Mineral tender development and geological services including geological and technical support and legal support

Date: October 10, 2013 THIS IS A REQUEST FOR INFORMATION (RFI) ONLY. This Request for Information (RFI) is a mechanism for obtaining feedback from contractors in regard to the requirements stated below, and is part of the acquisition planning and market research phase for this acquisition. The industry input received from this RFI will aid in determining available sources that can meet the Government's below stated requirements and may be considered in preparing an official solicitation package. This RFI does not constitute a solicitation. The anticipated NAICS codes for this requirement are 541110, Offices of Lawyers and 541330, Engineering Services (Geological). If contractors believe a more appropriate NAICS code applies to the requirement as described below, include this feedback in your response. THIS IS NOT A SOLICITATION. INTRODUCTION: The Department of Interior (DOI), Interior Business Center (IBC), Acquisition Service Directorate (AQD) in Herndon, VA, is issuing the subject Request for Information (RFI) from small business concerns only (please specify which type of small business concern) on behalf of the Task Force for Business and Stability Operations (TFBSO), Department of Defense in Afghanistan. AQD is a federal franchise fund contracting office within DOI and is authorized to provide acquisition support to all federal and DoD agencies under the authority of the Government Management Reform Act (GMRA). SUBJECT: Request for Information for Mineral Tender Development and Geological Services; RFI #D14PS00004 This RFI does not commit the Government to contract for any supply or service. The U.S. Department of the Interior, Interior Business Center, Acquisition Services Directorate is not at this time seeking quotes. Small Business responders are advised that the U.S. Government will not pay any cost incurred in response to this RFI. All costs associated with responding to this RFI will be solely at the interested parties' expense. Any information provided by contractors to the Government as a result of this RFI is voluntary. The information provided in this RFI is subject to change and is not binding on the Government. 1. SUMMARY: The Task Force for Business and Stability Operations (TFBSO) supports the security interests of the United States and its Coalition Partners in Afghanistan by focusing efforts on revitalizing the national and provincial economies. 2. DESCRIPTION OF THE REQUIREMENT: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Mineral tender development and geological services as defined in the Performance Work Statement except for those items specified as government furnished property and services. The contractor shall provide the US Government, through the TFBSO information on the current position of governmental and legal infrastructure related to mining, to apply the Contractor's global experience in advancing the tender targets, and ultimately to assist the Government of Afghanistan in developing a world class tender process which is both sustainable and efficient and to implement the tender process with respect to a number of tender targets. Specifically, the Contractor will exercise its independent judgment in ways useful to TFBSO on a process to facilitate the tender of bids to explore and exploit mineral wealth in Afghanistan by domestic and foreign investors. The contractor will advise on issues as related to mineral tenders, mineral assets and artisanal mining licensing in light of their experience in the global mining sector. The Contractor will work within the Ministry of Mines and Petroleum and Petroleum to advise, train and build capacity on issues relating to mineral tendering and mineral asset management. The Contractor will also assist the Afghan government in identifying, prioritizing and readying additional assets for tender in a manner that is consistent with international best practices and is reasonably calculated to lead to sustainable and responsible long term development of Afghanistan's mineral resources. In conjunction with the above, the Contractor will provide information, analysis, training and research to Afghan government officials. The Contractor shall provide such services, documents, analysis and other deliverables helpful to advance mineral exploration and mineral tenders in Afghanistan. Tasks under this requirement fall into two specific categories - services for mineral tender development and geological services. Geological Technical Support o Draft reports and data collection in an investor focused medium, which may include certified technical reports, investor due diligence information, website content, data site population and organization and such other investor information or analysis as requested or helpful to the tender process o Review the current Afghanistan Mining code and regulations in consultation with the legal advisor and make suggestions for amendments to the Mining code and regulations helpful to the tender process, consistent with international best practices and specifically tailored to Afghanistan's unique resource needs, particularly from a technical perspective. Briefings and discussions on the same, as requested o Produce and deliver information sessions and perform analysis and research on the same for Ministry of Mines and Petroleum personnel and Afghan government officials on the mining industry, mining economics, international mining markets, technical requirements for successful mine development, comparison studies to other successful and unsuccessful mine developments, best practices, and such other topics as helpful to the tender process and development of a go forward plan for sustainable natural resource development in Afghanistan o Provide regular counsel and analysis (by phone, in person, or via email or memorandum), as requested, on issues helpful to the tender process or Afghanistan's long term development strategy o Review tender documentation and tailor form tender documentation for the specific requirements of individual tender prospects o Engage in strategic marketing, including drafting marketing material, attend, draft and give investor presentations and road shows, and answer potential investor or government questions and queries, particularly from a technical perspective (either in oral or written form) o Assistance with launch and bid process for existing tender targets; use technical knowledge and experience to ensure and facilitate adherence to the tender documentation o Assist in technical evaluation of bids and proposals for the tender targets, including making presentations and drafting analysis of proposals and bids o Assist in negotiation of contracts for tender sites as requested by Ministry personnel o Engage in site visits, review and compilation of existing data; create new data including sampling or such other method of obtaining geographical or other data relevant to development of the tender targets in furtherance of future tenders. Draft reports, compilations, analysis and collect and organize such data as helpful to future tenders o Draft ranking of mineral prospects in Afghanistan and assist strategic prioritization of future tenders, exploration, sampling and make suggestions on methods (including future drilling programs) and process for improving data available to the government and potential investors in furtherance of sustainable and responsible development of Afghanistan's natural resources o When necessary, assist in the oversight of drilling at various sites in Afghanistan. Participate in advising the TFBSO and Ministry of Mines and Petroleum on implementation of various types of mines around the country o Review and comment on geological training materials designed by TFBSO and other associated subject matter experts. Manage implementation of geological training materials, assess progress and coordinate with other donor agencies o In accordance with previous work done by TFBSO and partners, assist the Ministry of Mines and Petroleum with creation of a regulatory and monitoring body. Work with Ministry personnel to source, evaluate and train employees who will eventually monitor and inspect contracts on the technical aspects of exploration and mineral extraction. Assist with planning of training trips to various mining regulatory bodies and active mines throughout the world o Assist with training Ministry and GIRoA personnel on responsible community development around current and future mining sites. Assist in training personnel on creation of development timelines o Contractor must include Ministry of Mines and Petroleum and staff in completion of above tasks. Contractor will provide the Ministry of Mines and Petroleum staff with the training needed to eventually complete tenders on their own. This will require as many of the above tasks as possible to be completed in Kabul, on site at the Ministry. Legal Support o Analyze the current Afghanistan Mining code and regulations as well as other laws relevant to mining, including artisanal licensing, taxation and foreign investment. Suggest amendments to the overall Mining code, artisanal licensing code and regulations helpful to the tender process and consistent with international best practices. Create briefings and discussions on the same, as requested o Consult with local counsel to ensure tender documents and process complies with Afghan law o Draft final version of the documents required for mineral tenders (including request for expressions of interest, short form request for expression of interest pre-qualification criteria and scoring matrices, tender security and confidentiality agreements, and request for proposal documentation) and a draft of a model mining agreement that is consistent with international best practices and is tailored to specific requirements of Afghan law and regulations; adopting such documents for specific mineral tenders o Draft and negotiate mining agreements and ancillary documents helpful to the tender process o Produce and deliver regular information sessions for Ministry of Mines and Petroleum personnel and government officials on the tender documentation, tender process, and international best practices and such other topics as helpful to the tender process o Apply a global knowledge relevant and comparable mining regimes that illustrates comparison of current law and regulation in Afghanistan versus the comparable developing country law on issues including: licenses awarded, royalties, taxation, incentives, dividends and exchange control, and sale of minerals helpful to the tender process and helpful to the evaluation of bids o Assistance with launches and bid process, ensure and facilitate adherence to the tender documentation and assist in evaluation of bids and proposals o Provide regular legal counsel (by phone, in person, or via email or memorandum) to the Ministry of Mines and Petroleum, as requested, on issues helpful to the tender process or Afghanistan's development of a sustainable and responsible mining industry o Draft marketing material (including producing and updating the tender target websites); attend investor presentations and road shows, produce presentation content, and answer investor questions and queries regarding tender process (either in oral or written form) o Review current artisanal mining laws. Review current Afghan artisanal mining laws and assist Ministry of Mines and Petroleum with draft of new artisanal code and recommend changes if necessary. Draft artisanal mining license application packet if necessary o Draft and update tender documentation for future minerals tenders and launch future tenders, as requested o In accordance with previous work done by TFBSO and partners, assist the Ministry of Mines and Petroleum with creation of a regulatory and monitoring body. Work with Ministry personnel to source, evaluate and train employees who will eventually monitor contracts on the legal aspects of exploration and mineral extraction o Contractor must include Ministry of Mines and Petroleum staff in completion of above tasks. Contractor will provide the Ministry of Mines and Petroleum staff with the training needed to eventually complete tenders on their own. This will require as many of the above tasks as possible to be completed in Kabul, on site at the Ministry o Contractor must draft transition of tasks report for Ministry of Mines and Petroleum staff, which they can then pass on to other donor agencies or MoMP personnel. 3. EXPERTISE REQUIREMENTS: In order to perform the tasks under this requirement, a minimum level of expertise is required from the contractor. For example, the firm contracted to provide the support under this requirement shall possess experience in the design, negotiation, and drafting of a full range of tenders necessary for the exploration of a sovereign nation's mineral wealth. Also, a qualified contractor shall have experience representing countries/exporters and should have experience with transitioning post-Soviet economies in regard to the mineral resources market. Small business concerns submitting a proposal in response to a potential solicitation and seeking consideration via a small business set-aside need to satisfy the requirements of FAR 52.219-14, Limitations on Subcontracting, which will be included in any resultant contract. The Government anticipates a majority of the effort expended under this requirement will be provided by attorneys. Therefore, and IAW the FAR, at least 50% of the cost of contract performance incurred for personnel shall be expended for employees of the [small business] concern. A pass-through arrangement allowing for the majority of the effort expended to be performed by a legal/law firm contractor would be prohibited. 4. PERIOD OF PERFORMANCE: The period of performance for this effort is approximately 11 months from date of award, plus one 6-month Option Period. 5. PLACE OF PERFORMANCE: Performance shall occur primarily in Afghanistan. Under authority of DFARS 252.225-7040, Camp Atterbury, IN is designated as the point of departure for contractor personnel under this contract. 6. TRAVEL: Travel for this effort is anticipated for contractor personnel. Travel associated with this contract entails transporting parties of interest to venues vital to the success of the "Mineral Tender Development and Geological Services" requirement inside and outside the borders of Afghanistan. 7. CLEARANCE LEVEL: This potential requirement is unclassified. 8. CONTRACTOR PERSONNEL PHYSICAL SECURITY IN AFGHANISTAN: While the contractor is in Afghanistan, the Government shall provide a security contractor team to be responsible for providing protective detail and ground transportation. 9. STRUCTURE FOR RESPONSES: All interested certified small business concerns (please specify which type of small business) who believe they can meet the requirements described in this RFI are invited to submit, in writing, complete information describing their ability to provide the deliverables under this effort. Once again, this is NOT A SOLICITATION and is being posted as part of acquisition planning and market research. Responses to this RFI shall include information demonstrating the following qualifications necessary for this requirement: - Experience in representing United States federal governmental entities. - Similar work performed in countries in the Middle East and/or Central Asia, with preference given to experience working with Afghan ministries. - Legal and contracting requirements experience in international mineralogical tenders. Include specific examples of work performed comprised of dollar value of tender documents, country for which service was performed, and scope of services provided. - Technical and commercial data collection and management experience. - An organizational background, including specific small business set-aside designations Responses shall not exceed 5 pages on standard 8 x 11 inch and should include the organization's name, DUNS number, the name, email address and telephone number of a point of contact having authority and knowledge to discuss responses with Government representatives. Only electronic submissions of information in Microsoft Word, Excel, or Adobe PDF format as appropriate provided to the email address specified will be accepted. RFI responses should be sent to the email address shown below. All emails should include in the subject line the RFI number and the submitting organization's name. Responses shall also indicate the likelihood of responding to an actual solicitation, if an actual solicitation is issued, using the following: ? 75% to 100% ? 50% to 74% ? 25% to 49% ? Less than 25% All interested parties should provide their submissions via email by 11:00 AM Eastern on October 24, 2013. There will be no posting of questions and answers resulting from this notice. Submit response and information to the following: Point of Contact: David A. Ialenti Email: contact@example.gov