RFQ No 72052724Q00002 Legal Consultant.pdf

Issuance Date: 11-03-2023 Closing Date: 11-20-2023

Closing Time: 2:00 pm, Lima Local Time

VIA ELECTRONIC MAIL

Reference: Request for Quotations (RFQ) No. 72052724Q00002 Legal Consultant Services to support Servicio Nacional Forestal y de Fauna Silvestre - SERFOR

Dear Sir/Madam:

The U.S. Agency for International Development/Peru (USAID/Peru) requests quotations from individuals for the provision of the services described in Attachment 1 – Statement of Work.

The solicitation is prepared in accordance with Federal Regulation Acquisition (FAR) Part 13 and as supplemented with additional information included in this notice.

When preparing your quotation, please consider the following:

1. A Firm Fixed Price (FFP) Purchase Order is anticipated as a result of this RFQ. The submission of your quotation does not constitute automatic selection.

2. The Award will be made on a best value basis. “Best value” means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement, price included.

3. The quote range is expected to be from $15,000 to $30,000.

4. Evaluation of quotes received will be conducted in accordance with the Evaluation Criteria contained under Attachment 3.

5. Confirm availability for a contract start date on/around December 1 , 2023.

Quotes in response to this RFQ must addressed to Andre-Guy Soh, be submitted to limasolicitations@usaid.gov with a copy to Ms. Monica Ortega, Acquisition and Assistance (A&A) Assistant, at moortega@usaid.gov, no later than Monday, November 20, 2023, 2:00 pm (Lima local time).

mailto:limasolicitations@usaid.gov mailto:moortega@usaid.gov

RFQ No. 72052724Q00002

The United States Government (USG) reserves the right to reject any or all offers received. This letter does not constitute an award commitment on the part of the USG, nor does it commit the USG to pay for the costs incurred relative to the preparation and submission of a quotation.

Thank you for your consideration of this USAID initiative.

Sincerely, Regional Contracting Officer USAID/Peru

Enclosures: Attachment 1. Statement of Work Attachment 2. Instructions for Quote Preparation Attachment 3. Selection Criteria Attachment 4. Solicitation Provisions

ATTACHMENT 1

STATEMENT OF WORK

I. TITLE:

Legal Consultant Services to support Servicio Nacional Forestal y de Fauna Silvestre – SERFOR

II. PERIOD OF PERFORMANCE:

The period of performance is up to six (6) months.

III. BACKGROUND:

SERFOR, according to the article 7 of Legislative Decree No. 1319, is empowered to suspend administrative procedures in charge of forestry and wildlife authorities or stop actions that affect or put at risk the sustainable use or conservation of forestry and wildlife heritage, if Identifies non-compliance with forestry and wildlife legislation. SERFOR may establish measures aimed at safeguarding the forestry and wildlife heritage and must send communication to the competent authorities in administrative, civil and criminal matters, if applicable, so that they can determine the corresponding responsibility.

However, there is still no regulation of this legal norm that allows identifying the procedure and the cases in which SERFOR will exercise this power to suspend administrative procedures in charge of the regional and wildlife authorities; as well as identify what measures SERFOR can determine to protect forestry and wildlife heritage.

In this sense, it is required to have a legal consultant who develops the regulatory framework taking into account the considerations and processes (see Annex 01) established in Supreme Decree No. 063-2021-PCM.

IV. OBJECTIVE

Hire the services of a lawyer to coordinate the review, comprehensive legal analysis and preparation of a draft supreme decree that will regulate the implementation of article 7 of Legislative Decree No. 1319, regarding the protection of forestry and fauna heritage wild.

V. SCOPE AND DESCRIPTION OF THE SERVICE

a) Prepare a work plan considering the provisions of Supreme Decree No. 063-2021-PCM that approves the Regulation that develops the institutional framework that governs the process of improving regulatory quality and establishes the “General Guidelines for the application of the Analysis of Ex Ante Regulatory Impact”, the Manual for the Application of the Ex. Ante

Regulatory Impact Analysis approved by Ministerial Resolution No. 151- 2021-PCM, as well as the complementary regulations.

b) Coordinate the participation of professionals and technical teams from the General and Line Directorates of SERFOR for the review, evaluation, and legal analysis process on the regulation of article 7 of Legislative Decree No. 1319 referring to the precaution of forestry and wildlife heritage.

c) Coordinate and collect information with public sector entities at the national level such as MEF, MINAM, OSINFOR, SERNANP and at the regional level such as Regional Governments.

Likewise, with civil society actors such as grassroots social organizations, indigenous organizations such as AIDESEP and CONAP and non-governmental organizations. This coordination would occur when appropriate and in accordance with the Supreme Decree No. 063-2021-PCM.

d) Develop component 1 of the Impact Regulatory Analysis (AIR, in Spanish): context analysis, identification of those affected, and define the problem that will be addressed with the regulation of article 7 of Legislative Decree No. 1319, as well as its causes and consequences.

e) Develop component 2 of the AIR: Identification and development of the objective(s) consistent with the analysis of the identified public problem.

f) Implement component 3 of the AIR: Identification and development of regulatory or non-regulatory alternative solutions.

g) Develop component 4 of the AIR: Evaluation of the impacts of the alternative solutions.

h) Develop component 5 of the AIR: Identification, description and development of implementation and compliance mechanisms.

i) Develop component 6 of the AIR: Identification, description and development of criteria and monitoring and evaluation mechanisms.

j) Conduct early public consultation on the AIR regulation to develop the components of the AIR, as appropriate.

k) Carry out public consultation on the AIR regulatory project with at least the actors mentioned in item c.

l) Systematize the information developed in each component of the AIR and generate the AIR Ex Ante file.

m) Prepare the regulatory project that contains the regulations for the implementation of article 7 of Legislative Decree No. 1319, referring to the protection of forestry and wildlife heritage and that is consistent with the AIR.

n) Prepare the explanatory statement that supports the proposal for a supreme decree for the implementation of article 7 of Legislative Decree No. 1319, referring to the precaution of forestry and wildlife heritage and that is consistent with the AIR, in accordance with the provisions of Supreme Decree N°007-2022-JUS that approves the Regulations of the Framework Law for Legislative Production and Systematization.

VI. SUPPLIER AND/OR STAFF REQUIREMENTS

6.1. Academic training

Professional lawyer qualified, registered, and authorized; with post graduate studies (or a master's degree Preferably) in topics related to forestry and wildlife management, public management and/or environmental development and/or administrative and/or related law.

Individuals must submit a copy of their professional title.

6.2. Overall experience

General work experience of no less than eight (08) years in the public and/or private sector.

Individuals must submit a copy of a work certificate or other document in the case of the private sector and with service orders or contracts with their respective proof of service provision.

6.3. Specific experience

Minimum specific work experience of 04 years in institutions, programs and projects in legal advice or training in forestry and/or environmental issues. Individuals must submit a copy of the work certificate or other document in the case of the private sector and with orders of service or other contracts with their respective proof of service provision.

VII. Place and Period of Execution

The place of service will be at the premises of the National Forestry and Wildlife Service, located at Av. Javier Prado Oeste Nº 2442, Urb. Orrantia, Magdalena del Mar – Lima.

The service is performed in person, and exceptionally, it may be provided remotely and at the contractor's home. For this purpose, the computer equipment and/or technological resources required to perform the service will be assumed by the consultant.

The term of execution of the service will be provided in one hundred and eighty (180) calendar days, counted from the day following the date of notification of the Service Order.

VIII. Deliverables

First Deliverable

Up to thirty (30) calendar days, counted from the day following the date of notification of the Service Order. The contractor must present:

● A work plan for the implementation of the Ex. Ante

Regulatory Impact Analysis, socialized to incorporate improvements with the general directorates of SERFOR.

● Matrix on the coordination carried out at the SERFOR level for updating the early agenda.

● Report on the implementation of Component 1 of the AIR for the regulation of article 7 of Legislative Decree No.

1319.

Second Deliverable

Up to sixty (60) calendar days, counted from the day following the date of notification of the Service Order. The contractor must present:

● Report on the implementation of component 2 of the AIR for the regulation of article 7 of Legislative Decree No.

1319.

● Report on the implementation of early public consultation AIR, as appropriate.

Third Deliverable

Up to ninety (90) calendar days, counted from the day following the date of notification of the Service Order. The contractor must present:

● Report on the implementation of Component 3 of the AIR for the regulation of article 7 of Legislative Decree No.

1319.

● Report on the implementation of Component 4 of the AIR for the regulation of article 7 of Legislative Decree No.

1319.

Fourth Deliverable

Up to one hundred and twenty (120) calendar days, counted from the day following the date of notification of the Service Order. The contractor must present:

● Report on the implementation of Component 5 of the AIR for the regulation of article 7 of Legislative Decree No.

1319.

● Report on the implementation of Component 6 of the AIR for the regulation of article 7 of Legislative Decree No.

1319.

Fifth Deliverable

Up to one hundred and fifty (150) calendar days, counted from the day following the date of notification of the Service Order.

The contractor must present:

● A regulatory project that contains the regulations for the implementation of article 7 of Legislative Decree No. 1319.

● Report of the public consultation of the regulatory project:

Regulations for the implementation of article 7 of Legislative Decree No. 1319.

Sixth Deliverable

Up to one hundred and eighty (180) calendar days, counted from the day following the date of notification of the Service Order. The contractor must present:

● AIR File that systematizes the implementation of the 6 components of the AIR for the regulation of article 7 of Legislative Decree No. 1319.

● Final regulatory text of the regulations of article 7 of Legislative Decree No. 1319.

● Explanation of reasons supporting the approval of the regulatory proposal for the regulation of article 7 of Legislative Decree No. 1319, in accordance with the provisions of Supreme Decree No. 007-2022-JUS that approves the Regulation of the Framework Law for the Production and Legislative Systematization.

IX. APPROVAL

The approval of the deliverables will be made by the USAID/Peru Forestry and Climate Team Leader or a person assigned by the Contracting Officer, after review and approval by the specialist in charge designated by the General Directorate of Forest and Wildlife Policy and Competitiveness of SERFOR.

X. PAYMENT SCHEDULE

The contractor is expected to meet or exceed all the objectives outlined in the Statement of Work above. Payment shall be made as follows:

Deliverable Payment Amount Payment upon USAID review and approval of Deliverable 1.

30%

Payment upon USAID review and approval of Deliverable 2.

10%

Payment upon USAID review and approval of Deliverable 3.

10%

Payment upon USAID review and approval of Deliverable 4.

10%

Payment upon USAID review and approval of Deliverable 5.

10%

Payment upon USAID review and approval of Deliverable 6.

20%

XI. CONFIDENTIALITY

The Contractor must maintain absolute confidentiality and reserve in the handling of information and documentation to which s/he will have access and is prohibited from revealing said information and results to third parties, otherwise, the provider will be subject to a complaint before the respective judicial instance. The contractor may be required to sign a Non-Disclosure Agreement.

The provider will keep all the information provided by SERFOR confidential and at the end of the service, will return all those documents that were provided. This includes both printed material and recorded on magnetic and/or digitized media.

All information and/or documentation generated as part of the service will be the exclusive property of USAID, and the provider may not use it outside of this service.

[END OF ATTACHMENT 1]

ATTACHMENT 2

Instructions for Quote Preparation

a. Instructions for the Preparation of the Technical Quote:

The technical quote must include the following sections and will be evaluated in accordance with Attachment 3 (Selection Criteria). The technical quote must not exceed 3 pages. The Quote should also have a Resume included as an annex (Résumé will not count as part of the page limitation).

● Strategic Approach (Not to Exceed 3 pages)

● Institutional Capacity and Past Performance (Not to Exceed 3 page)

All quotes must be addressed to Andre-Guy Soh, submitted by the deadline indicated on the cover page of this solicitation to limasolicitations@usaid.gov with a copy to Ms. Monica Ortega at moortega@usaid.gov. The subject of the email must be “RFQ No. 72052724Q00002 – Quote

- Name of the Applicant.”

The technical quotes will be evaluated in accordance with evaluation factors set forth under Attachment 3.

b. Instructions for the Preparation of the Price Quote:

This will be a FFP purchase order. Therefore, offerors are instructed to provide a single price quote for all the services outlined in the Statement of Work. Offerors are encouraged to offer realistic and competitive price quotes.

[END OF ATTACHMENT 2]

mailto:limasolicitations@usaid.gov

ATTACHMENT 3

Selection Criteria

All offers will be evaluated according to the following evaluation factors. They are of equal importance.

a) Strategic Approach

Offerors must outline the strategy and process that (he/she) will follow in order to meet the deliverables outlined above, in accordance with the performance standards stated and in a timely fashion. The Strategic Approach must describe the actual road map that will lead to the implementation and achievement of the SOW objectives.

b) Past Performance

The Offeror must provide evidence of their expertise and capacity to successfully accomplish the Statement of Work. For this purpose, offerors are required to submit information on at least one project of similar size, scope and complexity that they implemented in the last five (5) years. Such information must contain the following:

● Project Name

● Funding Source (Organization)

● Award/Contract No.

● Period of Performance

● Dollar Value of the work performed

● Point of Contact (name, email address, telephone numbers) who can attest to the offeror’s performance on projects.

The Past Performance information is not included in the page limit of the technical quote.

PRICE

Price will be evaluated to determine if the offeror’s price is fair, reasonable and realistic for the work to be performed.

POINTS OF CONTACT

Mr. Andre-Guy Soh Regional Contracting Officer Regional Office of Acquisition and Assistance USAID/Peru Email address: asoh@usaid.gov mailto:asoh@usaid.gov

Mrs. Monica Ortega Acquisition & Assistance Assistant Regional Office of Acquisition and Assistance USAID/Peru Email address: moortega@usaid.gov

[END OF ATTACHMENT 3]

ATTACHMENT 4

SOLICITATION PROVISIONS

The following provisions pertinent to this section are hereby incorporated by reference in accordance with the clause at FAR 52.252-2 “Clauses Incorporated by Reference.” See FAR 52.252-2 and the provisions listed below at: http://farsite.hill.af.mil/vffara.htm.

● 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015)

● 52.212-2 -- Evaluation -- Commercial Items.

● 52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

● 52.212-4 -- Contract Terms and Conditions -- Commercial Items.

● 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items.

Additionally, the following clauses are hereby incorporated in full text:

52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

http://farsite.hill.af.mil/vffara.htm

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

[End of Attachment No. 4]

[END OF RFQ No. 72052724Q00002]