Tender Detail

SOLICITATION

ISSUANCE DATE: JULY 13,2022

CLOSING DATE: July 28, 2022

The U.S. Agency for International Development (USAID) Mission in Ethiopia is seeking offers for the provision of legal advice on issues concerning the operation of its mission and the implementation of its development assistance program in Ethiopia. Law firms interested in providing such services should submit offers in accordance with the instructions provided below.

PERIOD OF PERFORMANCE: The duration of this contract will be for one year from the date of signing. The contract may be extended for additional one-year periods, up to a maximum of five years, subject to continued need, satisfactory performance, and availability of funds.

PLACE OF PERFORMANCE: Addis Ababa, Ethiopia

STATEMENT OF WORK: USAID/Ethiopia is implementing a development assistance program in Ethiopia that involves the health, agricultural, trade, education and democracy, and governance sectors. In addition, the Mission conducts internal operations in support of these programs, with a total staff of approximately 217 employees (U.S., Ethiopian, and third-country national). The Mission is a U.S. Federal agency operating in Ethiopia as a part of the U.S. diplomatic mission. The objective of the solicitation is to obtain legal services in support of USAID's programs and operations.

The contractor will be expected to provide written and oral advice on legal questions or problems which affect the successful implementation of development programs. The work will focus on legal issues pertaining to the bilateral framework agreement negotiated between USAID and the Government of Ethiopia, especially as it relates to how local law applies to a sovereign foreign entity. In addition, legal advice may be requested on matters of Ethiopian labor law, including employee benefits, taxes, registration of USAID implementing partners, customs and value-added taxes and exemptions, questions about residency and work permits for expatriates, and other tax, tort, criminal, contract, administrative, or judicial matters relating to USAID program implementation matters. Advice on other matters of Ethiopian law may also be requested.

Offerors will be expected to research Ethiopian law in areas requested and to advise on issues, or potential issues, relevant to those laws. Offerors will review Mission documents for consistency with Ethiopian law and will make recommendations for revision where appropriate.

USAID/Ethiopia will designate Mission employees who will be authorized to request services under the contract. All deliverables will be provided in the form of written or oral legal opinions, within the deadlines established in connection with each request. All deliverables shall be in the English language unless otherwise requested.

MINIMUM QUALIFICATIONS: Law firms making an offer in response to this solicitation must have a minimum of full-time attorneys with a university degree in law, a current license to practice law, and the ability to speak and write in English at a professional level.

The offeror must have a minimum of five years of experience advising large foreign organizations (such as businesses, government entities, and/or nongovernmental organizations) in the areas of labor and employment law, business and finance law, international relations, and/or national laws on foreign assistance.

The offeror must also have reliable access to electronic media in order to respond to emails within one business day and to provide written legal opinions in both hard and soft copies.

NOTE: The Contractor will not be asked to represent USAI in connection with litigation. The Contractor shall not represent another party, including an implementing partner of USAID or an entity otherwise affiliated with the U.S. Government, in any matter. relating to USAID. The Contractor will be responsible for complying with local laws and regulations in the performance of this contract.

The Contractor will maintain the confidentiality of all documents and/or information provided by USAID to the Contractor in connection with services provided under the Contract.

PAYMENT: Payment will be made using a fixed hourly rate. Fixed rates established in the contract will remain in effect for the duration of the contract, except that adjustments may be made to hourly rates at the time of execution of any extension to the contract, where such adjustments can be documented as applicable to all clients of the firm.

PHYSICAL DEMANDS/WORK ENVIRONMENT: The work is generally sedentary and does not pose undue physical demands. The contractor may be requested to accompany USAID Mission employees to meetings with third parties, where legal advice is needed. No logistical support will be provided by USAID to the contractor in connection with the performance of the contract.

EVALUATION FACTORS: Applicants who meet the minimum qualifications will be evaluated based on the following criteria:

• Experience in advising clients on interactions with the Government of Ethiopia (15 points);
• Experience providing legal advice to large foreign entities, including sovereign entities (15 points);
• Experience providing legal advice on Ethiopian labor laws and related regulations (15 points);
• Experience providing legal advice on Ethiopian tax laws and related regulations (15 points);
• Professional quality of sample written legal opinions (30 points); and Proficiency in English (10 points).

Applicants who are deemed best qualified may also be interviewed (30 points); and will be asked to provide professional references who may be contacted by the USAID Mission as part of the selection process (20 points).

APPLYING: Applicants should address their experience and qualifications in each of the areas noted above, in a written submission not to exceed three pages. Responses to this solicitation should identify the categories of legal expertise being made available and the hourly rate for each category (senior, mid-level, or junior-level attorney), inclusive of any applicable VAT.

Resumes of currently employed attorneys who would provide services under this contract should also be included, along with copies of pertinent degrees and certifications. Applications should also include copies of recent legal opinions, in English or translated into English, as appropriate, provided to clients in each of the areas noted in the evaluation criteria (redacted to exclude any identifying information about the clients involved).

Applications must be received by the close of business at 17:30 hours on the date specified above. The cost must be presented in USD. The technical and financial proposal shall be submitted to addisprocurement@usaid.gov  separately.

NOTE REGARDING GOVERNMENT OBLIGATIONS FOR THIS SOLICITATION

This solicitation in no way obligates USAID to award a contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the application.