USAID Nigeria - Request For Proposals From Interested Legal Firms For Oral Legal Advice And Research On Matters Of Nigerian Law, Regulation, Or Policy

USAID NIGERIA FROM THE AMERICAN PEOPLE CALLING ALL INTERESTED LEGAL FIRMS

USAID/Nigeria invites legal firms to submit proposals in accordance with the terms and conditions of the statement of work.

The objective of this request is to obtain written or oral legal advice and research on matters of Nigerian Law, regulation, or policy. The Contractor will provide written and oral advice on matters that affect the successful implementation of USAID/Nigeria’s programs and operations.

Interested legal firms able to provide required services should respond to abujaexoprocurement@usaid.gov with their rates and a fully detailed proposal addressing all required services per statement of work below on or before the close of business on Tuesday 31 December, 2019.

STATEMENT OF WORK (A) INTRODUCTION The Special Mission of the U.S. Agency for International Development to Nigeria (“USAID/Nigeria”) is implementing development and humanitarian assistance programs in Nigeria, which involves the health, agricultural, trade, education, democracy and governance, cash programming, economic growth, and power sectors, among others. In addition, USAID/Nigeria conducts internal operations in support of these programs, with a total staff of approximately 150 employees (comprised of Americans, Nigerians and third country nationals). USAID/Nigeria is a U.S. Federal agency operating in Nigeria as a part of the U.S, diplomatic mission.

(B) OBJECTIVE The objective of this purchase order is to obtain written or oral legal advice and research on matters of Nigerian law, regulation, or policy. The Contractor will provide written and oral advice on matters that affect the successful implementation of USAID/Nigeria’s programs and operations.

REQUESTED LEGAL SERVICES WILL LIKELY FOCUS ON ISSUES PERTAINING TO: (1) Nigerian employment and labor law (including terminations, employee benefits, taxes, and questions about residency and work permits for expatriates); (2) Nigerian criminal or civil law and procedure; (3) The Economic and Financial Crimes Commission Act; (4) The registration of non-governmental organisations, international organizations, and other partner organizations with the federal and state governments; (5) Reviewing memoranda, agreements, and other documents for consistency with Nigerian law; or (6) Reviewing the assistance agreement between the U.S. government and the Government of Nigeria, especially as it relates to how local law applies to a foreign sovereign and tax exemptions. This list is not exhaustive. USAID/Nigeria may request legal advice or research on additional programmatic or operational subjects that are within the Contractor’s competence. However, the Contractor will not be asked to represent USAID in connection with litigation in Nigeria; a separate contract would be required for active litigation services.

(C) DELIVERABLE Upon the written request of the Resident Legal Officer, the Contractor will provide written or oral legal opinions or advice concerning any legal questions or issues within Contractor’s competence. The Contractor’s services may include reviewing and drafting agreements, correspondence, and other documents; preparing written memoranda that research or analyze questions of Nigerian law; providing assistance in connection with filing and expediting applications and correspondence with Government departments, agencies, and other third parties; and attending meetings with representatives of Government of Nigeria departments, agencies, and other third parties.

When requested, the Contractor shall deliver to the Resident Legal Officer the folio wing deliverables: (1) An original of any written legal opinion requested under the terms of this purchase order, in substance satisfactory to the USAID/Nigeria Regional legal Advisor, and (2) Any other deliverables requested by the Resident Legal Officer in connection with any legal services described above.

All deliverables must be prepared in the English language and delivered by the deadline agreed-upon by the Contractor and USAID/Nigeria.

When requesting legal opinions or advice, the Resident legal Officer will strive to provide the Contractor with as much advance notice as possible. For each such request, the Resident Legal Officer and the Contractor will establish a project deadline and cost estimate.

(D) USAID REPRESENTATIVES The only USAID or U.S. Government employees authorized to request services from the Contractor are the Executive Officer or Resident Legal Officer. The Contractor shall not undertake any matter without consulting with these authorized USAID representatives. The Resident Legal Officer will be the day-to-day coordinator of the Contractor’s activities on USAID’s behalf.

The Resident Legal Officer will submit requests for services to the Contractor, The Resident Legal Officer will endeavor to provide the Contractor, in advance, with the material or information that is relevant to a specific request and provide specific detailed instructions relevant to legal matters at issue, along with any recommended third-party contacts. The Resident Legal Officers will provide reasonable advance notice to the Contractor when face-to-face meetings or meetings with a third party are required. While the Resident Legal Officers will attempt to provide notice as far in advance as possible, it is expected that the advance notice may be of a short nature.

The Contractor must notify the Executive Officer and Resident Legal Officer, in advance, if it anticipates the need to provide legal advice or services beyond the scope of the services described herein. “The Contractor must also notify the Executive Officer and Resident Legal Officer in the event of any potential claim or lawsuit against USASD or any non-routine governmental regulatory action Involving USAID/Nigeria.

(E) 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 increments, up to a maximum of five years, subject to the availability of funds.

(F) PLACE OF PERFORMANCE The place of performance for services under this contract will primarily be the Contractor’s offices in (insert location). 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.

(G) PAYMENT AND BILLING The work described in this statement of work will be performed at the fixed hourly rates set forth below, which should be billed in 15-minute increments. Timekeeper Hourly Rate Partner (Insert Hourly Rate) Associate (Insert Hourly Rate) Paralegal (Insert Hourly Rate)

Billing vouchers submitted by the Contractor will include, at a minimum: (1) The name of each timekeeper who recorded time on the matter; (2) A brief description of the specific tasks performed for each timekeeper; (3) The net billable time for each timekeeper (not to exceed the agreed ceiling for the matter); and (4) A receipt for any significant logistics expenditure or for any travel-related costs. Prior to the commencement of any work to be billed on a fixed hourly basis at the rates agreed to under this purchase order, the Contractor will provide: (1) The names of toe timekeepers (e.g.. Partner, Associate, or Paralegal) that will work on the matter; (2) An estimate of the amount of time it expects will be required, for each timekeeper, to complete the specified work requested under the terms of this purchase order; and (3) The total estimated cost, for all timekeepers, to complete the project The Contractor shall not exceed its total estimated cost without prior, written approval from the Executive Officer or the Resident Legal Officer. The Contractor’s net time that is eligible for billing includes; (1) Meeting in person or discussions by telephone with the Resident Legal Officer to receive the assignment, technical direction, discuss progress and final reports, or for any other purpose reasonably related to completing the assigned task; (2) Time spent working on the assignment, including reasonably related travel (when such travel is approved by USAID/Nigeria in writing) and internal or external meetings; and (3) Time spent researching, preparing, or revising written or oral reports, draft documents, research, or advice, as applicable.

Other expenses, such as the Contractor’s logistical expenses, or expenses other than net time while carrying out the assigned work (i.e., phone time to arrange meetings, commuting, parking), are expected to be negligible and are included in the hourly billing rate.

In the event, however, that the Contractor expects to incur expenses that exceed the negligible costs built into the hourly billing rate and which exceed $50 per expenditure and are in direct support of and are necessary to the successful completion of the assigned task, the Contractor must obtain the Resident Legal Officer’s or the Executive Officer’s advance approval, in writing, for the expenditure to be reimbursable. Actual travel costs are only reimbursable, with no added mark-ups or Increase above actual cost, when such actual travel costs have been approved, in writing, by the Resident Legal Officer or Executive Officer, and when accompanied by a written receipt from the vendor.

For purposes of funding actions taken under this agreement, the sum of (Amount) is hereby obligated. Legal services provided by the Contractor will be charged against this reserve, and if services exceed the amount available in the reserve, the actions will not be authorized until sufficient funds are committed and obligated into the purchase order. Any funds obligated that are not expended by the end of this purchase order may be unilaterally deobligated by USAID/Nigeria unless this purchase order is extended by mutual agreement of the parties.

USAID/Nigeria’s obligations hereunder are subject to and contingent upon the availability of appropriated funds from which payment for purchase order purposes can be made. No legal liability on the part of the U.S. Government for any payment may arise until funds are made available to the Contracting Officer for this purchase order and until toe Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(H) SPECIAL REQUIREMENTS The Contractor must, during the term of the purchase order and at all times thereafter, abide by the following special requirements: (1) The Contractor shall not represent another party, including an implementing partner of USAID or an entity affiliated with the U.S. Government, in any dispute with USAID. (2) The Contractor will be responsible for complying with local laws and rules in relation to its representation of USAID under toe purchase order. (3) The Contractor shall at all times comply with all applicable laws, and in compliance with the U.S, Foreign Corrupt Practices Act, all attorneys and representatives of the Contractor are prohibited from giving money or anything of value to any government official or candidate in order to influence their decision or to obtain special treatment not available to others. (4) The Contractor will preserve and cause its employees and agents to preserve toe secrecy of all documents and information handed over to them (the Contractor) in connection with all of USAID’s matters. (5) The Contractor will not, for any other purpose other than the performance of its duties to USAID: (i) produce, copy or use any sensitive or confidential information; or (ii) disclose, place at the disposal of, use on behalf of any third party or enable any third party to peruse copies or utilize any sensitive or confidential Information except with the prior written consent of USAID.

USAID Nigeria – Request For Proposals From Interested Legal Firms For Oral Legal Advice And Research On Matters Of Nigerian Law, Regulation, Or Policy

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