05.08.2018 - 22.08.2018

Тендер на здійснення правового аналізу для проекту МТД Агросільрозвиток

ЗАВЕРШЕНО

Актуально до: 22.08.18

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Додано:
Програма USAID з аграрного і сільського розвитку (АГРО)

Оголошується тендер на здійснення правового аналізу для проекту МТД Агросільрозвиток, далі – англійською.

Request for Quotations (RFQ)

RFQ Number: ARDS-18-650-S

Issuance Date: August 03, 2018

Deadline for Offers: August 22, 2018

Description: Tender for provision of a legal analysis of legal environment and regulations affecting activities of international technical assistance projects and their implementer in Ukraine (Annual Legal Review) covering the period from May 2018 through April 2019.

For: Chemonics International Inc., implementer of international technical assistance projects (programs) in Ukraine

Funded By: United States Agency for International Development (USAID),

Contract No. AID-121-TO-16-00002

Implemented By: Chemonics International Inc.

Point of Contact: Oleh Pluhatarenko, Finance and Administration Director, USAID Agricultural and Rural Development Support (ARDS) Project

***** ETHICAL AND BUSINESS CONDUCT REQUIREMENTS *****

Chemonics is committed to integrity in procurement, and only selects suppliers based on objective business criteria such as price and technical merit. Chemonics expects suppliers to comply with our Standards of Business Conduct, available at.

Chemonics does not tolerate fraud, collusion among offerors, falsified proposals/bids, bribery, or kickbacks. Any firm or individual violating these standards will be disqualified from this procurement, barred from future procurement opportunities, and may be reported to both USAID and the Office of the Inspector General.

Employees and agents of Chemonics are strictly prohibited from asking for or accepting any money, fee, commission, credit, gift, gratuity, object of value or compensation from current or potential vendors or suppliers in exchange for or as a reward for business. Employees and agents engaging in this conduct are subject to termination and will be reported to USAID and the Office of the Inspector General. In addition, Chemonics will inform USAID and the Office of the Inspector General of any supplier offers of money, fee, commission, credit, gift, gratuity, object of value, or compensation to obtain business

Offerors responding to this RFQ must include the following as part of the proposal submission:

Disclose any close, familial, or financial relationships with Chemonics or project staff. For example, if an offeror’s cousin is employed by the project, the offeror must state this.
Disclose any family or financial relationship with other offerors submitting proposals. For example, if the offeror’s father owns a company that is submitting another proposal, the offeror must state this.
Certify that the prices in the offer have been arrived at independently, without any consultation, communication, or agreement with any other offeror or competitor for the purpose of restricting competition.
Certify that all information in the proposal and all supporting documentation are authentic and accurate.
Certify understanding and agreement to Chemonics’ prohibitions against fraud, bribery and kickbacks.

Please contact Owen Patrick Rader, ARDS Project Director, e-mail: [email protected] with any questions or concerns regarding the above information or to report any potential violations. Potential violations may also be reported directly to Chemonics’ Washington office through the contact information listed on the website found at the hyperlink above

Section 1: Instructions to Offerors

1. Introduction: Chemonics International, a legal entity established in accordance with U.S. law, implements a number of technical assistance projects in Ukraine. As part of its projects implementation, Chemonics’ policy is to conduct regular annual legal review focused on analysis of Ukrainian regulations affecting activities of USAID-funded technical assistance projects and their implementer in Ukraine. To this end, Chemonics requires the purchase of legal services specified in this RFQ. The purpose of this RFQ is to solicit quotations for these services.

Offerors are responsible for ensuring that their offers are received by Chemonics in accordance with the instructions, terms, and conditions described in this RFQ. Failure to adhere with instructions described in this RFQ may lead to disqualification of an offer from consideration.

2. Offer Deadline and Protocol: Offers must be received no later than 4 p.m. local Kyiv time on August 22, 2018 by e-mail. Any emailed offers must be emailed to [email protected]

Please reference the RFQ number ARDS-18-650-S in any response to this RFQ. Offers received after the specified time and date will be considered late and will be considered only at the discretion of Chemonics.

3. Questions: Questions regarding the technical or administrative requirements of this RFQ may be submitted no later than 4 p.m. local Kyiv time on August 17, 2018 by email to [email protected]. Questions must be submitted in writing; phone calls will not be accepted. Questions and requests for clarification—and the responses thereto—that Chemonics believes may be of interest to other offerors will be circulated to all RFQ recipients who have indicated an interest in bidding.

Only the written answers issued by Chemonics will be considered official and carry weight in the RFQ process and subsequent evaluation. Any verbal information received from employees of Chemonics or any other entity should not be considered as an official response to any questions regarding this RFQ.

4. Specifications: Section 3 contains the technical specifications of the required services.

Chemonics reserves the rights to address any clarification questions once received legal counsel from the service provider.

5. Quotations: Quotations in response to this RFQ must be priced on a fixed-price, all-inclusive basis, including delivery and all other costs. Pricing must be presented in Ukrainian hryvnia. Offers must remain valid for not less than thirty (30) calendar days after the offer deadline. Offerors are requested to provide quotations on their official quotation format or letterhead; in the event this is not possible, offerors may complete the table in Section 3.

In addition, offerors responding to this RFQ are requested to submit the following:

Organizations responding to this RFQ are requested to submit a copy of their official registration or business license.
Private Entrepreneurs responding to this RFQ are requested to submit a copy of their official registration or business license.

Delivery: The delivery location for the items described in this RFQ is 35 Tarasa Shevchenka Blvd., BC “Europa Plaza”, Building 2, 6-th floor, Kyiv city, 01032. As part of its response to this RFQ, each offeror is expected to provide an estimate (in calendar days) of the delivery timeframe (after receipt of order). The delivery estimate presented in an offer in response to this RFQ must be upheld in the performance of any resulting contract.

Source/Nationality/Manufacture: All goods and services offered in response to this RFQ or supplied under any resulting award must meet USAID Geographic Code 110 (countries in the former Soviet Union – Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyz Republic, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan) in accordance with the United States Code of Federal Regulations (CFR), 22 CFR §228. The cooperating country for this RFQ is Ukraine.

Offerors may not offer or supply any commodities or services that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Cuba, Iran, North Korea, Syria.

9.Taxes and VAT:

The agreement under which this procurement is financed does not permit the financing of any taxes, VAT, tariffs, duties, or other levies imposed by any laws in effect in the Cooperating Country. No such Cooperating Country taxes, VAT, charges, tariffs, duties or levies will be paid under an order resulting from this RFQ.

As Chemonics International Inc. is implementing international technical assistance programs and projects in Ukraine in accordance with the Agreement between the Government of the United States of America and the Government of Ukraine about Humanitarian and Technical Economic Cooperation of May 7, 1992 (hereinafter referred to as “Agreement”) and has to purchase the offeror’s goods, works and services in order to carry out the abovementioned international technical assistance project, in accordance with the abovementioned Agreement and Procedure of engaging, using and monitoring international technical assistance approved by the Cabinet of Ministers of Ukraine Resolution no. 153 (153-2002-п) as of February 15, 2002, “On creating a unified system for engaging, using and monitoring international technical assistance”, the cost of such goods (works, services) is exempt from Value Added Tax (VAT).

Procurement of goods, works and services shall be made at the cost of the international technical assistance project and is relevant to the category (type) of goods, works and services mentioned in the procurement plan.

Also in accordance with paragraph 197.11 article 197 of the Tax Code of Ukraine: Exempt from tax the following operations:

the supply of goods and services within the customs territory of Ukraine and imported into the customs territory of Ukraine goods which are funded through the international technical assistance, provided under the international agreements of Ukraine, which were approved as binding in accordance with the procedure established by law.

Therefore, Chemonics shall pay for the cost of services exclusive of VAT. The Program shall provide the successful offeror with a copy of the registration card of the Project purchasing the goods, works and services, issued by the Ministry of Economic Development and Trade of Ukraine and certified by the Project stamp, and a copy of the Procurement plan or an extract from the Procurement plan certified by the Project stamp.

The offeror shall submit a fiscal bill for goods (works, services) completed in accordance with the procedure set forth below and marked “Without VAT”. A fiscal bill shall include the grounds for VAT exemption (Project name, number and date of the relevant contract). The contractor shall submit the declaration to the state tax authority at its location taking into account the abovementioned operations and mentioning VAT exemption code according to the Tax Exemptions Directory.

10. DUNS Number: Companies or organizations, whether for-profit or non-profit, shall be requested to provide a Data Universal Numbering System (DUNS) number if selected to receive an award in response to this RFQ valued greater than or equal to USD$30,000 (or equivalent in other currency). If the Offeror does not have a DUNS number and is unable to obtain one before proposal submission deadline, Offeror shall include a statement noting their intention to register for a DUNS number should it be selected as the successful offeror or explaining why registration for a DUNS number is not possible. Contact Dun & Bradstreet through this webform to obtain a number: https://fedgov.dnb.com/webform. Further guidance on obtaining a DUNS number is available from Chemonics upon request.

11. Eligibility: By submitting an offer in response to this RFQ, the offeror certifies that it and its principal officers are not debarred, suspended, or otherwise considered ineligible for an award by the U.S. Government. Chemonics will not award a contract to any firm that is debarred, suspended, or considered to be ineligible by the U.S. Government.

12. Evaluation and Award:

The award will be made to a responsible offeror whose offer follows the RFQ instructions, meets the eligibility requirements, and is determined via a trade-off analysis to be the best value based on application of the following evaluation criteria. The relative importance of each individual criterion is indicated by the number of points below:

In evaluating proposals, Chemonics will use the following evaluation criteria (on a 100-point scale) to evaluate technical proposals.

During the selection process the following factors will be considered:

Cost (40 points) – bid prices offered by law firm;
Technical factor (25 points) – Confirmed reliability and past performance of a law firm – information provided by law firm, customer feedback / recommendation letters, information in mass media;
Technical factor (35 points) – Past practical experience on providing expertise / legal review of international technical assistance implementation in Ukraine – information provided by law firm, customer feedback / recommendation letters, information in mass media.

Combination of the above technical factors is more important indicator than the cost. However, Chemonics will not determine the winner only based on the best technical proposal without price evaluation. Cost proposals will be assessed on the basis of its rationality, the reasonability and reality. Please note that if there are significant deficiencies regarding responsiveness to the requirements of this RFQ, an offer may be deemed “non-responsive” and thereby disqualified from consideration. Chemonics reserves the right to waive immaterial deficiencies at its discretion.

Best-offer quotations are requested. It is anticipated that award will be made solely on the basis of these original quotations. However, Chemonics reserves the right to conduct any of the following:

Chemonics may conduct negotiations with and/or request clarifications from any offeror prior to award.
While preference will be given to offerors who can address the full technical requirements of this RFQ, Chemonics may issue a partial award or split the award among various suppliers, if in its best
Chemonics may cancel this RFQ at any time.

Please note that in submitting a response to this RFQ, the offeror understands that USAID is not a party to this solicitation and the offeror agrees that any protest hereunder must be presented—in writing with full explanations—to Chemonics International for consideration, as USAID will not consider protests regarding procurements carried out by implementing partners. Chemonics, at its sole discretion, will make a final decision on the protest for this procurement.

13. Terms and Conditions:

This is a Request for Quotations only. Issuance of this RFQ does not in any way obligate Chemonics, any projects being implemented by Chemonics in Ukraine, or USAID to make an award or pay for costs incurred by potential offerors in the preparation and submission of an offer.

This solicitation is subject to Chemonics’ standard terms and conditions. Any resultant award will be governed by these terms and conditions; a copy of the full terms and conditions is available upon request. Please note the following terms and conditions will apply:

Chemonics’ standard payment terms are net 30 days after receipt and acceptance of any commodities or deliverables. Payment will only be issued to the entity submitting the offer in response to this RFQ and identified in the resulting award; payment will not be issued to a third party.
Any award resulting from this RFQ will be firm fixed price, in the form of a purchase order.
No commodities or services may be supplied that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Cuba, Iran, North Korea,
Any international air or ocean transportation or shipping carried out under any award resulting from this RFQ must take place on U.S.-flag carriers/vessels.
United States law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. The supplier under any award resulting from this RFQ must ensure compliance with these laws.
The title to any goods supplied under any award resulting from this RFQ shall pass to Chemonics following delivery and acceptance of the goods by Chemonics. Risk of loss, injury, or destruction of the goods shall be borne by the offeror until title passes to Chemonics.

Section 2: Offer Checklist

To assist offerors in preparation of proposals, the following checklist summarizes the documentation to include an offer in response to this RFQ:

□ Cover letter, signed by an authorized representative of the offeror (see Section 4 for template);

□ Official quotation, including specifications of offered services (see Section 3 for example format);

Note: It is expected that the service provider, law firm, keeps up-to-date, within one year after release, its legal analysis of legal environment and regulations affecting activities of international technical assistance projects in Ukraine.

□ Copy of offeror’s registration or business license (see Section 1.5 for more details);

□ Confirmed past performance of a law firm (information provided by law firm, customer feedback / recommendation letters, information in mass media);

□ Past practical experience on providing expertise / legal review of international technical assistance implementation in Ukraine (information provided by law firm, customer feedback / recommendation letters, information in mass media);

□ Copy of offeror’s tax identification number/tax certificate(-s) (single tax/VAT

Section 3: Specifications and Technical Requirements

1. Scope of work/Terms of reference

Legal analysis of legal environment and regulations affecting activities of international technical assistance projects in Ukraine

Specifications:

The analysis shall cover the following 35 items (see points 1-35 below):

√	Local Counsel Review Items
Registration
1.a. Have regulations or laws related to registration been changed since the last review on April 30, 2018?
1.b. If changed, does local counsel recommend any change or adjustment in Chemonics’ current registration? Provide details on the process and costs associated with closing or amending the current registration.
1.c. If a change is recommended, provide details on the current options. For each type of registration now available, the following implications must be addressed:
A summary of the benefits and restrictions of each type Costs associated with registration, including any initial capital requirements Analysis on ability to implement general programmatic requirements such as entering into local and international subcontracts/purchase orders, making payments, grant making and equipment distribution, import and export ability. What are document retention, renewal and de-registration processes and requirements? Specifically identify any costs associated with each requirement.



Taxation or Other Business Requirements
Have regulations or laws related to taxation or other requirements of doing business been changed or enhanced since the last review on April 30, 2018? What are the implications of any changes based on Chemonics current registration? If registration options have changed and counsel recommends a different registration (see question 1), please address the following questions related to taxation and doing business for each identified current registration option:

Does the registration type reduce the applicability of the bilateral(s) agreement for US Expatriates and Third Country Nationals? What are the tax implications to Chemonics and possible measures to limit tax liabilities? What are the possible income tax implications of each registration option? For example, is world-wide income a consideration for imposing taxes? How can this be limited? Are there taxes or other restrictions on asset transfers between the Chemonics head office and the local project office? What is the process to obtain a tax identification number?




Have there been any changes to the tax requirements or other restrictions applicable to acquisition of goods and services locally (for example, leases, vehicles, land use fees, visas, exit permits)? If taxes apply, identify any changes to the reporting requirements. Would Chemonics be required to withhold local tax and other withholdings from vendors providing goods and services? If withholdings are required, what are the types of reporting are required and to which agency are they made? Have there been any changes to employment taxes? If so, which ones and when? What employee benefits are taxed and at what level? Does this vary by the type of registration? It is Chemonics practice to pay its employees a standard salary and separately – when the employees travel at Chemonics’ request – reimburse its employees for travel expenses substantiated by receipts (with one exception provided for meals allowance for which a flat rate is paid and does not require receipts). In the latter case, when Chemonics reimburses its employees for travel and/or other miscellaneous costs (which are always separate from salary), are such expense reimbursements to local national employees considered taxable income to the employee and therefore subject to income tax withholding?


Record keeping
Have regulations or laws related to record keeping for the current registration method been changed since the last review on April 30, 2018? Confirm what types of records must be maintained by the project, and which government entities have the right to access these records. If change in registration method is recommended, address records required for maintenance and filing for other options. Confirm the current requirements for maintaining original transaction records in the host country, if any, for the current registration method. Confirm what requirements are required for record maintenance or filing when closing the current method of registration. What is a current estimate for the costs associated with closing Chemonics’ registration?



Banking
Have regulations or laws related to banking been changed since the last review on April 30, 2018? If so, provide details on the changed applicability based on Chemonics current registration. If not, confirm that current registration method and bank documents are in compliance. Specify the requirements for establishing and maintaining bank accounts, if changed since last review. In particular, the local counsel shall identify:

Restrictions on who can be a bank signatory Taxes and/or fees, if any, imposed on the withdrawal of funds Restrictions, if any, on currency conversions or transfer of funds into or out of the country Any legal restrictions and/or authorizations of the host country government over any/all assets Any restrictions on transferring funds outside the host country (e.g. transferring unused funds back to the Chemonics head office).




Employment Considerations
Have regulations or laws (including customary laws) changed since the last review on April 30, 2018 related to employment and tax laws for local national employees? Residents with valid work visa? Expatriates? Have the residency restrictions changed? Are residency permits required for expatriates? Tax requirements? Have there been changes in the laws and regulations governing the type of employee agreements/contracts fall under our organization’s registration? And what type of employee benefits are mandated by each employment type? Have there been changes in the fringe benefits (for example: 13^th and 14^th month bonus payment, transportation bonus, etc.) required by local law? Have there been changes in the laws and regulations pertaining to workers’ compensation insurance coverage requirements? Have there been changes in the laws and regulations governing labor law requirements surrounding health coverage, retirement plans, and vacation/sick/other leave benefits. Are there severance requirements, and under what circumstance is severance required? Provide the severance calculation and notification period required? Have there been changes in the laws and regulations governing the probationary period for new employees? What is it? Can an employee be terminated during the probationary period? Have there been changes in the laws and regulations governing how dual citizens are treated? Does the country recognize dual citizens? Have there been changes in the laws and regulations governing employer tax liabilities such as employee’s social security and income tax withholdings and payment of taxes? Have there been changes in the laws and regulations governing working or office requirements mandated by local law? Have there been changes in the restrictions on the currency in which an employer may pay consultants/employees (currency payment restrictions)? Does the current registration method continue to allow the project to to obtain work permits for expatriates (if required), withhold social security and income taxes for local employees, process visas for ST and LT staff, make other employment related actions?











	Is it legal to check a final candidate’s name against certain U.S. government lists, such as the SAM database, to ensure they are not sanctioned, debarred or excluded? Is it legal to complete background checks on individuals whether or not they have been sanctioned and/or debarred from working with the US Government or US contracting agencies?

	Is it legal to run a background check on existing employees? Is it legal to run such checks on existing employees periodically without cause? Can individuals who appear on the USG sanction list, be terminated immediately? Is severance or notice required based on country labor laws?

	Are we required to provide an authorization of release to run background checks or can we provide a letter to the employees of our process/policy? Is there a performance management process detailed in the labor code that must be followed? Are there offenses that require immediate termination? Are there changes to the ST or LT visa regulations, including process for application or renewal, length of stay, type, and penalties for non-compliance?


Security
Have regulations or laws been changed since the last review on April 30, 2018 related to entering into security contracts or maintaining a security platform to protect our project, including specific issues with armed versus unarmed security provision, or specific provisions for security companies? *Note*: It is important to ensure the local counsel is fully briefed on project’s security platform prior to providing security-related guidance. Do any security-related changes intersect with registration, employment or taxation regulations or requirements?

Procurement and Grant Making
Is Chemonics affected by any changes in regulations since the last review on April 30, 2018 related to entering into commodity or services contracts or issuing grants to local or international entities? Do any changes related to procurements or issuing grants intersect with registration, employment, dispute resolution, or taxation regulations or requirements?
Please note any restrictions related to a particular registration option related to conducting procurements, exporting goods procured in country, importing goods procured internationally, or issuing grants to local or international entities.

* Note: Under this RFQ, only update for the indicated period (May 2018 – April 2019) is expected from the service provider.
It is expected that the service provider, law firm, provides its legal analysis of legal environment and regulations affecting activities of international technical assistance projects in Ukraine on a quarterly basis:

- legal analysis for May – July 2018 (Deliverable 1);

- legal analysis for May – October 2018 (Deliverable 2);

- legal analysis for May 2018 – January 2019 (Deliverable 3);

- legal analysis for May 2018 – April 2019 (Deliverable 4, final).

Section 4: Offer Cover Letter

The following cover letter must be placed on letterhead and completed/signed/stamped by a representative authorized to sign on behalf of the offeror:

To: Chemonics International Inc.

35 Tarasa Shevchenka Blvd., BC “Europa Plaza”, Building 2, 6-th floor, Kyiv city, 01032

Reference: RFQ No. ARDS-18-650-S

To Whom It May Concern:

We, the undersigned, hereby provide the attached offer to perform all work required to complete the activities and requirements as described in the above-referenced RFQ. Please find our offer attached.

We hereby acknowledge and agree to all terms, conditions, special provisions, and instructions included in the above-referenced RFQ. We further certify that the below-named firm—as well as the firm’s principal officers and all commodities and services offered in response to this RFQ—are eligible to participate in this procurement under the terms of this solicitation and under USAID regulations.

Furthermore, we hereby certify that, to the best of our knowledge and belief:

We have no close, familial, or financial relationships with any Chemonics or its projects staff members;
We have no close, familial, or financial relationships with any other offerors submitting proposals in response to the above-referenced RFQ; and
The prices in our offer have been arrived at independently, without any consultation, communication, or agreement with any other offeror or competitor for the purpose of restricting competition.
All information in our proposal and all supporting documentation is authentic and accurate.
We understand and agree to Chemonics’ prohibitions against fraud, bribery, and kickbacks.

We hereby certify that the enclosed representations, certifications, and other statements are accurate, current, and complete.

Authorized Signature:

Name and Title of Signatory:

Date:

Company Name:

Company Address:

Company Telephone and Website:

Company Registration or Taxpayer ID Number:

Company DUNS Number, if any:

Does the company have an active bank account (Yes/No)?

Official name associated with bank account (for payment):

Does the company agree for VAT-exemption (Yes/No)?