Pre-Proposal_Conference_Presentation.pdf

Information Session

Solicitation #MCC-16-RFQ-0008 Legal Advisory Services

November 4, 2015

Admin Remarks

• Please sign in; if on the conference line, please identify yourself and your company

• No recording devices permitted

• This presentation will be posted on FedBizOpps

• Questions will be accepted at the end of the presentation; if possible, verbal answers will be provided.

All questions and answers provided during this session will be posted on FBO along with the presentation materials.

– Questions should be primarily focused on gaining a better understanding of the RFQ.

Disclaimer

• The purpose of this presentation is to promote a common understanding of MCC’s requirements and to facilitate the RFQ Q&As; it is for informational purposes only.

• Statements or representations made during this presentation are not legally binding. In case of any discrepancy between this presentation and the RFQ document, the specifications in the RFQ shall prevail.

• Only amendments to the RFQ – which would be issued via FedBizOpps – constitute official changes.

Agenda Wednesday, November 4, 2015

11:00 AM – 12:00 PM

875 15th Street NW Ste. 4014

Washington, DC 20005

I. Introduction to MCC II. SOW Overview III. Procurement Schedule IV. Contract Details V. Quote Submission Information VI. Evaluation Factors & Methodology VII. Solicitation Q&As

Who are we?

MCC is an innovative and independent U.S. foreign assistance agency that is helping to lead the fight against global poverty.

How MCC is different …

• Competitive Selection

• Country-led Solutions

• Country-led Implementation

• Focus on Results

Where are we?

Compact and Threshold Signing for FY 2015:

Liberia, Benin II, Morocco II, Tanzania II, Sierra Leone, and Guatemala 7

Compacts and Threshold Programs

Compacts are multi-year agreements between MCC and a country to fund specific programs targeted at reducing poverty and stimulating economic growth.

Threshold Programs are smaller-scale grants awarded to countries that may not qualify for compact funding but are firmly committed to improving policy performance.

SOW Overview – Legal Advisory Services

Services required in support of MCC’s review, negotiation, implementation, oversight and closeout of MCC-funded programs, e.g.,:

• Review of program proposals received from MCC-eligible countries;

• Legal due diligence on the components and sectors identified in program proposals;

• Negotiation, drafting, implementation, oversight and closeout of compacts, and possibly threshold program agreements, and related agreements with selected countries;

• Monitoring of programs funded under compacts, and possibly threshold program agreements; and

• Identification, selection and management of local legal counsel located in MCC partner countries.

Task 1 Overview –

• Task 1: Assist MCC in Selection of Local Counsel

– Identify and propose local legal counsel in eligible countries;

– Engage such local counsel (if requested by MCC) ;

– Work with, supervise and manage (including related to billing matters) local counsel; and

– Identify and advise MCC on the resolution of legal issues related to the proposed assistance program, e.g.,

• Formation of legal entities;

• Legal risks associated with the proposed projects described in the eligible country’s proposal for assistance;

• Validity and enforceability of agreements between and among MCC, the eligible country’s Government and other implementing entities or parties organized or existing in-country for the proposed assistance program’s implementation;

• Execution, approval and ratification of the compact or threshold program agreement and supplemental agreements; and

• Other matters of local law that may arise during the implementation and eventual closeout of the executed compact or threshold program agreement and other related agreements, on an as-needed basis.

Task 2 Overview –

• Task 2: Negotiation, Implementation, Oversight and Close-Out of Compacts, Threshold Program Agreements and Other Agreements

– Perform legal due diligence;

– Identify and propose solutions to legal impediments to the compact’s or threshold program agreement’s treatment as an international agreement;

– Advise MCC on the resolution of legal issues related to the implementation structure of the proposed program;

– Assist MCC with the legal structuring, as well as the drafting and negotiation, of program agreement and other related agreements and contracts;

– Advise and assist with other matters that may arise during the development, implementation, oversight and eventual closeout of the executed compact or threshold program agreement and other related agreements, on an as-needed basis.

Task 3 Overview –

• Task 3: Legal Research, Advice and Training on Development Assistance Legal, Policy and Operational Issues

– Power, water supply and sanitation, and other infrastructure sectors, including both policy and project specific matters;

– Project finance and other complex transactional structures;

– Principal forms of construction contracts employed internationally (e.g. FIDIC form documents);

– International construction claims and dispute resolution, as well as claims and dispute resolution related to other forms of contracts;

– International transactions involving intellectual property and technology;

– Legal reform;

– Establishing public-private partnerships; and

– Areas of law related to MCC’s mission not contemplated at the time a contract is awarded.

Procurement Schedule

• RFQ Released: October 21, 2015

• Question Deadline: October 27, 2015 / 12:00 PM ET

• Information Session: November 4, 2015

• Quotes Due: November 16, 2015 / 2:00 PM ET

Contract Details

• Establishment of an IDIQ contract will provide MCC with a quick and efficient way to procure Legal Advisory Services.

• FFP, Time-and-Materials (T&M), and/or Labor-Hour Task Orders will be issued for specific requirements.

• MCC intends to make a single award; however, we reserve the right to make multiple awards based on geographic, sector, or other categorization.

• In the case of multiple awards, “fair opportunity” will only apply if a new requirement cannot be categorized into an existing category.

Contract Details

• Contract will be awarded in accordance with FAR Part

13 – Simplified Acquisition Procedures

• Period of Performance

– Effective from date of award for a period of 5 years

– Services on issued Task Orders may extend beyond the contract’s effective period

• Place of Performance

– Either at contractor facilities or at a designated location as specified in the task order

• Anticipated award date: 12/21/2015

• Minimum Guaranteed Amount: $2,500

• Ceiling Amount: $5.75 million

Quote Submission – Format

• Cover Letter including:

– Company POCs

– Acknowledgement of all RFQ amendments (if applicable)

– Statement agreeing to solicitation terms, conditions, and provisions

• Volume I: Technical Capability

– Page limit: 30 pages, excluding CVs (CVs limited to 3 pages)

– Volume I shall consist of two sections:

1) Management Approach, Organizational Chart & Staffing Plan

2) Technical Approach

Quote Submission – Format

• Volume II: Past Performance

– Page limit: 6 pages

– Must include information on at least three recent (within the past 3 years) and relevant work assignments in the matrix format provided at Section L.3.2

• Volume III: Price

– No page limit

– Price quote shall be submitted in MS Excel in the format prescribed in

Attachment J-2.

• Hourly rates shall reflect a fully-loaded labor rate (i.e., including wages, overhead, general and administrative (G&A) expenses, and profit).

– Supporting narrative shall be in MS Word or PDF format

• Specific formatting requirements may be found at Sections L.2.1 and L.2.2 17

Quote Submission

• Quote must:

– Be submitted no later than November 16, 2015 at

2:00 PM EST

– Be delivered electronically to:

• Ms. Regina Maxwell (maxwellre@mcc.gov)

• Ms. Jackie Naranjo (naranjoj@mcc.gov)

Quoters are strongly encouraged to offer their best terms, as there may be no additional opportunities for Contractors to revise their pricing submissions or offer further discounts prior to contract award.

Evaluation Factors

The following factors will be used to evaluate quotes:

1) Technical Capability

• Sub-Factor 1: Management Approach, Organizational

Chart & Staffing Plan

• Sub-Factor 2: Technical Approach

2) Past Performance

3) Price

Factors are listed in descending order of importance.

Evaluation Methodology

• MCC intends to award to the responsible Contractor whose quote represents the best value to the Government, price and non-price factors considered.

• Per Section M.3 of the RFQ, the process of identifying the best value quote may involve communications with only one or only some offerors. At its discretion, MCC may seek quote revisions from only one or only some offerors.

Questions?

Solicitation Q&As Q1. On what will MCC base its decision regarding the type of payment structure to be used for a specific Task Order (i.e. when does it anticipate using Time & Materials, Firm fixed Price or Hourly payments)?

R1. The contract type will be determined at the Task Order level based on the nature of the requirement.

Q1a. Would the Firm Fixed Price require a breakdown of costs included in the Firm Fixed Price bid?

R1a. Again, contract type will be determined at the Task Order level and price proposal instructions will be provided in the Task Order solicitation. In the case of a firm-fixed price requirement, MCC reserves the right to request a cost breakdown to demonstrate how the firm-fixed price was derived.

Q1b. Does MCC anticipate that the most likely type of payment structure will be the firm fixed hourly rate payment approach, with firm caps on legal services and disbursements by category?

R1b. Under the current vehicle, most Task Orders have been time-and-materials (T&M). However, MCC will specify the contract type at the Task Order level for each new task order. 22

Q2. Does the section on p. 64 of the RFP which states: “Successful firms are advised that they would not be eligible for award of a contract (funded by a MCA out of the proceeds of a Compact) to implement a specific project for which they provided development, assessment, evaluation or monitoring services to MCC or the eligible country hereunder” only prevent a Quoter from being paid by MCC for any subsequent implementation work?

R2. This prohibition relates to receiving a contract award from an Accountable Entity (a Millennium Challenge Account (MCA)) for which the contractor provided development, assessment, evaluation or monitoring services to the MCC. If a contractor advises MCC on a project, then that contractor may not receive a contract from an Accountable Entity (an MCA) for the same project if the Accountable Entity is funded by an MCC Compact.

In other words, a contractor that advises MCC with respect to a compact cannot then be engaged by an MCA to advise on or perform work on any project that is funded by MCC under that compact. The concern is that there may be a potential conflict of interest if, for example, MCC and the MCA disagree on some aspect of the project’s implementation. See Section 6 of the Policy on Engagement of Outside Legal Counsel found in Section J.3, Attachment 3. 23

Q2a. In other words, can the Quoter work on a follow-on project if the work is paid for by another agency or international financial institution?

R2a. Yes. MCC does not have any authority over other agencies or financial institutions.

Q3a. Section F.4 includes new standardized Reporting Requirements. It notes that the Task Order will be submitted to the COR with a copy of the cover page only to the Contracting Officer. Will a MCC Office of General Counsel attorney serve as COR?

R3a. The contract-level Contracting Officer’s Representative (COR) will be appointed upon contract award. At the task order level, MCC may assign a different COR and/or Project Manager (PM).

Q3b. Will the same system apply to the Contract Level Reports?

R3b. Yes; however, the last sentence of Section F.4.2 will be revised to read as follows: “All reports will be provided to the COR, with a copy to the Contracting Officer.”

Q4a. Section F.4.1 Contract Level Reporting requirements requires a yearly report on each Task Order awarded, to be used to track overall work by the Contractor and manage level of effort and ceiling. Will this report treat only financial information on Task Order authorized expenditures and actual amounts invoiced and in process, or will it have a substantive component?

R4a. MCC will provide a template to the Contractor for the contract-level yearly report. Data fields may include:

- Contract number -Total obligated amount -Task Order number -Period of performance -Location/country of performance -Total expended/invoiced amount -Total remaining balance -Task Order ceiling value -Contractor POC information

MCC expects that most of the data for this annual report can be pulled from the most current invoice for each task order (see RFQ Section G.2 for invoice content requirements); we do not expect this to be a “substantive” task.

Q4b. Will a template form be provided as part of the Task Order, applicable generally to all Task Orders, or will Contract Level Report components be customized by Task Order by the MCC Compact Team?

R4b. The contract-level report will be one consolidated report listing all task orders issued against the IDIQ contract. A template will be provided by MCC.

Q4c. Will the Contractor be authorized to bill for time required to prepare the Contract Level Reporting?

R4c. No.

Q5a. Section F.4.2 Task Order Level Reporting provides for submission of Task Order Reports as defined in the Task Order. Will a template report form be provided, or specific criteria in the Task Order?

R5a. As stated at Section F.4.2, reporting requirements for each task order will be specified at the task order level. Report templates may be provided by MCC.

Q5b. Will the Contractor be authorized to bill for time required to prepare the Task

Order Level Reporting?

R5b. Maybe. If permitted by the task order solicitation, the Contractor may propose associated costs for complying with task order level reporting requirements (as defined in the task order solicitation). If MCC accepts the Contractor’s cost proposal then they would be permitted to bill for this expense.

Q5c. How will the estimated report preparation time be anticipated and included in the development of proposed Task Order expenditure levels annually by MCC?

R5c. Again, reporting requirements for each task order will be specified at the task order level. At that time, if applicable, the Contractor may estimate and propose report preparation costs in their quote.

Q5ci. Will the Contractor be asked to estimate time for preparation or assigned a standard cap on level of effort?

R5ci. Task order reporting requirements will be specified at the task order level. Any associated level of effort will be addressed at the task order level.

Q6. Combined Synopsis/Solicitation page 1, item (viii) provides several Evaluation criteria, including Technical Capability, Past Performance and Price. Will each of the three factors be weighted equally?

R6. In accordance with Section M.2 of the RFQ, the evaluation factors are listed in descending order of importance.

Q7. Are the three incumbent contractors eligible to bid on this opportunity?

R7. Yes

Q8. What has been the CPARS evaluations of the three incumbent contractors?

R8. Past Performance evaluations of contractors are not available to the general public.

Q9. Does citizenship of contractor personnel in a threshold or compact country constitute a conflict of interest for MCC?

R9. No.

Q10. Does the engagement of outside counsel listed in Attachment 4 preclude their replacement if the successful bidder wishes to recommend other counsel?

R10. No.

Q11. Are outside counsel customarily engaged for threshold countries as well as for compact countries?

R11. MCC has not directly engaged outside counsel for countries in our threshold program; however, there may be opportunities to do so in the future.

Q12. Do all individuals proposed have to be full time lawyers supporting the contract or part time attorneys, possibly contracted out through subcontractors and independent contractors?

R12. The Contractor may propose its preferred staffing approach. Ultimately, the contractor will be responsible for all work performed under the contract, whether by full- and/or part-time attorneys, subcontracted attorneys, etc.

Q13. How are you defining partners?

R13. A partner is defined as a senior attorney recognized as having a level of expertise and authority within the company, and usually a person with an ownership stake in the firm.

Q13a. Does the person have to be an owner in the firm or a senior individual capable of supporting the contract (such as a legal professor?)

R13a. Please refer to Questions 12 and 13.

Q14. We would like to request a three (3) week extension on the response date because of the holiday weekend and complexity of the work requirements in the solicitation.

R14. At this time, MCC will not be extending the response date of this solicitation.

Q15. Do you anticipate awarding one or more contracts before the end of the year?

R15. Yes, MCC anticipates awarding one or more contracts for this requirement before the end of the calendar year.

Q16. The current IDIQs expire in December, is there likely to be an extension to “fill the gap”?

R16. If the new contracts are awarded before the current contracts expire which is the plan, per Question 15 – then MCC does not anticipate extending the current contracts.

Q17. Is this solicitation geared towards traditional law firms? Or is there room for an independent practitioner with ample international/transactional experience to consult for/serve the MCC?

R17. This solicitation is not geared toward any one type of contractor, as long as the contractor can provide the breadth of services called for in the SOW.