Consulting Services support Commercial Rule of Law Projects

Consulting Services support Commercial Rule of Law Projects
Solicitation: DCO-PR-19-0130

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 DCO-PR-19-0130 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 the most recent Federal Acquisition Regulation amendments which can be found at http://www.acquisition.gov/far/index.html

2) The North American Industrial Classification Systems (NAICS) code is 541611 and the small business size standard is $15 million.

3) 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 Time and Materials Order resulting from this solicitation. NOTE: An Addendum to FAR clause 52.212-4 Contract Terms and Conditions-Commercial Items, (Alt I) is attached.

4) 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.

5) THIS ANNOUNCEMENT IS FOR AN INDEPENDENT CONSULTANT AND IS NOT FOR INDIVIDUALS SEEKING EMPLOYMENT DIRECT WITH MCC. PLEASE VISIT: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Defined FOR INFORMATION REGARDING INDEPENDENT CONTRACTORS. Note: MCC will assist the consultant in coordinating with an Independent Contractor Engagement Services Provider for payroll, travel, international travel insurance, etc., therefore, a DUNS number and registration in System for Award Management (SAMS) is not required.

6) Description of Services: The overall objective of this contract is to support the members of relevant MCC country teams and implementation support teams in their efforts to (i) assess commercial rule of law aspects of proposed Compact projects and activities and (ii) provide implementation oversight and assessment of implementer and project performance for projects with commercial legal reform activities and components in on-going Compacts.

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

8) The Government will award an order to the responsible independent consultant(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 found advantageous, the Government reserves the right to make more than one award as a result of this solicitation

9) Consultant will perform the tasks under this contract in MCC-eligible countries, in MCC offices in Washington DC, and at Consultant's own facilities.

10) Evaluation Factors. Only quotes which meet the mandatory technical evaluation criteria will be considered. Candidates with preferred qualifications will be given additional consideration.

Technical Evaluation Criteria:

Mandatory Requirements:
• Experience working on and/or designing and evaluating commercial rule of law projects, including but not limited to Timor-Leste and Indonesia;
• Demonstrated experience conducting assessments of commercial dispute resolution processes in MCC eligible countries;
• Expertise in judicial reform in civil code countries, commercial justice, ADR (including arbitration and mediation), judicial and continuing legal education, access to justice for underserved communities (e.g. women, minorities, rural, poor).
• Demonstrated experience developing partnerships that leverage private sector resources to address development challenges;
• Demonstrated experience assessing the positive and negative impacts of current laws, policies and regulations on the resolution of commercial disputes and identifying changes that would enhance private sector investment in these sectors;
• Familiarity with MCC model and approach to project development, design and implementation oversight;
• Familiarity and experience supporting cost-benefit analysis and beneficiary analysis required for investment decision making

Preferred Requirements:
• Highly desirable: Portuguese, Tetun and/or Bahasa Indonesia language skills;
• Highly desirable: expertise assessing barriers to equality and access to justice for underserved communities (e.g. women, minorities, rural, poor), as well as experience identifying mitigants that reduce barriers and facilitate greater access and fairness in the courts.
MCC reserves the right to interview the candidates.

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.

11) 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 additional requirements for a period of 12 months.

12) Quote Deadline. Independent Consultants are invited to submit their quotations in response to this notice by 11:00 am Eastern Standard Time (EST), March 6, 2019. Only e-mailed requests for additional information will be accepted at MCCConsultants@mcc.gov and oberoia@mcc.gov by 11:00 am EST on March 4, 2019. Quotations submitted in response to this notice shall include the solicitation number DCO-PR-19-0130 AND description of 'EAPLA Timor-Leste' in the subject line and be signed, dated and submitted via email to MCCConsultants@mcc.gov and oberoia@mcc.gov. The maximum file size is 10mb.

13) Exclusion of Quotes and Communications. At any time prior to award, including upon receipt of quotes, the Government may exclude a quote from further consideration for reasons such as (but not limited to): non-compliance with instructions related to this solicitation; the quote is not among the most highly rated; or the quote is not likely to be selected for award. The Government need not notify an offeror that its quote has been excluded from further consideration nor need it provide the offeror with a pre-award debriefing. However, the offeror will be provided post-award notification and if requested, a brief explanation of the basis of the award decision.

After receipt of quotes, the Government will conduct an evaluation. The Government intends to evaluate quotes and issue a contract/ order without communications with offerors. However, during the evaluation process, the Government may, solely at its discretion, communicate with an offeror for any purpose, such as to gain a better understanding of the quote. As a result of such communication, the Government may allow offerors to submit quote revisions. If quote revisions are allowed, the Government may, solely at its discretion, impose non-common due dates for the revisions. In other words, the Government may elect to have a quote revision date for an offeror that is different than the quote revision date for another offeror(s). The Government need not conduct communications with all offerors. Rather, the Government may, at its discretion, conduct communications with one or only some offerors. Furthermore, the Government need not permit all offerors to submit quote revisions. Rather, the Government may, at its discretion, seek quote revisions from only one or only some offerors.

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

a. Technical: (1) Cover letter that addresses all technical criteria as listed in this solicitation; (2) Curriculum Vitae (25 page maximum), Microsoft Word file

b. Past Performance: Three professional references, with contact phone and email information, Microsoft Word file

c. Price: Complete the attached Bio-Data form (see attached) to include the independent consultant's proposed rate and salary history.

PLEASE DO NOT COMBINE YOUR SUBMISSION INTO ONE (1) DOCUMENT. DOCUMENTS (a), (b), &(c) MUST BE SUBMITTED AS SEPARATE DOCUMENTS.

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

16) The following Clauses will apply to the resulting order:
a. 52.249-70, Termination Clause
b. 52.232-72, Limitation of Funds - Incrementally Funded Contracts

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

18) See attached documents, (1) Addendum to FAR Clause 52.212-4, (Alt I); (2) MCC Bio-Data Sheet and (3) Statement of Work.

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