R -- Personal Services Contractor for Legal Reform Advisor

SOLICITATION NUMBER: M/OAA/GRO/EGAS-06-167ISSUANCE DATE: November 15, 2005 CLOSING DATE/TIME: December 19, 2005, 15:00 Local time, Washington, D.C. POSITION TITLE: Legal Reform Advisor MARKET VALUE: $103,947 - $135,136 PERIOD OF PERFORMANCE: Two Years PLACE OF PERFORMANCE: Washington, D.C. SECURITY ACCESS: Secret AREA OF CONSIDERATION: U.S. Citizens Only I. Background The U.S. Agency for International Development (USAID), Bureau for Europe and Eurasia (E&E), Office of Economic Growth, is seeking to hire under a Personal Services Contract (PSC) a qualified individual to fill the position of Legal Reform Advisor. Under the direction of the Division Chief of Market Transition and/or his/her designee with the Office of Economic Growth, the Advisor will provide substantive analytical and technical expertise in the area of legal reform that promotes market based economies creating sustainable job growth. The work will support the Bureaus objective of promoting a sound, competitive and market responsive private economic sector which is key to the transition from a centrally planned to market economy. Below are some of the priority economic and legal reform areas on which the E&E/EG Office works: (1) Enterprise formation (company--laws, business registries); (2) Business transactions (contract law, collateral/secured transactions law and registries); (3) Tax regimes (income, payroll taxes as they affect business decisions); (4) Business finance (access to debt and equity capital via effective banking and capital markets systems); (5) Accounting standards and practices consistent with international norms and conducive to foreign investment; (6) Open competition (de-regulation policy, anti-monopoly laws, government procurement rules, etc.); (7) Land issues (privatization, titling, real estate markets) (8) Trade regimes (laws/policies on subsidies, customs, tariffs, intellectual property, etc.); (9) Effective means for business exit '(bankruptcy and insolvency laws and procedures); (10) Labor market laws and policies (labor market flexibility, ease of hiring and firing); and (11) Anti-corruption measures (financial disclosure, ethics codes, and watchdog groups) to help insure transparency and credibility in the functioning of laws and policies. The E&E Bureau and Missions in the region rely on the technical staff in Washington to help develop economic growth strategies for individual countries, and perform assessments, design new technical assistance activities, and evaluate current programs. Washington technical staff are expected to play an important role in bringing practical USAID (and other donor/IFI) knowledge not only regarding the economic reform models which have worked (or not worked) in the region but also the experience of the last ten years in implementing comprehensive and interactive economic reform programs and individual activities. This ensures that new economic growth programs incorporate the lessons learned, both positive and negative, and use the most effective technical assistance models to accelerate the transfer of skills and expertise. Duties and Responsibilities Under the technical direction of the Chief, Market Transition Division, in the E&E/EG office, or his or her designee, and in close coordination with the USAID Missions in E&E, the Legal Reform Advisor will be responsible for (1) identifying and assessing the problems and obstacles experienced by private sector participants and relevant government bodies with a focus on commercial and economic laws/policies, business regulation and institutional development: (2) designing, developing, and evaluating specific interventions to address the constraints and barriers to private sector development in the region, taking into account the current needs of the private sector and governments, other donor activities, and past program designs and interventions; and (3) representing USAID in economic and legal reform discussions with senior level host government, other multilateral and U.S. Government agencies and ensuring effective interaction and coordination with those entities. More specifically, the Legal Reform Advisor's duties will include, but not be limited to, the following: 1. Provide leadership in developing and refining strategies for commercial and economic law, business regulatory and institutional development throughout E&E. Develop comprehensive strategies and approaches which are integrated into regional as well as country-specific market reform strategies. In so doing, design and carry out field analyses and assessments as well as periodic workshops and conferences on commercial and economic laws/policies, business regulation and institutional development. 2. Maintain and disseminate information for use by USAID and other interested entities on the status and progress of legal/regulatory/institutional aspects of private sector development in E&E countries. Provide for means of regular updating the information, refinement of program indicators and measures, and effective summary presentations of most relevant information and findings to USAID Missions and senior USAID managers. 3. Design and develop cost-effective activities (involving contracts, grants, interagency agreements with USG-agencies, transfer of funds to public international organizations, etc.) for both regional and country-specific commercial and economic law, business regulatory and institutional development initiatives. This includes, but is not limited to, conducting or participating on country- and/or sector-level assessments, designing projects, identifying funding and implementation mechanisms, developing terms of reference for assistance programs, conducting needed competitions, reviewing bids, and overseeing implementation once the activities are underway. In addition, this includes the pursuit of innovative means to engage the services of lawyers, business economists, judges, and other professionals on a pro bono basis which might reduce total activity costs while enhancing effectiveness. 4. Establish and maintain high-level professional contacts with counterpart senior officials and representatives of the World Bank, the IMF, the OECD, the EBRD, the EU, other USG agencies and private sector entities (foundations, NGOs, etc.) involved in commercial and economic law, business regulatory and institutional development in the E&E region. 5. Keep abreast of professional literature in order to (a) promote coordination of bilateral and multilateral assistance and (b) identify alternative project implementation mechanisms and lessons learned to refine the design and delivery of USAID assistance. 6. Analyze findings and research on commercial and economic law, business regulatory and institutional development topics, write positions papers, conduct briefings, deliver formal presentations, etc., in the context of professional meetings, conferences, seminars, etc., and for Missions, senior level USAID as well as non-USAID audiences. Other Characteristics 1. Degree of Responsibility for Decision Making The Advisor will perform under the general administrative direction of the Chief of the Market Transition Division for matters pertaining to program policy and strategy. He/she will have general administrative discretion with wide latitude for the exercise of independent judgment and responsibility and has formal decision making authority to make decisions on all technical and substantive matters pertaining to program implementation. 2. Level of Complexity of Work Assignments The Advisor must have leadership capabilities to enable her/him to conceive, plan, coordinate, and manage activities across a broad range of economic growth programs in the E&E region. S/he obtains input and collaborates substantially with other experts in a variety of professional disciplines, both inside and outside AID. Issues and problems are often complex and involve intricate technical details, competing political interests, and sensitive negotiations for resolution. The Advisor must be capable of responding appropriately to sensitive and urgent situations, requirements, inquiries, and tasks. In providing advice, the Advisor must have a thorough understanding of development issues and USAID management and administrative procedures. 3. Knowledge Level Required The Advisor must have broad knowledge and experience working in economic and legal reform and private sector development in the E&E region as demonstrated by level of education and progressively more responsible experience. S/he must be able to judge various technical merits from a range of potential interventions and make decisions on the technical content of selected interventions. The Advisor must understand the economic policy environments of individual countries within the region as well as the various approaches other donors use to promote economic and legal reform. S/he should be able to apply complex analytical methods to determine program feasibility and to advise others within USAID on issues relating to economic and legal reform. 4. Supervisory Controls The Advisor reports directly to the Chief of the Market Transition Division of the E&E Bureau's Office of Economic Growth. The Advisor is allowed a wide degree of latitude in making independent decisions with regard to managing and planning activities and initiatives under her/his purview. 5. Guidelines Guidelines for the Advisor are broadly stated in the Federal and Agency regulations, laws, executive orders, policy and strategy documents. The Advisor is expected to exercise sophisticated judgment and initiative in researching, interpreting, planning, and adapting financial sector development programs. 6. Scope and Effect of Work Performed The purpose of this position is to initiate, plan, coordinate, and analyze important economic and legal reform programs in the E&E region. The Advisor must be able to identify issues, develop and analyze program feasibility and implementation options, and provide guidance on policy options and issues. A key aspect of the position is to assure policy and program coherence of economic and legal reform programs across the region and develop a network of relevant mission, host government, international financial institution and private sector counterparts. The Advisor must be able to lead and direct many other technical professionals involved in program implementation. 7. Level and Purpose of Contacts The Advisor will initiate contact and maintain working relationships with high level officials and other personnel in Washington and the E&E region. These include officials and other specialists in USAID, at other donors and non-governmental organizations, in international financial institutions, in the private sector, and in E&E countries. These contacts include senior leadership and management of these organizations. The purpose of the contacts is to collect, summarize analyze, interpret information on a variety of issues affecting economic growth and legal reform programs; negotiate with collaborating groups on program content and/or varying points of view; resolve difficult and complex policy and implementation issues; advise senior leadership on program content and progress; and to establish productive working relationships with program partners. Terms of Performance The Legal Reform Advisor shall perform the preceding services for two (2) years. This contract will be reviewed annually by E&E/EG management with input from client missions and peers and may be renewed up to but no longer then three (3) years for a total of not more than five (5) under this Personal Services Contract at the discretion of USAID. The Advisor will report to the Chief of the Market Transition Division, Office of Economic Growth. Minimum Qualifications 1. Education: Applicants for this position are expected to hold a graduate or professional degree in law, business administration, economics, international development, public administration, or political science. A law degree is preferable, but all applicants (other than those with a graduate degree in economics) must also have a solid understanding of economics based on undergraduate degrees. 2. Experience: Because this position is a high-level, advisory position in a unique technical area, candidates are expected to: - have a minimum of five years of hands-on management experience directly related to commercial and economic law and business regulatory reforms in developing countries, with a minimum 2 years in the E&E region - Familiarity with E&E and its political, economic and development realities as well as a thorough understanding of major economic and legal problems frequently faced by transition economics. - Technical knowledge of the concepts, principles, strengths, and weaknesses of different approaches to economic and legal reform in transition economies, evidenced by analytical work performed in the context of prior employment that addresses economic, financial, institutional, legal other factors. - Knowledge of and the ability to use word processing including Microsoft Windows, Microsoft Office Suite and internet applications. 3. Communication skills: The Advisor must have the ability to provide concise, timely written presentations to large and high-level audiences and possess excellent oral presentation skills as demonstrated during selection interview. Candidates will also be asked to submit writing samples. 4. Language: Fluency in a foreign language widely used in E&E countries is useful but not required. 5. Travel: Regular travel throughout the E&E region is required Other: The candidate must possess excellent written skills as demonstrated by a brief writing sample related to financial sector development, not to exceed to 3 pages, which must be submitted with applications and oral skills as demonstrated during an interview with the selection committee. He/she must have highly developed computer skills for generating documents, spreadsheets, presentations and databases utilizing Microsoft Office software as demonstrated by course work, certifications, and/or previous experience. He/she must also possess strong interpersonal skills and be able to work with technical interdisciplinary teams working under tight deadlines. Candidates must be in excellent health and be available to travel to the E&E region on a frequent basis (possibly up to 50% of the time). Selection Criteria The Legal Reform Advisor selection criterion will be scored as follows: 25 points: Legal reform experience and education 25 points: Experience in the E&E region and transitional economies 20 points: International technical assistance experience including knowledge of donor programs and 30 points: Interpersonal, negotiation, and organizational and managerial skills. Basis of Evaluation - Two tier process Tier 1: Candidates applications will be evaluated on the extent and quality of their experience, education, and accomplishments as they relate to this position. Up to a total of 70 points may be awarded for experience and education. These factors are considered essential for successful job performance and those applicants receiving the highest scores will be considered in the competitive range and will be short-listed for interviews. Tier 2: Those who meet these minimum qualification requirements will be further evaluated in an interview. Up to 30 points may be awarded for interpersonal, negotiation, organizational and managerial skills and the applicant receiving the highest score will be selected. The interviews will center on: 1. Ability to deal with associates and representatives of foreign governments, congressional staff members, private sector and other government agencies. 2. Ability to effectively communicate analytical information pertaining to E&E country issues and constraints to legal reform. II. BENEFITS/ALLOWANCES: As a matter of policy, and as appropriate, a PSC is normally authorized the following benefits and allowances: A. Benefits: (1) Employee's FICA Contribution (2) Contribution toward Health & Life Insurance (3) Pay Comparability Adjustment (4) Eligibility for Worker's Compensation (5) Vacation & Sick Leave (only earned for actual work days) B. Allowances (If Applicable): (1) Post Differential (Chapter 500*) and (2) Danger Pay (Section 650*) * Dept. of State Standardized Regulations (DSSR) (Government Civilians Foreign Areas). C. Federal Taxes: US PSCs are not exempt from payment of Federal Income taxes. III. APPLYING: A. Qualified Individuals should note that: 1. Applications must be received by the closing date and time at the address specified in the cover letter or they will not be considered eligible for evaluation or award, unless the Contracting Officer determines that the documents were mishandled by the receiving agency or there is acceptable evidence to establish that it was received by the Government installation prior to the time and date specified in the solicitation. The closing time for receipt of applications is 4:00 pm on the date specified in the cover letter. You are directed to Federal Acquisition Regulation, Part 15.208 - Submission, modification, revision, and withdrawal of proposals for further information. 2. To ensure consideration of applications for the intended position, please reference the solicitation number on your application, and as the subject line in any cover letter, as well as using the address/delivery point specified in this solicitation. 3. The highest ranking applicants may be selected for an interview, but an interview is not always necessary. B. List of required forms for PSCs Forms outlined below can be found at: www.usaid.gov/procurement_bus_opp/procurement/psc_solicit/ 1. Standard Form 171 or Optional Form 612. (U.S. Government Standard Form 171 or Optional Form 612 is available at the USAID web site, http://www.usaid.gov/procurement_bus_opp/procurement/forms or internet http://fillform.gsa.gov or at Federal Offices). Applicants are required to sign the certification at the end of the SF-171 or OF-612. Applications that are received without a signature will not be considered for the position. Applicants are encouraged to write a brief appendix to the SF-171 or OF-612 to demonstrate how prior experience and/or education and training address both the Selective and Evaluative Factors listed in Section I above. Forms 2 through 5 shall be completed only upon the advice of the Contracting Officer that an applicant is the successful candidate for the job. A prerequisite for employment is a completed background investigation that reflects one's qualification for a Secret security clearance. 2. Medical History and Examination (DS-1843). 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). C. Electronic Application 1. I authorize application by email vice hardcopy subject to the following understanding: - The USAID email gateway accepts messages whose total size with attachments is no greater than15 Mb; - An email application must be submitted to jgoodwin@usaid.gov, the subject line of the email must contain the solicitation number M/OAA/GRO/EGAS-06-167; - Acceptable native file formats are Microsoft Office Suite applications (.DOC, .XLS, .MDB) or Adobe Acrobat (.PDF); Time of receipt of the email is the USAID email gateway time-stamp of the message header; 2. Applicants are encouraged to request a return receipt for their email submission. IV. ACQUISITION AND ASSISTANCE POLICY DIRECTIVES (AAPD) AND CONTRACT INFORMATION BULLETINS (CIBs) PERTAINING TO PSCs AAPDs and CIBs contain changes to USAID policy and General Provisions in USAID regulations and contracts. Please refer to the below web site to determine which AAPDs and CIBS apply to this contract. http://www.usaid.gov/business/business_opportunities/cib/subject.html#psc