: must provide robust enterprise reporting
capabilities, including executive dashboards, printable reports, and grid
reports. It should feature a unified security and governance layer for these
reports, allowing for personalized distribution to a large number of users
based on each recipient's security profile. Additionally, the analytics solution
should support the export of report content to productivity tools such as
Excel and PowerPoint for further customization and utilization.
 Unified and consolidated view of data: the platform must feature a unified
metadata and consolidated view of data across all projects that serves as a
foundation for all analytics functionalities, reports, and dashboards. These
capabilities should operate independently of specific reports and dashboards,

126
Section V - Terms of Reference (ToR)

ensuring that dimensions, metrics, calculations, filters, custom groups,

security definitions, and other elements are reusable across the entire
platform, eliminating redundancy. Any modifications made to these objects
should be automatically reflected in all related reports and dashboards.
A full-scale ERP is not required as it will duplicate MCA’s own ERP. What is expected is a
system similar to Power-BI, MicroStrategy, QPR or Tableau.
5.2 Task 2 – Program Management Planning (PMP)
The PMC shall develop a PMP to ensure the successful implementation of the Compact. The
PMP shall be comprehensive and outline the scope, objectives and strategies for managing all
program activities. The PMP serves as a roadmap for guiding the activity implementation,
providing clear understanding of the resource requirements, work, costs and disbursement
schedules, risk management, stakeholder engagement and communication strategies. The
PMC will liaise closely with MCA-Indonesia II and other relevant stakeholders to inform the
preparation of the PMP. The final PMP will be approved by MCA-Indonesia II before it is
implemented.
5.2.1 Project & Activity Plan
The PMC is responsible for assisting MCA-Indonesia II with the development of a detailed
roadmap that outlines the project's and activities' goals, strategies, and methodologies. This
planning document will serve as the baseline and reference point for all key stakeholders
involved in the project. It will provide a clear overview of the project's objectives, scope,
timelines, resource requirements, and potential challenges aligned with cross cutting sectors,
such as monitoring and evaluation indicators, environmental and social performance, gender
and social inclusion, etc.
The overall 5 year Compact Project and Activity Plan shall include the following
components:
 Schedule Plan
 Resource Plan
 Budget and Cost Controls Plan
The PMC shall assist MCA-Indonesia II with updating and revising the project and activity
plan as necessary to aligned with the plans developed by the consultants involved in the
implementation phase. Also, the PMC shall monitor the progress of the activities to maintain
the overall project and activities within the agreed schedules.

5.2.2 Document Management Plan

The PMC shall develop a document management plan to facilitate effective information
management and database. All the document management shall be aligned with the Program

127
Section V - Terms of Reference (ToR)

Management Platform. This task describes centralized classification, storage, retrieval and
updating of all Project information. To ensure efficiency, transparency and governance, the
document management discussion is expanded to include performance assessment, response
alerts, and internal communications related to this specific topic and cross‐referenced to
other PMP sections.
5.2.3 MCA-Indonesia II Operation Risk Management Plan
The PMC shall develop a Program Risk Management Plan for all identified risks including,
but not limited to, implementation period, cost, completion, environmental, social and gender
issues. This plan shall include procedures for monitoring and mitigating risks across the
program and shall describe the PMC’s role in coordinating with key stakeholders, including
stakeholders from community and relevant organization to provide input on the mitigation
plan, as well as oversee the implementation of risk mitigation measures and the risk
mitigation tracking process. The PMC shall also develop an operation-specific Risk Register,
and shall develop, define, and document the categories and subcategories into which potential
risk events will be organized. Additionally, the PMC shall propose a methodology for
identifying and prioritizing risks.
5.2.4 Communication Plan
The PMC shall support the development of a communication plan addressing the
communications management needs of the MCA-Indonesia II and PMC project teams, as
well as those stakeholders within MCA-Indonesia II, the Board of Trustee and MCC. This
should include uniform format, content, details and frequency of expected communications
and should explain how project communications will support and/or interact with the MCA-
Indonesia II Communications and Outreach unit, Stakeholder Engagement efforts made by
MCA’s ESP and GSI units as well as those communications and outreach efforts included in
the scopes of work of the contracts that will be overseen by the PMC as described above. As
an example, MCA-Indonesia II will lead and coordinate public communications during the
Compact term. The PMC shall refrain from any communications to the news media, the
public, other governmental or other stakeholders without directions and approval from MCA-
Indonesia II. The PMC shall refer all media or stakeholder enquiries to MCA-Indonesia II for
resolution. The PMC will also ensure that all communication is carried out in a culturally
appropriate and responsive manner to meet the needs of people of various ages, abilities,
genders, ethnicities, races, and other characteristics, while also ensuring the active and
meaningful involvement of individuals from diverse backgrounds.
5.2.5 Knowledge Management Plan
Capturing and sharing lessons learned from one activity to another are critical for reaching
the Compact objectives. For example, lessons learned during the preparation and
implementation of ATLAS Activity 1 – Transport Planning and ATLAS Activity 2 – Good
Practice Infrastructure Projects will need to be captured and disseminated to subnational

128
Section V - Terms of Reference (ToR)

governments and incorporated into the development of the PIMG and the PPDF. While each
activity consultant will gather and prepare such lessons learned, the PMC shall develop a
process for documenting and sharing such knowledge across the various activities. This will
require coordination with all consultants involved in the Program activity implementation.
The PMC shall clearly outline the process in a Knowledge Management Plan.
For ATLAS Activity 1 the main objective is to demonstrate to subnational governments the
benefit of the multi-modal transport planning as part of overall planning and project
identification. The knowledge to be captured at this stage would include not only the
technical ‘how to’ but also the challenges and/or barriers in implementing such activities in
the provincial environment. For example, there may be challenges in gathering data related to
beneficiaries. As multi-modal transport planning will be new to Indonesia, it is anticipated
that carrying out the planning process itself will identify challenges that may be specific to
the country. While consultants contracted to implement Activity 1 shall be responsible for
capturing the various lessons learned, the PMC shall ensure the seamless transfer of
information from Activity 1 to Activity 3, and Activity 4 as needed. Activity 1 knowledge
shall form the basis for developing the early phase guidelines under the PIMG.
With Activity 2, GPIP supports good practices in developing, preparing, structuring and
implementing projects. GPIP will demonstrate how to maximize the use of blended finance,
even for modest-size projects. While Activity 2 implementers will be primarily responsible
for capturing lessons from experience throughout the process, the PMC shall develop a
structured process for formally sharing knowledge gained with Activity 3, and 4 to help
design Activities 3 and 4.
5.2.6 Scope and Change Management Plan
The PMC shall design and implement a Scope and Change Management Plan. Control
mechanisms must be in place to identify and manage issues that might ultimately alter the
delivery of the Compact program objectives. The PMC shall systematically manage these
risks and address changes that may arise due to internal and/or external factors.
5.2.7 Environmental and Social Management System
Under the direction of the MCA-Indonesia II ESP Lead, and in coordination with Project
Directors, the PMC shall support MCA-Indonesia II in ensuring that all Compact-II program
components and project activities comply with the MCC Environmental Guidelines (please
refer to Annex 11), including the IFC Performance Standards that are incorporated and
referenced in the guideline. In doing such, the PMC shall: Develop an Environmental and
Social Management System (ESMS), at the Compact and/or Project and/or Activity level,
including, but not limited to, cooperating with or completing, as the case may be, any
ongoing environmental and social impact assessments and/or other studies conducted withing
each project activities. The PMC shall also, if necessary, undertake and complete any
additional environmental and social assessments and analyses, such as those related to

129
Section V - Terms of Reference (ToR)

environmental and social management plans, health and safety management plans,
environmental and social audits, resettlement policy frameworks, stakeholder engagement
plans, and resettlement action plans required under the laws of Indonesia, the Environmental
Guidelines, or other requirement set forth in the Compact Program Implementation
Agreement (PIA), or any other Supplemental Agreement.
As integral elements of the Environmental and Social Management System, the PMC shall
provide Compact-level support to MCA-Indonesia II in ensuring that ESP sections of
procurement documents, contracts and Project or Activity-specific environmental and social
management plans are developed implemented, and/or updated as appropriate, and all
relevant measures contained in such plans are integrated into project design and
implementation (including construction), in accordance to MCC and GOI standards.

5.2.8 Social and Gender Integration Plan (SGIP)

The MCA Social and Gender Integration Plan will be developed separately, using a different
resource and its development will not be the responsibility of the PMC. The PMC will assist
MCA-Indonesia II, under the guidance of the MCA-Indonesia II GSI Lead and in
collaboration with Project Directors, in ensuring that all components and activities of the
Compact-II program adhere to the MCC Gender Policy, including SGIP as mandated under
the MCC’s Inclusion and Gender Strategy (as outlined in Annex 11). The PMC will provide
program administration and Technical Advisory Support as needed in ensuring that MCC’s
GSI requirements are in compliance across all activities, processes, and deliverables under
the Compact program.
Several examples of support that can be provided include periodic information and data
sharing on GSI good practices and lessons learned; support better coordination and
communication across all projects, activities, and sub-activities, especially those related to
GSI; oversight on the implementation of GSI consultation; support GSI oversight in the
development and implementation of the ATLAS, FMDP, and MSME Finance Project. Other
support in the form of program administration and technical assistance, besides those
mentioned here, can also be provided as necessary.

5.3 Task 3 – Program Management Support

5.3.1 Financial Management Support
The financial management support provided by the PMC differs from the tasks carried out by
the Fiscal Agent. The PMC shall support MCA-Indonesia II in the review and analysis of
financial and contract administration reports produced by the MCA. The PMC shall:
 Assist with the monitoring of the budgets of the projects and activities;
 Review financial reports and ensure accuracy and compliance.
5.3.2 Asset Management Support
Under the Ministry of Finance (MoF) regulations all project assets (as outlined below) are
considered as state assets. The asset handover procedures should comply with MoF

130
Section V - Terms of Reference (ToR)

regulations #111, PMK 06/2016, which requires that all assets are registered, documented,
tracked and procedurally handed over to the appropriate implementing entities. These assets
may include, but are not limited: Digital and physical documents (intellectual property),
construction assets (physical works), operational assets (office equipment and commercial
assets).
The PMC's role is to support MCA-Indonesia II to comply with the MoF regulations cited
above. This task involves comprehensive record-keeping and systematic processes to ensure
that assets are properly catalogued, accounted for, and efficiently transferred to the
appropriate entities. This facet plays a crucial role in maintaining accountability and
transparency in the management of physical assets delivered under the projects.
5.3.3 Management Reporting
In the realm of management reporting, the PMC takes on the responsibility of generating a
range of reports and documentation that facilitate MCA-Indonesia II smooth operation and
informed decision-making. These reports encompass various types, such as regular progress
reports, ad-hoc assessments, and other pertinent reporting as needed. The PMC's role here is
to ensure that the required information is accurately compiled, presented, and accessible to
enable effective communication among stakeholders and support data-driven actions.
5.4 Task 4 – Program Close Out
Under this task, the PMC is required to prepare Program Close-Out Plan and implement this
Plan. The Program Close-out Plan will provide a disciplined, systematic approach to planning
for and managing the completion and close-out of the PMC program functions and services.
The Close-out Plan will describe the requirements and planned sequence of steps to be taken
for accepting completed work and for closing out the program management, consulting and
construction contracts, including:
 Program transition plan;
 Final audit plan;
 Agreement close-out plan;
 Personnel de-mobilization plan;
 Support in financial Close-out;
 Asset transfer plan;
 Closure of program web site (if any);
 Closure of site offices;
 Archiving of project records; and
 Formally capturing lessons learned during the delivery of the program.
Completion of the program will be marked with submittal of the Final PMC Report. A draft
of this report shall be submitted to MCA-Indonesia II for review and comment. Upon the
receipt of written comments, the report will be finalized, and the Program will be closed.

131
Section V - Terms of Reference (ToR)

6. TECHNICAL ADVISORY SUPPORT SERVICES

The scope stated under this section is only indicative and yet to be defined. Hence, the
budgeted amount for these services is included in the Financial Proposal as PROVISIONAL
SUM. The Consultant shall not price for these services, but only provide fully loaded rates
for the Subject Matter Experts required, as listed in Section 10.2.3 Subject Matter Experts, to
execute the Technical Advisory Support tasks as and when needed. As needed, the MCA-
Indonesia II shall issue Technical Directives to the PMC to carry out various Technical
Advisory Support tasks to ensure full compliance of the program execution to the required
technical standard, procedures, and processes in achieving Compact’s objectives and goals.
The process of issuing those Technical Directives is described in Section [Link] below.
6.1 ATLAS Technical Advisory Support Activities
ATLAS activities aim to help the target provinces to improve their capacity to manage the full
cycle of infrastructure investment, starting from planning, design, procurement, construction,
and operation with the ultimate goal to attract the private sector and other non-government
institutions to finance the project. Therefore, unlike traditional Technical Advisory Support
which heavily focuses on construction-related tasks, instead, PMC’s tasks shall also be
equally focused on reform-related activities including Good Practices Infrastructure Projects
(GPIP), Project Investment Management Guidelines (PIMG), Project Preparation
Development Facility (PPDF), and Integrated Transport Planning.
6.1.1 Task 1 - ATLAS Activities Design and Implementation Review
The detailed design for some of ATLAS activities may be underway prior to the mobilization
of the PMC. The PMC is expected to support the MCA-Indonesia II in managing and
monitoring the implementation of each ATLAS activity and reviewing the deliverables from
the consultants in charge of each activity design (the activity consultants).
The activity design consultants will conduct an assessment, literature review and gap analysis
of the current practices of transport planning, public investment and project preparation
procedures and processes. Stakeholder engagement and outreach will be major instruments
throughout the activity design phase. Several stakeholder meetings will be held during the
design of each activity. The activity scoping and design will be identified and processed
through consultations with the relevant stakeholders.
The assessment, analysis, and recommendations to be prepared by the activity consultants
will be submitted to MCA-Indonesia II through a comprehensive set of deliverables for
implementation purposes in the subsequent phase.
The activity design consultant may also need to seek acceptance of its proposed technical
approaches and options from the relevant provincial Implementing Entity and/or other MCA-
Indonesia II partner agencies. Prior to the submission of deliverables to MCA-Indonesia II,
the PMC shall ensure, when and where required, that acceptance of the deliverables from the

132
Section V - Terms of Reference (ToR)

Implementing Entity and related MCA-Indonesia II partner agencies have been granted.
The PMC shall ensure that the activity consultant’s work is processed timely in accordance
with work plans and consultant contract obligations.
The PMC shall carry out the following, but not limited to, tasks:
 Monitoring the design and implementation process and ensure that all
deliverables are timely prepared and issued in accordance with the respective
consultant contractual obligations, the relevant activity ToR and the
contractual workplan and deliverable schedule;
 Managing the consulting services contracts including reviewing payment
applications in accordance with the contractual payment schedule, and
processing as required contract variations;
 Reviewing all deliverables and ensure that they meet the requirements as
specified in relevant ToR and work programs;
 Monitoring adherence to the respective activity scope, costs and timelines;
 Providing MCA-Indonesia II with inputs and recommendations to improve the
quality of the activity consultants’ work and deliverables;
 Reviewing available data including design reports;
 Participating in discussions with stakeholders, and facilitating decision-making
on critical path items;
 Documenting meetings with stakeholders, decisions made during these
meetings and recording meeting discussions;
 Ensuring compliance with MCC Guidelines and Standards
 Coordinating as required the design works among the five ATLAS activities to
ensure design integration, interface, and consistency;
 Coordinating, as required, communication of program design criteria and
standards between the activity consultants;
 Attending and/or conducting coordination meetings between activity
consultants;
 Preparing periodic progress reports providing for each ATLAS activity detailed
progress status, updated workplan, services costs, payment schedule, and a
detailed issue matrix recommending timebound mitigation measures;
 Assisting MCA-Indonesia II in identifying and obtaining applicable agency
approvals;

133
Section V - Terms of Reference (ToR)

 Reviewing and ensuring incorporation of findings of environmental, social and

gender scoping/assessments, and other relevant non-engineering data and
information into the activity design;
 Reviewing available multicriteria data including design reports;
 Assisting with and coordinating the tender document prepared by the activity
consultants and/or by the Procurement Agent and serving on Technical
Evaluation Panels;
 Assisting MCA-Indonesia II in the execution of ATLAS activities as agreed
with the implementing entity.
 Monitor the design and implementation process and ensure all deliverables are
received on time;
 Review all deliverables and ensure they meet the requirements as described in
ToR and work programs;
 Provide MCA-Indonesia II with input and recommendations to improve the
quality of the activity consultants’ work;
 Review available data including design reports;
 Monitor design progress and adherence to workplans;
 Participate in discussions with stakeholders, and facilitate decision-making on
critical-path items;
 Monitor adherence to scope, costs and timelines;
 Assist MCA-Indonesia II with audit requests related to project activities and
documentation.
 Good Practice Infrastructure Projects (GPIP)
The Feasibility Study under GPIP will be implemented under a tight timeline and it requires
close monitoring to ensure successful completion. One of the main objectives of the GPIP is
to demonstrate to provincial project developers the benefits of applying good practices in
preparing projects such that they can attract commercial capital, supported, as necessary by
blended finance for de-risking. The PMC shall closely monitor and provide oversight on the
activity and ensure that capacity building at the provincial level is delivered. While some
steps of the feasibility studies and preliminary design are likely to be completed prior to the
mobilization of the PMC, the PMC shall review the work and outputs delivered prior to its
mobilization.
As most likely there will be a gap between the design completion and the actual execution of
physical work under GPIP, MCA-Indonesia II may request additional support from the PMC
in the area of project structuring, financing, legal and institutional, as well as transportation

134
Section V - Terms of Reference (ToR)

and engineering aspects on a short-term basis to maintain the schedule of active projects.
It is expected that the PMC’s support to the GPIP activity will require the following expertise
areas:
 Civil Engineering Design
 Structural Design
 Traffic Engineering
 Vehicle Engineering
 Systems Engineering
 CAD Support
 Survey Support
 Systems Engineering
 Utility Design
 LRT Station Design,
 Traffic Forecast and Modelling
 Economic Analysis
 Financial Analysis
 Environmental and Social Analysis Support, including specialists in fields
including but not limited to:
o Involuntary Resettlement
o Land Use
o Biological Resources
o Oceanography
o Hydraulic Modeling
o Hazardous Materials
 Gender and Social Integration Analysis Support, including specialists in
fields including but not limited to:
o Social Development
o Gender Equality and Social Inclusion (including but not limited to
areas such as gender and resettlement, gender-informed stakeholder
engagement, inclusion, gender and infrastructure, trafficking in
persons, etc)
o Women’s economic empowerment
In addition to the generic tasks listed under 6.1.1 above, the PMC may also be requested to
provide engineering design expertise and assistance for a broad range of conceptual studies,
pre-design analysis, final design and contract documents. Services in this area may include,
but are not limited to:
 Reviewing all available data (e.g., former reports and drawings) pertaining
to the existing conditions of a project site that may be impacted by the
proposed improvements;

135
Section V - Terms of Reference (ToR)

 Evaluating existing geotechnical data and develop an investigation

program to collect additional data for validating the proposed designs;
 Evaluate existing topographic survey data, perform any required additional
topographic surveys, and prepare maps showing all topography and
utilities in the project areas;
 Reviewing the designs of new or modified roadways, park-and-ride
facilities, pedestrian/bicycle access and sidewalks, including geometry,
grading, drainage, stormwater management, cross-sections, pavement
design, and related analyses;
 Conducting peer review of plans for constructability and value
engineering; and
 Reviewing bid document including technical specifications and special
conditions of contract.

 Public Investment Management Guideline (PIMG)

The PIMG is designed to optimize the allocation of public resources and encourage the
availability of investment opportunities that are suitable for private sector and blended
finance participation. The current GoI PIMG is scattered, fragmented, and needs major
improvement in the economic and financial analysis section. Therefore, the development of
PIMG will focus on the unification and improvement of existing public investment planning
practices through the development of a more comprehensive Public Investment Management
Guidelines which will eventually serve as a framework for identification, assessing,
prioritizing and implementing all public infrastructure investment.
It is expected that the PMC’s support to the PIMG activity will require the following
expertise areas:
- Macro and development economic
- Public Investment
- Institutional Framework
- Legal and Regulatory Framework
- Infrastructure Development Policy
- Public Budgeting

 Project Preparation Development Facility (PPDF)

The PPDF is designed to centralize resources for the provision of high-quality technical
assistance to the sub-national government agencies in the planning, preparation and
procurement of complex infrastructure projects, especially those requiring nongovernment
financing through PPP or commercial finance, supported by blended financing routes. The

136
Section V - Terms of Reference (ToR)

PPDF will address the gap between the demand and supply sides in the entire infrastructure
project cycle through the design, establishment and operation of sustainable and permanent
PPDF to support sub-national government in the preparation, procurement, construction and
operation of economically and financially feasible projects.

It is expected that the PMC’s support to the PPDF activity will require the following expertise
areas:
- Infrastructure and transport economic
- Infrastructure financing
- Project Structuring (Technical & Financial)
- Value for Money
- Institutional Framework
- Legal and Regulatory Framework
- Infrastructure Development Policy
- Public Budgeting
- Marketing/outreach

 Transport Planning Reform

The main purpose of adopting transport planning with a multimodal approach is to ensure
that the overall forecast demand for the movement of people and goods is met by an
appropriate mix of different transport modes delivered through an appropriately phased
pipeline of coordinated projects. This approach would represent a significant departure from
current planning practices in Indonesia which are enshrined by various laws and regulations.
It is expected that the PMC’s support to the Transport Planning Reform will require the
following expertise areas:
 Development and public policy
 Macro Economics
 Regional transport
 Urban transport and mobility
 Modelling
 Digital and geographic information technology
 Multi modal transport
 Green transport and sustainability
 Legal and institutional framework

6.1.2 Task 2 - ATLAS Construction - Management Support

The feasibility studies conducted under GPIP are expected to recommend civil works

137
Section V - Terms of Reference (ToR)

construction projects in the five provinces. Specifically for Bali, in addition to civil works
construction project, there will be an EV bus procurement and charging station installation
projects. Also, the feasibility studies are expected to provide recommendations on how the
civil works construction, EV bus procurement and charging station installation be executed,
and who will be the party to the construction and supply contract.
Subject to further confirmation by the GPIP activity consultant, MCA-Indonesia II envisages
three, but not limited to, contractual approaches for the implementation of civil works and/or
supply of goods.
Table II: GPIP Indicative Contract Roles

No Delivery Method Parties to the Contract PMC Roles

.
Subnational Government
1 Concession contract Oversight
and investor
Subnational Government or
2 Construction contract MCA Indonesia II and Oversight
contractor

Civil Works / MCA-Indonesia II and

3 Equipment Supply contractor Oversight
Contract

The MCA-Indonesia II may take any of the above role in the execution of the construction
projects. In a construction contract delivery method, MCA-Indonesia II will assign a separate
supervision consultant to act as an engineer in accordance with Conditions of Contract for
Construction for Building and Engineering Works Designed by the Employer, prepared and
copyrighted by the International Federation of Consulting Engineers (Fédération
Internationale des Ingénieurs-Conseils, or “FIDIC”), First Edition 1999.
In a construction contract where MCA-Indonesia II is the employer, the PMC shall be tasked
as the Employer Representative in accordance with FIDIC First Edition 1999. While in a
construction contract where MCA-Indonesia II is not the employer, the PMC shall assist
MCA-Indonesia II ensuring that the oversight function is strictly implemented and all parties
to the contract comply with the MCC requirements.
In the case of a Concession Agreement, the PMC shall provide oversight of the preparation of
the designs and criteria/specifications as part of the Concession Agreement between the
parties. During the construction and operation, the PMC shall conduct oversight, monitoring
and random site visits to ensure that construction and operation are strictly in adherence to
Concession Agreement and MCC requirements.
Regardless of the roles of the MCA-Indonesia II in the execution of the construction
contracts, the PMC shall support MCA-Indonesia II with:

138
Section V - Terms of Reference (ToR)

• Establishing a construction contract administration system for the ATLAS

GPIP, to track consultant, supplier and contractor compliance with terms and
conditions of contracts, address delays in performance, troubleshoot problems,
and certify performance of services, completion of works, and delivery of
goods.
• Designing and maintaining a Contract Documentation System (CDS),
including a complete file and record for every contract signed by MCA-
Indonesia II for the Project, including the following:
o Contract data;
o Amount and term of necessary bonds or guarantees in strict compliance
with contract requirements;
o Applicable permits and permit conditions;
o Compliance with contract terms;
o Change orders and any variations, events or decisions that might affect the
duration, cost or quality of studies and works; and
o Any additional information that is necessary to provide documentation for
auditors; support any possible claim or dispute settlement that might arise
during project execution; and allow MCA-Indonesia II to take corrective
actions in contract management;
• Ensuring that all necessary insurances, bonds or guarantees to be provided by
consultants and contractors are in place and remain up to date as required by
their contracts;
• Reviewing invoices submitted by entities providing technical and construction
services related to the Project prior to authorization of payment;
• Analyzing and assess the effect of cost variations on the execution of the
respective works, in order for MCA-Indonesia II to make decisions on
approvals or take the necessary remedial actions;
• Anticipating claims that may be submitted by consultants, contractors or
suppliers related to Project execution; reviewing recommendations prepared
by MCA-Indonesia II and/or its consultants regarding claims submitted by
construction contractors; and support MCA-Indonesia II’s legal counsel to
resolve claims; and
• Assist MCA-Indonesia II with orderly closeout of contracts and contract files.
Construction Monitoring Support
During the construction periods, the PMC shall support MCA-Indonesia II in its role as

139
Section V - Terms of Reference (ToR)

Employer under the construction contracts. It is anticipated that about six (6) construction
contracts of varying complexity, size and duration may be awarded by MCA-Indonesia II.
Prior to the start of construction, the PMC shall assist MCA-Indonesia II as it liaises with the
appropriate entities (including Ministry of Transportation, Ministry of Public Works, etc.)
regarding acquisitions of right-of-way (ROW), site access, issuance of construction permits,
including environmental permits, and giving access to the site to the construction contractors.
While a separate construction supervisor will be contracted, the PMC may be requested to
review contractors’ work programs and method statements recommended for approval by
MCA-Indonesia II, to ensure compliance with Project requirements; adequacy of
management and organizational arrangements, health and safety plans, and environmental
and social mitigation plans; appropriateness of personnel and equipment resources and other
facilities; and adequacy of quality assurance and quality control procedures.
During construction, the PMC shall:
 Ensure that construction supervision consultants provide MCA-Indonesia II
with full details of the progress and quality of works carried out by each
construction contractor on a monthly basis;
 Liaise with construction supervision consultants to ensure that the monthly
certificates for to construction contractors accurately reflect the value of works
completed;
 Monitor and report on compliance with any applicable ESMP, and recommend
remedial timebound actions in case of non-compliance; ensure that
consultations with local communities and businesses are undertaken in
accordance with the MCA-Indonesia II ESMS and the public consultation and
disclosure recommendations of the ESMP;
 Monitor and report on compliance with Social and Gender Integration Plan
requirements, including through ensuring an inclusive and gender-informed
stakeholder engagement process
 Report on the performance of construction supervisors and works contractors
to MCA-Indonesia II, with the objective of achieving value for money for the
civil works execution in line with contract management practices; and
o In support to MCA-Indonesia II, the PMC shall liaise with businesses and
communities affected by any of the works undertaken, ensuring that ongoing
consultation and disclosure activities are undertaken in accordance with MCA-
Indonesia II policy and the public consultation and disclosure
recommendations of the ESMP.
Following completion of construction/delivery of equipment, the PMC shall assist MCA-
Indonesia II in dealing with the appropriate implementing entities regarding such matters as

140
Section V - Terms of Reference (ToR)

acceptance of completed works and receipt of as-built drawings, and shall plan and supervise
the process of formal Project closure and transfer of completed works to the respective
implementing entities.
ESMS and SGIP Monitoring and Compliance Support
Under the direction of the MCA-Indonesia II, ESP & GSI Lead, and in coordination with
other Project Directors, the PMC shall support MCA-Indonesia II in managing ESMS, SGIP
and other requirements related to the health, safety and environment (HSE) activities of the
contractors as follows:
 Support the implementation of the site specific Contractor's Environmental
and Social Management Plans (C-ESMPs) which will provide the basis for
ensuring contractor awareness and compliance with respect to MCC
Environmental Guidelines, the IFC Performance Standards, the MCC Gender
Policy, and the MCC Counter-Trafficking in Persons Policy.
 Support overseeing the C-ESMP implementation and support HSE awareness
and culture during construction.
 Support monitoring the contractors’ compliance with the Trafficking in
Persons requirements, including any (“TIP”) Risk Management Plans, as
required in the MCC Counter-Trafficking in Persons Policy, following the
guidelines for project managers in the policy.
 Support ensuring that the designs and the tender/contract documents require
contractors to develop a policy prohibiting sexual harassment and other forms
of exploitation and abuse of workers and community members that is required
e as part of the general conditions of their contracts and monitor compliance
with the policy;
 Regularly track contractor compliance with C-ESMPs, keep MCA-Indonesia II
informed of progress through regular compliance reporting and assist in the
development and management of strategic solutions to address compliance
issues.
Commissioning Support
To protect MCC and MCA-Indonesia II’s investment the PMC will monitor and oversee the
commissioning and the operation startup, including performance and acceptance testing and
extended startup and handing over of assets to the subnational governments. The construction
contractors and/or the equipment suppliers will be responsible for the design, connection,
integration, commissioning, and running any relevant applications/software.
The startup services shall be supervised by the PMC in coordination with construction
contractors and shall include startup, commissioning, and testing of the equipment and
facilities. The start-up services shall include, but are not limited to the following activities:

141
Section V - Terms of Reference (ToR)

 Review and approve Project Installation and Operation Qualification and

Acceptance Plan;
 Review and approve project acceptance standards and testing methodologies;
 Perform project installation and operation qualification;
 Review and approve safety and emergency procedures and practices;
 Observe tune-up and testing of equipment;
 Oversee process startup, testing, and commissioning of individual items of
equipment and that of the entire system(s);
 Oversee benchmarking studies and baseline equipment assessments;
 Oversee performance testing of entire systems; and
 During the startup phases, the PMC shall provide MCA-Indonesia II with any
additional reports that are required, such as compliance information,
regulatory agency visits, equipment functionality and maintenance, any
operational problems, and status of budget and expenditures. Such reports
shall be presented as requested.

Defects Liability Period Support

Before the end of the Defects Liability Periods for the various construction contracts, the
Consultant PMC might participate in the final inspection, as requested by the MCA, and
review the final deficiency lists prepared by the construction supervision consultants.
Subsequently, the PMC shall participate in the Final Inspection of the Works for each
construction packages, together with the construction supervision consultants and
representatives of MCA-Indonesia II, representatives of all relevant institutions/agencies on a
national and subnational levels, as applicable, and the contractors/equipment supplier. The
PMC shall review the Final Acceptance Certificate and the Final Payment Certificate
prepared by construction supervision consultants.
Construction Contract Close-out Support
The PMC shall, on behalf of MCA-Indonesia II, undertake the physical and financial close-
out of assets in an effective manner and in close collaboration with MCA-Indonesia II. The
construction closure activities shall include, but not limited to:
 Witnessing and documenting the operation startup, testing and commissioning
of equipment along with the electromechanical testing of all systems;
 Assisting with the transfer of assets from the construction
contractors/equipment suppliers to the subnational governments and
coordinating for the start-up activities;

142
Section V - Terms of Reference (ToR)

 Coordinating and overseeing all construction contract closeout activities,

including final invoice and claim reviews;
 Ensuring that guarantees and warranties are obtained for all equipment and
materials to be transferred to the facility owner;
 Monitoring and overseeing the final acceptance and contract closeout and
obtain final documents to be provided by the contractor in accordance with the
technical specifications and the contractual obligations;
 Issuing the taking Over Certificates and transition contracts to
operations/defects notification phases; and
 Ensuring that the Final Taking Over Certificate reports on contractor
compliance with requirements related to RAP, TIP, and Social and Gender
Integration Plans.
Construction Periodic Reporting
For each contract, the PMC shall prepare and submit to MCA-Indonesia II monthly progress
reports. The reports shall be comprehensive and provide progress status, updated work and
payment schedule and actual and anticipated issues which may hamper the works and/or the
equipment supply and installation; timebound measures to mitigate the implementation issues
shall be provided as part of the monthly progress reports. In addition, the monthly progress
reports shall include site photographs and any other details PMC will consider necessary and
appropriate for reporting to MCA-Indonesia II.

6.1.3 Task 3 – Technical Advisory Services

 Specific Technical Advisory Services

While MCA-Indonesia II will have small team member to manage the ATLAS program level,
the MCA-Indonesia II will require additional technical support due to the nature of the
ATLAS activities. These ATLAS activities include a variety of transport and logistics studies
in five different provinces, and as needed studies during the development and implementation
of the GPIP, Transport Planning Reform, PIMG and PPDF. Short-term advisory services may
be needed in the areas of port development, bus routes development, electric vehicle
infrastructure, LRT stations improvements, logistics, and others. Environmental and social
and health and safety expertise will also be required. For Activities 1, 3 and 4 of section 2.1.
ATLAS Project Summary, MCA-Indonesia II may also require support in the areas of
planning, project development, IT and finance.
 Procurement and Grant Support
The PMC may be required to develop scopes of works of bidding documents, while the

143
Section V - Terms of Reference (ToR)

MCA-Indonesia II procurement agent is responsible for developing bid packages, advertising

and launching such procurements, the PMC will coordinate with the MCA-Indonesia II
procurement agent to ensure proper integration of the requested services within each
procurement. Under this task, the PMC should provide the following services:
 Work with the Procurement Agent to develop the procurement plan for the
Project. The plan shall identify the necessary services, works and goods
procurement for Program implementation, taking into account the specific
requirements of MCA-Indonesia II with regard to the prior notification and
publication of procurement plans and notices; and
 Assist in the implementation of the procurement plan, including the following:
o Ensuring that technical inputs to bidding documents are well prepared;
o Reviewing prequalification and bidding documents for procurement of
consulting services, civil works and goods, and assist with their
finalization;
o Assisting with draft responses to written queries or requests for
clarifications of a technical nature received from prospective bidders
during proposal and/or bid preparation periods; and
o Support MCA-Indonesia II in technical evaluations of procurement
processes and contract negotiations, to the extent requested.

6.2 FMDP Technical Advisory Support Tasks

The PMC support for FMDP will primarily focus in providing technical aspects according to
the implementation structure mentioned in Section 3.1 with primary task to support in the
aspect of quality assurance and oversight with regard to the implementation and delivery of
the service providers/contractors.
Task 1 – Providing technical support for the quality assurance and oversight for the
implementation of Capacity Building and Technical Assistance activities
 Provide technical review for the CB/TA program design and
documentations, including development of implementation strategy and
project management of the delivery of different activities.
 Assistance with preparation of procurements of CB/TA contractors. This
might involve reviewing or generating TORs for the procurement Agent,
supporting MCAI in meetings during procurement process, providing
inputs, analyses, and comments, etc.
 Provide oversight, as well as evaluation and monitoring of the CB/TA
activities progress by attending meetings, trainings, workshop sessions, etc

144
Section V - Terms of Reference (ToR)

and provide monitoring & evaluation reports, as well as input and

recommendations to improve the quality of the activity and consultants’
work in the future.
 Provide technical support and assistance regarding the engagement between
MCAI with contractors, consultants, Implementing Entities or other key
stakeholders in financial market ecosystem.
 In certain situations, the PMC should have the capability to provide
capacity-building or technical activities at an agreed and predetermined
level as part of a redundancy strategy whenever a gap or need is identified
during implementation.
 Assist MCA with audit requests related to project activities and
documentation.
Task 2 – Providing technical support for the quality assurance and oversight of the
implementation of Financial Transaction Pilot Project activities
 Provide support to MCAI in the assessment, development, and finalization
of potential pipeline for additional pilot projects to be included in the Annex
IV of the PIA. The pipeline development of additional projects shall be
governed as part of BFDM operations manual and in cooperation with
BFDM Host. This may include attending meetings with project
owners/GCAs, review and assess project documents against
selection/screening criteria, monitoring project progress, and other tasks
related to project portfolio management.
 Provide support to MCAI regarding the Transaction Advisory or Bond
Structuring advisory activity, which may include preparing and assisting in
procurement-related activities including developing ToRs/RFPs, technical
directives for Transaction Advisors contracted and managed by MCAI.
Provide support to MCAI on reviewing the consultants’ outputs, providing
comments and analyses, supporting MCAI in meetings with project owners,
consultants, and other stakeholders involved in the activity.
 Provide support to MCAI for the BFDM activity, particularly to review the
Blended Finance recommendations/reports developed by BFDM Host to
MCAI. Additional support may include conducting assessment and
monitoring in certain aspects of the project, namely economic, financial,
environmental, gender and social, technical/engineering, political etc., both
through desk study or field study, as needed.

145
Section V - Terms of Reference (ToR)

 Provide technical support and assistance regarding the engagement between

MCAI with contractors, consultants or other key stakeholders related to
pilot project activities.
 Assist MCA with audit requests related to project activities and
documentation.
6.3 MSME Technical Advisory Support Tasks
In addition to the tasks described under the Program Administrative Support, the PMC is
expected to conduct the following tasks. The tasks to be performed under the MSME
Technical Assistance are:
1. Task 1: Ensure that the four activities under the Project work in synergy and
provide value-add to each other to the highest level possible.
2. Task 2: Review of all deliverables generated by the MSME Activities
consultant(s).
3. Task 3: Assistance with preparation of bid documents and advisory services
during procurements of contractors. This might involve reviewing TORs or
generating TORs for the procurement Agent, attending pre-bid and other
procurement conferences, responding to procurement questions, etc.
4. Task 4: Oversight and tracking of Activities progress and disbursements,
including scheduling, cost and in identifying various risks or blockers to
achieving the Project’s objective and translating these challenges into strategies at
the activity level.
5. Task 5: Ensuring linkage of MSME Activities with ATLAS and FMDP Activities.
For example, this may include coordination of childcare and one stop service
activities under the ATLAS project and the MSME project, given this component
cuts across both projects.
6. Task 6: Support MCA-Indonesia II with development of implementing entity
agreements and memorandums of understanding with possible partner entities.
7. Assist MCA-Indonesia II with audit requests related to project activities and
documentation.

6.4 Special Studies and Additional Work – Technical Advisory Support

If requested by MCA-Indonesia II, the PMC shall initiate and carry out special studies, such
as Value Engineering, value for money, project financial structuring, and institutional
framework. The purpose of which shall be to determine the optimum design, systems and
financing to be utilized while bearing in mind the relative efficiency, initial and operating
costs, maintenance, life span, durability, and construction methods and systems, etc. Prior to

146
Section V - Terms of Reference (ToR)

commencing any special studies required by MCA-Indonesia II shall provide a written

request to the PMC who shall develop a detailed TOR and a financial proposal that must be
approved in writing by MCA-Indonesia II. The financial proposal shall be based on the rates
provided by the PMC in its contract.

7. PROGRESS REPORTING AND DELIVERABLE REQUIREMENTS

The PMC is required to prepare and submit several routine progress reports along with other
activity outputs. All required deliverables will be submitted electronically. In addition,
presentations to MCA-Indonesia II management could be required from time to time.
Deliverables will be considered “draft” upon initial receipt and should be designated as such.
Drafts will be reviewed and accepted by MCA-Indonesia II or comments will be provided
back to the PMC. Once the PMC has received input on the draft documents, they shall
address the comments and provide final deliverables as required and within agreed time
frames. All deliverables for this project will be submitted in English and in electronic copies.
The submission of reports shall be concise and focused, ensuring that the key information is
conveyed effectively while avoiding unnecessary verbosity. Moreover, the platform should
incorporate and display the report, enabling real-time monitoring capabilities.
The PMC shall be responsible for preparing and submitting the following routine program
reports:
• Monthly Progress Report
• Quarterly Progress Report
• Annual Review and Planning Report
• Final Report
• Ad-hoc reports, as requested by MCA-Indonesia II
Each of these required reports is described in further detail below.

1. Monthly Progress Report (MPR)

A Monthly Progress Report (MPR) shall be prepared by the PMC and submitted to MCA-
Indonesia II. The specific format of the progress report will be developed in consultation with
MCA-Indonesia II. In general, the report will cover the programmatic/physical progress
status of work to date, budget variance analysis, risk management, and recommendations for
mitigation.
2. Quarterly Progress Report (QPR)
The PMC shall prepare a Quarterly Progress Report (QPR). The QPRs shall contain an
accurate, up-to-date account of all work accomplished, work scheduled, outstanding project

147
Section V - Terms of Reference (ToR)

issues, consultants, contractors, and suppliers for the previous quarter. In the QPRs, the PMC
shall focus on Quarterly Disbursement Report (QPR) analysis; a comparison of proposed vs
actual QDR every quarter.
3. Annual Review and Planning Report (ARP)
The PMC shall facilitate an annual review and planning session at the end of each Compact
year, which will include participation from all program teams and other stakeholders. The
exact timing, format, participants and content of such sessions shall be planned with MCA-
Indonesia II in advance. The result of the annual review and planning session shall be
summarized by the PMC in an Annual Review and Planning Report.
The specific format of the AR shall be agreed upon with MCA-Indonesia II. It should include
a succinctly stated performance evaluation of the entire projects and activities of Compact
Program with details on the performance of the individual activities funded under the
program, with an adequate and concise narrative and graphic depiction of the annual
performance metrics compared with baseline work plans and other data, as appropriate. The
ARP shall include a program implementation plan for the following year, which shall
describe, at a minimum, the goals for the next year, a schedule/work plan with key activities
and resources requirements, and a risk matrix with an associated mitigation plan.
The draft ARP shall be submitted not later than 5 working days after the ARP session. The
final ARP shall be submitted no later than three (3) working days after receipt of MCA-
Indonesia II comments.
4. Final Report
The PMC shall prepare a comprehensive Final Report describing all activities undertaken
during the contract period, including a description of methodology and actual vs. baseline
results, interventions with other consultants and constructors, and performance indicators.
The Final Report shall include, but not be limited to:
a. Executive Summary.
b. Section on lessons learned and analysis thereof.
c. Summary of budget and schedule performance in comparison to plan.
d. Compliance with applicable environmental and social performance standards (e.g.
ESMS and SGIP).
e. Other summaries and conclusions.
f. Appropriate appendices.
The draft report shall be submitted not later than 15 working days prior to the contract/option
expiry. The final report shall be submitted no later than three (3) working days after receipt of
MCA-Indonesia II comments.
All these reports should be accessible and interconnected within the management platform,

148
Section V - Terms of Reference (ToR)

enabling real-time monitoring.

All the deliverables will be outlined via Technical Directives that will be issued by the
responsible MCA-Indonesia II Officer.

8. CONTRACT PHASING AND MANAGMENT

The PMC contract will proceed with an initial base period of 12 months, with the option of
annual renewal (subject to performance) for 4 option periods until the end of the Compact
term which will be 5 years from the Entry into Force of the Compact which is planned around
April 2023. To note that the last option period will also include a 3-month period post
compact to assist MCA-Indonesia II with administrative closure activities.
The MCA-Indonesia II Deputy Executive Director for Operations will be the main Contract
Manager. Day to day communication will be with each Sector Directors and Manager and
acceptance of deliverables may be delegated to the Deputy Executive Directors for
Infrastructure and MSME Finance.
9. DELIVERABLE REVIEW AND PAYMENT SCHEDULE
9.1 Program Administrative Support

Payments for the deliverables of Program Administrative Support Tasks shall be made
according to the following schedule of percentages. The percentages listed represent fractions
of the total amount of the proposal price for each Phase included in the Contract (and
originally part of the Consultant’s proposal as presented in Form FIN-3).

Schedule for Base Period Deliverables:

Submission
Deadline
No Base Period Deliverable (12 months)
(from start date
Percent
of the Contract)

1 Inception Report & Mobilization Plan Week 4 15%

2 Operation Manual for Projects and Activities Week 8 10%

3 Program Management Plan Completion

a Document Management Plan 3%

b Project & Activity Plan Week 10 4%

c Operation Risk Management Plan 3%

d Communication Plan Week 6 3%

149
Section V - Terms of Reference (ToR)

Submission
No Base Period Deliverable (12 months) Deadline
(from start date Percent
of the Contract)
e Knowledge Management Plan 3%

f Scope and Change Management Plan 3%

g ESMS Week 12 6%

4 Program Management Platform Week 12 15%

12 reports
submitted by the
5 Monthly Reports 20%
10th of the
following month

3 reports
submitted by the
6 Quarterly Reports 5%
10th of the
following month

One month
7 Final Report before end of the 10%
Base Period

Schedule for Option Period No.1 Deliverables:

Submission Deadline
Option Period 1 Deliverables
No (from start date of the
(12 months)
Contract) Percent

Monthly Reports along with

updated status on Operation 12 reports submitted by the 10th
1 50%
Manual for Projects and Activities of the following month
and Program Management Plans

Quarterly Reports along with

updated status on Operation 3 reports submitted by the 10th of
2 35%
Manual for Projects and Activities the following month
and Program Management Plans

Final Report along with updated

status on Operation Manual for One month before end of the
3 15%
Projects and Activities and Period
Program Management Plans

150
Section V - Terms of Reference (ToR)

Schedule for Option Period No.2 Deliverables:

Submission Deadline
N Option Period 2 Deliverables (12
(from start date of the
o months) Percent
Contract)

Monthly Reports along with

updated status on Operation 12 reports submitted by the 10th
1 50%
Manual for Projects and Activities of the following month
and Program Management Plans

Quarterly Reports along with

updated status on Operation 3 reports submitted by the 10th of
2 35%
Manual for Projects and Activities the following month
and Program Management Plans

Final Report along with updated

status on Operation Manual for One month before the end of the
3 15%
Projects and Activities and Period
Program Management Plans

Schedule for Option Period No.3 Deliverables:

Submission Deadline
N Option Period 3 Deliverables (12
(from start date of the
o months) Percent
Contract)

Monthly Reports along with

updated status on Operation 12 reports submitted by the 10th
1 50%
Manual for Projects and Activities of the following month
and Program Management Plans

Quarterly Reports along with

updated status on Operation 3 reports submitted by the 10th of
2 30%
Manual for Projects and Activities the following month
and Program Management Plans

Final Report along with updated

status on Operation Manual for One month before end of the
3 10%
Projects and Activities and Period
Program Management Plans

4 Final Program Closure Plan One month before end of the 10%

151
Section V - Terms of Reference (ToR)

Submission Deadline
N Option Period 3 Deliverables (12
(from start date of the
o months) Percent
Contract)

Period

Schedule for Option Period No.4 Deliverables:

Submission Deadline
N Option Period 4 Deliverables (12
(from start date of the
o months) Percent
Contract)

Monthly Reports along with

updated status on Operation 12 reports submitted by the 10th
1 50%
Manual for Projects and Activities of the following month
and Program Management Plans

Quarterly Reports along with

updated status on Operation 3 reports submitted by the 10th of
2 30%
Manual for Projects and Activities the following month
and Program Management Plans

Final Report along with updated

status on Operation Manual for One month before end of the
3 15%
Projects and Activities and Period
Program Management Plans

Training and handover of Platform Three months before end of the

4 5%
and documents to potential user Period

Unless otherwise agreed during the development of the workplan, MCA-Indonesia II

through its Authorized Representation will review each deliverable within the working
days from the date of submission by the consultant indicated above.

Unless otherwise agreed during the development of the workplan, the Consultant shall
submit the final version within the working days of receipt of comments from MCA-
Indonesia II indicated above. If no comments have been received within the review’s days
indicated above, from the submission date, the deliverable will be considered accepted for
payment purposes and the consultant may submit an invoice for payment. The Consultant,
however, will be obligated to make any required changes deemed necessary until the
deliverable is considered final and acceptable.

9.2 Technical Advisory Support Tasks

152
Section V - Terms of Reference (ToR)

Payments for Technical Advisory Support Task will be invoiced separately and paid in
accordance with the payment schedule as agreed in each of the Technical Directive.

10. STAFFING REQUIREMENTS

10.1 General Resource Requirement
The Consultant must demonstrate capabilities to manage and coordinate work in Indonesia.
The Key Staff (listed below in Section 2) must be stationed in Indonesia on a long-term basis
during the provision of the services. The Consultant should also specifically describe how it
will provide an office presence in Jakarta and coordination with the five target provinces
involved in the Good Practice Infrastructure Projects (GPIP) as well as with the line
ministries and government agencies involved in the Transport Planning Reform, the PIMG,
PPDF, FMDP and MSME. Due to the complexity of the Indonesian institutional system and
dynamic political-economy factors the Consultant is encouraged to propose a balanced team
with significant presence in-country.

10.2 Team Requirements

The consultant’s team is expected to be a combination of international and national experts.
This combination is required to introduce best international practices in the management of
the four ATLAS components, FMDP and MSME, but also to bring strong local expertise and
experience to adequately support MCA-Indonesia II in managing and monitoring the
Program and the ATLAS, FMDP and MSME preparatory studies as well as the subsequent
implementation phase.
The key personnel team shall be full-time based in Indonesia. Of the core team composed
of experts, specialists and engineers required to timely and efficiently support MCA-
Indonesia II, seven personnel are considered Key Personnel: Team Leader, Deputy-Team
Leader for Program Administration, Program Performance and Control Specialist, Program
Compliance and Monitoring Specialist, Co-Team Leader for ATLAS Project, Co-Team
Leader for FMDP Project and the Co-Team Leader for MSME Finance Project.
The rest of the team shall consist of a wide range of interdisciplinary specialists with
qualifications, skills and experience covering the full range of expertise required to manage
and monitor the Program implementation and the works and deliverables of the consultants
involved in the preparation and implementation of infrastructure and finance projects of the
Indonesia Compact. Consultants will propose their own team structure along with a detailed
organization chart and will submit these with their technical proposal. The CVs of the
proposed key shall be annexed to the technical proposal.
The composition of the PMC personnel is a critical factor in ensuring the success of the
project. The PMC shall consist of experts possessing significant expertise and substantial
experience in their respective fields to successfully carry out the tasks described in the TOR.
Consultants are granted the flexibility to introduce and adjust expertise within the specified
roles outlined below, enhancing the adaptability of the team to project demands.
153
Section V - Terms of Reference (ToR)

MCA-Indonesia II shall approve the PMC project team structure, qualifications, and level of
staffing at various stages of the project. The approved minimum staffing requirements for the
PMC need to be fulfilled at all times. Unless clearly indicated otherwise in the approved
PMP, the authority for financial approvals and commitment authorization for the project will
remain with MCA-Indonesia II.
The PMC needs to have skilled and dedicated key team members, and additional staff with
the right expertise as described below.
The minimum personnel qualifications and experience indicated below are mandatory for the
seven key personnel and indicative for the non-key personnel. The consultants shall justify
and provide the job description of their proposed non-key personnel. A staffing schedule and
a responsibility assignment chart must be provided with the technical proposal.
10.2.1 Key Personnel:
 K-1: Team Leader
 K-2: Deputy-Team Leader for Program Administration
 K-3: Program Performance and Control Specialist
 K-4: Program Compliance and Monitoring Specialist
 K-5: Deputy -Team Leader for ATLAS Project
 K-6: Deputy -Team Leader for FMDP Project
 K-7: Deputy -Team Leader for MSME Finance Project

10.2.2 Non-Key Experts/Supporting Staff:

Additional Non-Key Experts and the Supporting Staffs are responsible for conducting the
Program Administration Support Tasks on a daily basis. These individuals are expected to be
engaged in full-time roles to ensure the timely and accurate completion of all administrative
tasks as stipulated by MCA-Indonesia II. The supporting professional staffs shall include, but
not limited, to the following:
1. Project Administrator(s)
2. Quality Control and Assurance Specialist
3. Contract Management Specialist
4. Database Specialist
5. Project Risk Management Specialist
6. Communication and Stakeholder Engagement Specialist
7. Monitoring and Evaluation Specialist
8. Program Developer (expected ½ time role)
9. Environmental and Social Performance Specialist
10. Gender and Social Inclusion Specialist

10.2.3 Subject Matter Experts

In addition to the above Key Professional Staff and Supporting Staff, the PMC shall be
required to provide Subject Matter Experts (SME) to execute Technical Advisory Support

154
Section V - Terms of Reference (ToR)

tasks. The SMEs shall be easily mobilized experts and advisors available to MCA-Indonesia
II upon request as detailed in the Technical Directive. During the course of the program
implementation, the need and scope for these services will be identified by MCA-Indonesia
II. Once a need is identified, the DED (Deputy Executive Director) for Infrastructure Finance
and DED for MSMEs will make a decision on when or if the PMC’s technical advisory
support services will be called upon to assist MCA-Indonesia II in assessing and
understanding issues and/or potential solutions. The Consultants are granted the flexibility to
introduce and adjust expertise within roles, including but not limited to, those specified
below, enhancing the adaptability of the team to project demands, with MCA-Indonesia II
approval.
The PMC’s SME should include mid to senior-level specialists, in the following disciplines:

No Projects/Activities Indicative Subject Matter Experts

1. Cross Project Specialists Logistic Specialist, Project Finance Specialist,
Institutional and Governance Specialist, Legal and
Regulatory Specialist, Capacity Building and Training
Specialist, Public Procurement Specialist,
Infrastructure Economist, Gender and Social Inclusion
Specialist, Transport Planner
2. Project Sector Specialist
a. GPIP Specialists Port Specialist, Public/Urban Transport Specialist, EV
Bus Specialist, Road Specialist, Health & Safety
Specialist, Site Engineer(s), Structural Design
Specialist, LRT Station Design Specialist, Electrical
Specialist, Mechanical Engineering Specialist,
Instrumentation Specialist, Resettlement Specialist,
Hydraulic Modeler, Facilities Engineer.
b. ATLAS Reform Public Policy Specialist & Public Finance Specialist
Specialist
c. FMDP Specialists Financial Market Regulatory Specialist, Municipal
Finance Specialist, Corporate Finance Specialist,
Treasury Specialist
d. MSMEs Finance Value Chain Development Experts, MSME Market
Access Support Experts, MSME Credit Risk
Management Expert, MSME Data Legal and
Regulatory Specialist, Public Sector Information
System Development Specialist, Information System
and Data Security Specialist

155
Section V - Terms of Reference (ToR)

The Supporting Staffs and Subject Matter Experts will not be taken into consideration in the
Technical Evaluation Process. As and when the requirement arises during implementation of
the project, MCA-Indonesia II shall request the PMC to provide the updated CV(s) of the
relevant expert/specialist (s). MCA-Indonesia II shall carry out a proper evaluation of the
CV(s) to identify the professional skills and experience prior to engaging the expert/specialist
(s) in the relevant assignment.
Expectations include a quick turnaround, mobilization within two weeks of the notice-to-
proceed from MCA-Indonesia II, and a report ready within a predetermined period after the
mobilization. The notice to proceed will be preceded by an agreement with MCA-Indonesia
II covering budget, scope of work, skill set(s) required and any potential need to amend the
existing contract.

[Link] Process for Issuance of Technical Directive to Execute Technical Advisory

Support
For each Technical Advisory Support request, MCA-Indonesia II through its Procurement
Agent will issue a Technical Directive as previously approved by MCA-Indonesia II and
MCC and request a financial proposal from the Consultant. The level of effort required from
Subject Matter Experts and other expenses to execute the Technical Directive will be
discussed and negotiated according to the unit prices as described in the contract. Upon
approval of the mutually agreed Technical Directive, then, the Consultant will execute the
requested technical advisory support services.
Payments for Technical Advisory Support will be invoiced separately and paid in accordance
with the payment schedule as agreed in the Technical Directive.

10.3 Minimum Qualifications Requirements

10.3.1 Key Personnel
K-1: 1. Team Leader - Key Personnel
The Team Leader should lead the PMC and cover the scope of Program Administration Tasks
and Technical Assistance Tasks. The Team Leader will provide strategic direction and overall
management of the PMC team with the overall responsibility of ensuring that implementation
of the Projects is monitored adequately and aligned with objectives, budget and timeline
goals, and Compact safeguard requirements. The Team Leader shall also be arranging for
Technical Advisory Support to ensure the delivery of the programs meets the standard and
requirements. S/he shall be employed on a fulltime basis for the entire duration of the
program. S/he should have experience and qualifications in establishing program
management facilities and systems. S/he should also have demonstrated experience in
managing the operation and logistics of complex and large development projects at the
national and sub-national levels in Indonesia or southeast Asia. S/he shall have demonstrated

156
Section V - Terms of Reference (ToR)

experience in managing large-scale transport, infrastructure and development financing.

Experience in developing micro small medium enterprise (MSMEs) programs is also
desirable.
Desired Qualifications and experience of the Team Leader:
• Minimum Bachelor’s degree, Master’s Degree is desirable, in any one of these fields
Business and Administration, Finance, Engineering, Project Management or related
fields.
• The Team Leader shall have a minimum of 15 years' professional experience managing
multi-disciplinary teams. Must have experience developing and implementing donor
compliant administrative, financial and reporting systems.
• Minimum 10 years of demonstrated program or project management experience
involving the management and delivery of logistically complex, large-scale infrastructure
development, MSMEs, capacity building activities and/or economic development
programs of similar size and scope to the MCA-Indonesia II projects.
• Demonstrated experience and skills in project planning, budgeting, administration, risk
management, monitoring, and reporting on a national and sub-national level.
• Direct experience working on development projects or donor-funded programs,
preferably with exposure to infrastructure development or financing, and/or MSMEs
projects.
• Proven team leader capable of leading and managing a team of multi-disciplinary and
multi-cultural team of specialists, including client management.
• Excellent written and oral communication skills in English. Communication skills in
Bahasa Indonesia are desirable.
K-2: 2. Deputy -Team Leader for Program Administration - Key Personnel
The Deputy-Team Leader for Program Administration will assume a pivotal role in
overseeing and leading the execution of Program Administration tasks. This includes
ensuring the efficient functioning of the platform and administrative processes, with a strong
emphasis on aligning them with the project's and activities specific requirements and needs.
The Deputy Team Leader will collaborate closely with other team members of PMC and the
MCA-Indonesia II to establish and maintain streamlined workflows and reporting while also
promoting continuous improvement in administrative procedures. S/he will be responsible for
monitoring the platform's performance, identifying any potential issues, and implementing
corrective actions as needed. Additionally, the Deputy Team Leader will play a crucial role in
fostering effective communication within the team and with external stakeholders, ensuring
that administrative aspects are seamlessly integrated with the broader goals of the program.
Desired Qualifications and experience of the Co-Team Leader for Program Administration:

157
Section V - Terms of Reference (ToR)

• Minimum Bachelor’s degree, Master’s Degree is desirable in business administration,

Public Administration, Project Management, or other related field. Additional
certifications in program management or administration are a plus.
• Minimum 10 years’ experience in program administration with a comprehensive
understanding of administrative principles, systems, procedures, and best practices.
• Proven ability to develop and operate administrative systems for donor funded
development programs.
• Demonstrated experience and skills in project planning, budgeting, administration, risk
management, monitoring, and reporting on a national and sub-national level.
• Direct experience working on development projects or donor-funded programs and
Indonesia Government Regulations, preferably with exposure to infrastructure
development or financing, and/or MSMEs projects.
• Excellent written and oral communication skills in English. Communication skills in
Bahasa Indonesia are desirable.
K-3: 3. Program Performance and Compliance Specialist - Key Personnel
The Program Performance and Compliance specialist will be responsible for managing
program costs, and project schedules (implementation plan), and for estimating and reporting
on key milestones such as identifying critical path issues, slippage, and earned value. The
Program Performance and Compliance Specialist will be held primarily responsible by the
Team Leader for the implementation and enforcement of program controls and performance.
The Program Performance and Compliance Specialist will also be responsible for the review
and evaluation of existing document management and will implement appropriate control
processes.
Qualifications and experience of the Program Performance and Compliance Specialist:
• Minimum Bachelor's degree in a relevant field such as Business Administration, Project
Management, Engineering, or a related discipline.
• Minimum 10 years of demonstrated experience setting up and managing large
development program-level document control systems including experience in the
application of relevant management information systems and tools for several projects
similar to the MCA-Indonesia II program.
• Demonstrated experience in program performance and compliance monitoring on
logistically complex, large-scale infrastructure development, capacity building activities
and/or economic development programs of similar size and scope to the MCA-Indonesia
II projects.
• Excellent written and oral communication skills in English. Communication skills in
Bahasa Indonesia are desirable.

158
Section V - Terms of Reference (ToR)

K-4: 4. Program Control and Monitoring Specialist - Key Personnel

The Program Control and Monitoring Specialist will be responsible for monitoring all
program activities, outputs, and results to assess and document compliance with relevant
environmental and social safeguard requirements, as well as the overall progress of the
project according to agreed performance metrics and indicators. He/she will work closely
with MCA-Indonesia II’s environmental, social/gender, and monitoring and evaluation
directors, as well as the PMC’s own environmental and social/gender specialists (see below)
to develop and deploy operating practices and procedures for monitoring safeguard
compliance and project performance.
Desired Qualifications and experience of the Program Control and Monitoring Specialist:
• Bachelor’s degree (or higher) in any one of these fields’ environmental management,
social sciences, economics, engineering or related field.
• Minimum 10 years of experience in development and maintenance of IT-based
monitoring plans to track the environmental, social, and economic performance of large-
scale development, environmental and/or infrastructure programs similar to MCA-
Indonesia II projects.
• Familiar with international environmental and social performance standards, in particular
IFC performance standards.
• Proven team player capable of working with a team of multi-disciplinary and multi-
cultural specialists.
• Excellent written and oral communication skills in English. Communication skills in
Bahasa Indonesia are desirable.
K-5: 5. Deputy-Team Leader for ATLAS Project - Key Personnel
The Deputy-Team Leader for ATLAS project will be responsible for carrying out all the PMC
Technical Assistance tasks under the ATLAS Project. S/he shall ensure that the tasks are
aligned and synchronized with the specific requirements agreed with the stakeholders. S/He
should provide and coordinate Subject Matter Experts required and aligned with the
dynamics needs of the projects. Moreover, the Deputy -Team Leader will be prepared to
actively engage in coordinating with key stakeholders, if required by the MCA-Indonesia II.
Desired Qualifications and experience of the Deputy -Team Leader for the ATLAS Project:
• Minimum Master’s degree in civil or Transportation Engineering.
• Minimum 15 years' professional experience in transport infrastructure and financing, at a
national and sub-national level.
• Demonstrated experience and skills in project management, including: planning,
budgeting, administration, risk management, monitoring, and reporting on transport
development projects.

159
Section V - Terms of Reference (ToR)

• Demonstrated experience in program or project management for logistically complex,

large-scale infrastructure development, capacity building activities and/or economic
development programs of similar size and scope to the MCA-Indonesia II projects.
• Direct experience working on transport development projects, as well as knowledge of
FIDIC general conditions of contract.
• Excellent written and oral communication skills in English. Communication skills in
Bahasa Indonesia are desirable.
K-6: 6. Deputy-Team Leader for FMDP Project - Key Personnel
The Deputy -Team Leader for FMDP project will be responsible for carrying out all the PMC
Technical Assistance tasks under the FMDP Project. S/he shall ensure that the tasks are
aligned and synchronized with the specific requirements agreed with the stakeholders. S/He
should provide and coordinate Subject Matter Experts required and aligned with the
dynamics needs of the projects. Moreover, the Deputy -Team Leader will be prepared to
actively engage in coordinating with key stakeholders, if required by the MCA-Indonesia II.
Desired Qualifications and experience of the Co-Team Leader for the FMDP Project:
• Minimum Bachelor’s degree, Master’s Degree is desirable in business, Commercial Law,
Finance, or Economics.
 Minimum 15 years' professional experience in Financial or Capital Market, Banking
Sector or Infrastructure Finance.
 Demonstrated experience and skills in Project Finance or Financial Sector Reform
Program.
 Demonstrated experience in Infrastructure Financing, Design and Execution of Financial
Reform Activities, Capital Market Development.
 Direct experience working in Emerging Market, preferably in Southeast Asia/ Indonesia.
 Excellent written and oral communication skills in English. Communication skills in
Bahasa Indonesia are desirable.
K-7: 7. Deputy-Team Leader for MSME Finance Project - Key Personnel
The Deputy -Team Leader for MSME Finance project will be responsible for carrying out all
the PMC Technical Assistance tasks under the MSME Finance Project. S/he shall ensure that
the tasks are aligned and synchronized with the specific requirements agreed with the
stakeholders. S/He should provide and coordinate Subject Matter Experts required and
aligned with the dynamics needs of the projects. Moreover, the Deputy -Team Leader will be
prepared to actively engage in coordinating with key stakeholders, if required by the MCA-
Indonesia II.
Desired Qualifications and experience of the Deputy -Team Leader for the MSME Finance
Project:

160
Section V - Terms of Reference (ToR)

 Minimum Master’s degree in development studies, Political Science, Finance,

Economics, Social Sciences, Public Administration, or related fields.
 Minimum of 10 years of progressively responsible experience in program/project
management for MSME access to finance development project including
coordination, financial management, risk management, in international development
organizations, bilateral development agencies and/or international NGOs.
 Proven track record liaising with financial institutions, MSMEs, government, and
other key project stakeholders
 Demonstrated track record of targeting MSME programming to under-served
populations, specifically women.
 Demonstrated experience in program or project management for access to
finance/capacity building programs for MSMEs capacity building activities at
national and subnational level and/or economic development programs of similar size
and scope to the MCA-Indonesia II projects.
 Proven ability to assess institutional and regulatory context of a program.
 Strong interpersonal and written and oral communication skills.
 Fluency in English and Indonesian required.

10.3.2 Non-key Experts / Supporting Staff

Generic Requirements
 Relevant advanced degree, at least BSc, or equivalent professional qualifications/
accreditation.
 At least 10 years of experience in the relevant field.
 Experience in similar large development and reform programs.
 Proven experience in Southeast Asia, preferably in Indonesia.
 Experience in working with multilateral and bilateral donors.
 Strong awareness and understanding of the Indonesian regulatory, institutional, and
policy frameworks governing the relevant area of expertise.
 Strong awareness and understanding of relevant international policies, standards and
practices in the relevant area of expertise.
 Experience in incorporating environmental and social safeguards and practices in the
relevant area of expertise.
 Experience in identifying and managing risk in the relevant area of expertise.
 Proven experience in drafting reports, working notes, Terms of Reference, etc. as
required in the relevant job description.
 Experience in Southeast Asia, preferably in Indonesia; and
 Excellent verbal and written communications skills in English and ability to work
closely with counterpart personnel, other relevant institutional actors, and ability to

161
Section V - Terms of Reference (ToR)

work effectively with Indonesian nationals, with Bahasa Indonesia language skills
preferred.

10.3.3 Subject Matter Experts

Generic Requirements
• Minimum Bachelor’s degree, Master’s degree is desirable, in the related field.
• Minimum 15 years' professional experience in the related field.
• Demonstrated experience and skills in conducting the task with the similar nature and
complexity in the related field.
 Excellent verbal and written communications skills in English and ability to work
closely with counterpart personnel, other relevant institutional actors, and ability to
work effectively with Indonesian nationals, with Bahasa Indonesia language skills preferred.

11. REFERENCE DOCUMENTS AND INFORMATION

For reference documentation and background information exists relative to the Compact are
attached as Annex.

ANNEXES
Annex 1 – Program Logic
Annex 2 – Geographical Location of the Program and Activities

162
Section V - Terms of Reference (ToR)

Annex 3 – LWA Roles and Responsibilities

Annex 4 – LWA Structure
Annex 5 – MCA-Indonesia II Structure
Annex 6 –Project Implementation Unit (PIU) indicative structure and its relationship with
MCA-Indonesia II and PMC
Annex 7 – Infrastructure Finance Team Structure (ATLAS & FMDP)
Annex 8 – MSME Finance Team Structure
Annex 9 – Roles and Responsibilities of MCA-Indonesia II and PMC
Annex 10 – Program Management Plan (PMP)
Annex 11 – ESMS, SGIP, and Health and Safety Requirements
Annex 12 – Documents to be provided by MCA-Indonesia II

Annex 1 – Program Logic ATLAS PROJECT LOGIC FRAMEWORK

163
Section V - Terms of Reference (ToR)

• FMDP PROJECT LOGIC FRAMEWORK

• MSME FINANCE PROJECT LOGIC FRAMEWORK

Annex 2 – Geographical Location of the Activities

The PMC will be based in Jakarta, but the consultants will be required to travel from time to
time to the following site/location in accordance with the project/activities 15

No Project/Activity Location

1 ATLAS
 Urban Transport Planning: Palembang
1.1 Transport Planning Reform Metropolitan
 Regional Transport Planning: TBD

15 Those travel costs will be reimbursed in accordance with MCA-Indonesia II Travel Policy

164
Section V - Terms of Reference (ToR)

1.2 GPIP
Riau, Riau Islands, South Sumatera, Bali, North
1.3 PIMG
Sulawesi
1.4 PPDF

2 FMDP

2.1 Technical Assistance

National and Subnational (not limited to the 5
2.2 Transactional Advisory
targeted provinces) level.
2.3 BFDM

3 MSMEs

Gender-inclusive Value Chain

3.1
Finance Activity
Digital and Financial Literacy
3.2
Enhancement Activity Riau, Riau Islands, South Sumatera, Bali, North
MSME Capacity Enhancement Sulawesi
3.3
Activity
Augmenting Government Data
3.4
on MSMEs Activity

165
Section V - Terms of Reference (ToR)

166
 Annex 3 – LWA Roles and Responsibilities

The Board of Trustees (MWA);

a. Appointing the trustee for the entrusted funds;
b. Determining the Trust Fund management program;
c. Initiating the withdrawal of grant funds from MCC;
d. Instructing the disbursement of grant funds to the relevant parties;
e. Managing the procurement process of goods and services;
f. Submitting the budget documents for the income and expenditure of the Board of
Trustees for the disbursement of grant funds from MCC for approval;
g. Submitting the budget realization documents for the income and expenditure of the
Board of Trustees for the disbursement of grant funds from MCC for approval;
h. Preparing financial reports for the disbursement of grant funds from MCC;
i. Appointing a fund manager based on appointment according to an agreement or based on
selection;
j. Determining the project design and implementation policies for The Compact;
k. Implementing activities and managing funds as agreed upon in the Compact Agreement;
l. Establishing and modifying the team's structure for implementation;
m. Selecting the executive director through an open and competitive selection process;
n. Appointing the executive director based on the results of an open and competitive
selection process;
o. Developing periodic work plans and budgets for activities;
p. Conducting the procurement process for goods and services and approving procurement
documents in accordance with the provisions of the Compact Agreement;
q. Compiling financial reports for MCA-Indonesia II; and
r. Performing other tasks to carry out The Compact in accordance with the Compact
Agreement.
The Fund Manager (PDA)
a. Managing the administration and finances of grants from MCC in accordance with the
principles of administration and financial management agreed upon in the Compact
Agreement;
b. Reporting on the administration and financial management of the Trust Fund to the
Board of Trustees; and
c. Making payments to the relevant parties.
d. Managing the financial administration of The Compact funds held in the Account in
accordance with the principles of financial administration agreed upon in the Compact
Agreement;
e. Reporting on the financial administration of The Compact funds held in the Account to
the Board of Trustees; and
f. Making payments from the Account based on the authority granted by the Board of
Trustees as specified in the Bank Agreement.

Program Implementation Unit, also known as MCA-Indonesia II

Managing grant funds from MCC to finance activities in accordance with the Compact
Agreement, which includes preparation and development, implementation, and completion
of The Compact.
A. Preparation and development of Compact Program II:
 Preparing activity planning documents, procurement of goods and services, and the
budget for the grant of The Compact.
 Facilitating the Government of Indonesia in negotiating the Compact Agreement.
 Facilitating the Government of Indonesia in signing the Compact Agreement.
 Reporting the results of the preparation and development activities of The Compact
to the Minister and MCC.
B. Implementation of Compact Program II:
 Preparing activity planning documents, procurement of goods and services, and the
budget for The Compact.
 Procuring goods and services funded by The Compact.
 Exercising periodic control and supervision of the implementation of The Compact.
 Reporting program achievements and the utilization of funds for The Compact
every semester.
 Representing the Government of Indonesia in cooperation with ministries/agencies,
local governments, non-governmental organizations, state-owned enterprises,
regional-owned enterprises, and/or private institutions in the implementation of The
Compact.
 Coordinating the implementation and evaluation of The Compact.
 Other functions for the implementation of The Compact in accordance with the
Compact Agreement.
C. Monitoring and evaluation as well as control of Compact Program II:
  Coordinating the monitoring and evaluation of the implementation of The Compact.
 Exercising periodic control over the implementation of The Compact.
D. Closure of Compact Program II:
 Preparing activity planning documents and budgets for the Close Out of The
Compact.
 Coordinating close-out activities for The Compact.
 Preparing post-The Compact activity plans in accordance with the provisions of the
Compact Agreement.
 Transferring assets resulting from the funds of The Compact to ministries/agencies,
local governments, non-governmental organizations, state-owned enterprises,
regional-owned enterprises, and/or private institutions, as regulated in the Compact
Agreement.
 Reporting the results of the implementation of The Compact activities.

Support Unit for Budget User (Satker MWA MCA-Indonesia II)

Assisting in the management of state financial administration related to The Compact.

Annex 4 – LWA Structure

 Annex 5 – MCA-Indonesia II Structure
The structure below of MCA-Indonesia II are agreed by the MWA members, based on the first MWA meeting held at February 14, 2023.
 Annex 6 –Project Implementation Unit (PIU) indicative structure and its relationship with MCA-Indonesia II and PMC

The IEs shown in the structure below are the IEs that have been identified so far according to the existing program design.
Annex 7 – Infrastructure Finance Team Structure (ATLAS & FMDP)
Section V - Terms of Reference (ToR)

Annex 8 – MSME Finance Team Structure

Section V - Terms of Reference (ToR)

 The MWA has approved the MSME team members for the positions of Capacity Building
Lead and OLW Lead. The addition of a third project lead for Data Augmentation will be
proposed to the MWA and is subject to their approval.
 The term "PIU" in Activity 1 is currently referred to as PMU, but this may change.
Section V - Terms of Reference (ToR)

Annex 9 – Roles and Responsibilities of MCA-Indonesia II and PMC

MCA-Indonesia II Project Teams PMC Roles and

Activity Stage
Roles and Responsibilities Responsibilities
i. Responsible for the project planning, i) Support the project
Planning Stage
make decisions on project and planning, provide
(Scope, activity planning and approach recommendations on
Schedule, ii. Sign off and submission of the project and activity
Budget) Quarterly Disbursement Package planning and approach
Request – including all supporting ii) Provide support on
documents. developing and
iii. Approval of Workplan, Procurement oversight the Quarterly
plan and budget allocation & Disbursement Package
reallocation Request – including all
iv. Approval of the following supporting documents.
documents: stakeholder engagement
plan, advocacy strategy to support iii) Provide technical
reform, knowledge management support and
plan, MnE Plan, SGIP, ESMP recommendations on
v. Approval of TOR and RFP Workplan, Procurement
vi. Approval of the Technical plan and budget
Evaluation Report – procurement of allocation &
service providers reallocation
vii. Approval of Project Operation iv) Provide support on
Manuals developing and the
implementation of
stakeholder engagement
plan, advocacy strategy
to support reform,
knowledge management
plan, MnE Plan, SGIP,
ESMP
v) Provide support and
recommendation on
TOR
vi) Provide Support on
developing the Project
Operation Manuals

i. Responsible for the project i. Assisting the MCA-

Implementatio
n implementation, making decisions on Indonesia II Project Team
project and activity objectives and
Section V - Terms of Reference (ToR)

investments in monitoring project

ii. Approval of deliverables (sign off implementation and
acceptance memo)
iii. Approval of regular progress report ensuring the
(ITT or other reporting requirements) accomplishment of project
iv. Lead coordination with the key objectives and safeguards.
stakeholders ii. Recommend to MCA
Indonesia to ensure the
implementation met the
standard, guidelines, and
objectives required.
iii. Report to MCA Indonesia
Project Team
iv. and will not take any
decision without approval
from MCA-Indonesia II.
i. Instruction to release payment ii. Provide Support by
Payment
reviewing and monitoring
the payment process
i. Workplan, procurement plan and iv. Provide support on tracking
Modification
budget allocation
and flagging critical risk on
ii. Modification and termination of
vendors’ contract all the plan
iii. Project Operation Manuals
v. Provide support overseeing
the compliance of the
vendors’ contract
vi. Provide support on the
modification of the Project
Operation Manuals
Section V - Terms of Reference (ToR)

Annex 10 – Program Management Plan (PMP)

The PMP is one of the essential elements in the proposal evaluation process and therefore a
detailed outline of the proposed plan shall be submitted with the proposal. The successful bidder
will be required to elaborate on the PMP and submit a complete version for MCA-Indonesia II
approval.
The requirements for each of these plan components are further described below:
1. Program Management Plan &Administrative Support Services
This task represents the PMC’s core responsibility to develop project-specific Program
Management Plans (PMPs), and to deploy the necessary program management platform/tools
and support services that will help MCA-Indonesia II manage Compactprogram in an efficient,
effective, and integrated manner. The PMC will work closely with MCA-Indonesia II to design a
program management platform and work program that meets the specific needs of Compactand
takes into account the challenges of coordinating several different types of activities across
several different geographic locations to accomplish a common set of programmatic objectives.
The management platform shall also be flexible, robust and scalable to ensure it correctly
responds the evolving needs of ATLAS, FMDP and MSME. The PMP will be reviewed and
approved by MCA-Indonesia II before it is implemented.
The PMP shall reflect a clear programmatic view showing the interface and allocation Compact
resources among various project activities. In addition, the PMP will provide MCA-Indonesia II
and the PMC with the processes, procedures, sequencing and standards necessary to implement
the Projects effectively in accordance with the requirements of the Compact. The purpose of the
PMP is to provide an overall plan of the Program, and to clarify the roles and responsibilities of
MCA-Indonesia II, the PMC, implementing entities, activity consultants, and other key program
participants.
The PMP shall include the following components (either as one comprehensive document or a
series of individual sub-plans):
- Document Management System
- Risk Management Plan
- Communication Plan
- Knowledge Management Plan
- Scope and Change Management Plan
The requirements for each of these plan components are further described below.
Section V - Terms of Reference (ToR)

2. Document Management System

The PMC shall devise, implement and maintain an integrated program, project and activity level
record and document management system to track various contracts under each Project
Activities. This system shall allow project and activity participants, as authorized by MCA-
Indonesia II, to efficiently interact with team members, find organizational resources, manage
content and workflow, and have access to information necessary for taking appropriate actions
and/or decisions. The document management system interface shall allow project participants to
work together efficiently and effectively, collaborate on and publish and index documents,
maintain task lists, implement workflow, and share information. In addition, the system shall
allow for the creation and management of documents, records, and Web content.
As part of the document management system, the PMC shall implement an automated records
management and document control software platform that will enable the classification, storage,
retrieval, and updating of all Project information. This activity shall cover all information and
data requirements of the Projects, which shall include, but not be limited to, the following:
- Correspondence (written and electronic)
- Project development and design documents
- Equity Support, Concession and Financing and Security Agreements
- Feasibility Studies, Engineering Design and Tender Documents
- Contract(s) documents
- Construction phase documents
- Schedule(s) data
- Cost and payment(s) documents
- Health, safety, and environmental compliance documentation
- ESMS, SGIP and Environmental and Social Impact Assessment (ESIA) compliance
documentation, including copies of permits
- TIP management plan and compliance with no tolerance clause
- Minutes of meetings
- Any other related documentation
The document management system should define how these documents will be processed,
including:
- Document control procedures.
Section V - Terms of Reference (ToR)

- Document control system to be established.

- Plan for integrating program information into existing systems of MCA-Indonesia II.
- Preparation of internal and external reporting system to serve the Board of Trustees and
Government of Indonesia needs
- Making documents available for any audit to be conducted by MCA-Indonesia II and/or
MCC, and provide assistance in identifying additional data needs for the audit(s).
3. Risk Management Plan
It is imperative that a continuous risk analysis methodology becomes integrated with the day-to-
day Project management application. The major objective of an integrated risk management
approach shall be:
- Using collaborative mitigation planning for risks;
- Sharpening the program management foresight of potential risk issues;
- Enhancing the identification of resources or technical assistance that would benefit the
risk mitigation planning;
- Facilitating continuous monitoring, analysis and communication of risk issues
The PMC will set up a dynamic program risk management plan that must be integrated and
linked to program, project and activity budget estimates and the master schedule. This plan
should include procedures for monitoring and mitigating risks across the program. The PMC
shall also develop an Activity-specific risk register, and shall develop, define, and document the
categories and subcategories into which potential risk events will be organized. Risk
management forms a programmatic basis needs to accurately consider the risk created. Risks that
emerge at the various levels of project implementation structure, including, but not limited to,
institutional, financial, technology, design, contractual, construction, operational, environmental,
social, legal, etc., risks must be assembled systematically and analyzed with the probability of
occurrences and the appropriate mitigation measures.
One of the key objectives of the aforementioned risk management efforts shall be to measure the
adequacy of the allocated budget for executing the program’s scope of work. The PMC shall
evaluate whether the program’s contingency is sufficient based on the prevailing and projected
program risks. The steps of determining the adequacy of the program budget estimate and
schedule will involve the development of the cost contingency model. The PMC shall develop a
model that is user-friendly in a spreadsheet format and should include separate sections for
budget, events, and scope elements.
Section V - Terms of Reference (ToR)

4. Communication Plan
Effective communication is crucial for the success of Compact. PMC shall develop a well-
structured project communication plan to ensure that all project stakeholders are informed,
engaged, and aligned with project objectives, timelines, and deliverables. The project
communication plan serves as a roadmap for how information will be shared, who will be
responsible for sharing it, and through which channels it will be communicated. It establishes a
framework for effective communication and promotes collaboration among the MCA-Indonesia
II project and outreach teams, including ESP and GSI teams, implementing entities and activity
consultant’s stakeholder engagement teams.
In developing the communication plan, the PMC shall
- Identify and understand MCA-Indonesia II key stakeholders, their roles, and their
communication needs.
- Define the goals and objectives of project communication to ensure they align with
project success criteria.
- Determine the most suitable means of communication for different types of purposes and
stakeholders.
- Establish the right frequency, when and how often communication should occur to keep
stakeholders informed without overwhelming them.
- Develop clear, concise, and relevant guidance to cater to the needs and preferences of
various stakeholders and to assign roles and responsibilities for communication tasks to
ensure accountability and avoid confusion.
- Prepare feedback mechanisms to incorporate feedback loops to encourage two-way
communication, gather insights, and address concerns.
The PMC shall consider the below specific messages to convey in each of the project stages.
- Planning: project vision, goals, and objectives to gain stakeholder buy-in and establish a
solid foundation.
- Execution: progress, milestones, and any changes to the project plan. keep stakeholders
informed about change requests, their status, and outcomes, ensuring their involvement
and buy-in.
- Monitoring and Control: timely updates on project risks, issues, and mitigation strategies
to maintain transparency and manage expectations.
- Closing: project successes, share lessons learned, and discuss opportunities for
improvement in future projects.
Section V - Terms of Reference (ToR)

5. Knowledge Management Plan

Knowledge management comprehends the strategies and systematic processes an organization
uses to create, capture, organize, store, and distribute knowledge. It involves identifying,
accessing, and utilizing both explicit, such as documents and databases, and tacit, such as
expertise and experiences, knowledge within an organization. Developing a robust knowledge
management plan is essential to maximize intellectual capital and to preserve knowledge
collected during the Compactimplementation. Therefore MCA-Indonesia II values this
knowledge management concept as one of the important aspects of the Project Management
Plan. A well-structured knowledge management plan enables MCA-Indonesia II to capture,
organize, share, and utilize knowledge and intellectual capital collected to enhance performance,
foster innovation, and gain a competitive edge.
During the development of the Knowledge Management Plan, PMC shall
- Identify types of knowledge critical to the success of the project under Compact, such
as expertise, best practices, stakeholder insights, and lessons learned from the project
execution.
- Establish processes and systems to capture knowledge from various projects and
activities along with their actors.
- Develop the taxonomy and categorization of the system to structure and organize
knowledge assets for easy retrieval and reuse.
- Implement mechanisms and platforms to enable seamless sharing, collaboration, and
communication among the MCA-Indonesia II teams as well as stakeholders to foster
knowledge transfer and learning.
- Utilize appropriate technologies and tools to store knowledge assets securely and
facilitate easy retrieval and access.
- Ensure the sustainability of MCA-Indonesia II knowledge, even in the face of team
member turnover or technological changes.
- Establish metrics and methods to assess the effectiveness of knowledge management
efforts, such as the impact on decision-making, problem-solving, and innovation.
The PMC shall also include the following aspects in the knowledge management plan,
- Encouraging the high-level official within the MCA-Indonesia II to champion
knowledge sharing, allocate resources, and lead by example.
- Training programs and initiatives to develop employees' knowledge sharing and
collaboration skills.
Section V - Terms of Reference (ToR)

- Recognizing and rewarding individuals and teams that actively contribute to

knowledge sharing and learning.
- Implementing digital platforms that facilitate easy and seamless sharing of knowledge.
- Establishing communities of practice where stakeholders with similar interests or
expertise can connect, share insights, and collaborate on projects.
- Establishing quality control measures to ensure the accuracy, relevance, and currency
of knowledge assets, such as periodic reviews, peer validation, and expert input.
6. Scope and Change Management Plan
Scope and change management are critical components to ensure Compact program, projects and
activities stay on track, deliver the intended results, and adapt to evolving circumstances. A well-
defined scope management plan establishes the boundaries of projects and activities, while an
effective change management plan allows for controlled modifications when necessary.
Scope management involves defining, documenting, and controlling what is included (and what
is not) in a project. It ensures that project objectives, deliverables, tasks, and timelines are clearly
defined and aligned with stakeholder expectations. While change management is the process of
proactively managing changes to project scope, objectives, deliverables, or other project
elements. It ensures that changes are controlled, communicated, and implemented in a structured
manner to minimize disruption and maintain project success. Key elements of change
management include:
The PMC shall develop and set up the necessary procedures and tracking systems to help
identify and analyze the impacts of potential changes to the Project’s implementation strategy in
advance of their occurrence. In the development and setting up and managing scope and
management plan, PMC shall, but not limited to,
- Conduct thorough requirements gathering activities, such as interviews, workshops, and
document analysis, to capture and document project requirements.
- Collaboratively establish project goals, deliverables, and boundaries with stakeholders
to ensure a shared understanding of the project's scope.
- Clearly define the project's objectives, deliverables, constraints, assumptions, and
exclusions, thereby setting the foundation for project execution and control.
- Regularly review and obtain formal acceptance from stakeholders regarding the
completeness and accuracy of project deliverables.
- Monitor and manage changes to project scope, assessing their impact on project
objectives, and ensuring appropriate control mechanisms are in place.
Section V - Terms of Reference (ToR)

- Establish a process for managing scope changes, including a formal change request
process, impact assessment, approval workflow, and documentation.
- Evaluate the potential impact of proposed changes on project objectives, deliverables,
timelines, resources, and risks.
- Establish protocols for implementing approved changes, including resource allocation,
task sequencing, and quality assurance measures.
- Assess the effectiveness and outcomes of implemented changes, gathering feedback
from stakeholders and analyzing their impact on project success.
- Foster open and transparent communication with stakeholders, involving them in scope
and change management decisions and addressing their concerns.
Section V - Terms of Reference (ToR)

Annex 11 – MCC Environmental Guidelines, SGIP, and Health and Safety Requirements

 Social and Gender Integration Plan

Overall, the SGIP encompasses social and gender-based barriers and risks across sectors that
require reduction and mitigation, and it identifies opportunities to enhance benefits for women
and marginalized groups. Therefore, the SGIP contents will comprehensively describe GSI
objectives, activities, outputs, indicators, responsibilities, and timelines. The GSI will be divided
into two parts: Compact-level and project-level. The Compact-level will concentrate on
addressing high-level, overarching, and managerial matters, while Project-level SGIPs will focus
on detailed strategies specific to each project. All Compact-level and project-level SGIPs will be
established on the basis of GSI analysis and initial SGIP development.
Specifically, the SGIP content should include, at a minimum, the following components:

1. Advancing Transport and Logistics Accessibility Services Project

 Conduct a thorough assessment to identify potential gender and social inclusion (GSI)
risks that could arise within the context of infrastructure developments in the five
specified target areas. This assessment should encompass areas such as GBV, risks
associated with TIP, potential exclusion of women from decision-making processes, and
others. Additionally, develop effective mitigation strategies that can effectively address
these identified risks.
 Identify efforts to address key GSI institutional capacity challenges and opportunities for
various potential project partners involved in the infrastructure developments.
 Develop strategies to tailor gender-responsive and child-friendly workspace pilot projects
that support the implementation of MoWECP Regulation No. 5 of 2015. This includes
shared workspaces, one-stop services, and childcare centers within spaces rehabilitated or
constructed under Good Practice projects
 Devise strategies to enhance opportunities for female skilled labor and economic
participation, with a particular focus on reaching female STEM students

2. Access to Finance for Women-Owned/Micro-, Small, and Medium Enterprises

Project
a. Business Formalization
 Approach in providing technical assistance for W/MSMEs to register their Residential
Identity Number (Nomor Induk Kependudukan/NIK) as a Tax Identification number
(hereinafter referred to as “Tax ID”) and to acquire Business Identification Number
 Strategy aimed at increasing the rate of compliance among W/MSMEs in both tax
registration and payment
Section V - Terms of Reference (ToR)

 Methods of delivering facilitations for W/MSMEs to obtain additional certifications, such

as intellectual property rights, food safety, climate-smart certifications and other required
regulatory compliance.

b. Business Development Training

 Framework with established start-ups, incubators, accelerators, and buyers to provide
targeted business development services (BDS) to WMSMEs
 Identify GSI specific constraints among start-ups, incubators, and accelerators that may
hinder the participation of women entrepreneurs

c. Transport Project-related MSME Capacity Building

 The appropriate framework for establishing a unified market system that promotes
interaction, knowledge exchange, and resource utilization while offering cashless
solutions and essential equipment will be tailored to the specific needs and characteristics
of the target province
 Specific GSI risks that WMSMEs may encounter within the unified market system might
perpetuate gender gaps and hinder WMSMEs in accessing the full benefits of such a
system

3. Financial Market Development Project

 Methods to address the key institutional capacity challenges related to GSI and WEE that
the BFDM Host will that will use and be set out in the BFDM Operations Manual to
implement the BFDM Activity.
 Strategies to improve the existing GSI and WEE policies of the BFDM Host to ensure
compliance with the MCC Gender Policy and the Government of Indonesia’s mandates
on gender when implementing the BFDM Activity, and which will be set out in the
BFDM Operations Manual.

4. References

MCC Environmental Guidelines can be found at the following link:

[Link]

The Occupational Health and Safety Guidelines MCC uses can be found at the following link:

[Link]
[Link]
Section V - Terms of Reference (ToR)

Annex 12 – Documents to be provided by MCA-Indonesia II

MCA-Indonesia II will provide the following information and support to the Consultant:
• Relevant studies, designs, bid documents, maps, data, and other documents (unless
prohibited by Non-Disclosure Agreement (NDA) related to the Project;
• Introduction letters to facilitate the access of the PMC’s staff to relevant stakeholder and
government organizations, authorities and agencies whose activities and roles are relevant to
the PMC’s assignment;
• Introduction letters to study, design and consultants engaged by MCA- Indonesia to
implement the relevant projects;
• Facilitation of the delivery of relevant studies, designs, specifications, bid documents,
reports, and other documents (unless prohibited by NDA) submitted by other consultants,
and contractors to MCA- Indonesia in order for the PMC’s staff to carry out their duties in
support of MCA- Indonesia;
• Letter to facilitate entry and exit visas for the CP’s expatriate staff and accompanying
dependents;
• Letter to facilitate any permit required for the CP’s staff to carry out their duties within
Indonesia;
• Letter to facilitate import and export of the PMC’s equipment necessary for the provision of
the consultancy services; and,
• Letter to facilitate Tax reimbursement process for applicable purpose.
 PART 2:
CONTRACT DOCUMENTS
Section VIII - Contract Forms and Annexes

SECTION VI - GENERAL CONDITIONS OF CONTRACT

Table of Contents
1. Definitions..........................................................................................................................................186
2. Interpretation and General Matters.....................................................................................................187
3. Language and Law..............................................................................................................................189
4. Communications.................................................................................................................................189
5. Subcontracting....................................................................................................................................189
6. Relationship Between the Parties.......................................................................................................190
7. Location..............................................................................................................................................190
8. Authority of Member in Charge.........................................................................................................190
9. Authorized Representatives................................................................................................................190
10. Description and Approval of Personnel; Adjustments; Approval of Additional Work.......................190
11. Working Hours, Overtime, Leave, etc................................................................................................191
12. Removal and/or Replacement of Personnel........................................................................................193
13. Settlement of Disputes........................................................................................................................193
14. Commissions and Fees........................................................................................................................194
15. Entire Agreement................................................................................................................................194
16. Commencement, Completion and Modification of Contract..............................................................194
17. Payments to the Consultant.................................................................................................................195
18. Taxes and Duties.................................................................................................................................196
19. Suspension..........................................................................................................................................197
20. Termination.........................................................................................................................................198
21. Payment Upon Termination................................................................................................................201
22. Force Majeure.....................................................................................................................................202
23. Required Provisions; Flow Through Provisions.................................................................................203
24. Fraud and Corruption Requirements...................................................................................................204
25. Combatting Trafficking in Persons.....................................................................................................207
26. Gender and Social Inclusion...............................................................................................................209
27. Prohibition of Harmful Child Labor...................................................................................................209
28. Prohibition of Sexual Harassment......................................................................................................210
29. Non-Discrimination and Equal Opportunity.......................................................................................210
30. Grievance Mechanism for Consultant and Subcontractor Personnel.................................................211
31. Standard of Performance....................................................................................................................211
32. Conflict of Interests............................................................................................................................212
Section VIII - Contract Forms and Annexes

33. Confidential Information; Rights of Use............................................................................................212

34. Documents Prepared by the Consultant to be the Property of the MCA Entity.................................213
35. Liability of the Consultant..................................................................................................................214
36. Insurance to be taken out by the Consultant.......................................................................................214
37. Accounting, Inspection and Auditing.................................................................................................214
38. Consultant’s Actions Requiring the MCA Entity’s Prior Approval....................................................214
39. Obligations with Respect to Subcontracts..........................................................................................215
40. Use of Funds.......................................................................................................................................215
41. Equipment, Vehicles and Materials Furnished by the MCA Entity....................................................215
42. Equipment and Materials Provided by the Consultant.......................................................................216
43. Assistance and Exemptions................................................................................................................216
44. Access to Land....................................................................................................................................216
45. Change in the Applicable Law Related to Taxes and Duties..............................................................217
46. Services, Facilities and Property of the MCA Entity..........................................................................217
47. Payment..............................................................................................................................................217
48. Counterpart Personnel.........................................................................................................................217
49. Good Faith..........................................................................................................................................218
50. Operation of the Contract...................................................................................................................218
51. Contractor Past Performance System.................................................................................................218
Section VIII - Contract Forms and Annexes

General Conditions of Contract

1. Definitions 2. Capitalized terms used in this Contract and not otherwise
defined have the meanings given such terms in the CDF
Agreement, Compact or related document. Unless the
context otherwise requires, the following terms whenever
used in this Contract have the following meanings:
(a) “Applicable Law” has the meaning given the term in the
SCC.
(llll) “Associate” means any entity that is a member of the
Association that forms the Consultant. A Sub-Consultant
is not an Associate.
(mmmm) “Association” or “association” or “Joint Venture” or
“joint venture” means an association of entities that
forms the Consultant, with or without a legal status
distinct from that of its members.
(nnnn) “Compact” has the meaning given the term in the
recital clauses to the Contract Agreement.
(oooo) “Compact Development Funding Agreement” or
“CDF Agreement” has the meaning given the term in the
recital clauses to the Contract Agreement.
(pppp) “Consultant” has the meaning given the term in the
initial paragraph of the Contract Agreement.
(qqqq) “Contract” means this agreement entered into
between the MCA Entity and the Consultant, to provide
the Services, and consists of the Contract Agreement,
these GCC, the SCC, and the Annexes (each of which
forms an integral part of this agreement), as the same
may be amended, modified, or supplemented from time
to time in accordance with the terms of this agreement.
(rrrr) “Contract Price” means the price to be paid for the
performance of the Services, in accordance with GCC
Sub-clause 17.1.
(ssss)“Effective Date” has the meaning given the term in GCC
Clause 16.2.
(tttt) "Force Majeure" has the meaning given the term in GCC
Clause 22.1.
(uuuu) “GCC” means these General Conditions of
Contract.
(vvvv) “Government” has the meaning given the term in
the recital clauses to the Contract Agreement.
Section VIII - Contract Forms and Annexes

(wwww) “Key Professional Personnel” means the Personnel

listed in Annex D to this Contract.
(xxxx) “Local Currency” has the meaning given the term
in the SCC.
(yyyy) “MCA Country” has the meaning given the term in
the SCC.
(zzzz) “MCA Entity” or “Client” has the meaning given
the term in the initial paragraph of the Contract
Agreement.
(aaaaa) “MCC” has the meaning given the term in the
recital clauses to this Contract.
(bbbbb) “MCC Funding” means the funding MCC has made
available to the Government pursuant to the terms of the
CDF and Compact Agreement.
(ccccc) “MCC Program Procurement Guidelines” means
the Millennium Challenge Corporation Program
Procurement Guidelines posted on the MCC Website, as
may be amended from time to time.
(ddddd) “Member” means any of the entities that make up a
joint venture or other association; and “Members” means
all these entities.
(eeeee) “Party” means the MCA Entity or the Consultant, as
the case may be, and “Parties” means both of them.
(fffff) “Personnel” means persons hired by the Consultant
or by any Sub-Consultants and assigned to perform the
Services or any part thereof.
(ggggg) “SCC” means the Special Conditions of Contract by
which the GCC may be amended or supplemented.
(hhhhh) “Services” means the activities to be performed by
the Consultant pursuant to this Contract, as described in
Annex A to this Contract.
(iiiii) “Sub-Consultant” means any person or entity to
whom/which the Consultant subcontracts any part of the
Services.
(jjjjj) “Tax” and “Taxes” have the meanings given the
terms in the Compact or related agreements.
(kkkkk) “Trafficking in Persons” has the meaning given at
GCC Clause 25.
(lllll) “US Dollars” means the currency of the United
States of America.
Section VIII - Contract Forms and Annexes

3. Interpretation 4. In interpreting this Contract, unless otherwise indicated:

and General Matters
(i) “confirmation” means confirmation in writing;
(ii) “in writing” means communicated in written form (e.g.,
by mail, e-mail, or facsimile) delivered with proof of
receipt;
(iii) except where the context requires otherwise, words
indicating the singular also include the plural and words
indicating the plural also include the singular;
(iv) the feminine means the masculine and vice versa; and
(v) the headings are for reference only and shall not limit,
alter or affect the meaning of this Contract.

Waivers, Forbearance, 5. The following shall apply with respect to any waivers,
Etc. forbearance or similar actions taken under this Contract
(a) Any waiver of a Party’s or MCC’s rights, powers, or
remedies under this Contract must be in writing, dated,
and signed by an authorized representative of the Party
(or MCC) granting such waiver, and must specify the
terms under which the waiver is being granted.
(mmmmm) No relaxation, forbearance, delay, or
indulgence by either Party or MCC, as the case may be,
in enforcing any of the terms and conditions of this
Contract or the granting of time by either Party or MCC
to the other shall prejudice, affect, or restrict the rights of
that Party or MCC under this Contract, neither shall any
waiver by either Party or MCC of any breach of Contract
operate as waiver of any subsequent or continuing breach
of Contract.
Severability 6. If any provision or condition of this Contract is prohibited
or rendered invalid or unenforceable, such prohibition,
invalidity or unenforceability shall not affect the validity
or enforceability of any other provisions and conditions of
this Contract
Documents Making Up 7. The following documents are deemed to form an integral
This Contract part of this Contract and shall be interpreted in the
following order of priority:
(a) the Agreement consisting of the initial paragraphs,
recitals and other clauses set forth immediately prior
to the GCC and including the signatures of the MCA
Entity and the Consultant;
(nnnnn) the SCC and Annex B to this Contract;
(ooooo) the GCC;
Section VIII - Contract Forms and Annexes

(ppppp) the Notification of Award;

(qqqqq) Annex A: Description of Services;
(rrrrr) any other Annex to this Contract;
(sssss) the Consultant’s Proposal; and
(ttttt) any other document listed in the SCC as
forming part of this Contract.
8. Neither party shall assign the whole or any part of the
Assignment
Contract, or any benefit or interest in or under the
Contract, without the consent of the other party; provided
that, the MCA Entity may assign the whole or any part of
the Contract, or any benefit or interest in or under the
Contract, to another person or entity of the Government
(or another entity designated by the Government) without
the consent of the Consultant. The MCA Entity shall use
commercially reasonable efforts to notify the Consultant as
soon as reasonably practicable of any such assignment.
Any attempted assignment that does not comply with the
terms of this GCC Sub-clause 2.5 shall be null and void.
9. Language and 10. This Contract has been executed in language(s) specified
Law in the SCC. If the Contract is executed in both English
and a specified local language, the English language
version shall be the binding and controlling language for
all matters relating to the meaning or interpretation of this
Contract.
11. This Contract, its meaning and interpretation, and the
relation between the Parties shall be governed by the
Applicable Law.
12. Communications 13. Any notice, request or consent required or permitted to be
given or made pursuant to this Contract shall be in writing.
Subject to Applicable Law, any such notice, request or
consent shall be deemed to have been given or made when
delivered in person to an authorized representative of the
Party to whom the communication is addressed, or when
delivered to such Party at the address specified in the
SCC, or sent by confirmed facsimile or confirmed email,
in either case if sent during normal business hours of the
recipient Party.
14. A Party may change its name or address for receiving
notice under this Contract by giving the other Party notice
in writing of such change to the address specified in SCC
4.1.
15. Subcontracting 16. If the Consultant intends to subcontract for a major item of
its contracted Services (deemed major if valued in excess
of $100,000 USD) it shall seek the MCA Entity’s prior
Section VIII - Contract Forms and Annexes

written approval of the subcontractor. Subcontracting shall

not alter the Consultant’s obligations under this Contract.
17. Relationship 18. Nothing contained in this Contract shall be construed as
Between the Parties establishing a relationship of master and servant or of
principal and agent as between the MCA Entity and the
Consultant. The Consultant, subject to this Contract, has
complete charge of Personnel and Sub-Consultants, if any,
performing the Services and shall be fully responsible for
the Services performed by them or on their behalf in
connection with this Contract.
19. Location 20. The Services shall be performed at such locations as are
specified in Annex A to this Contract and, where the
location of a particular task is not so specified, at such
locations, whether in the MCA Country or elsewhere, as
the MCA Entity may approve.
21. Authority of 22. In case the Consultant consists of a joint venture or other
Member in Charge association of more than one entity, the Members hereby
authorize the entity specified in the SCC to act on their
behalf in exercising all the Consultant’s rights and
obligations toward the MCA Entity under this Contract,
including without limitation the receiving of instructions
and payments from the MCA Entity.
23. Authorized 24. Any action required or permitted to be taken, and any
Representatives document required or permitted to be executed under this
Contract by the MCA Entity or the Consultant may be
taken or executed by the officials specified in the SCC.
25. Description and 26. The title, agreed job description, minimum qualification
Approval of and estimated period of engagement in the carrying out of
Personnel; the Services of each of the Consultant’s Key Professional
Adjustments; Personnel are described in Annex D. The Key Professional
Approval of Additional Personnel and Sub-Consultants listed by title as well as by
Work name in Annex D are hereby approved by the MCA Entity.
27. GCC Sub-clause 38.1 shall apply in respect of other
Personnel and Sub-Consultants which the Consultant
proposes to use in the carrying out of the Services, and the
Consultant shall submit to the MCA Entity for review and
approval a copy of their Curricula Vitae (CVs).
28. Adjustments with respect to the estimated periods of
engagement of Key Professional Personnel set forth in
Annex D may be made by the Consultant without the prior
approval of the MCA Entity only if (a) such adjustments
shall not alter the originally estimated period of
engagement of any individual by more than ten percent
(10%) or one week, whichever is larger and (b) the
aggregate of such adjustments shall not cause payments
under this Contract to exceed the Contract Price. If so
Section VIII - Contract Forms and Annexes

indicated in the SCC, the Consultant shall provide

written notice to the MCA Entity of any such adjustments.
Any other adjustments shall only be made with the MCA
Entity’s prior written approval.
29. If additional work is required beyond the scope of the
Services specified in Annex A, the estimated periods of
engagement of Key Professional Personnel set forth in
Annex D may be increased by agreement in writing
between the MCA Entity and the Consultant. In a case in
which such additional work would result in payments
under this Contract exceeding the Contract Price, such
additional work and payments will be explicitly described
in the agreement and shall be subject in all respects to the
provisions of GCC Sub-clauses 16.4, 16.5 and 17.4.
30. If required by the SCC, the Consultant shall ensure that
Resident Project
at all times during the Consultant’s performance of the
Manager
Services in the MCA Country a resident project manager,
acceptable to the MCA Entity, shall take charge of the
performance of such Services.
31. Working Hours, 32. The Consultant shall provide all personnel with
Overtime, Leave, etc. documented information that is clear and understandable,
regarding their rights under national labor and employment
law and any applicable collective agreements, including
their rights related to hours of work, wages, overtime,
compensation, and benefits upon beginning the working
relationship and when any material changes occur.
33. Working hours and holidays for Key Professional
Personnel are set forth in Annex D. To account for travel
time, foreign Personnel carrying out Services inside the
MCA Country shall be deemed to have commenced, or
finished work in respect of the Services such number of
days before their arrival in, or after their departure from
the MCA Country as is specified in Annex D.
34. The Consultant and Personnel shall not be entitled to
reimbursement for overtime nor to take paid sick leave or
vacation leave except as specified in Annex D, and except
as specified in Annex D, the Consultant’s remuneration
shall be deemed to cover these items. All leave to be
allowed to the Personnel is included in the staff-months of
service set forth in Annex D. Any taking of leave by
Personnel shall be subject to the prior approval by the
Consultant who shall ensure that absence for leave
purposes will not delay the progress and adequate
supervision of the Services.
35. The Consultant shall adopt and implement human
Engagement of Staff
resources policies and procedures appropriate to its size
and Labor
Section VIII - Contract Forms and Annexes

and workforce that set out its approach to managing the

Personnel. At a minimum, the Consultant shall provide all
Personnel with documented information that is clear and
understandable regarding their rights under all the
Applicable Laws regarding labor and any applicable
collective agreements, including their rights related to their
employment, health, safety, welfare, immigration and
emigration upon beginning the working relationship and
when any material changes occur.
36. The Consultant shall adopt recruitment, hiring and
retention practices that support the employment of women
and staff from diverse backgrounds.
37. The Consultant shall ensure that the employment terms
and conditions of migrant workers are not influenced by
their migrant status.
38. The Consultant shall be responsible for monitoring
compliance of Sub-consultants to the labor and working
conditions outlined in the IFC Performance Standards in
force from time to time.
Facilities for Staff and 39. Where accommodation or welfare facilities are provided to
Labor Personnel, the Consultant shall put in place and implement
policies on the quality and management of such
accommodation and the provision of such welfare facilities
(including as regards minimum space, supply of water,
adequate sewage and garbage disposal systems,
appropriate protection against heat, cold, damp, noise, fire
and disease carrying animals, adequate sanitary and
washing facilities, separate breastfeeding/pumping
facilities, ventilation, cooking and storage facilities and
natural and artificial lighting, and all reasonable
precautions to maintain the health and safety of the
Personnel). The accommodation and welfare facilities
shall be provided in a manner consistent with the
principles of non-discrimination and equal opportunity.
Accommodation arrangements shall not restrict freedom of
movement or of association, save that separate facilities
should be provided for men and women. Sanitary and
washing facilities should be provided in a manner that
allows individuals’ privacy and safety. Additional
summary guidance may be found here:
[Link]
accommodation-welfare-staff-and-labor
40. Removal and/or 41. Except as the MCA Entity may otherwise agree, no
Replacement of changes shall be made in the Key Professional Personnel.
Personnel If, for any reason beyond the reasonable control of the
Consultant, such as retirement, death, medical incapacity,
Section VIII - Contract Forms and Annexes

among others, it becomes necessary to replace any of the

Key Professional Personnel, the Consultant shall, subject
to GCC Sub-clause 38.1(a), provide as a replacement a
person of equivalent or better qualifications.
42. If the MCA Entity (a) finds that any of the Personnel has
committed serious misconduct or has been charged with
having committed a criminal action, or (b) has reasonable
cause to be dissatisfied with the performance of any of the
Personnel, then the Consultant shall, at the MCA Entity’s
written request specifying the grounds therefore and
subject to GCC Sub-clause 38.1(a), provide as a
replacement a person with qualifications and experience
acceptable to the MCA Entity.
43. The Consultant shall have no claim for additional costs
arising out of or incidental to any removal and/or
replacement of Personnel.
44. The Consultant shall provide a grievance mechanism for
personnel to raise workplace concerns. The Consultant
shall inform the workers of the grievance mechanism at
the time of recruitment and make it easily accessible to
them. The mechanism should involve an appropriate level
of management and address concerns promptly, using an
understandable and transparent process that provides
timely feedback to those concerned, without any
retribution. The mechanism should also allow for
anonymous complaints to be raised and addressed. The
mechanism should not impede access to other judicial or
administrative remedies that might be available under the
law or through existing arbitration procedures, or
substitute for grievance mechanisms provided through
collective agreements.
45. Settlement of
Disputes
46. The Parties agree that the avoidance or early resolution of
Amicable Settlement
disputes is crucial for a smooth execution of this Contract
and the success of the assignment. The Parties shall use
their best efforts to settle amicably all disputes arising out
of or in connection with this Contract or its interpretation.
47. Any dispute between the Parties as to matters arising
Dispute Resolution
pursuant to this Contract that cannot be settled amicably
within thirty (30) days after the receipt by one Party of the
other Party’s request for such amicable settlement may be
submitted by either Party for settlement in accordance with
the provisions specified in the SCC.
Section VIII - Contract Forms and Annexes

48. Commissions 49. The Consultant shall disclose any commissions or fees that
and Fees may have been paid or are to be paid to agents,
representatives, or commission agents with respect to the
selection process or execution and performance of this
Contract. The information disclosed must include at least
the name and address of the agent, representative, or
commission agent, the amount and currency, and the
purpose of the commission or fee.
50. Entire 51. This Contract contains all of the covenants, stipulations
Agreement and provisions agreed to by the Parties. No agent or
representative of either Party has the authority to make,
and the Parties shall not be bound by or be liable for, any
statement, representation, promise or agreement not set
forth in this Contract.
52. Commencement,
Completion and
Modification of
Contract
53. This Contract shall come into full force and be legally
Contract Entry into
binding on the Parties in all respects, on the date this
Force
Contract is signed by the Parties or such other date as may
be stated in the SCC.
54. The Consultant shall commence the Services on the date
Effective Date and
specified in the SCC, which shall be defined as the
Commencement of
“Effective Date.”
Services
55. Unless terminated earlier pursuant to GCC Clause 20, this
Expiration of Contract
Contract shall expire at the end of such time period after
the Effective Date as specified in the SCC.
56. Any modification or variation of the terms and conditions
Modifications or
of this Contract, including any modification or variation of
Variations
the scope of the Services, may only be made by written
agreement between the Parties. Pursuant to GCC Sub-
clause 50.1, however, each Party shall give due
consideration to any proposals for modification or
variation made by the other Party.
Substantial 57. In cases of any of the below, the prior written consent of
Modification MCC is required:
(a) the Contract value of a Contract that did not require
approval under an MCC policy is raised to a value
that would require approval
(uuuuu) the original Contract duration is extended by
25% or more, or
(vvvvv) the original value of the Contract is
increased by ten percent (10%) or 1 million US
Section VIII - Contract Forms and Annexes

Dollars or more (whichever may apply); once the

10% Contract (or 1 million US Dollars) threshold for
modifications or change orders has been reached for
a Contract, any subsequent Contract modification or
change order that individually or collectively exceed
3% of the original Contract value will also require
MCC approval.
58. Payments to the
Consultant
59. Except as provided in GCC Sub-clause 17.5, the total
Contract Price
payment due to the Consultant shall not exceed the
Contract Price set forth in the SCC (as may be adjusted
in accordance with the terms of the SCC). The Contract
Price is an all-inclusive fixed-price covering all costs
required to provide the Services in accordance with the
terms of this Contract. The Contract Price may only be
increased above the amounts stated in the SCC
(including, without limitation, pursuant to the terms of
GCC Sub-clauses 10.4, 46.2 and 48.2) if the Parties have
agreed to additional payments in accordance with GCC
Sub-clauses 16.4, 16.5 and 17.4.
60. Payments shall be made in US Dollars, or the Local
Currency of Payment
Currency, or, if justified for sound business reasons and
approved by the MCA Entity, a combination of the two
currencies.
61. Payments will be made to the account of the Consultant
Terms, Conditions and
and according to the payment schedule stated in SCC
Mode of Billing and
17.1 and against an invoice. Any other payment shall be
Payment
made after the conditions listed in the SCC for such
payment have been met, and the Consultant has submitted
an invoice to the MCA Entity specifying the amount. In all
cases, invoices shall be delivered to the MCA Entity no
later than thirty (30) days prior to the requested payment
date and will not be deemed delivered until they are in
form and substance satisfactory to the MCA Entity.
Payments will be made to the Consultant within thirty (30)
days of the date of receipt by the MCA Entity of a valid
and proper invoice or the date of the MCA Entity’s
acceptance of required deliverables (e.g., the delivery of
reports), whichever is later. The Consultant shall comply
with any other instructions related to payment as may be
reasonably requested by the MCA Entity.
62. For the purposes of determining the remuneration due for
Payment for Additional
additional Services as may be granted under GCC Sub-
Services
clause 16.4, a breakdown of the Contract Price is provided
in Annexes E and F.
Section VIII - Contract Forms and Annexes

63. If the MCA Entity has delayed payments beyond thirty

Interest on Delayed
(30) days after the payment date determined in accordance
Payments
with GCC Sub-clause 17.3, interest shall be paid to the
Consultant for each day of delay at the rate stated in the
SCC.
64. Taxes and Duties (a) Except as may be exempted pursuant to Section 4.2(k)
of the CDF Agreement or Section 2.8 of the Compact,
when, signed, the Consultant, the Sub-Consultants, and
their respective Personnel may be subject to certain
Taxes on amounts payable by the MCA Entity under
this Contract in accordance with Applicable Law (now
or hereinafter in effect). The Consultant, each Sub-
Consultant and their respective Personnel shall pay all
Taxes levied under Applicable Law. In no event shall
the MCA Entity be responsible for the payment or
reimbursement of any Taxes. In the event that any
Taxes are imposed on the Consultant, any Sub-
Consultant or their respective Personnel, the Contract
Price shall not be adjusted to account for such Taxes.
(wwwww) The Consultant, the Sub-Consultants and their
respective Personnel, and their eligible dependents, shall
follow the usual customs procedures of the MCA Country
in importing property into the MCA Country.
(xxxxx) If the Consultant, the Sub-Consultants or any of
their respective Personnel, or their eligible dependents, do
not withdraw, but dispose of any property in the MCA
Country upon which customs duties or other Taxes have
been exempted, the Consultant, the Sub-Consultants or
such Personnel, as the case may be, (i) shall bear such
customs duties and other Taxes in conformity with
Applicable Law, or (ii) shall reimburse such customs
duties and Taxes to the MCA Entity if such customs duties
and Taxes were paid by the MCA Entity at the time the
property in question was brought into the MCA Country.
(yyyyy) Without prejudice to the rights of the Consultant
under this clause, the Consultant, the Sub-Consultants and
their respective Personnel will take reasonable steps as
requested by the MCA Entity or the Government with
respect to the determination of the Tax status described in
this GCC Clause 18.
(zzzzz) If the Consultant is required to pay Taxes that are
exempt under the CDF Agreement, the Compact, or a
related agreement, the Consultant shall promptly notify the
MCA Entity (or such agent or representative designated by
Section VIII - Contract Forms and Annexes

the MCA Entity) of any Taxes paid, and the Consultant

shall cooperate with, and take such actions as may be
requested by the MCA Entity, MCC, or either of their
agents or representatives, in seeking the prompt and proper
reimbursement of such Taxes.
(aaaaaa) The MCA Entity shall use reasonable efforts to
ensure that the Government provides the Consultant, the
Sub-Consultants, and their respective Personnel the
exemptions from taxation applicable to such persons or
entities, in accordance with the terms of the CDF
Agreement, the Compact, or related agreements. If the
MCA Entity fails to comply with its obligations under this
paragraph, the Consultant shall have the right to terminate
this Contract in accordance with GCC Sub-clause 20.2(d).
65. Suspension 66. The MCA Entity may, by giving thirty (30) days’ written
notice to the Consultant, suspend all payments to the
Consultant under this Contract if the Consultant fails to
perform any of its obligations under this Contract, including
the carrying out of the Services, provided that such notice of
suspension (a) shall specify the nature of the failure, and (b)
shall request the Consultant to remedy such failure within a
period not exceeding thirty (30) days after receipt by the
Consultant of such notice of suspension.
67. Termination
By the MCA Entity 68. Without prejudice to any other remedies that may be
available to it for breach of this Contract, the MCA Entity
may, upon written notice to the Consultant, terminate this
Contract in case of the occurrence of any of the events
specified in sub-paragraphs (a) through (i) of this GCC Sub-
clause 20.1, and in the case of the occurrence of any of
the events specified in paragraphs (h) or (i) of this GCC
Sub-clause 20.1, the MCA Entity may suspend this
Contract.
(a) If the Consultant, in the judgment of the MCA
Entity or MCC, fails to perform its obligations
relating to the use of funds set out in Annex B.
Termination under this provision shall (i) become
effective immediately upon delivery of the notice
of termination and (ii) require that the Consultant
repay any and all funds so misused within a
maximum of thirty (30) days after termination.
(bbbbbb) If the Consultant does not remedy a failure
in the performance of its obligations under this
Section VIII - Contract Forms and Annexes

Contract (other than failure to perform obligations

relating to use of funds as set forth in GCC Sub-
clause 20.1(a) of this Contract, which such failure
shall not be entitled to a cure period) within thirty
(30) days after delivery of the notice of termination
or within any further period of time approved in
writing by the MCA Entity. Termination under this
provision shall become effective immediately upon
the expiration of the thirty (30) days (or such
further period as may have been approved by the
MCA Entity) or on such later date as may be
specified by the MCA Entity.
(cccccc) If the Consultant (or any Member or Sub-
Consultant) becomes insolvent or bankrupt, and/or
fails to exist or is dissolved. Termination under this
provision shall become effective immediately upon
delivery of the notice of termination or on such
other date as may be specified by the MCA Entity
in such notice of termination.
(dddddd) If the Consultant (or any Member or Sub-
Consultant), in the judgment of the MCA Entity
has engaged in coercion, collusion, corruption,
fraud, obstruction of investigation into allegations
of fraud or corruption or prohibited practices in
competing for or in the performance of this
Contract or another MCC funded contract.
Termination under this provision shall become
effective immediately upon delivery of the notice
of termination.
(eeeeee) If, as the result of an event of Force
Majeure, the Consultant is unable to perform a
material portion of the Services for a period of not
less than sixty (60) days. Termination under this
provision shall become effective upon the
expiration of thirty (30) days after delivery of the
notice of termination or on such later date as may
be specified by the MCA Entity.
(ffffff) If the MCA Entity, in its sole discretion and
for any reason whatsoever, decides to terminate this
Contract. Termination under this provision shall
become effective upon the expiration of thirty (30)
days after delivery of the notice of termination or
on such later date as may be specified by the MCA
Entity.
Section VIII - Contract Forms and Annexes

(gggggg) If the Consultant fails to comply with any

final decision reached as a result of arbitration
proceedings pursuant to GCC Clause 13.
Termination under this provision shall become
effective upon the expiration of thirty (30) days
after delivery of the notice of termination or on
such later date as may be specified by the MCA
Entity.
(hhhhhh) If the Compact expires, is suspended or
terminates in whole or in part in accordance with
the terms of, the Compact. Suspension or
termination under this provision shall become
effective immediately upon delivery of the notice
of suspension or termination, as the case may be, in
accordance with the terms of the notice. If this
Contract is suspended pursuant to this GCC Sub-
clause 20.1(h), the Consultant has an obligation to
mitigate all expenses, damages and losses to the
MCA Entity during the period of the suspension.
(iiiiii)If an event has occurred that would be grounds for
suspension or termination under Applicable Law.
Suspension or termination under this provision
shall become effective immediately upon delivery
of the notice of suspension or termination, as the
case may be, in accordance with the terms of the
notice. If this Contract is suspended pursuant to
this GCC Sub-clause 20.1(i), the Consultant has an
obligation to mitigate all expenses, damages and
losses to the MCA Entity during the period of the
suspension.
By the Consultant 69. The Consultant may terminate this Contract, upon written
notice to the MCA Entity in accordance with the time
period specified below, such notice to be given after the
occurrence of any of the events specified in paragraphs (a)
through (e) of this GCC Sub-clause 20.2.
(a) If the MCA Entity fails to pay any money due to
the Consultant pursuant to this Contract that is not
otherwise subject to dispute pursuant to GCC
Clause 13 hereof within forty-five (45) days after
receiving written notice from the Consultant that
such payment is overdue. Termination under this
provision shall become effective upon the
expiration of thirty (30) days after delivery of the
notice of termination unless the payment that is the
Section VIII - Contract Forms and Annexes

subject of such notice of termination is made by the

MCA Entity to the Consultant within such thirty
(30) days.
(jjjjjj)If, as the result of an event of Force Majeure, the
Consultant is unable to perform a material portion
of the Services for a period of not less than sixty
(60) days. Termination under this provision shall
become effective upon the expiration of thirty (30)
days after delivery of the notice of termination.
(kkkkkk) If the MCA Entity fails to comply with any
final decision reached as a result of arbitration
pursuant to GCC Clause 13. Termination under this
provision shall become effective upon the
expiration of thirty (30) days after delivery of the
notice of termination.
(llllll)If the Consultant does not receive a reimbursement
of any Taxes that are exempt under the CDF
Agreement or the Compact within one hundred and
twenty (120) days after the Consultant gives notice
to the MCA Entity that such reimbursement is due
and owing to the Consultant. Termination under
this provision shall become effective upon the
expiration of thirty (30) days after delivery of the
notice of termination unless the reimbursement that
is the subject of such notice of termination is made
to the Consultant within such thirty (30) days.
(mmmmmm) If this Contract is suspended in
accordance with GCC Sub-clauses 20.1(h) or (i) for
a period of time exceeding three (3) consecutive
months; provided that the Consultant has complied
with its obligation to mitigate in accordance with
GCC Sub-clauses 20.1(h) or (i) during the period
of the suspension. Termination under this provision
shall become effective upon the expiration of thirty
(30) days after delivery of the notice of
termination.
70. Payment Upon 71. Upon termination of this Contract pursuant to GCC Sub-
Termination clauses 20.1 or 20.2, the MCA Entity shall make, or cause
to be made, the following payments to the Consultant:
(a) payment pursuant to GCC Clause 17 for Services
satisfactorily performed prior to the effective date
of termination; and
(nnnnnn) except in the case of termination pursuant to
Section VIII - Contract Forms and Annexes

paragraphs (a) through (d) and (g) of GCC Sub-

clause 20.1, reimbursement of any reasonable cost
(as determined by the MCA Entity or MCC)
incidental to the prompt and orderly termination of
this Contract; provided, that in the case of
suspension of this Contract pursuant to GCC Sub-
clauses 20.1 (h) or (i), the Consultant has complied
with its obligation to mitigate in accordance with
such clauses.
72. If either Party disputes whether an event specified in
Disputes about Events
paragraphs (a), (b), (c), (e) or (g) of GCC Sub-clause 20.1
of Termination
or paragraphs (a) through (d) of GCC Sub-clause 20.2 has
occurred, such Party may, within forty-five (45) days after
receipt of notice of termination from the other Party, refer
the matter to dispute resolution in accordance with GCC
Clause 13, and this Contract shall not be terminated on
account of such event except in accordance with the terms
of any resulting arbitral award.
73. Upon termination of this Contract pursuant to GCC Clause
Cessation of Rights and
20, or upon expiration of this Contract pursuant to GCC
Obligations
Sub-clause 16.3, all rights and obligations of the Parties
under this Contract shall cease, except (a) such rights and
obligations as may have accrued on the date of termination
or expiration, (b) the obligation of confidentiality set forth
in GCC Clause 33, (c) the Consultant’s obligation to
permit inspection, copying and auditing of its accounts and
records set forth in GCC Clause 37 and Annex B and (d)
any right or obligation which a Party may have under the
Applicable Law.
74. Upon termination of this Contract by notice of either Party
Cessation of Services
to the other pursuant to GCC Sub-clauses 20.1 or 20.2, the
Consultant shall, immediately upon dispatch or receipt of
such notice, take all necessary steps to bring the Services
to a close in a prompt and orderly manner and shall make
every reasonable effort to keep expenditures for this
purpose to a minimum. With respect to documents
prepared by the Consultant and equipment and materials
furnished by the MCA Entity, the Consultant shall proceed
as provided, respectively, by GCC Clauses 34 or 41.
75. Force Majeure
76. For the purposes of this Contract, “Force Majeure” means
Definition
an event or condition that (a) is not reasonably foreseeable
and is beyond the reasonable control of a Party, and is not
the result of any acts, omissions or delays of the Party
relying on such event of Force Majeure, (or of any third
person over whom such Party has control, including any
Section VIII - Contract Forms and Annexes

Sub-Consultant), (b) is not an act, event or condition the

risks or consequence of which such Party has expressly
agreed to assume under this Contract, (c) could not have
been prevented, remedied or cured by such Party’s
reasonable diligence, and (d) makes such Party’s
performance of its obligations under this Contract
impossible or so impractical as to be considered
impossible under the circumstances.
77. The failure of a Party to fulfil any of its obligations under
No Breach of Contract
this Contract shall not be considered to be a breach of, or
default under, this Contract insofar as such inability arises
from an event of Force Majeure, provided that the Party
affected by such an event (a) has taken all reasonable
precautions, due care and reasonable alternative measures
in order to carry out the terms and conditions of this
Contract, and (b) has informed the other Party as soon as
practicable (and in no event later than five (5) days after
the occurrence) about the occurrence of an event giving
rise to a claim of Force Majeure.
78. Subject to GCC Sub-clause 22.6, a Party affected by an
Measures to be Taken
event of Force Majeure shall continue to perform its
obligations under this Contract as far as is reasonably
practical, and shall take all reasonable measures to
minimize and otherwise mitigate the consequences of any
event of Force Majeure.
79. A Party affected by an event of Force Majeure shall
provide evidence of the nature and cause of such event,
and shall similarly give written notice of the restoration of
normal conditions as soon as possible.
80. Any period within which a Party shall, pursuant to this
Contract, complete any action or task, shall be extended
for a period equal to the time during which such Party was
unable to perform such action as a result of Force Majeure.
81. During the period of its inability to perform the Services
as a result of an event of Force Majeure, the Consultant,
upon instructions by the MCA Entity, shall either:
(a) demobilize, in which case the Consultant shall be
reimbursed for additional costs it reasonably and
necessarily incurred and, if the Consultant is
required by the MCA Entity to reactive its
performance of the Services at the time of restoration
of normal conditions, the additional costs the
Consultant reasonably and necessarily incurred as
part of such reactivation; or
(oooooo) continue with the Services to the extent
Section VIII - Contract Forms and Annexes

possible, in which case the Consultant shall continue

to be paid under the terms of this Contract and be
reimbursed for additional costs reasonably and
necessarily incurred.
82. In the case of disagreement between the Parties as to the
existence or extent of and event of Force Majeure, the
matter shall be settled in accordance with GCC Clause 13.
83. Required 84. For the avoidance of doubt, the Parties agree and
Provisions; Flow understand that the provisions set forth in Annex B reflect
Through Provisions certain obligations of the Government and the MCA Entity
under the terms of the CDF Agreement, the Compact, and
related documents that are also required to be transferred
onto any Consultant, Sub-Consultant or Associate who
partakes in procurements or contracts in which MCC
Funding is involved and that, as with other clauses of this
Contract, the provisions of Annex B are binding
obligations under this Contract.
85. In any subcontract or sub-award entered into by the
Consultant, as permitted by the terms of this Contract, the
Consultant shall ensure the inclusion of all the provisions
contained in Annex B in any agreement related to such
subcontract or sub-award.
86. Fraud and 87. MCC requires that the MCA Entity and any other
Corruption beneficiaries of MCC Funding, including any bidders,
Requirements suppliers, contractors, Sub-Consultants and Consultants
under any MCC-funded contracts, observe the highest
standards of ethics during the procurement and execution
of such contracts.
MCC’s Policy on Preventing, Detecting and Remediating
Fraud and Corruption in MCC Operations (“MCC’s AFC
Policy”) is applicable to all procurements and contracts
involving MCC Funding and can be found on the MCC
website. MCC’s AFC Policy requires that companies and
entities receiving MCC funds acknowledge notice of
MCC’s AFC Policy and certify to the MCA Entity that
they have acceptable commitments and procedures in
place to address the potential for fraud and corruption.
Any entity receiving an award (including, but not limited
to, both contracts and grants) of MCC Funding of over
$500,000 will be required to certify to the MCA Account
Entity that they will adopt and implement a code of
business ethics and conduct within ninety (90) days of
Contract award. Such entity will also include the substance
of this clause in subcontracts that have a value in excess of
Section VIII - Contract Forms and Annexes

$500,000. Information regarding the establishment of

business ethics and conduct programs can be obtained
from numerous sources, including but not limited to:
[Link]
[Link];
[Link]
content/uploads/2014/01/CIPE_Anti-
Corruption_Compliance_Guidebook.pdf
(a) For purposes of the Contract, the terms set forth below
are defined as follows, and sometimes referred to
collectively in this document as “Fraud and
Corruption”:
(i) “coercion” means impairing or harming, or
threatening to impair or harm, directly or indirectly,
any party or the property of any party, to influence
improperly the actions of a party in connection with
the implementation of any contract supported, in
whole or in part, with MCC funding, including such
actions taken in connection with a procurement
process or the execution of a contract;
(xvii) “collusion” means a tacit or explicit agreement
between two or more parties to engage in coercion,
corruption, fraud, obstruction of investigation into
allegations of fraud or corruption, or a prohibited
practice, including any such agreement designed to
fix, stabilize, or manipulate prices or to otherwise
deprive the MCA Entity of the benefits of free and
open competition;
(xviii) “corruption” means the offering, giving, receiving,
or soliciting, directly or indirectly, of anything of
value to influence improperly the actions of a
public official, MCA Entity staff, MCC staff,
consultants, or employees of other entities engaged
in work supported, in whole or in part, with MCC
Funding, including such work involving taking or
reviewing selection decisions, otherwise advancing
the selection process or contract execution, or the
making of any payment to any third party in
connection with or in furtherance of a contract;
(xix) “fraud” means any act or omission, including any
misrepresentation, that knowingly or recklessly
misleads or attempts to mislead a party in order to
obtain a financial or other benefit in connection
with the implementation of any contract supported,
Section VIII - Contract Forms and Annexes

in whole or in part, with MCC funding, including

any act or omission designed to influence (or
attempt to influence) a selection process or the
execution of a contract, or to avoid (or attempt to
avoid) an obligation;
(xx) “obstruction of investigation into allegations of
fraud or corruption” means any act taken in
connection with the implementation of any contract
supported, in whole or in part, with MCC funding:
(a) that results in the deliberate destroying,
falsifying, altering or concealing of evidence or
making false statement(s) to investigators or any
official in order to impede an investigation into
allegations of coercion, corruption, fraud, or a
prohibited practice; or (b) that threatens, harasses,
or intimidates any party to prevent him or her from
either disclosing his or her knowledge of matters
relevant to an investigation or from pursuing the
investigation; or (c) that is intended to impede the
conduct of an inspection and/or the exercise of
audit rights of MCC and/or the Office of the
Inspector General (OIG) responsible for MCC
provided under the CDF Agreement, the Compact,
or related agreements.
(xxi) “prohibited practice” means any action that
violates Section E (Compliance with Anti-
Corruption Legislation), Section F (Compliance
with Anti-Money Laundering Legislation), and
Section G (Compliance with Terrorist Financing
Legislation and Other Restrictions) set forth in
Annex B (Additional Provisions) to this Contract.
(pppppp) MCC may cancel any portion or all of the MCC
Funding allocated to the Contract if it determines at any
time that representatives of the MCA Entity, the Consultant
or any other beneficiary of the MCC Funding were
engaged in any coercion, collusion, corruption, fraud,
obstruction of investigation into allegations of fraud or
corruption, or prohibited practices during the selection
process or the performance of the Contract, or another
MCC-funded contract, without the MCA Entity, the
Consultant or such other beneficiary having taken timely
and appropriate action satisfactory to MCC to remedy the
situation.
(qqqqqq) MCC and the MCA Entity may pursue sanction of
the Consultant, including declaring the Consultant
Section VIII - Contract Forms and Annexes

ineligible, either indefinitely or for a stated period of time,

to be awarded any MCC-funded contract if at any time
either MCC or the MCA Entity determines that the
contractor has, directly or through an agent, engaged in any
coercion, collusion, corruption, fraud, obstruction of
investigation into allegations of fraud or corruption, or
prohibited practices in competing for, or in performance of,
the Contract or another MCC-funded contract.
(rrrrrr) If the MCA Entity or MCC determines that the Consultant,
any subcontractor, any of the Consultant’s Personnel, or
any agent or affiliate of any of them has, directly or
indirectly, engaged in coercion, collusion, corruption,
fraud, obstruction of investigation into allegations of fraud
or corruption, or prohibited practices, in competing for or
in the performance of the Contract, then the MCA Entity or
MCC may, by notice, immediately terminate the Contract,
and the provisions of GCC Sub-clause 20.1 shall apply.
(ssssss) Should any of the Consultant’s Personnel be
determined to have engaged in coercion, collusion,
corruption, fraud, obstruction of investigation into
allegations of fraud or corruption, or prohibited practices
during the competition for or execution of the Contract, but
the MCA Entity or MCC determines not to terminate the
Contract in accordance with the immediately preceding
sub-paragraph, then the relevant Consultant’s Personnel
shall be removed in accordance with GCC Clause 12.
88. Combatting 89. MCC, along with other United States Government entities,
Trafficking in Persons has adopted a zero-tolerance policy with regard to
Trafficking in Persons (“TIP”) through its Counter-
Trafficking in Persons Policy.16 In pursuance of this policy:
(a) Defined Terms. For purposes of the application and
interpretation of this Sub-clause:
(i) The terms “coercion,” “commercial sex act,” “debt
bondage,” “employee,” “forced labor,” “fraud,”
“involuntary servitude,” and “sex trafficking” have
the meanings given such terms in the MCC Counter-
Trafficking in Persons Policy (“MCC C-TIP Policy”)
and such definitions are incorporated by reference
into this Sub-clause; and
(xxii) “Trafficking in Persons” means (a) Sex
trafficking in which a commercial sex act is induced

16 [Link]
Section VIII - Contract Forms and Annexes

by force, fraud, or coercion, or in which the person

induced to perform such act has not attained 18 years
of age; (b) The recruitment, harboring,
transportation, provision, or obtaining of a person for
labor or services, through the use of force, fraud, or
coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.
(b) Prohibition. Contractors, subcontractors, Consultants, Sub-
Consultants and any of their respective Personnel shall not
engage in any form of Trafficking in Persons during the period of
performance of any contract funded, in whole or in part, with
MCC funding and must also comply with those prohibitions
described in U.S. laws and Execute Orders regarding TIP,
including using misleading recruitment practices; charging
employees recruitment fees; or destroying, concealing,
confiscating, or otherwise denying access by an employee to the
employee’s identity documents,
(c) Consultant Requirements.
(i) Each contractor, subcontractor, Consultant or Sub-
Consultant shall:
(a) notify its employees of the MCC C-TIP Policy and of
the actions that will be taken against Personnel for
violations of this policy. Such actions may include,
but are not limited to, removal from the contract,
reduction in benefits, or termination of employment;
and
(tttttt) take appropriate action, up to and including
termination, against Personnel or subcontractors or
Sub-Consultants that violate the prohibitions set
out in this policy.
(xxiii) Each Consultant shall:
a. certify that it is not engaged in, facilitating, or allowing
any activities constituting Trafficking in Persons, or
related activities also prohibited under this policy, for
the duration of the Contract;
b. provide assurances that activities constituting
Trafficking in Persons, or related activities also
prohibited under this policy, will not be tolerated on
the part of its Personnel, subcontractors or Sub-
Consultants (as the case may be), or their respective
employees; and
c. acknowledge that engaging in such activities is cause
Section VIII - Contract Forms and Annexes

for suspension or termination of employment or of the

Contract.
(xxiv) A bidder, supplier, contractor, subcontractor, Consultant
or Sub-Consultant shall inform the MCA Entity within
24 hours of:
a. any information it receives from any source (including
law enforcement) that alleges its Personnel,
subcontractor, Sub-Consultant, or the employee of a
subcontractor or Sub-Consultant, has engaged in
conduct that violates this policy;
b. and any actions taken against any Personnel,
subcontractor, subcontractor/consultant, or the
employee of a subcontractor or Sub-Consultant,
pursuant to these requirements.
(d) Remedies. Once the incident has been confirmed and
depending on the severity of each case, the MCA Entity will
apply remedies, which could include any, all, or any
combination of the following:
(i) the MCA Entity requiring the Consultant to remove the
involved Personnel, Sub-Consultant or any of its
involved Personnel, or any involved agent or affiliate;
(ii) the MCA Entity requiring the termination of a
subcontract or sub-award;
(iii) suspension of Contract payments until the breach is
remedied to the satisfaction of the MCA Entity;
(iv) loss of incentive payment, consistent with the incentive
plan set out in the Contract, if any, for the performance
period in which the MCA Entity determined non-
compliance;
(v) the MCA Entity pursuing sanctions against the
Consultant, including declaring the Consultant
ineligible, either indefinitely or for a stated period of
time, to be awarded any MCC-funded contract;
(vi) termination of the Contract by the MCA Entity for
default or cause in accordance with the termination
clause of the Contract; and
(vii) the MCA Entity directing the Consultant to provide
reasonable financial support or restitution to the
victim(s) of any such incident, in each case in
Section VIII - Contract Forms and Annexes

accordance with the Consultant’s applicable TIP risk

management plan, and/or based on a final judicial or
administrative determination issued pursuant to
Applicable Law or the findings of an investigation
conducted (directly or through a third party) by the
MCA Entity.
90. Gender and 91. The Consultant shall ensure that its activities under the
Social Inclusion Contract comply with the MCC Gender Policy17 and the
MCA Entity’s Social and Gender Integration Plan, as
relevant to the activities performed under this Contract.
The MCC Gender Policy requires that activities funded by
MCC specifically address social and gender inequalities to
ensure opportunities for the participation and benefit of
women and vulnerable groups, as well as to ensure that its
activities do not cause significant negative social and
gender impacts. MCC also requires equitable opportunities
for women and other disadvantaged groups to participate
in and benefit from MCC funded activities, including in
project-related employment.
92. Prohibition of 93. The Consultant shall not employ any child to perform any
Harmful Child Labor work that is economically exploitative, or is likely to be
hazardous to, or to interfere with the child’s education, or
to be harmful to the child’s health or physical, mental,
spiritual, moral or social development. The Consultant will
identify the presence of all persons under the age of
eighteen (18). Where Applicable Law does not specify a
minimum age, the Consultant shall ensure that children
aged below 15 are not employed to perform work under
this contract. Where Applicable Law diverges from this
specified age standard, the higher age should apply.
Children under the age of eighteen (18) will not be
employed in hazardous work. All work of persons under
the age of eighteen (18) will be subject to an appropriate
risk assessment and regular monitoring of health, working
conditions, and hours of work.
94. Prohibition of 95. The Consultant, including all Sub-Consultants and any
Sexual Harassment Personnel, shall prohibit, and refrain from, sexual
harassment behaviors directed at Compact beneficiaries,
partners, stakeholders, MCA Entity employees, MCA
Entity consultants, MCC personnel, or MCC consultants.
Examples of sexual harassment include, but are not limited
to, the following behaviors: unwelcome sexual advances;
requests for sexual favors; verbal or physical harassment
of a sexual nature; or offensive remarks about a person’s

17 Available at: [Link]

Section VIII - Contract Forms and Annexes

sex, sexual orientation or non-conformity with gender

stereotypes. The Consultant shall put in place an incident
referral and reporting plan with respect to the provision of
the Services to support a safe and respectful work
environment, in form and substance satisfactory to the
MCA Entity and MCC. The Consultant shall be
responsible for ensuring that all Consultant and Sub-
Consultant Personnel understand and operate in
accordance the requirements of this Clause in order to
assure a safe, respectful, and harassment free work
environment. The MCA Entity may investigate (either
directly or through a third party) allegations of sexual
harassment as it determines appropriate. The Consultant
shall fully cooperate with any investigation conducted by
the MCA Entity regarding breach of this provision. The
Consultant will ensure that any incident of sexual
harassment investigated by the MCA Entity has been
resolved to the MCA Entity and MCC’s satisfaction.
96. Non- 97. The MCA Entity adheres to the principle of equal
Discrimination and opportunity and fair treatment in its employment practices.
Equal Opportunity The MCA Entity expects that the Consultant shall not
make employment decisions on the basis of personal
characteristics unrelated to inherent job requirements.
Personal characteristics include sex, race, nationality,
ethnic, social and indigenous (adat) origin, religion or
belief, disability, age, sexual orientation, and gender
identity. The MCA Entity expects that the Consultant shall
base its employment decisions on the principle of equal
opportunity and fair treatment, and shall not discriminate
with respect to aspects of the employment relationship,
including recruitment and hiring, compensation (including
wages and benefits), working conditions and terms of
employment, access to training, promotion, termination of
employment or retirement, and discipline. Special
measures of protection or assistance to remedy past
discrimination or selection for a particular job based on the
inherent requirements of the job shall not be deemed
discrimination.
98. Grievance 99. The Consultant shall provide a grievance mechanism for
Mechanism for Personnel, including Sub-consultant staff if a separate
Consultant and Sub-consultant grievance mechanism does not exist, to
Subcontractor raise workplace concerns. The Consultant shall inform its
Personnel Personnel of the grievance mechanism at the time of
recruitment and make it easily accessible to them. The
mechanism should involve an appropriate level of
management and address concerns promptly, using an
Section VIII - Contract Forms and Annexes

understandable and transparent process that provides

timely feedback to those concerned, without any
retribution. The mechanism should also allow for
anonymous complaints to be raised and addressed. The
mechanism should not impede access to other judicial or
administrative remedies that might be available under the
law or through existing arbitration procedures, or
substitute for grievance mechanisms provided through
collective agreements.
100. Standard of 101. The Consultant shall perform the Services and carry out its
Performance obligations under this Contract with all due diligence,
efficiency and economy, in accordance with generally
accepted professional standards and practices, and shall
observe sound management practices, and employ
appropriate technology and safe and effective equipment,
machinery, materials and methods. The Consultant shall
always act, in respect of any matter relating to this
Contract or to the Services, as faithful adviser to the MCA
Entity, and shall at all times support and safeguard the
MCA Entity’s legitimate interests in any dealings with
Sub-Consultants or third parties.
102. The Consultant shall perform the Services in accordance
Law Governing
with Applicable Law and shall take all practicable steps to
Services
ensure that any Sub-Consultants, as well as the Personnel
of the Consultant and any Sub-Consultants, comply with
the Applicable Law.
103. Conflict of 104. The Consultant shall hold the MCA Entity’s interests
Interests paramount, without any consideration for future work, and
strictly avoid conflict with other assignments or its own
corporate interests.
105. The payment of the Consultant pursuant to GCC Clause 17
Consultant Not to
shall constitute the Consultant’s only payment in
Benefit from
connection with this Contract and, subject to GCC Clause
Commissions,
32.3, the Consultant shall not accept for its own benefit
Discounts, etc.
any trade commission, discount or similar payment in
connection with activities pursuant to this Contract or in
the discharge of its obligations under this Contract, and the
Consultant shall use its best efforts to ensure that any Sub-
Consultants, as well as the Personnel and agents of either
of them, similarly shall not receive any such additional
payment.
106. Furthermore, if the Consultant, as part of the Services, has
the responsibility of advising the MCA Entity on the
procurement of goods, works or services, the Consultant
shall comply with the “MCC Program Procurement
Guidelines” from time to time in effect as posted on the
Section VIII - Contract Forms and Annexes

MCC website at [Link]/ppg and shall at all times

exercise such responsibility in the best interest of the MCA
Entity. Any discounts or commissions obtained by the
Consultant in the exercise of such procurement
responsibility shall be for the account of the MCA Entity.
107. The Consultant agrees that, during the term of this
Consultant and
Contract and after its termination, the Consultant and any
Affiliates Not to Engage
entity affiliated with the Consultant, as well as any Sub-
in Certain Activities
Consultants and any entity affiliated with such Sub-
Consultants, shall be disqualified from providing goods,
works or services (other than consulting services) resulting
from or directly related to the Services.
108. The Consultant shall not engage and shall cause its
Prohibition of
Personnel as well as its Sub-Consultants and their
Conflicting Activities
Personnel not to engage, either directly or indirectly, in
any business or professional activities that would conflict
with the activities assigned to them under this Contract.
109. Confidential 110. Except with the prior written consent of the MCA Entity,
Information; Rights of or as may be required to comply with Applicable Law, the
Use Consultant and its Personnel shall not (and shall cause any
Sub-Consultants and their Personnel not to) at any time (a)
communicate to any person or entity any confidential
information acquired in the course of the Services, or (b)
make public the recommendations formulated in the
course of, or as a result of, the Services.
111. The Consultant and its Personnel shall not (and shall cause
any Sub-Consultants and their Personnel not to), without
the previous written consent of the MCA Entity, disclose
this Contract, or any provision of this Contract, or any
specification, plan, drawing, pattern, sample or
information provided by or on behalf of the MCA Entity in
connection therewith, to any person other than a person
employed by the Consultant in the performance of this
Contract. Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be
necessary for purposes of such performance.
112. The Consultant and its Personnel shall not (and shall cause
any Sub-Consultants and their Personnel not to), without
the previous written consent of the MCA Entity, make use
of any document or information related to or delivered in
connection with this Contract, except for the purpose of
performing this Contract.
113. Any document related to or delivered in connection with
this Contract, other than this Contract itself, shall remain
the property of the MCA Entity and shall be returned
(including, except as provided in GCC Clause 34, all the
Section VIII - Contract Forms and Annexes

copies) to the MCA Entity on completion of the

Consultant’s performance under this Contract.
114. Documents 115. All plans, drawings, specifications, designs, reports, other
Prepared by the documents and software prepared by the Consultant under
Consultant to be the this Contract shall become and remain the property of the
Property of the MCA MCA Entity, and the Consultant shall, not later than upon
Entity termination or expiration of this Contract, deliver all such
documents to the MCA Entity, together with a detailed
inventory thereof in accordance with this GCC Sub-clause
34.1 and Sub-clause 33.4, and in format and substance
specifically required in the Terms of Reference. The
Consultant may retain a copy of such documents and
software, and use such software for its own use with prior
written approval of the MCA Entity. If license agreements
are necessary or appropriate between the Consultant and
third parties for purposes of the development or use of any
such computer programs, the Consultant shall obtain the
MCA Entity’s prior written approval to such agreements,
and the MCA Entity shall be entitled at its discretion to
require recovering the expenses related to the development
of the program(s) concerned. Other restrictions about the
future use of these documents and software, if any, shall be
specified in the SCC.
116. Liability of the 117. Subject to additional provisions, if any, set forth in the
Consultant SCC, the Consultants’ liability under this Contract shall be
provided by the Applicable Law.
118. Insurance to be 119. The Consultant (a) shall take out and maintain, and shall
taken out by the cause any Sub-Consultants to take out and maintain, at its
Consultant (or the Sub-Consultants’, as the case may be) own cost but
on terms and conditions approved by the MCA Entity,
insurance against the risks, and for the coverage specified
in the SCC and in Annex B, and (b) at the MCA Entity’s
request, shall provide evidence to the MCA Entity
showing that such insurance has been taken out and
maintained and that the current premiums have been paid.
The Consultant shall ensure that insurance is in place prior
to commencing the Services as stated in GCC Sub-clause
16.2.
120. Accounting, 121. The Consultant shall keep accurate and systematic
Inspection and accounts and records in respect of the provision of the
Auditing Services under this Contract, in accordance with the
provisions of Annex B and internationally accepted
accounting principles and in such form and detail as will
clearly identify all relevant time charges and costs, receipt
and use of goods and services and the base thereof,
together with a detailed inventory thereof.
Section VIII - Contract Forms and Annexes

122. The Consultant shall maintain such books and records and
Reporting Obligations
submit to the MCA Entity the reports, documents and
other information specified in Annexes B and C, in the
form, in the numbers and within the time periods set forth
in such Annexes. The Consultant shall submit to the MCA
Entity such other reports, documents and information as
may be requested by the MCA Entity from time to time.
Final reports shall be delivered in an electronic form
specified by the MCA Entity in addition to the hard copies
specified in Annexes B and C. The Consultant consents to
the MCA Entity’s sharing of the reports, documents and
information delivered by the Consultant pursuant to this
Contract with MCC and the Government.
123. Consultant’s 124. In addition to any modification or variation of the terms
Actions Requiring the and conditions of this Contract pursuant to GCC Sub-
MCA Entity’s Prior clause 16.4, the Consultant shall obtain the MCA Entity’s
Approval
prior approval in writing before taking any of the following
actions:
(a) any change or addition to the Personnel listed in Annex D;
(b) in accordance with Section 5.1 above, entering into a
subcontract with a Sub-Consultant for the performance of a
major item of the Services; and
(c) any other action that may be specified in the SCC.
125. Obligations with 126. Notwithstanding the MCA Entity’s approval for the
Respect to Consultant to enter into a subcontract pursuant to GCC
Subcontracts Clause 38, the Consultant shall retain sole and full
responsibility for the Services and all payments due to
subcontractors thereof. In the event that any Sub-
Consultants are found by the MCA Entity to be
incompetent or incapable in discharging assigned duties,
the MCA Entity may require that the Consultant provide a
replacement, with qualifications and experience acceptable
to the MCA Entity, or to resume the performance of the
Services itself.
127. Use of Funds 128. The Consultant shall ensure that its activities do not violate
provisions relating to use of funds and the prohibition of
activities likely to cause a significant environmental,
health or safety hazard, as set out in Annex B.
Environmental, health, and safety hazards are defined in
Appendix A of the MCC Environmental Guidelines
available at [Link].
129. Equipment, 130. Equipment, vehicles and materials made available to the
Vehicles and Materials Consultant by the MCA Entity or purchased by the
Furnished by the MCA Consultant wholly or partly with funds provided by the
Section VIII - Contract Forms and Annexes

Entity MCA Entity, shall be the property of the MCA Entity and
shall be marked accordingly. Upon termination or
expiration of this Contract, the Consultant shall make
available to the MCA Entity an inventory of such
equipment, vehicles and materials and shall dispose of
such equipment, vehicles and materials in accordance with
the MCA Entity’s instructions. While in possession of such
equipment, vehicles and materials, the Consultant, unless
otherwise instructed by the MCA Entity in writing, shall
insure them in an amount equal to their full replacement
value.
131. Equipment and 132. Equipment, vehicles or materials brought into the MCA
Materials Provided by Country by the Consultant, Sub-Consultants and
the Consultant Personnel, or purchased by them without funds provided
by the MCA Entity and used either for provision of the
Services or personal use shall remain the property of the
Consultant, its Sub-Consultants or the Personnel
concerned, as applicable.
133. Assistance and 134. Unless otherwise specified in the SCC, the MCA Entity
Exemptions shall use its best efforts to ensure that the Government
shall:
(a) Provide the Consultant, Sub-Consultants and Personnel
with work permits and such other documents as shall be
necessary to enable the Consultant, Sub-Consultants or
Personnel to perform the Services.
(uuuuuu) Arrange for the Personnel and, if appropriate, their
eligible dependents to be provided promptly with all
necessary entry and exit visas, residence permits,
exchange permits, and any other documents required for
their stay in the Government’s country.
(vvvvvv) Facilitate prompt clearance through customs of any
property required for the Services and of the personal
effects of the Personnel and their eligible dependents.
(wwwwww) To the extent permitted by Applicable Law, exempt
the Consultant, Sub-Consultants and their Personnel
employed for the Services from any requirement to
register or obtain any permit to practice their profession
or to establish themselves either individually or as a
corporate entity.
(xxxxxx) Grant to the Consultant, Sub-Consultants and their
Personnel the privilege, pursuant to the Applicable Law,
of bringing into the MCA Country reasonable amounts of
foreign currency for the purposes of the Services or for
the personal use of the Personnel and their dependents
Section VIII - Contract Forms and Annexes

and of withdrawing any such amounts as may be earned

therein by the Personnel in the execution of the Services.
135. Access to Land 136. The MCA Entity warrants that the Consultant, Sub-
Consultants and their Personnel shall have, free of charge,
unimpeded access to all land in the MCA Country in
respect of which access is required for the performance of
the Services. The MCA Entity will be responsible for any
damage to such land, or any property thereon resulting
from such access and will indemnify the Consultant, Sub-
Consultants and their Personnel in respect of liability for
any such damage, unless such damage is caused by the
default or negligence of the Consultant or Sub-Consultants
or their Personnel.
137. Change in the 138. If, after the date of this Contract, there is any change in the
Applicable Law Applicable Law with respect to Taxes and duties which
Related to Taxes and increases or decreases the cost incurred by the Consultant
Duties in performing the Services, payments to the Consultant
shall not be adjusted. However, the provisions of GCC
Sub-clause 18(e) shall be applicable in such a situation.
139. Services, 140. The MCA Entity shall make available to the Consultant
Facilities and Property and the Personnel, for the purposes of performing the
of the MCA Entity Services and free of any charge, the services, facilities and
property described in Annex G at the times and in the
manner specified in Annex G.
141. In case that such services, facilities and property shall not
be made available to the Consultant as and when specified
in Annex G, the Parties shall agree on (a) any time
extension that it may be appropriate to grant to the
Consultant for the performance of the Services, (b) the
manner in which the Consultant shall procure any such
services, facilities and property from other sources, and (c)
the additional payments, if any, to be made to the
Consultant as a result thereof pursuant to GCC Sub-clause
17.1.
142. Payment 143. In consideration of the Services performed by the
Consultant under this Contract, the MCA Entity shall make
to the Consultant payments in the manner provided in
GCC Clause 17.
144. Counterpart 145. The MCA Entity shall make available to the Consultant
Personnel free of charge such professional and support counterpart
personnel, to be nominated by the MCA Entity with the
Consultant’s advice, if specified in Annex G.
146. If counterpart personnel are not provided by the MCA
Entity to the Consultant as and when specified in Annex
G, the MCA Entity and the Consultant shall agree on (a)
how the affected part of the Services shall be carried out,
Section VIII - Contract Forms and Annexes

and (b) the additional payments, if any, to be made by the

MCA Entity to the Consultant as a result thereof pursuant
to GCC Sub-clause 17.1.
147. Professional and support counterpart personnel, excluding
the MCA Entity’s liaison personnel, shall work under the
exclusive direction of the Consultant. If any member of the
counterpart personnel fails to perform adequately any
work assigned to such member by the Consultant that is
consistent with the position occupied by such member, the
Consultant may request the replacement of such member,
and the MCA Entity shall not unreasonably refuse to act
upon such request.
148. Good Faith 149. The Parties undertake to act in good faith with respect to
each other’s rights under this Contract and to adopt all
reasonable measures to ensure the realization of the
objectives of this Contract.
150. Operation of the 151. The Parties recognize that it is impractical in this Contract
Contract to provide for every contingency which may arise during
the life of this Contract, and the Parties hereby agree that it
is their intention that this Contract shall operate fairly as
between them, and without detriment to the interest of
either of them, and that, if during the term of this Contract
either Party believes that this Contract is operating
unfairly, the Parties will use their best efforts to agree on
such action as may be necessary to remove the cause or
causes of such unfairness.
152. Contractor Past 153. The Consultant acknowledges that during the performance
Performance System of the Contract the Employer shall maintain a performance
record of the Consultant in accordance with MCC’s
Contractor Past Performance Reporting System, as
described on MCC’s website. The Consultant shall provide
timely information or input to, and otherwise respond to
requests for input or information
Section VIII - Contract Forms and Annexes

SECTION VII - SPECIAL CONDITIONS OF CONTRACT (SCC)

 Section VIII - Contract Forms and Annexes

SPECIAL CONDITIONS OF CONTRACT

Amendments of, and Supplements to, Clauses in the General Conditions of Contract of this Contract

GCC 1.1 (a) “Applicable Law” means the laws and any other instruments having the force
of law in Indonesia, as they may be issued and in force from time to time.
(m) “Local Currency” means Indonesian Rupiah.
(n) “MCA Country” means the country of Indonesia.
GCC 3.1 This Contract shall be executed in the English language Yes [X] No [ ] and in
Bahasa Indonesia Yes [ ] No [X].
GCC 4.1 The addresses for serving notices under this Contract are:
For the MCA Entity:
[full legal name of the MCA Entity]
Att.:
Address:
Email:

For the Consultant:

GCC 8.1 The Member in charge is [insert name of member]

[Note: If the Consultant consists of a joint venture or another association of
more than one entity, the name of the entity whose address is specified in SCC
9.1 should be inserted here. If the Consultant consists only of one entity, this is
not applicable.]
GCC 9.1 The Authorized Representatives are:
For the MCA Entity:
[full legal name of the MCA Entity]
Att.: [Name of the MCA Entity Representative]
Address:
Email:

For the Consultant:

Section VIII - Contract Forms and Annexes

GCC 10.3 Written notification to the MCA Entity of adjustments is required.

GCC 10.5 A resident project manager shall be required for the duration of this Contract.
(a) All disputes, controversies or claims arising out of or in connection with this
GCC 13.2
Contract, or the breach, termination or invalidity thereof, that cannot be
settled amicably by the Parties within thirty (30) days of notification of such
dispute, controversy or claim to the other Party or Parties, shall be finally
settled in accordance with the International Chamber of Commerce Rules of
Arbitration (the “ICC Rules”) and each of the Parties hereby consents to the
jurisdiction of the International Chamber of Commerce (“ICC”) and to
arbitration thereunder. The Parties further stipulate that:
(i) the language to be used in the arbitral proceedings shall be English.
(ii) unless otherwise agreed by the Parties, the number of arbitrators shall
be three (3), with such arbitrators to be nominated in accordance with
the following:
(A) each Party shall nominate one (1) arbitrator within the period
for nominating the arbitrator specified in the ICC Rules, and
the two (2) arbitrators thus nominated shall, within thirty (30)
days after the nomination of the second (2nd) arbitrator,
nominate the third (3rd) arbitrator, who shall chair the arbitral
panel. If a Party fails to timely nominate an arbitrator, the ICC
shall appoint that Party’s arbitrator within thirty (30) days after
the date on which that Party’s nomination came due. If the
first two (2) arbitrators fail to timely nominate the third (3rd)
arbitrator, the ICC shall appoint the third (3rd) arbitrator
within thirty (30) days after the date on which the nomination
of the third (3rd) arbitrator came due;
(B) if multiple parties initiate or respond to arbitration
proceedings, they shall jointly nominate an arbitrator in
accordance with this clause GCC 13.2 (a)(ii)(A) as though a
single Party; and
(C) the third (3rd) arbitrator nominated or appointed pursuant to
this clause GCC 13.2 (a)(ii)(A) shall be an internationally
recognized legal or technical expert with extensive experience
in relation to the matter in dispute and shall not be a national
of the home country of a Party, nor shall any such arbitrator be
a shareholder, director, employee, agent, or contractor or
former shareholder, director, employee, agent, or contractor of
a Party. For purposes of this paragraph (C) “home country”
means any of: (1) the country of incorporation of Consultant;
or (2) the country in which Consultant’s principal place of
business is located; or (3) the country of nationality of a
majority of Consultant’s shareholders; or (4) the country of
nationality of any sub-consultants concerned, where the
dispute involves a subcontract; and
(iii) the seat (legal place) of arbitration is New York City, New York,
Section VIII - Contract Forms and Annexes

United States of America. The Parties agree that all hearings and
meetings shall be held and conducted in Singapore.
(b) The Parties agree that the marshalling of evidence, pre-hearing disclosure,
and examination of witnesses and experts authorized by Article 25 of the ICC
Rules, shall be construed by the tribunal to allow any Party to request the
production of documents and other information that is reasonably calculated
to lead to the discovery of evidence that is relevant to any claim or defense
relating to the dispute, including by the following means:
(i) written interrogatories;
(ii) requests for production of documents, including production of
electronically stored information in a convenient electronic format in
accordance with the International Bar Association Rules; and
(iii) a reasonably sufficient number of oral depositions appropriate for the
subject matter of the dispute, including the deposition of a
representative designated by an entity as its agent to testify as to
specific maters on its behalf;
and to allow the non-requesting Party to object to such request, in
which case the tribunal shall issue a ruling on such request.
(c) Each Party shall use reasonable endeavors to ensure that its advisors, agents,
and contractors are available for any depositions and other discovery
mechanisms that are ordered by the tribunal.
(d) Each Party shall be responsible for its own legal fees and related costs in
connection with any arbitration.
(e) The decision of the arbitrators shall be final and binding upon the Parties and
shall not be subject to appeal.
(f) Any Party may petition any court having jurisdiction to enter judgment upon
the arbitration award. At the request of any of the Parties, the arbitrators
shall seek to have such arbitration award filed with any court so requested by
a Party.
(g) The arbitral award shall be made and payable in United States Dollars, and
the award shall be grossed up for tax unless the amount paid would have
been subject to tax if paid in the normal course.
(h) The Parties waive their rights to claim or recover, and the arbitrators shall not
award, any punitive, multiple, or other exemplary damages, whether statutory
or common law (except to the extent such damages (1) have been awarded to
a third party and are subject to allocation among the Parties; or (2) are
expressly contemplated to be paid under the terms and conditions of this
Contract).
(i) The Parties agree, pursuant to Article 7 of the ICC Rules, that the tribunal
may join additional parties to the arbitration after the nomination,
confirmation or appointment of arbitrators. Any third party joining or
seeking to intervene in an arbitration already initiated shall be deemed to
consent to the arbitrators already nominated, confirmed or appointed. The
Parties further agree that the arbitral tribunal may consolidate an arbitration
arising out of or relating to this Contract, whether between the Parties or
between a Party and any third-party consenting to the arbitration, with any
Section VIII - Contract Forms and Annexes

arbitration arising out of or relating to this Contract if the subject matter of

the disputes arises out of or relates to essentially the same facts or
transactions. Such consolidated arbitration shall be determined by the
tribunal appointed for the arbitration proceeding that was commenced first in
time.
(j) The Parties may seek emergency, preliminary, temporary, interim, or
conservatory measures in accordance with Article 29 of the ICC Rules.
(k) The pendency of a dispute shall not in and of itself relieve any Party of its
duty to perform under this Contract, and each Party shall continue to perform
its obligations, unless the Parties otherwise agree, and shall have the right to
exercise its rights, under this Contract pending resolution of such dispute.
(l) MCC has the right to be an observer to any arbitration proceeding associated
with this Contract, at its sole discretion, but does not have the obligation to
participate in any arbitration proceeding. Whether or not MCC is an observer
to any arbitration associated with this Contract, the Parties shall provide
MCC with written English transcripts of any arbitration proceedings or
hearings and a copy of the reasoned written award within ten (10) days after
(1) each such proceeding or hearing or (2) the date on which such award is
issued. MCC may enforce its rights under this Contract in an arbitration
conducted in accordance with this provision or by bringing an action in any
court that has jurisdiction. The acceptance by MCC of the right to be an
observer to the arbitration shall not constitute consent to the jurisdiction of
the courts or any other body of any jurisdiction or to the jurisdiction of any
arbitral panel.

GCC 16.1 This Contract shall enter into force on the date of signing of the Contract by both
parties.
OR
This Contract shall enter into force on [insert date].
[Note: delete whichever is not appropriate].
GCC 16.2 The Effective Date shall be [insert date].

GCC 16.3 The Contract shall expire on [insert date].

GCC 17.1 The amount of the fixed price Contract is XXXXX [US Dollars] (the “Contract
Price”) divided as follows:
Lump Sum Program Administration Support Activities:
Base Period:
Option Period No 1:
Option Period No 2:
Option Period No 3:
Option Period No 4:
Section VIII - Contract Forms and Annexes

Provisional Sum for Technical Advisory Support Service Tasks

The accounts are:

For US Dollars: [insert account number]

GCC 17.3 Payments for the deliverables shall be made according to the following schedule
of percentages of the amounts included in the Contract: [1]

See Section 9 of Section V – Term of Reference.

GCC 17.5 The interest rate to be applied in the case of late payments is the Federal Funds
Rate as stated on the website:
[Link]

GCC 34.1 Not applicable

GCC 36.1 The risks and the minimum coverage shall be as follows:
(a) professional liability insurance, with a minimum coverage of the contract
value;
(yyyyyy) employer’s liability and workers’ compensation insurance in
respect of the Personnel of the Consultant and of any Sub-Consultants, in
accordance with the relevant provisions of the Applicable Law, as well as,
with respect to such Personnel, any such life, health, accident, travel or
other insurance as may be appropriate; and
(zzzzzz) insurance against loss of or damage to (i) equipment purchased in
whole or in part with funds provided under this Contract, (ii) the
Consultant’s property used in the performance of the Services, and (iii)
any documents prepared by the Consultant in the performance of the
Services.

GCC 38.1 Not applicable

GCC 43.1
Not applicable

[1][1] Payment schedule proposed by the Consultant and agreed upon to be added here
Section VIII - Contract Forms and Annexes

SECTION VIII - CONTRACT FORMS AND ANNEXES

This Section contains the Notification of Award, Agreement, Forms and Annexes.

Notification of Award..............................................................................................................................226
CONTRACT AGREEMENT..................................................................................................................227
ANNEXES TO CONTRACT..................................................................................................................229
Annex A: Description of Services...........................................................................................................230
Annex B: Additional Provisions..............................................................................................................231
Annex C: Reporting Requirements..........................................................................................................232
Annex D: Key Professional Personnel and Sub-Consultants..................................................................233
Annex E: Breakdown of Contract Price in US Dollars...........................................................................234
Annex F: Breakdown of Contract Price in Local Currency....................................................................235
Annex G: Services and Facilities to be Provided by the MCA Entity.....................................................236
Annex H: Compliance with Sanctions Certification Form......................................................................237
Annex I: Self-Certification Form for Consultants/Contractors/Suppliers...............................................245
Annex J: Code of Business Ethics and Conduct Certification Form.......................................................247
Section VIII - Contract Forms and Annexes

Notification of Award

[The Notification of Award shall be filled in and sent to the successful Consultant in
accordance with ITC Clause 26.1]

[date]

To: [insert name and address of the Consultant]

Re: XXXXXXXXXXXXXXXXXXXXX
RFP Ref: XXXXXXXXXXXXXXXXX

Dear [insert name of consultant],

We wish to formally award the subject consulting services to you and invite you for negotiations
on [insert date and time]. Negotiations will be held [in-person or online – choose as
appropriate] at our [street or online - choose as appropriate] address below:

[insert Skype/Zoom/Webex or street address].

Please confirm the date and time work for you.

The agenda for negotiations and draft contract are both attached. Please formally confirm in
writing (by email or letter) the availability of all key staff in your Proposal before the
commencement of negotiations.

Signed:

In the capacity of:

[The Print Name]

229
Section VIII - Contract Forms and Annexes

CONTRACT AGREEMENT

This CONTRACT AGREEMENT (this “Contract”) made as of the [day] of [month], [year],
between the Millennium Challenge Account -Indonesia II (“MCA-Indonesia II”), on the one
part, and [full legal name of Consultant] (the “Consultant”), on the other part.
[Note: If the Consultant consists of more than one entity, the following should be used:
This CONTRACT AGREEMENT (this “Contract”) made as of the [day] of [month], [year],
between the Millennium Challenge Account - Indonesia II (“MCA-Indonesia II”), on the one
part, and [full legal name of lead Consultant] (the “Consultant”) in [joint venture /
consortium / association] with [list names of each joint venture entity], on the other part, each
of which will be jointly and severally liable to MCA-Indonesia II for all of the Consultant’s
obligations under this Contract and is deemed to be included in any reference to the term
“Consultant.”]
RECITALS
WHEREAS,

(a) the Millennium Challenge Corporation (“MCC”), and the Ministry of National
Development Planning/National Planning Development Agency on behalf of the
Republic of Indonesia (“Government”) executed a Grant Agreement on February 4,
2021 (as amended or otherwise modified, the “Compact Development Funding
Agreement” or “CDF Agreement”) that sets forth the general terms and conditions
on which MCC will provide funding not to exceed twenty million U.S. Dollars (US
$20,000,000) under the authority of Section 609(g) of the United States Millennium
Challenge Act of 2003, as amended (the “Act”), which activities will facilitate the
development and implementation of a Millennium Challenge Compact to be entered
by the United States of America and the Government to help facilitate poverty
reduction through economic growth in Indonesia;

(b) The United States of America and the Government signed such a Millennium
Challenge Compact on April 13, 2023 ("Compact"). The Compact, which will
include $649 million of MCC grant funding and a $49 million contribution from the
Government , aims to unlock financing flows in a way that will catalyze economic
growth and leverage Indonesia’s own resources.
(c) MCA-Indonesia II has requested the Consultant to provide certain consulting
Services as described in Annex A to this Contract; and
(d) The Consultant, having represented to MCA-Indonesia II that it has the required
professional skills, and Personnel and technical resources, has agreed to provide
such Services on the terms and conditions set forth in this Contract.

NOW THEREFORE, the Parties to this Contract agree as follows:

230
Section VIII - Contract Forms and Annexes

1. In consideration of the payments to be made by MCA-Indonesia II to the Consultant as

set forth in this Contract, the Consultant hereby covenants with MCA-Indonesia II to
perform the Services in conformity in all respects with the provisions of this Contract.
2. Subject to the terms of this Contract, MCA-Indonesia II hereby covenants to pay the
Consultant, in consideration of the performance of the Services, the Contract Price (as
defined below) or such other sum as may become payable pursuant to the provisions of
this Contract at the times and in the manner prescribed by this Contract.

IN WITNESS whereof the Parties hereto have caused this Contract to be executed in accordance
with the laws of Indonesia as of the day, month and year first indicated above.

For MCA-Indonesia II: For [full legal name of the Consultant]:

Signature Signature
Name Name
Witnessed By: Witnessed By:

[Note: If the Consultant consists of more than one entity, all these entities should appear as
signatories, e.g., in the following manner:]

For and on behalf of each of the Members of the Consultant

[Name of Member]

[Authorized Representative]

[Name of Member]

[Authorized Representative]

231
Section VIII - Contract Forms and Annexes

ANNEXES TO CONTRACT

232
Section VIII - Contract Forms and Annexes

Annex A: Description of Services

This Annex A shall incorporate by reference: the proposal dated [insert date of awarded
Proposal] submitted by [insert name of Consultant awarded the Contract] in connection with
the procurement for this Contract (the “Proposal”), as well as changes agreed upon during
negotiations. In the event of any inconsistency between this Description of Services and the
Proposal, the priority of interpretation shall be given to this Description of Services.

233
Section VIII - Contract Forms and Annexes

Annex B: Additional Provisions

The additional provisions of contract can be found on the MCC website:

[Link]

NB: These provisions must be downloaded and attached to the Contract

234
Section VIII - Contract Forms and Annexes

Annex C: Reporting Requirements

Note: List format, frequency, and contents of reports; persons to receive them; dates of
submission; etc.

235
Section VIII - Contract Forms and Annexes

Annex D: Key Professional Personnel and Sub-Consultants

Note: List under:
D-1 Titles [and names, if already available], detailed job descriptions and minimum
qualifications of foreign Key Professional Personnel to be assigned to work in
[Country], and estimated staff-months for each.
D-2 Same as D-1 for foreign Key Professional Personnel to be assigned to work outside
[Country].
D-3 List of approved Sub-Consultants (if already available) and same information with
respect to their Personnel as in D-1 or D-2.
D-4 Same information as D-1 for local Key Professional Personnel.
D-5 Working hours, holidays, sick leave and vacations, as provided for in GCC Clause 11 (if
applicable)

236
Section VIII - Contract Forms and Annexes

Annex E: Breakdown of Contract Price in US Dollars

Note: List here the monthly rates for Personnel (Key Professional Personnel and other
Personnel) (fully loaded, including direct and indirect expenses and profit), used to arrive at the
breakdown of the price - US Dollars portion (from Form FIN-4).
This Annex will exclusively be used for determining remuneration for additional services.

237
Section VIII - Contract Forms and Annexes

Annex F: Breakdown of Contract Price in Local Currency

Note: List here the monthly rates for Personnel (Key Professional Personnel and other
Personnel) (fully loaded, including direct and indirect expenses and profit), used to arrive at the
breakdown of the price - Local Currency portion (from Form FIN-4).
This Annex will exclusively be used for determining remuneration for additional services.

238
Section VIII - Contract Forms and Annexes

Annex G: Services and Facilities to be Provided by the MCA Entity

Note: List here the services, facilities and counterpart personnel to be made available to the
Consultant by the MCA Entity.

Not Applicable

239
Section VIII - Contract Forms and Annexes

Annex H: Compliance with Sanctions Certification Form

In satisfaction of Clause G of the Additional Provisions at Annex B of the Contract, this form is
to be completed by the Consultant upon submission of the Proposal and, if selected, within 28
days of receipt of Letter of Acceptance and Contract Agreement, and subsequently thereafter on
the last business day prior to the last day of each quarter (March 31, June 30, September 30,
December 31) after the signature of an MCC-Funded Contract18, for the duration of the Contract.

The form is to be submitted to the MCA Procurement Agent at the time of Bid submission, and
to the MCA Entity Fiscal Agent thereafter [email addresses for MCA Entity Procurement and
Fiscal Agents to be inserted here] with a copy to MCC at: sanctionscompliance@[Link].

For the avoidance of doubt, pursuant to the MCC Program Procurement Guidelines, reporting the
provision of material support or resources (as defined below) to an individual or entity on the
enumerated lists will not necessarily result in the disqualification of a Consultant or cancellation
of the Contract. However, failure to report such provision, or any similar material
misrepresentation, whether intentional or without due diligence, would be grounds for
disqualifying the Consultant or canceling the Contract, and may subject such Consultant to
criminal, civil, or administrative remedies as appropriate under U.S. law.

18 “MCC-Funded Contract” is defined as a contract signed by an MCA Entity or Core Team, as opposed to a
contract signed by MCC, under the provisions of MCC’s Program Procurement Guidelines, and using funding
provided by MCC, through a Compact Program, a Threshold Program, or 609(g) funding.

240
Section VIII - Contract Forms and Annexes

Instructions for completing this form are provided below.

Compliance with Sanctions Certification Form

Full Legal Name of Consultant: _________________________________________________

Full Name and Number of Contract: _____________________________________________
MCA Entity with which Contract Signed: ________________________________________

ALL CONSULTANTS TO CHECK THE APPLICABLE BOX BELOW:

 All eligibility verifications have been completed in accordance with Annex B “Additional Provisions”, Paragraph
G “Compliance with Terrorist Financing Legislation and Other Restrictions”, and the Consultant hereby
certifies as follows:
o No adverse or negative results were obtained from such eligibility verifications; and
o To the best of its current knowledge, the Consultant has not provided, at any time within the previous ten years
or currently, any material support or resources (including without limitation, any MCC Funding19), directly or
indirectly to, or knowingly permitted any funding (including without limitation any MCC Funding) to be
transferred to, any individual, corporation or other entity that the Consultant knew, or had reason to know,
commits, attempts to commit, advocates, facilitates, or participates in any terrorist activity, or has committed,
attempted to commit, advocated, facilitated or participated in any terrorist activity, including, but not limited to,
the individuals and entities on the enumerated lists described below (including the Consultant itself).

OR

 All eligibility verifications have been completed in accordance with Annex B “Additional Provisions”, Paragraph
G “Compliance with Terrorist Financing Legislation and Other Restrictions”, and the Consultant hereby
certifies that the following adverse or negative results were obtained from such eligibility verifications (information to
be provided for each result in accordance with the instructions included with this form):

 Name of individual, corporation or other entity:

 Eligibility verification source(s) where listed ineligible:
 Position (if individual), or goods or services provided (if corporation or other entity):
 Estimated value of work performed as of certification date:
 A description of, and the circumstances under which such support was provided.

I hereby certify that the information provided above is true and correct in all material respects
and understand that any material misstatement, misrepresentation or failure to provide the
information requested in this certification may be deemed “fraud” for purposes of the ITC or
19 “MCC Funding”, for the purposes of this Contract, is defined as the funding MCC has made available to the
Government pursuant to the terms of the CDF Agreement or Compact

241
Section VIII - Contract Forms and Annexes

Contract between the Consultant and the MCA Entity, the MCC Program Procurement
Guidelines, and other applicable MCC policy or guidance, including MCC’s Policy on
Preventing, Detecting and Remediating Fraud and Corruption in MCC Operations.

Authorized Signature: __________________________________ Date: _________________

Printed Name of Signatory: ____________________________________________________

242
Section VIII - Contract Forms and Annexes

INSTRUCTIONS FOR COMPLETING THE COMPLIANCE WITH SANCTIONS

CERTIFICATION FORM:

The Consultant shall perform the following procedures to verify the eligibility of firms, key
personnel, subcontractors, vendors, suppliers, and grantees, in accordance with Annex B
“Additional Provisions”, Paragraph G “Compliance with Terrorist Financing Legislation
and Other Restrictions”, which is copied below for convenience.

Based on the results of these eligibility verifications, the Consultant shall provide the applicable
certification in the attached certification form. Note that for the purposes of this certification,
Consultants are only required to submit detailed back-up documentation about the eligibility
verifications together with their certification form if the Consultant identifies adverse or negative
results. If not, Consultants are free to mark the certification form accordingly and submit it to
the appropriate recipient (although the Consultant must maintain records per the instructions
below).

The Consultant shall verify that any individual, corporation, or other entity that has access to or
is (or would be) a recipient of MCC Funding, including Consultant staff, consultants, sub-
contractors, vendors, suppliers, and grantees, is not listed on any of the following (or, in the case
of #8 below, is not a national of, or associated in, any country appearing on such list):

1. System for Award Management (SAM) Excluded Parties List -

[Link]
2. World Bank Debarred List - [Link]
3. US Treasury, Office of Foreign Assets Control, Specially Designated Nationals (SDN)
List - [Link]
4. US Department of Commerce, Bureau of Industry and Security, Denied Persons List -
[Link]
5. US State Department, Directorate of Defense Trade Controls, AECA Debarred List -
[Link]
id=ddtc_kb_article_page&sys_id=c22d1833dbb8d300d0a370131f9619f0
6. US State Department, Foreign Terrorist Organizations (FTO) List -
[Link]
7. US State Department, Executive Order 13224 - [Link]
13224/
8. US State Sponsors of Terrorism List - [Link]

In addition to these lists, before providing any material support or resources to an individual or
entity, the Consultant will also consider all information about that individual or entity of which it
is aware and all public information that is reasonably available to it or of which it should be
aware.

243
Section VIII - Contract Forms and Annexes

Documentation of the process takes two forms. The Consultant should prepare a table listing
each staff member, consultant, sub-contractor, vendor, supplier, and grantee working on the
Contract, such as the form provided below.

Date Checked
1 2 3 4 5 6 7
Parties List
SAM Excluded
Debarred List
World Bank

SDN List
List
Denied Persons
Debarred List
AECA

FTO List
Order 13224
Executive
Eligibl
Name e (Y/N)
Consultant (the firm
itself)
Staff Member #1
Staff Member #2
Consultant #1
Consultant #2
Sub-Contractor #1
Sub-Contractor #2
Vendor #1
Supplier #1
Grantee #1

The Consultant should list the date on which the search was conducted using each eligibility
verification source, and whether the staff member, consultant, sub-contractor, vendor, supplier, or
grantee was determined to be eligible – that is, did not show up on any of the eligibility
verification sources.

In addition, 1. SAM Excluded Parties List, 3. SDN List, and 5. AECA Debarred List are
searchable databases that return a positive or negative search results page upon submission of a
name to be searched, in order to document the eligibility, the Consultant should print out and
retain for each staff member, consultant, sub-contractor, vendor, supplier, or grantee the search
results page for each eligibility verification source, which should read, “Has Active Exclusion?
No” or “No records found.” (in the case of SAM Exclusion List), “Your search has not returned
any results.” (in the case of SDN List), or “No records in Statutorily Debarred Parties using that

244
Section VIII - Contract Forms and Annexes

filter” or “No records in Admin Debarred Parties using that filter” (in the case of AECA
Debarred List). In the case of 2. World Bank Debarred List, Table 1: Debarred & Cross-Debarred
Firms & Individuals will display a blank field that indicates no matching records have been
found. For 4. Denied Persons List, 6. FTO List, and 7. Executive Order 13224, there is no
searchable database provided, so the Consultant will review each static list and confirm it does
not name the firms or individuals identified in the table above.

If an adverse record(s) has/have been found for one or more individuals or entities, including for
the Consultant itself, the Consultant must conduct additional research to determine whether the
finding is a “false positive” (such as an individual whose name matches the name of an
individual listed on a sanctions list, but is a different person). If it is a false positive, the
Consultant will mark the staff member, consultant, sub-contractor, vendor, supplier, or grantee as
eligible, and retain the research confirming that eligibility.

If, any of the Consultant’s personnel, consultants, sub-contractors, vendors, suppliers, or grantees
are found to be ineligible at this stage, the MCA Entity will determine whether it is possible
under the circumstances to allow the Consultant to make a substitution. This determination will
be made on a case by case basis and will require approval by MCC regardless of the estimated
value of the proposed contract.

In addition, in accordance with MCC Program Procurement Guidelines P1.A.1.9(d), the

Consultant must ensure that MCC Funding is not used for goods or services from a country, or
from a firm that is organized in or has its principal place of business or a significant portion of its
operations in a country, that is subject to country-based sanctions or other restrictions under the
law of the United States, including U.S. designated State Sponsors of Terrorism
([Link]

All of these documents must be retained by the Consultant as part of the overall record of the
Contract with the MCA Entity for the duration of the Contract, and for the further period after the
Contract expiration that is required for document retention under the Contract (typically five
years after the expiration date of the Compact Program or Threshold Program). Access to these
documents must be provided to the MCA Entity, MCC, or their designees in accordance with the
access provisions of the Contract, and to the USAID Office of Inspector General (responsible for
oversight of MCC operations), upon request.

245
Section VIII - Contract Forms and Annexes

Annex B “Additional Provisions,” Paragraph G “Compliance with Terrorist Financing

Legislation and Other Restrictions”

1. The Contract Party, to the best of its current knowledge, did not provide, within the previous
ten years, and will take all reasonable steps to ensure that it does not and will not knowingly
provide material support or resources (as defined below) directly or indirectly to, or
knowingly permit any funding (including without limitation MCC Funding) to be transferred
to, any individual, corporation or other entity that such Party knows, or has reason to know,
commits, attempts to commit, advocates, facilitates, or participates in any terrorist activity, or
has committed, attempted to commit, advocated, facilitated or participated in any terrorist
activity, including, but not limited to, the individuals and entities (i) on the master list of
Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of
Treasury’s Office of Foreign Assets Control, which list is available at
[Link]/offices/enforcement/ofac, (ii) on the consolidated list of individuals and
entities maintained by the “1267 Committee” of the United Nations Security Council, (iii) on
the list maintained on [Link], or (iv) on such other list as the MCA Entity may
request from time to time.

For purposes of this provision:

a) “Material support and resources” includes currency, monetary instruments or other

financial securities, financial services, lodging, training, expert advice or assistance, safe
houses, false documentation or identification, communications equipment, facilities,
weapons, lethal substances, explosives, personnel, transportation, and other physical
assets, except medicine or religious materials.

b) “Training" means instruction or teaching designed to impart a specific skill, as opposed to

general knowledge.

c) “Expert advice or assistance" means advice or assistance derived from scientific,

technical, or other specialized knowledge

2. The Contract Party shall ensure that its activities under this Agreement comply with all
applicable U.S. laws, regulations and executive orders regarding money laundering, terrorist
financing, U.S. sanctions laws, restrictive trade practices, boycotts, and all other economic
sanctions promulgated from time to time by means of statute, executive order, regulation or
as administered by the Office of Foreign Assets Control of the United States Treasury
Department or any successor governmental authority, including, 18 U.S.C. Section 1956, 18
U.S.C. Section 1957, 18 U.S.C. Section 2339A, 18 U.S.C. Section 2339B, 18 U.S.C. Section
2339C, 18 U.S.C. Section 981, 18 U.S.C. Section 982, Executive Order 13224, 15 C.F.R.
Part 760, and those economic sanctions programs enumerated at 31 C.F.R. Parts 500 through
598 and shall ensure that its activities under the Contract comply with any policies and
procedures for monitoring operations to ensure compliance, as may be established from time
to time by MCC, the MCA Entity, the Fiscal Agent, or the Bank, as may be applicable. The
Contract Party shall verify, or cause to be verified, appropriately any individual, corporation

246
Section VIII - Contract Forms and Annexes

or other entity with access to or recipient of funds, which verification shall be conducted in
accordance with the procedures set out in Part 10 of the MCC Program Procurement
Guidelines (Eligibility Verification Procedures) that can be found on MCC’s website at
[Link]. The Contract Party shall (A) conduct the monitoring referred to in this
paragraph on at least a quarterly basis, or such other reasonable period as the MCA Entity or
MCC may request from time to time and (B) deliver a report of such periodic monitoring to
the MCA Entity with a copy to MCC.

3. Other restrictions on the Contract Party shall apply as set forth in Section 6.2 of the CDF
Agreement or Section 5.1 of the Compact with respect to drug trafficking, terrorism, sex
trafficking, prostitution, fraud, felony, any misconduct injurious to MCC or the MCA Entity,
any activity contrary to the national security interests of the United States or any other
activity that materially and adversely affects the ability of the Government or any other party
to effectively implement, or ensure the effective implementation of, the Program or any
Project or to otherwise carry out its responsibilities or obligations under or in furtherance of
the CDF Agreement, the Compact, or any Supplemental Agreement or that materially and
adversely affects the Program Assets or any Permitted Account.

247
Section VIII - Contract Forms and Annexes

Annex I: Self-Certification Form for Consultants/Contractors/Suppliers

The below self-certification form should be signed by the Consultant as part of the Contract. This
self-certification declares that the Consultant will only procure goods and materials essential for
the Contract from suppliers that are free of forced and child labor and provide their direct
workers with a safe and hygienic workplace.
------------------------------------------------------------------------------------------------------------
As stipulated in the Contract, the Consultant must comply with the International Finance
Corporation’s Performance Standards on Environmental and Social Sustainability regarding
labor standards and protections. In turn, the Consultant must ensure that their primary suppliers,
i.e., any person or legal entity who provides goods or materials essential for the Contract, do not
use forced and child labor in the production of such goods and materials, and provide the
Consultant’s direct workers with a safe and hygienic workplace.

In acknowledgement of my understanding, I certify that with respect to this contract:

 I understand the requirements in the contract with the MCA-[Name of Country].
 [Name of Consultant] will ensure that all operations undertaken are done in accordance
with the IFC Performance Standards, as described in the Contract.
 [Name of Consultant] does not and will not use forced or child labor, and provides workers
with a safe and hygienic workplace.
 [Name of Consultant] does not and will not procure material or goods from suppliers that
employ forced or child labor.
 [Name of Consultant] will only procure material or goods from suppliers that provide a
safe and hygienic working place for all laborers.
 [Name of Consultant] is committed to equal opportunity and non-discrimination in
workplace practices, and to a respectful workplace that is free from sexual-harassment.
 [Name of Consultant] has a system in place to monitor our suppliers, identify any new and
emerging risks. This system also allows [Name of Consultant] to effectively remedy any
risks.
 Where remedy is not possible for any new risks or incidents, [Name of Consultant]
commits to severing ties with these suppliers.
Record any exceptions to the above here:

248
Section VIII - Contract Forms and Annexes

I HEREBY CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND

CORRECT IN ALL MATERIAL RESPECTS AND UNDERSTAND THAT ANY MATERIAL
MISSTATEMENT, MISREPRESENTATION OR FAILURE TO PROVIDE THE INFORMATION
REQUESTED IN THIS CERTIFICATION MAY BE DEEMED “FRAUD” FOR PURPOSES OF
THE CONTRACT. I CONFIRM THAT I DULY REPRESENT [NAME OF CONSULTANT] AND
HAVE THE LEGAL AUTHORITY TO SIGN.
Authorized Signature: __________________________________ Date: _________________
Printed Name of Signatory:
______________________________________________________________________

249
Section VIII - Contract Forms and Annexes

Annex J: Code of Business Ethics and Conduct Certification Form

In satisfaction of Clause 24.1 of the General Conditions of Contract, this form is to be completed
by the Consultant and submitted for any MCC-Funded Contract 20with a value in excess of
$500,000. This form is to be completed by the Consultant and submitted together with the signed
Contract Agreement.

If the original certification, submitted along with the signed Contract Agreement, is that the
Consultant “has adopted and implemented,” then further submissions will not be required,
except as applicable for subcontracts. If the original certification is that the Consultant “will
adopt and implement,” then a subsequent submission will be required when the Consultant “has
adopted and implemented.”

The form is to be submitted to the MCA Entity Procurement Agent [email address for MCA
Entity Procurement Agent to be inserted here], together with a copy of the Consultant’s code of
business ethics and conduct.

If the Consultant is a joint venture or association, each Member of the joint venture or
association must complete and submit this form, together with their respective code of business
ethics and conduct.

Code of Business Ethics and Conduct Certification Form

Full Legal Name of Consultant: _________________________________________________

Full Name and Number of Contract: _____________________________________________
MCA Entity with which Contract Signed: ________________________________________

As stipulated in GCC 24.1 of the Contract, the Consultant must certify to the MCA
Account Entity that they will adopt and implement a code of business ethics and conduct
within ninety (90) days of Contract award. The Consultant must also include the
substance of this clause in subcontracts that have a value in excess of $500,000.

In satisfaction of this requirement, pursuant to GCC 24.1 of the Contract, I certify that
with respect to this contract:

20 “MCC-Funded Contract” is defined as a contract signed by an MCA Entity or Core Team, as opposed to a
contract signed by MCC, under the provisions of MCC Program Procurement Guidelines, and using funding
provided by MCC, through a Compact Program, a Threshold Program, or 609(g) funding.

250
Section VIII - Contract Forms and Annexes

 [Name of Consultant] has adopted and implemented a code of business ethics

and conduct, a copy of which is hereby submitted together with this certification
form.

OR

 [Name of Consultant] will adopt and implement a code of business ethics and
conduct within ninety (90) days after the date of Contract signature. [Name of
Consultant] will resubmit this certification, together with a copy of the
Consultant’s code of business ethics and conduct, when such code has been
adopted and implemented.

 [Name of Consultant] will include the substance of this requirement in all

subcontracts having a value in excess of $500,000 and will forward all resulting
certifications to [Name of MCA Entity].

I hereby certify that the information provided above is true and correct in all material respects
and understand that any material misstatement, misrepresentation or failure to provide the
information requested in this certification may be deemed “fraud” for purposes of the Contract
between the Consultant and the MCA Entity, the MCC Program Procurement Guidelines, and
other applicable MCC policy or guidance, including MCC’s Policy on Preventing, Detecting and
Remediating Fraud and Corruption in MCC Operations.
Authorized Signature: __________________________________ Date: _________________
Printed Name of Signatory: ____________________________________________________

251