MCC-15-RFQ-0092.docx

FedBizOpps Combined Synopsis/Solicitation Notice

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 R FIDIC Legal Services Training / MCC-15-PLA-0591 20005

MCC-15-RFQ-0092

04-13-2015 N 541611 Millennium Challenge Corporation Contracts and Grants Management Division 875 15th St, NW Suite 200 Washington DC 20005 Regina Maxwell 202-521-3683 MCC Headquarters 875 15th Street NW Washington, DC 20005 http://www.mcc.gov Millennium Challenge Corporation maxwellre@mcc.gov maxwellre@mcc.gov

FIDIC LEGAL ADVISORY SUPPORT SERVICES

MCC-15-RFQ-0092

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information including in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Solicitation number is MCC-15-RFQ-0092 and is issued as a Request for Quotations (RFQ). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-65, Effective January 29, 2013.

1. This acquisition uses the simplified procedures for acquisition of commercial items per FAR 13.5. This is a combined synopsis/solicitation for commercial items prepared, in accordance with (IAW) the format at FAR subpart 12.6.

1. The North American Industrial Classification Systems (NAICS) code is 541611 and the small business size standard is $14 million.

1. FAR Clauses 52.212-1 through 52.212-5 apply to this procurement. The exact text and wording of clauses and provisions may be obtained from the Internet at http://acquisition.gov/far/index.html. The Government contemplates the award of a Firm Fixed Price contract esulting from this solicitation. NOTE: An Addendum to FAR clause 52.212-4 Contract Terms and Conditions-Commercial Items, (Alt I) is attached.

1. The Millennium Challenge Corporation (MCC) is a U.S. Government corporation whose mission is to provide assistance that will support economic growth and poverty reduction in carefully selected countries that demonstrate a commitment to just and democratic governance economic freedom, and investments in their citizenry. For more information on the MCC, please visit www.mcc.gov.

1. THIS ANNOUNCEMENT IS FOR AN INDEPENDENT CONSULTANT AND IS NOT FOR INDIVIDUALS SEEKING EMPLOYMENT DIRECT WITH MCC. PLEASE VISIT: http://www.irs.gov/business/small/index.html FOR INFORMATION REGARDING INDEPENDENT CONTRACTORS. Note: A DUNS number and registration in System for Award Management (SAM) is required.

Description of Services: MCC’s Office of the General Counsel (OGC) requires legal advisory support services regarding the use of the FIDIC Conditions of Contract, the legal interpretation and application of those Conditions, and the best practices of FIDIC Employers in the context of MCC’s and OGC’s review, negotiation and oversight of MCC-funded programs in eligible countries.

1. This combined synopsis and solicitation notice is a request for competitive quotations. Therefore, all quotations received prior to the RFQ closing date will be considered.

1. The Government will award an order to the responsible independent consultants(s) whose quote conforming to this notice represents the best value in terms of technical criteria, past performance and price. All non-price factors (technical criteria and past performance) are more important than price. If options are included, quotes will be evaluated by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise the options(s).

1. Evaluation Factors. Only quotes which meet the mandatory technical evaluation criteria will be considered.

Technical Criteria The consultant shall have the following minimum qualifications:

1. Licensed attorney or otherwise authorized to practice law by a reputable bar or related association (MANDATORY)

1. Minimum of 10 years of professional experience working on FIDIC related contracts, issues and disputes, primarily Red and Yellow book. (MANDATORY)

1. Minimum of 15 years of dispute resolution and/or contract management experience in the areas of civil, transport and infrastructure projects, or similar types of projects (MANDATORY)

1. Minimum of three (3) years as a FIDIC accredited trainer. Experience as a FIDIC adjudicator, or related type experience, preferred. (MANDATORY)

1. Availability to provide training to approximately 40 participants during the first week in May 2015 for two (2) days – up to 16 hours for both days (MANDATORY)

1. Demonstrated experience developing training advisory materials to satisfy Task 1

1. Demonstrated experience providing FIDIC training which includes the analysis of the legal terms and conditions of the forms of contracts contemplated by the services hereunder.

1. Demonstrated experience advising clients or related services on FIDIC contracting issues, such as the resolution of disputes, contract termination, variation orders, and other issues identified

1. Availability to provide training in early May 2015 for two (2) days – up to 16 hours for both days

1. Ability to work in United States and travel to Washington, DC

Past Performance Three (3) professional references for relevant work performed during the past three years.

Price The government will examine the proposed rate for reasonableness.

1. Evaluation Methodology. The Government will perform a comparative analysis of quotes and will assess the advantages and disadvantages of each quote as related to the Evaluation Factors. Multiple awards may be made from this notice and all quotes will be retained and may be utilized for requirements for a period of 6 months.

1. Quote Deadline. Independent Consultants are invited to submit their quotations in response to this notice by 2:00 pm Eastern Standard Time (EST), April 14, 2015.

Only e-mailed requests for additional information will be accepted at maxwellre@mcc.gov by 2:00 pm EST on April 9, 2015. Quotations submitted in response to this notice shall include the solicitation number AND description in the subject line and be signed, dated and submitted via email to maxwellre@mcc.gov. The maximum file size is 10mb.

1. Quote Submission. The Individual Consultant shall submit the following document:

11. Technical: (1) Cover letter that addresses all technical criteria as listed in this solicitation; include writing sample (25 page maximum); (2) Curriculum Vitae (25 page maximum)

11. Past Performance: Three professional references

11. Price: Bio-Data Form which includes the independent consultant’s proposed rate and salary history (form attached).

1. FAR 52.212.3, Offeror Representations and Certifications - Commercial Items shall be required from the selected consultant, prior to the time of award.

1. There are no additional contract requirements(s) necessary for this acquisition other than those consistent with customary commercial practices.

1. See attached documents: Statement of Work; Addendum to FAR Clause 52.212-4, (Alt I); MCC Bio-Data Sheet.

STATEMENT OF WORK

CONSULTANT SERVICES

FIDIC Legal Advisory Support Services

1. INTRODUCTION

The Millennium Challenge Corporation (MCC) is a United States Government Corporation created under Title VI of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004 (P.L. 108-199, Div. D; 22 U.S.C.A 7701). MCC requires FIDIC legal advisory services to support its program of development assistance.

MCC is engaging the countries that have been selected by MCC’s board of directors as “eligible countries” for MCC assistance. MCC has entered into compacts with eligible countries that submitted quality proposals for programs that contribute to economic growth and poverty reduction. MCC is also in the process of overseeing the implementation of compacts already signed.

1. BACKGROUND

MCC has adopted for use International Federation of Consulting Engineers (FIDIC) Conditions of Contract for MCC-funded large works and design-build, and is contemplating adopting such conditions for small works for infrastructure projects. MCC’s Office of General Counsel (OGC) provides advice on the use of the FIDIC conditions of contract to both MCC staff and Millennium Challenge Account entities (MCAs) in our implementing-partner countries. More about MCC and the MCAs may be found at the MCC website, www.mcc.gov.

1. SCOPE

MCC’s OGC requires legal advisory support services regarding the use of the FIDIC Conditions of Contract, the legal interpretation and application of those Conditions, and the best practices of FIDIC Employers in the context of MCC’s and OGC’s review, negotiation and oversight of MCC-funded programs in eligible countries.

The Contractor shall provide advice and training to OGC and other MCC staff, and to MCA legal staff, in the legal use and interpretation of the FIDIC Conditions of Contract for Construction (Red Book), Conditions of Contract for Plant and Design-Build (Yellow Book), and Short Form of Contract (Green Book) and in the best practices of FIDIC Employers. This advice and training should focus on the Red and Yellow Books, and only focus on the Green Book to the degree that the Green Book possesses significant deviations from the legal terms concerning enforceability, variations or amendments, breach, termination and dispute resolution, in particular when compared to the Red Book. The advice and training should also consider, examine and advise on the application of MCC’s Conditions of Particular Application, as included in its Standard Bidding Documents for Large Works and Design-Build on the MCC website.

The legal advisory services training will occur in Washington, DC. The legal advisory services training shall be delivered through a combination of classroom lectures and exercises requiring participation by class attendees, as well as question and answer sessions with OGC. The instruction will be delivered in English. Services hereunder shall primarily be provided by a Senior Counsel, who may be assisted on a limited basis by junior counsel or an assistant, as such introduces cost savings but does not detract from the overall quality and goals for the Tasks hereunder.

1. TASKS

The consultant’s assignments may include the following:

Task 1:

Provide specialized legal training in the different clauses of both the Red Book and Yellow Book FIDIC Contracts. The training is expected to cover courses in the practical use of the FIDIC Conditions of Contract and in the management of contract claims and disputes under FIDIC 1999 contracts. Additionally, the course should review the legal elements of contract management and administrative disciplines under FIDIC 1999 contracts. The legal advisor shall be able to tie the material into the MCC standard bidding documents and Conditions of Particular application (COPAs), which can be found on the MCC website, https://www.mcc.gov/pages/business/guidelines#sbd. In so doing, the legal advisor should focus on the SBD for Consulting Services to assist MCC in ensuring that the Engineer performs as required to ensure on-time and within budget completion of a works or project under the applicable FIDIC contract. The training should also be tailored to address the facts and circumstances under which MCC implements its programs and uses the FIDIC contracts. In preparation for this training, the winning bidder should consult with MCC OGC on the types of contracts, countries, disputes, and related issues in the use of these contracts to tailor the training to address practical issues related to MCC OGC’s work.

The legal advisor shall provide a combined 2-day training, 10-14 hours total in-length, as agreed with MCC, for four core topics, i.e. (a) Practical Use of the Conditions of Contract; (b) Legal Interpretation of the Terms and Conditions; (c) Management of Contract Claims and Disputes, including rights and remedies, and (d) Contract Management and Administration, with a focus on managing the Contractor and Engineer to ensure that the works or project are completed on time and within budget. Additional topics for review and discussion include:

· Rights and authority for an Employer to call on the advance payment guarantee, the performance guarantee, and the retention.

· The obligation of an Employer to provide notice before using the retention funds.

· How to resolve issues that may arise if the parties don't insert a place for arbitration.

· When to amend a contract versus use of a variation order.

· The availability of a no-cost extension.

· Relying on the Conditions of Contract, how to respond to a non-performing contractor to achieve a timely and satisfactory contract completion.

· Termination for Cause versus Termination for Convenience, and how to manage such to ensure a satisfactory result.

The course should focus on the legal elements of how such terms may be interpreted or enforced either by a dispute adjudication board, arbitrator, or courts of law where MCC operates or may operate, including interpretation in both common law and civil code jurisdictions. At the end of the course MCC’s OGC should have increased comfort in interpreting and applying the aforementioned Conditions of Contract with respect to implementing MCC’s programs of assistance.

Proposals should not include costs for photocopying or the preparation of materials to be distributed for advisory services, as MCC will facilitate the preparation and distribution (See Note below Section H.)

Task 2 - Provide follow up legal support advisory services to MCC OGC inquiring about the preparation of contracts for tender or regarding contract claims, disputes, rights, remedies and other administrative claims and issues related to use of these Conditions of Contract, on an as-needed basis. The contractor shall provide continuing legal advisory services and assistance to OGC in support of MCC’s program of assistance to eligible countries selected in accordance with MCC’s authorizing legislation. Legal consulting services shall be provided in response to short-term and long-term task assignments.

1. Conflict of Interest The consultant would be precluded from bidding on work and services (design, assessment, construction and supervision) to be procured by the local MCA accountable entity or using funds advanced under a Compact in the relevant country, unless the consultant submits a mitigation plan sufficient to ameliorate any conflict of interest pursuant to the rules applicable to the procurement process.

Acceptance Criteria

· The deliverables will be evaluated according to the following criteria:

· Thoroughness and timeliness in complying with all of the elements in the tasks specified.

· Quality and clarity of analyses and work produced.

· Timeliness and efficacy of communications with relevant counterparts at MCC, MCA, and other relevant organizations.

· All reports are to be submitted in English in hard and electronic copy (in MS Word), with tables, data and calculations in MS Excel.

1. Period and Place of Performance

All work will be completed between the dates of award (through two (2) 12-month one periods). MCC may extend the contract up to six months depending on MCC continued requirement, consultant’s performance and MCC satisfaction (see Addendum Clause “Increase in Services”). MCC anticipates this level of effort but does not guarantee this level of effort as it may increase or decrease.

The consultant will work from its home office and/or MCC headquarters in Washington, DC.

1. Timing and Reporting All formal communication with MCC, including reports, will be submitted to the COR/PM. The COR/PM for this requirement will be identified via separate correspondence. The COR/PM will have technical responsibility for monitoring the contractor’s performance. The contractor must communicate with the Contracting Officer on all matters that pertain to the Contract terms. Proceeding with the work without proper contractual coverage could result in nonpayment for that work.

1. Subcontracting The consultant is authorized to subcontract data collection, data preparation and related services as needed. The overall costs for subcontracting shall not exceed 25% of the consultant’s total negotiated unloaded direct labor cost.

NOTE: MCC will be responsible for the photocopying of training materials; original materials must be provided to MCC prior to May 1, 2015 in hardcopy and electronic form; materials should not be elaborate or require any special photocopying or presentation needs. The MCC will only be responsible for black and white copying, collation and stapling/binding.