SOURCES SOUGHT
R -- Senior Commercial Law Advisor
- Notice Date
- 1/25/2005
- Notice Type
- Sources Sought
- NAICS
- 541990
— All Other Professional, Scientific, and Technical Services
- Contracting Office
- Agency for International Development, Overseas Missions, Armenia USAID-Yerevan, Department of State, Washington, DC, 20521-7020
- ZIP Code
- 20521-7020
- Solicitation Number
- 111-0105-001
- Response Due
- 2/25/2005
- Archive Date
- 3/12/2005
- Description
- SOLICITATION NUMBER: 111-0105-001 Gentlemen/Ladies: SUBJECT: Solicitation for Personal Services Contractor (PSC) for Senior Commercial Law Advisor The United States Government, represented by the U.S. Agency for International Development (USAID), is seeking applications (SF 171 or OF 612) from U.S. Citizens interested in providing the PSC services described in the attached. Please send applications to: Nooneh Haroutunian HR Specialist/EXO 7020 Yerevan Place Washington, DC 20521-7020 Or By e-mail to: nharoutunian@usaid.gov Or By FAX to: Attn ? Nooneh Haroutunian ( 374-1) 54 38 71 (Armenia) Submissions shall be in accordance with the attached information at the place and time specified and must be received at USAID/Armenia by COB February 25, 2005. Any questions may be directed to Bradford Palmer, Supervisory EXO, USAID/Armenia who may be reached at FAX No. (374-1) 54 38 71 (Yerevan, Armenia), or via e mail to: bradfordpalmer@usaid.gov. Offerors should retain for their records copies of all enclosures which accompany their proposals. Application forms: USG Standard Form 171 or Optional Form 612 can be located at the USAID website: http://www.usaid.gov/procurment bus opp/procurement/forms. APPLICANTS ARE ENCOURAGED TO PROVIDE A COVER LETTER ADDRESSING HOW THEY MEET THE REQUIREMENTS OF THE POSITION. Sincerely, Karl Fickenscher Acting Supervisory EXO USAID/Armenia SENIOR COMMERCIAL LAW ADVISOR USAID/ARMENIA YEREVAN, ARMENIA 1. SOLICITATION NUMBER: 111-0105-001 2. ISSUANCE DATE: January 25, 2005 3. CLOSING DATE/TIME SPECIFIED FOR RECEIPT OF APPLICATIONS: February 25, 2005 4. POSITION TITLE: Senior Commercial Law Advisor 5. MARKET VALUE: $89,625 through $116,517 (equivalent to a GS - 15) 6. PERIOD OF PERFORMANCE: two years 7. PLACE OF PERFORMANCE: USAID/Armenia/DSRO 8: POSITION DESCRIPTION: I. Background Armenia is a country in transition from the old Soviet system of laws, practices and attitudes to a free market economy and democratically oriented system of government. Although Armenia has made significant progress on the political, economic and social fronts, there is still much room for improvement and much need for continued international support. In addition to its transition efforts, Armenia is locked in a dispute with neighboring Azerbaijan over the Nagorno-Karabakh (NK) region, which lies within Azerbaijan but is occupied by ethnic Armenians. There is currently a cease-fire but no permanent resolution to the dispute. The U.S. Government (USG) assistance program in the Caucasus region as a whole is of particular strategic importance to the U. S. and enjoys high visibility and considerable interest from the public and private sectors alike. In the early years of USAID involvement in Armenia, assistance was largely focused on emergency assistance to the large number of vulnerable persons, including those displaced by the regions? various conflicts. Subsequently, USAID programs increasingly focused on sustainable development in the governance, economics and social sectors. The portfolio of assistance activities is extensive, labor intensive, and requires close performance monitoring to ensure that it is having the desired impact. In addition, USG engagement in Armenia is designed to promote regional economic integration and political cooperation in the southern Caucasus. Increased cooperation and successful integration are key factors needed to establish regional stability and as a counterweight to the crisis in the northern Caucasus, as well as to ensure better access to and sustainable use of the region's natural resources and to strengthen Armenia's linkages to the world economy. II. Introduction The USAID Mission in Yerevan has program responsibility for the formulation of country strategy and implementation of a program designed to foster a market economy and democratic society in Armenia. The Economic Restructuring & Energy Office (EREO) is currently responsible for managing over 30 activities in these program areas, with an OYB of $25-30 million. EREO staff currently consists of 2 USDH, 4 USPSCs and 5 FSNs. The EREO portfolio is large, complex and can be divided into two major components: economic growth, and water and energy. The vast majority of the Senior Commercial Law Advisor?s attention will be focused on the former area. In economic growth, USAID/Armenia?s goal is to support the growth of employment in a competitive private sector. Program components include: 1. Reform of tax policy and administration, customs administration, and budget policy. 2. Strengthening the bank supervision capacity of the Central Bank of Armenia (CBA), as well as undertaking other actions that contribute to the establishment of a well functioning banking sector. 3. Fostering the development of capital and financial markets. 4. Promoting the passage and implementation of legal and regulatory reforms (and related institutional capacity building). This includes areas such as enterprise bankruptcy, government procurement, and leasing. It also addresses World Trade Organization (WTO) post-accession and harmonization, including intellectual property rights issues (IPR), competition policy, and telecommunications. 5. Enterprise conversion to international accounting standards (IAS) and strengthening the local association of accountants and auditors. 6. Technical assistance to small- and medium-sized enterprises, with an emphasis on agri-business, information technology and other promising sectors. EREO must, to varying degrees, coordinate each of these activities with a large group of multilateral donors. These include the World Bank (WB), International Monetary Fund (IMF), International Finance Corporation (IFC), United Nations Development Program (UNDP), the European Bank for Reconstruction & Development (EBRD), and EU/TACIS program. In addition, there are several bilateral agencies working in Armenia, including the Canadian International Development Agency (CIDA), Germany?s Kreditanstalt f?r Wiederafbau (KfW) and Gesellschaft f?r Technische Zusammenarbeit (GTZ), Japan International Cooperation Agency (JICA), UK Department for International Development (DFID), and the Norwegian Refugee Council (NRC), among others. Additionally, most key counterparts in GOAM have been educated in the former Soviet system and have had relatively little international experience or education. A considerable amount of time must be devoted to re-orienting them to Western standards, particularly with regard to the implementation of a modern legal system. On a day-to-day basis, EREO?s Senior Commercial Law Advisor (SCLA) is responsible for designing, managing, implementing, coordinating and monitoring all components of the Mission commercial law and regulatory portfolio. The SCLA receives general guidance from the EREO?s Director, and/or his/her designee, working independently and making judgments and decisions as specified in this SOW. The incumbent will have the authority to speak on behalf of the Mission regarding the complex and politically prominent commercial law and regulatory reform portfolio. The SCLA serves as the leading Mission spokesperson on matters related to commercial law in Armenia and the region. On an as-needed basis, the incumbent serves as the Acting Team Leader, for Strategic Objective (SO) 1.3 ? Increased Employment in a Competitive Private Sector. The SCLA also manages the FSN Project Management Assistant for Commercial Law and Economic Regulation. III. Duties and Responsibilities The SCLA is responsible for the overall design and management of policies and programs related to the development of commercial law in Armenia. This work directly supports the achievement of United States Government Foreign Policy Goal, ?Economic institutions, laws and policies foster private sector economic growth, sustainable development and poverty reduction.? It also supports Strategic Objective 1.3 of the USAID/Armenia strategy, which calls for ?increased employment in a competitive private sector.? More specifically, this strategic objective strives to attain a ?more effective policy, legal and regulatory environment.? The work of the SCLA supports increased implementation of laws and regulations critical the functioning of a modern business environment. The SCLA?s specific responsibilities address all of the technical, economic, institutional, political and geographic issues affecting the development of commercial law in Armenia. This will include but not be limited to: 1. Designing, developing and establishing innovative strategy and management approaches to commercial law development in Armenia. Serving as the principal advisor on and providing advice and assistance in the planning, design, evaluation and implementation of nationally significant commercial law projects. Participating in intra-office working groups and teams that are responsible for the development of cross-cutting strategies. (10%) 2. Supporting increased implementation of laws and regulations critical to the functioning of a modern business environment in Armenia. In particular, generating and developing new approaches to legal issues in Armenia. This would include, but not be limited to the resolution of vexing legal problems. (5%) 3. Leading USG dialog with high level GOAM representatives (such as the Minister of Justice and the Chairman of the Central Bank) and the leaders of the American private sector business communities in the area of commercial law. Conducting policy dialog with officials at both the highest political and technical levels of other USG agencies and departments, private sector organizations, and other donor agencies including multilateral banks, and other foreign government development agencies implementing similar programs to ensure exchange of information and optimal use of Mission (USG) resources. (15%) 4. Supervising the work of commercial law technical advisors as they conceptualize and implement new and on-going activities. Supervising and managing multi-disciplinary technical teams from Mission funded contractors, grantees, and NGOs and PVOs responsible for implementing the USAID legal and regulatory sector program. Supervising the FSN Project Management Assistant for Commercial Law and Economic Regulation. (10%) 5. Developing and maintaining collaborative working relationships with high level counterparts at the World Bank, EBRD, EU/TACIS, the IMF and other donors relative to policies and issues affecting the private sector. (5%) 6. Serving as the principal senior Mission technical advisor and specialist for the design, development, implementation of USAID/Armenia?s legal and regulatory initiatives on the Mission Strategic Objective, and evaluation teams. Serving as the principal senior advocate and spokesperson for the USG Mission?s legal and regulatory initiatives. Providing technical advice and input to other Mission activities (outside of EREO) or Strategic Objective teams that relate to legal and regulatory issues. This refers especially to the democratic reform and social transition program, managed by USAID/Armenia?s Democracy and Social Reform Office (DSRO), which includes components dealing with reforming the Armenian judicial system. (10%) 7. With guidance of Mission Management, negotiating project assistance with senior host country (public and private sector) officials at the Ministerial and CEO levels. These negotiations include coordination and exchanges of information with the U.S. Embassy and the Office of the Assistance Coordinator (EUR/ACE) within the Department of State. (15%) 8. Providing CTO and activity management, oversight, and supervision of contractor and grantee performance to ensure compliance with the terms and conditions of the contract/grant by field visits, meetings with key counterparts, and meetings with contractors/grantees in country. (15%) 9. Other duties and responsibilities will include, a) negotiating Memoranda of Understanding with host country counterparts, typically at the ministerial or vice-ministerial level; and b) preparing reports, presentations on Mission commercial and regulatory sector initiatives for presentation to visiting U.S. Congressional and Staff delegation, U.S. and Armenian private sector CEOs, GOAM officials of Ministerial rank, senior members of the Armenian Diaspora, IFIs and other donors, and high level officials from other USG entities (e.g., the Departments of State, Energy, Treasury, and Commerce). (10%) 10. Other duties and responsibilities will include, but not be limited to the following: a) negotiating with contractors/grantees on work plans and budgets; b) keeping track of contractor/grantee accruals and pipeline amounts; and c) evaluating contractor/grantee performance. (3%) 11. Examining, analyzing and evaluating financial information pertaining to the contracts for the provision of commercial law development assistance. (2%) IV. Skills and Qualifications 1. A law degree is required. Additional training in economics, finance, or public policy is preferred, but not required. (20%) 2. A minimum of eight years of relevant/practical experience covering the broad array of commercial law. Must demonstrate state-of-the-art mastery in the broad area of commercial law. In addition, shall possess particular expertise in one of the following areas: bankruptcy law, collateral law, company law, or competition policy. Also, must demonstrate strong familiarity with as many as possible of the following topics: financial market regulation, government procurement, intellectual property rights, international trade, mortgages, real property law, regulatory reform, telecommunications law, and utilities regulation. (25%) 3. Prior experience working overseas, particularly in the Europe and Eurasia region, is highly desirable. Prior work in the financial sector is preferable, but not required. Must demonstrate a high level of leadership and managerial ability to serve as the primary advocate and spokesperson for the Mission?s legal and regulatory reform program. Must represent the Mission with the most senior officials of the GOAM, multilateral and bilateral donors, IFIs, NGOs and USG officials. Must be able to function well in a team environment and work in a collegial and persuasive fashion. A proven track record in donor coordination is required. (20%) 4. Excellent English communication skills, both oral and written, are required. (10%) 5. Ability to communicate in Armenian or Russian is preferred, but not required. (5%) 6. Incumbent must have demonstrated ability to manage a series of highly complex, new and ongoing activities and processes to a satisfactory conclusion under varying degrees of ambiguity. Must demonstrate ability to exercise independent judgment in work of high difficulty and responsibility while still demonstrating the ability to work in a highly cooperative and collaborative work environment. The incumbent must also be articulate and capable of responding appropriately to rapidly varying situations, requirements and inquiries. (20%) 7. U.S. Citizenship is required. V. Supervision and Relationships The SCLA shall work under the direction of the USAID/Armenia Director of the Economic Restructuring and Energy Office or his/her designee. The Mission Director, Deputy Mission Director, EREO Deputy Director and concerned Mission SO team leaders may also provide guidance. Besides managing contractor/grantee teams, SCLA will be managing at least one professional FSN, the Project Management Assistant for Commercial Law and Economic Regulation, on a daily basis. AS A MATTER OF POLICY, AND AS APPROPRIATE, A PSC IS NORMALLY AUTHORIZED THE FOLLOWING BENEFITS: (Under Automated Directives Systems (ADS) http://www.usaid.gov/ads.html 1. BENEFITS Employee's FICA Contribution Contribution toward Health & Life Insurance Pay Comparability Adjustment Annual Increase Eligibility for Worker's Compensation Annual & Sick Leave 2. ALLOWANCES (if Applicable). * (A) Temporary Lodging Allowance (Section 120). (B) Living Quarters Allowance (Section 130). (C) Post Allowance (Section 220). (D) Supplemental Post Allowance (Section 230). (E) Separate Maintenance Allowance (Section 260). (F) Education Allowance (Section 270). (G) Education Travel (Section 280). (H) Post Differential (Chapter 500). (I) Payments during Evacuation/Authorized Departure (Section 600) ,and (J) Danger Pay (Section 650). 3. CONTRACT INFORMATION BULLETINS (CIBs) PERTAINING TO PSCs 01-10 Revision of Medical Clearance Process ? Personal Services Contract with U.S. Citizens 00-08 Revision of Competitive Process-PSC with U.S. Citizens 00-05 PSC Annual Health Insurance Costs 00-03 2000 FICA and Medicare Tax Rates for Personal Services Contracts (PSCs) 00-02 Latest ES-06 Maximum Pay Rate 99-22 PSC Policy 99-7 Contractual Coverage for Medical Evacuation (MEDEVAC) Services 98-24 Use of Compensatory (Comp) Time by PSCs 98-23 Guidance Regarding Classified Contract Security and Contractor Personnel Security Requirements 98-16 Annual Salary Increase for USPSCs 98-14 Change in Required Application Form for USPSCs 98-3 Class Deviation to 31.205-6(g)(3), Foreign National Severance Pay Under Professional Services Contracts 97-16 Class Justification for Use of Other Than Full & Open Competition for Personal Services Contracts with U.S. Citizens Contracted with Locally with CCNs and TCNs Subject to the Local Compensation Plan, and for Overseas Contracts of $250,000 or Less 97-3 New USAID Contractor Employee Physical Examination 96-23 Unauthorized Provision in Personal Services Contract 96-19 U.S. Personal Services Contract (USPSC) - Leave 96-8 Determining a Market Value for PSCs Hired Under Appendix D, Handbook 14 94-9 Sunday Pay for U.S. Personal Services Contractors (PSCs) 93-17 Financial Disclosure Requirements Under a Personal Services Contract (PSC) LIST OF REQUIRED FORMS FOR PSCs 1. Standard Form 171 or Optional Form 612. 2. Contractor Physical Examination (AID Form 1420-62)** 3. Questionnaire for Sensitive Positions (for National Security)(SF-86), or 4. Questionnaire for Non-Sensitive Positions (SF-85)** 5. Finger Print Card (FD-258)** * Standardized Regulations (Government Civilians Foreign Areas). ** The forms listed 2 through 5 shall only be completed upon the advice of the Contracting Officer that an applicant is the successful candidate for the job. Subject to Funds Availability
- Place of Performance
- Address: 18 Marshal Bagramian Str., Yerevan
- Zip Code: 375019
- Country: Armenia
- Zip Code: 375019
- Record
- SN00739344-W 20050127/050125211510 (fbodaily.com)
- Source
-
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