Конкурс пропозицій з надання послуг юридичного супроводу для офісів Пакт, Інк. в Україні

Пакт, Інк. (Pact, Inc.), виконавець в Україні проектів міжнародної технічної допомоги «Покращення послуг у сфері ВІЛ/СНІД серед представників груп найвищого ризику в Україні» (RESPOND) та «Програма сприяння громадській активності «Долучайся!» (ENGAGE), що фінансуються Агентством США з міжнародного розвитку (USAID), проводить конкурс з відбору постачальника послуг юридичного супроводу для офісів проектів (далі – англ.)

Date:                    July 6, 2017

Attention to:         Law firms

From:                   Finance-admin department

Topic:                 Request for quotations for provision of outsourced legal advice services for the USAID/RESPOND and USAID/ENGAGE projects

Pact, Inc., implementing in Ukraine two USAID-funded programs: Improving HIV/AIDS Services for Key populations in Ukraine (RESPOND) and Enhance Non-Governmental Actors and Grassroots Engagement (ENGAGE), is soliciting cost proposals from qualified law firms for provision of outsourced legal advice services for the office and program needs. It is expected that the appointed service provider will customize its services for Pact’s employees and partners as much as possible to ensure the highest level of customer’s satisfaction with proactive participation in advising and guiding offices in any law related questions, together with adhering to relavant state law regulations and Pact policies.

It is the intent of Pact, Inc. that the awarded contractor will provide the legal services on an as-needed basis. Vendor will be contracted until September 30, 2017 with a possibility of prolongation.

Proposal Submission Requirements:

The procurement of services is made at the expense of the international technical assistance program and complies with the category (type) of goods, work and services indicated in the Procurement Plan for VAT-exempt purchases approved by the Ministry of Finance of Ukraine. Bidders will submit proposals that comprise the following information:

1. A cover letter signed by an authorized bidder representative, confirming the bidder’s promise to meet the terms and requirements specified in the request for quotations. The letter must designate a person, with relevant contact  details,  authorized  to   maintain  any   necessary communications with Pact, Inc. during the price quotations review process;
2. Legal experience representing non-profit entities: describe up to 2 examples of the entity representing non-profit or public entities. Preferred representation should demonstrate experience with the issues and programs of the following types of organizations: workforce development, economic development, human services, municipalities or similar organizations;
3. Provide references for at least three companies (non-profit entities) represented;
4. Project approach: present your approach to protecting the interests of the agency and why your firm is the best to perform these duties;
5. Fees: provide the amount of fixed and/or hourly fees will be charged for the legal advice services described below. For the hourly fees, please identify the hourly rate of attorney and support personnel. Identify the minimum part of time billed for each service (e.g. phone calls, correspondence). Please state separately the rate that any other cost items proposed to be itemized and billed (i.e. photocopying, overhead factor, etc.);
6. Other information: describe any other processes and provide any additional information, that you believe to be relevant to this and your capacity to provide the services requested.

Please refer to general requirements to the procured services and tentative scope of work described in the Appendix 1 hereto.

Please note that the payment will be effected in Ukrainian hryvnias in accordance with the issued invoice. The invoice must indicate VAT as a separate item, but no payment of VAT will be made in accordance with the Policy on Raising, Utilizing and Monitoring International Technical Assistance, as approved by the Cabinet of Ministers of Ukraine Resolution 153, dated February 15, 2002, on Establishing a Single System of Raising, Utilizing and Monitoring International Technical Assistance and the Letter of the State Tax Service of Ukraine of March 1, 2012, No.6125/7/12-1017.

Quotations Submission Deadline and Other Requirements:

Interested parties should submit their quotations in a form of expression of interest, followed by cost proposal (quotation) by 18:00, on July 20, 2017, to the following email addresses [email protected] and [email protected].

Questions may be submitted via emails to [email protected] and [email protected] by July 17, 2017 answers to these questions will be sent to all vendors that submitted questions.Proposals received later than July 20, 2017 will not be considered.

The release of this request for quotations does not constitute an obligation on the part of the Pact, Inc. to award a contract. Pact, Inc. reserves the right to reject any or/and all proposals. Nevertheless, it is the intention of Pact, Inc. to issue a contract, if it receives acceptable offers. Pact, Inc. can terminate this request for quotation at any time at its discretion.

Pact, Inc. is in no manner responsible for any of the costs associated in the preparation or submission of any proposals.

Language of quotations:

The proposal, all documents and correspondence related to the RFQ must be written and submitted in English.

Negotiations:

Best price quotations are requested. It is anticipated that contract award will be made solely on the basis of these original quotations. However, Pact, Inc. reserves the rights to conduct negotiations and/or request clarifications and explanations prior to the award.

All information provided by the parties to each other during negotiation period is not considered as agreed on terms before it is written in the contract and signed by both parties.

Sample Terms

Sample Terms of Contract:

The contract for this procurement should at a minimum include the following:

1. Parties of the Contract

The “Contractor” means the company providing the services under the contract; the “Customer” means Pact, Inc. which implements in Ukraine 2 USAID-funded programs: Improving HIV/AIDS Services for Key populations in Ukraine (RESPOND) and Enhance Non-Governmental Actors and Grassroots Engagement (ENGAGE). The contract should be concluded between the Contractor and the Customer.

2. Payment Schedule

Pact, Inc. pays an approved amount of service fee monthly for the acquisition of legal advice service.

The payment is to be made via bank transfer based on the invoice presented.

3. Exemption from Payment of Value Added Tax (VAT)

Since the Customer is an implementer of the international technical assistance project (program) it shall pay for the goods and services according to Contractor’s invoice and contract without Valued Added Tax in accordance with the Policy on raising, utilizing and monitoring international technical assistance approved by the Cabinet of Ministers of Ukraine Resolution 153 dated February 15, 2002 as amended, and the Intergovernmental US-Ukraine Agreement on Humanitarian and Technical and Economic Cooperation of May 7, 1992.

4. Eligibility of Suppliers

Any procurement resulting from this tender will be financed by USAID/ ENGAGE and USAID/RESPOND, and will be subject to Federal Acquisition Regulation (FAR) and USAID regulations. No equipment, materials or services shall be eligible for USAID financing, if offered by a supplier or subcontractor included on any list of suspended, debarred, or ineligible bidders used by USAID.

5.  US Anti-Terrorism Executive Orders and Laws

The Contractor is reminded that US Executive Orders and US law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Contractor to ensure compliance with these Executive Orders and Laws. This provision must be included in all subcontracts/ decisions to award subcontracts executed under terms of this contract.

Pact, Inc. is looking forward to receiving your Proposal. We appreciate your interest in Pact’s procurement opportunities.

APPENDIX 1

General Service Requirements:   

The primary objective of the evaluation process is to select a Contractor that:

1. Has a solid record in cooperation with international technical assistance projects, embassies, well-known international organizations, non-governmental organizations;
2. Possess adequate resources to handle assigned responsibilities and to handle extenuating circumstances that may arise;
3. Replies any legal consultation/enquiry within 1 working day;
4. Able to communicate and provide legal assistance both in Ukrainian and English languages;
5. Allows different ways of consultation, such as telephone conversation and electronic communication, etc;
6. Protects the confidentiality of information acquired from Customer.
7. Clearly demonstrates a thorough understanding of the scope of the engagement and the specific responsibilities entailed;
8. Assigns highly-skilled, experienced, diligent, responsive, and professional personnel to perform the required duties;
9. Maintains high ethical standards and reputation;
10. Competitive in terms of fees (rate per 1 hour/ fixed price);
11. Provides VAT exemption;
12. Provides any additional bonus services if any.

Scope of work (tentative):

 The selected Contractor will be responsible for providing legal support on the Customer’s request, including but not limited:

1. Advising the Customer’s leadership on various HR related issues (employment, resignation, employment of expatriates, etc.);
2. Providing consultations on various administrative issues (office lease, admin service provision contracts, etc.);
3. Obtaining of certain permission documentation;
4. Providing legal review of contract, memorandum, other documents;
5. Providing legal interpretation on new legislation, rules, regulations and statues;
6. Assisting with other legal-related issues.