RFP Legal Counsel Services Solicitation (Seychelles Somalia Kenya) v3.pdf

EMBASSY OF THE UNITED STATES OF AMERICA

NAIROBI, KENYA

July 15, 2026.

Dear Prospective Offeror, Requirement Title: Request for LEGAL SERVICES- Employment Law (Seychelles, Somalia, Kenya)

Purchase Request Number: RFP 19KE5026R0002

Solicitation Opening Date: Thursday July 16, 2026, at 8.00am EAT

Action Required:

▪ Review the attached Statement of Works (SoW) & Purchase Request (PR) and prepare your proposal in accordance with the requirements.

The U.S. Government intends to award a contract/purchase order/Blanket Purchase agreement

(BPA) to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract/purchase order/BPA based on initial proposals, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

Proposals are due on Thursday July 30, 2026 at 4.00pm. No proposals will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

Submission Instructions:

1. Submit your proposal/quotations/bids strictly to: nairobigsofp@state.gov

2. Do not send your submission to any other email address or copy (cc) any other recipients.

Submissions not sent exclusively to nairobigsofp@state.gov will be disqualified.

3. Clearly state the PR/Solicitation number and requirement title in the subject line of your email as follows:

“19KE5026R0002 Request for LEGAL SERVICES- Employment Law (Seychelles, Somalia, Kenya)”

The subject line of your attachments is as follows:

“19KE5026R0002 – Technical Proposal See evaluation Criteria.

“19KE5026Q0066 – Financial Proposal See section 10 Employment Law Legal Services

Pricing Chart (Sample)

4. Direct all other queries regarding this solicitation to NairobiGSOContracts@state.gov

5. It is important to make sure the submission is made in specific size and format; in MS-

Word 2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file mailto:nairobigsofp@state.gov mailto:nairobigsofp@state.gov mailto:NairobiGSOContracts@state.gov

Requirement Title: Request for LEGAL SERVICES- Employment Law (Seychelles, Somalia, Kenya) Purchase Request Number: PR 16089662

Page | 2 size must not exceed 30MB. If the file size should exceed 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

Sincerely, Leslie Marks

Contracting Officer

Enclosure

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Statement of Work for Legal Counsel Services

1. Background Mission Nairobi (managed by the Human Resources Office) requires legal counsel services with an expertise in employment law who is certified to practice in the following countries: Mogadishu, Seychelles, and Kenya. This should be a retainer/ BPA arrangement where we pay for services as they are used, with a minimum one-year commitment.

2. Objective The objective of this engagement is to obtain qualified legal counsel to advise and represent the Department in connection with employment matters (policy, strategic action, local labor guidance) within the defined countries.

3. Scope of Work The contractor shall:

1. Legal Analysis & Advice — Provide written and oral legal opinions, memoranda, and recommendations on matters related to employment law.

2. Document Review & Drafting — Review, draft, and revise legal documents, contracts, agreements, pleadings, and correspondence as required.

3. Representation — Represent the Department in negotiations, administrative proceedings, litigation, and/or arbitration as needed.

4. Research — Conduct legal research on applicable statutes, regulations, case law, and international law relevant to the matter.

5. Reporting — Provide regular status updates and written reports to the COR on the progress of all assigned matters.

6. Coordination — Coordinate with Department attorneys, program officers, and other stakeholders as needed.

4. Period of Performance (POP)- Anticipated September 1, 2026, through August 31, 2027

5. Place of Performance Work shall be performed primarily at the contractor's offices, with majority of communication via email and phone.

6. Deliverables

Deliverable Description Due Date / Frequency

Legal Memoranda

Written legal opinions on assigned matters As requested/ monthly

Status Reports Summary of active matters and progress As requested/ monthly

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Drafted Documents

Contracts, pleadings, agreements, etc. As requested/ annually

Final Report Summary of all work performed at close of engagement

30 days prior to end of period

7. Contractor Qualifications The contractor shall demonstrate:

• Have a physical location in Nairobi, Kenya

• Demonstrated experience and expertise in employment law, including a solid understanding of local labor laws, their interaction with U.S. labor laws, and the obligation of diplomatic missions under local labor law

• Designated English-speaking Point of contact with committed response time and the ability to explain labor law in a clear manner to a layperson

• Active legal credentials and good standing with country-specific credentialing organizations

• Demonstrated experience working with diplomatic missions or international organizations

• History of successful legal practice; minimum 10 years’ experience in employment law

8. Government-Furnished Resources The Department will provide:

• Access to relevant case files, documents, and records

• Points of contact within the Department

9. Confidentiality & Conflicts of Interest The contractor shall maintain strict confidentiality of all Department information and shall promptly disclose any actual or potential conflicts of interest to the COR. All work product is the property of the U.S. Government.

10. Employment Law Legal Services Pricing Chart (Sample)

Service / Case Type Billing

Method

Typical

Price

Range

Key Factors (Sample)

Initial Consultation Flat Fee or Free

Amount varies based on lawyer expertise and case complexity. Often credited toward future work.

Document/Contract

Review Flat Fee

Includes non-competes, severance packages, and standard employment contracts.

Contract Drafting Flat Fee Depends on the complexity of the clauses and executive status.

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Hourly Representation Hourly Rate

Retainers typically range from ……to

…… upfront depending on the scope of work.

Agency Charge (EEOC) Flat Fee or

Hourly

Costs are driven by document volume and the preparation of required position statements.

Wrongful Termination /

Discrimination

Contingency or

Hourly Contingency fees typically take ….% to …% of the settlement or judgment.

11. Invoicing & Payment Invoices shall be submitted monthly or upon completion of milestones to the Contracting Officer Representative (COR), and shall include a detailed description of services rendered, hours worked, and applicable rates.

The Government will not reimburse the Contractor for Value Added Tax (VAT) under this contract. All taxable supplies (goods and services) to the United States Embassy in Kenya are exempt from Value Added Tax. See the VAT Act, 2013, 2nd Schedule, Part B ‘Zero Rates Supplies to Public Bodies, Privileged persons and Institutions’, para (3). Vendors are therefore required to present invoices without a tax element, i.e., indicate 0% VAT on all invoices. The Purchase Orders or Contracts issued by the United States Embassy will serve as the basis for Zero Rating when vendors are accounting for VAT with the Kenya Revenue Authority.

Invoices should be sent electronically to the COR and Attn: FMO

Kindly submit the invoice in my ILMS.

See below instructions.

The Embassy is pleased to inform you that we recently rolled out an online based

Invoicing platform that amongst other things enables you to;

• Submit your Invoice online.

• Track Realtime the status & progress of your Invoice.

• Get updates upon final approval.

• View all orders currently awarded to your company.

To access the system:

1. Create a user account using the following link, https://mygrants.servicenowservices.com/ and click on create an account.

2. Download the Okta Authenticator app to your smartphone. You will need this app to access my ILMS portal. The app is free to download.

Kindly create your online account it’s the only way we are accepting Invoices moving forward.

Payment shall be made in local currency by Electronic Funds Transfer (EFT) within 30 days after receipt of the proper invoice https://mygrants.servicenowservices.com/

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12. Evaluation Criteria- Legal Resources

We are seeking an expert in local labor law in the countries of Seychelles, Somalia, and Kenya to serve as a source of legal guidance and expert opinion on employment matters and for occasional review and evaluation of internal policy and process.

FACTOR 1: MINIMUM REQUIREMENTS

1. Do you have an English speaking (fluent) point of contact?

pass/fail

2. Please provide copies of your valid/ current legal credentials.

3. In which countries are you approved to practice employment law?

Approved in Seychelles/ Somalia/ Kenya: pass/fail

4. Do you have a physical office in Nairobi?

5. What is your field of legal expertise?

Employment law/ labor relations: pass/fail

6. Are you legally able to provide legal counsel on local labor law, including employment and business practices, policy, compensation, employment contracts, etc, in Somalia, Seychelles, and

Kenya? pass/fail

7. Do you have any other clients for which simultaneously supporting the U.S. Embassy would create a conflict of interest? pass/ Fail

FACTOR 2: CAPABILITY AND PAST PERFORMANCE

8. Do you require a monthly retainer or do you bill as utilized?

9. How long has your practice been operating?

< 2 years:

2-5 years:

>5 years:

10.Do you have prior experience with employment law/ labor relations for government entities?

Please describe.

1-2 clients or smaller clients:

2-5 clients or larger clients:

5+ clients, clients similar in scope to Embassy:

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11.Do you have prior experience with employment law/ labor relations for international organizations? Please describe.

1-2 clients or smaller clients:

2-5 clients or larger clients:

5+ clients, clients similar in scope to Embassy:

12.What is your standard response time to requests for policy review?

24 hours:

72 hours:

1 week:

1-2 weeks:

2 weeks+:

13.What is your standard response time to requests for legal guidance?

24 hours:

72 hours:

1 week:

1-2 weeks:

2 weeks+:

14.Please provide professional references/ testimonials, if available?

Yes:

References from government entities:

References from international organizations:

EVALUATION PROCESS

Initial Screening: All proposals will be screened for Factor 1. Proposals failing any item within

Factor 1 will be rejected.

Technical Evaluation: Acceptable proposals will be evaluated against Factor 2 and scored accordingly.

Clarifications: Evaluation panel may request clarifications for proposals rated "Could Become

Acceptable with Clarification."