SPECIFIC PROCUREMENT NOTICE: Individual Consultant’s Services - FIDIC Legal Advisory Services for MCA-Mongolia

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Specific Procurement Notice

Individual Consultant’s Services

FIDIC Legal Advisory Services for MCA-Mongolia

Contract number: MCA-M/ICS/032

Ulaanbaatar, Mongolia

January 19, 2024

The United States of America, acting through the Millennium Challenge Corporation (“MCC”) and the Government of Mongolia (the “Government”) have entered into a Millennium Challenge Compact for Millennium Challenge Account assistance to help facilitate poverty reduction through economic growth in Mongolia (the “Compact”) in the amount of approximately three hundred fifty million Dollars (US $350,000,000) (“MCC Funding”). The Government, acting through the Millennium Challenge Account – Mongolia (the “MCA-Mongolia”), intends to apply a portion of the MCC Funding to eligible payments under a contract for the FIDIC Legal Advisory Services. Any payments made by the MCA Entity under the proposed contract will be subject, in all respects, to the terms and conditions of the Compact and related documents, including restrictions on the use and distribution of MCC Funding. No party other than the Government and the MCA Entity shall derive any rights from the Compact or have any claim to the proceeds of MCC Funding. The Compact and its related documents can be found on the MCC website (www.mcc.gov) and MCA-Mongolia website (http://mca-mongolia.gov.mn).

The Compact program addresses one of the country’s most binding constraints to economic growth: costly access to water and sanitation. The Compact will assist the Government in meeting the projected demand for water in the capital city of Ulaanbaatar for residential consumers and commercial and industrial users through a Water Supply Project, consisting of three closely related investment activities:

  • A Downstream Wells Activity, to construct new groundwater wells with attendant transmission lines, reservoirs, and an advanced water purification plant (“AWPP”);
  • A Wastewater Recycling Activity, to construct a new wastewater recycling plant and pipelines to provide high-quality treated wastewater that can be used instead of freshwater by water-intensive industries, thereby increasing the amount of freshwater available for household consumption; and
  • A Water Sector Sustainability Activity, to support policy reforms, capacity building, and technical assistance to improve the long-term sustainability of Ulaanbaatar’s water supply.

MCA-Mongolia now invites qualified and experienced individual consultants to provide FIDIC Legal Advisory Services for MCA-Mongolia.                                                                  

The consultant is expected to have the following qualifications and experience:

  • Minimum Bachelor’s degree in law. Engineering degree will be considered as an advantage;
  • Fluency in English;
  • Minimum 10 years of experience in providing similar legal advisory services to Employers and/or Engineers and/or Contractors on the FIDIC Red and Yellow Book Contracts;
  • Minimum 5 years of experience in the management and administration of FIDIC contracts, including the management of contractors and consulting engineers to ensure works are completed on time and within budget;
  • Minimum of 5 years of experience in the process of managing claims and disputes under FIDIC Contracts including rights and remedies;
  • Proven experience in handling and/or actively participating in international arbitration(s) in accordance with the UNCITRAL arbitration rules; and
  • Proven experience in providing legal training services on FIDIC contracts, including coverage of the legal terms and conditions of FIDIC contracts.

Detailed Terms of Reference and Submission Documents are included in the Request for Application (RFA) Document.

The Consultant will be selected in accordance with the procedures for the selection of Individual Consultants set out in the MCC Accountable Entity Procurement Policy & Guidelines, which are provided on the MCC website (www.mcc.gov). MCA-Mongolia will select one top-ranked Individual Consultant to perform the described services.

To register and request the complete RFA, interested Consultants should send an e-mail with the subject line “Request for RFA for FIDIC Legal Advisory Services for MCA-Mongolia” to the Procurement Agent at PA-Mongolia@charleskendall.com with a copy to procurement@mca-mongolia.gov.mn. Interested Consultants should provide their full contact information in the email message. This will also ensure that interested consultants receive updates regarding this RFA.

Any clarifications needed shall be submitted in writing to Procurement Agent at PA-Mongolia@charleskendall.com, cc to procurement@mca-mongolia.gov.mn no later than January 26, 2024 by 2:00 pm Ulaanbaatar Time. MCA-Mongolia will consolidate all submitted requests for clarifications and will issue a Q&A document no later than January 30, 2024 by 5:00 pm Ulaanbaatar Time.

Applications must indicate the name of the services and be uploaded to the submission link as specified in the RFA document no later than February 6, 2024, at 5:00 pm local time in Ulaanbaatar, Mongolia. Only electronic submissions will be permitted (applications submitted by email and hard copies will not be accepted). Late proposals will be rejected.

Millennium Challenge Account–Mongolia

Clarification #1
Clarification #2
Clarification #3