General Statement of Purpose of the Contract

The USAID/Kenya and East Africa Mission’s Legal Advisor works under the general supervision of the Senior Resident Legal Officer.  S/he provides legal and ethics advice and counsel on matters of U.S., international, and local law in Kenya, and provides advice on contracting and on issues affecting USAID program/project/activity implementation. The Legal Advisor will serve as an advisor to project and activity managers, especially in areas of governance, and will represent the RLO to Offices and Teams throughout the Mission. 

The work will include the full range of consultative, advisory, monitoring, management, data collection, and analysis associated with USAID program/project/activity implementation, and the evaluative aspects of providing legal advice and counsel to USAID/Kenya and East Africa on a variety of local law matters relating to Mission programs and operations (i.e., labor law, public financial management, contractual matters, etc.), registration and taxation of implementing partners (IPs), customs, and other bilateral issues that may arise.

The Legal Advisor will counsel, collaborate, and coordinate with Mission colleagues in Kenya; work with U.S. Embassy colleagues regarding matters of local law and privileges and immunities under international law, including issues related to taxation and customs duties; and will collaborate with colleagues from the donor community, IPs, the Kenyan government, and non-governmental organizations. The Legal Advisor is normally based in Nairobi with periodic travel to various counties required.

GENERAL INFORMATION

USAID DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW, PROCESSING, OR TRAINING) AND DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANT’S BANK ACCOUNTS.

1. SOLICITATION NO.: 22-180

2. ISSUANCE DATE: October 26, 2022

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: November 8, 2022 (4:30 PM East Africa Time).

4. POINT OF CONTACT: USAID Kenya and East Africa Human Resources, e-mail at [email protected]

5. POSITION TITLE: Legal Advisor.

6. MARKET VALUE: Equivalent to FSN-10 Step 1 (3,341,686 KSH per annum) to Step 13 (5,680,858 KSH per annum). In accordance with AIDAR Appendix J and the Local Compensation Plan of USAID/Kenya and East Africa. Final compensation will be negotiated within the listed market value.

7. PERIOD OF PERFORMANCE: The services provided under this contract are expected to be of a continuing nature that will be executed by USAID through a series of sequential contracts, subject to the availability of funds, the continued need for services and successful performance. It is anticipated that the selection of the successful candidate will be completed within an estimated six-month period from the closing date of this solicitation. The base period will be for one year with the commencement date based upon successful medical clearance and security certification. Contingent on Agency needs, the Contracting Officer may exercise four additional option periods from the contract commencement date.

8. PLACE OF PERFORMANCE: Nairobi, Kenya; with possible travel as stated in the Statement of Duties.

9. ELIGIBLE OFFERORS: Open to qualified Kenyan Citizens, including current locally hired employees of the US Government in Kenya. Employees presently on probation are ineligible to apply.

10. SECURITY LEVEL REQUIRED: Security certification issued by the US Embassy RSO.

Statement of Duties to be Performed

1. Legal Advice and Ethics Counseling 40%

The Legal Advisor provides legal advice and counsel to the Mission and its staff on matters of local law relating to programs/projects/activities in USAID/Kenya and East Africa and associated “business” operations.  As required, the Legal Advisor prepares or obtains legal opinions and briefs regarding questions of Country law, and reviews program material for soundness and accuracy with respect to local law.  The Legal Advisor will assist all Technical and Support Offices in the design and implementation of activities and with appropriate legal related operational matters.  The Legal Advisor tracks legislative and regulatory initiatives and prepares reports on executive and legislative activities/developments affecting USAID or its partners for the RLOs, senior Mission management, and Technical Offices.  The Legal Advisor assists the RLO on all legal aspects of taxation of assistance and registration; represents Missions in meetings with host governments and other donors regarding legal issues; and participates in working groups to develop implementing procedures for tax and customs exemptions including, as necessary, analyzing and drafting modifications to local law. The Legal Advisor participates in the writing, review, and/or analyses of Memoranda of Understanding (MOUs), implementing procedures for bilateral agreements and other legal documents, and participates in negotiations on proposed MOUs and agreements. The Legal Advisor drafts or reviews local leases and contracts for legal sufficiency, including contracts for the procurement of goods and services funded by USAID.

The Legal Advisor works to obtain information through direct liaison, or through intermediaries, with senior government officials in Country, including key legislative and executive offices, maintains contact with members of the private bar and judicial officials on matters of local law; and, as requested by the RLOs, provides legal assistance to other USG agencies, including the Embassy and Consulates, when questions of local law are involved.  The Legal Advisor remains current on local law; maintains familiarity with U.S. law (including the Foreign Assistance Act (FAA), and annual appropriations acts), regulations affecting USAID programs and operations (including the Foreign Acquisition Regulations (FAR), Code of Federal Regulations (CFR) and Office of Management and Budget (OMB) Circulars), the Automated Directive System (ADS), the Foreign Affairs Manual (FAM), and the Standard Rules of Ethical Conduct.   The Legal Advisor assists the RLOs in reviewing issues for compliance with U.S. law, including disposition of assets/property issues; source, origin, nationality issues; participant training; bilateral issues; and waivers, tax, and customs questions.  The Legal Advisor drafts proposed letters to Ministry officials and advises on political ramifications and provides guidance to Mission personnel on their proposed contacts with government officials and donors, e.g., what approach to use, and what to look for or to avoid.  In addition, the Legal Advisor assists the RLOs in developing ethics training and provides counsel on routine ethics issues.

2. Partner Government Communications and Liaison 30%

USAID has 22 signed MOUs with GOK county governments, has authorized implementing partners to issue sub-grants to county governments, and plans to provide direct funding to the GOK at the national and county level in connection with the implementation of assistance projects.  As a part of USAID’s efforts to build capacity, and to ensure transparency and accountability, it has become increasingly important to train and guide the GOK in managing USG funds and in the implementation of projects in a manner consistent with USAID regulations.  The Legal Advisor liaises with, and is a resource for, the host government entities involved in project implementation.  As needed, the Legal Advisor provides training on the use of USAID implementation mechanisms and on compliance with USAID regulations.  The work requires the Legal Advisor to be proactive in facilitating communications between USAID and the host government entities.  Communications are carried out in English and/or Local Language, as the situation requires; and communication may be in person, by phone, or in writing.  The Legal Advisor also assists with monitoring host government implemented activities to help ensure compliance with agreement terms and USAID regulations.

3. Partner Communications and Liaison 20%

The Legal Advisor liaises with IPs on behalf of USAID, in relation to legal and ethical issues affecting the USG and USAID.  Work requires the Legal Advisor to be proactive in facilitating communications amongst and between USAID cooperating agencies in Kenya and their local partners, in a timely manner.  Communications are carried out in English and/or Swahili, as the situation requires; and communication may be in person, by phone, or in writing.  Contacts with IPs are for the purpose of: maintaining dialogue to determine if legal or ethical issues arise in relation to USG, USAID, or IP operations during program/project/activity implementation; in support of legal reforms, rule of law issues, corruption issues, and/or human rights issues; to maintain regular communications regarding potential issues that may arise; to collect, obtain, and verify factual information pertaining to program/project/activity planning and implementation (e.g., statistics, activity progress reports, and proposals), as required; and, to actively monitor and evaluate whether legal or ethical issues have been resolved.

4. Official Interaction and Association 10%

The Legal Advisor is expected to build and maintain productive professional working relationships with all categories of Mission employees and others (e.g., USAID/Kenya and East Africa; USAID/Somalia; other USG agencies; U.S.-based partners and their local partners, etc.); Country governmental officials, as coordinated through the RLOs; U.S. Embassy counterparts; the USAID/Washington Office of General Counsel; and other USAID/Washington Bureaus and Offices as appropriate.

Supervisory Relationship

The Senior RLO will, in collaboration with the Legal Advisor, establish annual work objectives and performance measures; review work outputs and accomplishments to ensure compliance with Agency policies and implementation of best practices; provide regular feedback throughout the Performance Evaluation Period; and provide annual performance evaluations.  As the Legal Advisor will work with a high degree of independence, the Legal Advisor is expected to establish his/her own priorities, adhere to and meet established deadlines, and perform responsibilities and duties with minimal guidance and limited follow‑up.  Frequent in-country travel should be considered a requirement. The Legal Advisor may also receive direct assignments from other RLOs at USAID/Kenya and East Africa, and the Mission Director/Deputy Mission Director.  In the absence or preoccupation of the Senior RLO, one of the Junior RLOs will be the direct supervisor.  In the absence of all RLOs in the RLO, Deputy Mission Director will be the direct supervisor.

Supervisory Controls

Supervision of other staff, including RLO staff, is not contemplated.

PHYSICAL DEMANDS: The work requested does not involve undue physical demands.

EVALUATION AND SELECTION FACTORS

The Government may award a contract without discussions with offerors in accordance with FAR 52.215-1.  The CO reserves the right at any point in the evaluation process to establish a competitive range of offerors with whom negotiations will be conducted pursuant to FAR 15.306(c).  In accordance with FAR 52.215-1, if the CO determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the CO may limit the number of offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers.  The FAR provisions referenced above are available at //www.acquisition.gov/browse/index/far.

• Job Knowledge (60 points)

Knowledge comprehensiveness of the concepts, principles, techniques, and practices in the area of US and Kenyan law.  Depth and breadth of past work experience with and knowledge of taxation, labor law, contracts, and business and non-profit organizations, structures, and registration requirements.  Degree of knowledge of relevant government, quasi-governmental and non-government entities.

• Skills and abilities (40 points)

Degree of ability to perceive, use, understand, manage, and handle emotions and communicate effectively to ensure positive working relationships are maintained. Degree of ability to prepare reports and policy briefs sometimes with short deadlines. Degree of ability to obtain, analyze, and evaluate a variety of legal data; organize and present legal and technical information in concise written and oral form; identify, explain, and resolve important and complex legal issues independently; furnish information and advice/counsel in assigned areas objectively; follow oral instructions, and organize, prioritize, and follow through on assignments with minimal oversight; and focus on details. Ability to work with minimal supervision and work in a fast-paced environment. Strength of organizational skills, work ethic, entrepreneurial spirit, and balance multiple, often competing, priorities. Strength of relationship-building, interpersonal, and listening skills. Degree of aptitude for continuous learning, seeking advice and feedback from others, adapt in the face of change, synthesize new information, develop sound solutions, and provide sound advice to Mission management. Degree of proficiency in word processing, spreadsheets, databases, and other computer applications (i.e., Microsoft Word, Excel, PowerPoint, Outlook, etc.).

Total possible points:  100

Prior Work Experience

The Legal Advisor position requires a minimum of five years of progressively responsible legal experience. This experience must be with a local law firm, International/local organization, Non-Governmental Organization, Donor Agency, Embassy or a GOK Ministry.

Language Proficiency

Level IV (fluent) in English and Kiswahili.  Bilingual fluency in speaking, reading, and writing is required. Given the nature of the position, effective written and oral communications are critical to successful performance. 

SUBMITTING AN OFFER

Step 1: Register in MyJobsInKenya at www.myjobsinkenya.com

Step 2: Complete the job application at www.myjobsinkenya.com.

Step 3: Internal Offerors/Current USG Employees: Attach an updated curriculum vitae/resume (no more than five pages), a copy of your most recent Performance Evaluation Report, and copies of all relevant certificates. Scan and attach all the documents as one attachment and upload them to MyJobsInKenya.

                        OR

External Offerors/Not Current USG Employees: Attach an updated curriculum vitae/resume (no more than five pages) and copies of all relevant certificates. Scan and attach all the documents as one attachment and upload them to MyJobsInKenya.

Offerors must provide a list of minimum three (3) professional references who are not family members or relatives, with complete name, title, organization where he/she works, description of relationship, with working/accurate telephone numbers and email addresses. The offeror’s references must be able to provide substantive information about his/her past performance and abilities.

Note to Applicants:

1. Offers must be received by the closing date and time specified in Section I, item 3, and submitted through myjobsinkenya.com.
2. Submissions will only be accepted through www.myjobsinkenya.com. Late and incomplete applications (those that do not contain the applicant’s most current and up to date detailed CV and relevant education certificates) will not be considered for the position.
3. All Applicants must provide at least three professional references, who are not family members or relatives, with working telephone and e-mail contacts. The references must be able to provide substantive information about your past performance and abilities. USAID reserves the right to contact your previous employers for relevant information concerning your performance and may consider such information in its evaluation of the application.

LIST OF REQUIRED FORMS PRIOR TO AWARD

The CO will provide instructions about how to complete and submit any required forms after an offeror is selected for the contract award.

BENEFITS AND ALLOWANCES

Benefits and allowances are offered in accordance with the Local Compensation Plan (LCP).

TAXES

The Contractor must observe Kenyan laws including those concerning income and related tax obligations.

USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING TO PSCs

USAID regulations and policies governing CCN and TCN PSC awards are available at these sources:

1. USAID Acquisition Regulation (AIDAR), Appendix J, “Direct USAID Contracts With a Cooperating Country National and with a Third Country National for Personal Services Abroad,” including contract clause “General Provisions,” available at //www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf.
2. Contract Cover Page form AID 309-1 available at //www.usaid.gov/forms. Pricing by line item is to be determined upon contract award.
3. Acquisition & Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal Services Contracts with Individuals available at //www.usaid.gov/work-usaid/aapds-cibs.
4. Ethical Conduct. By the acceptance of a USAID personal services contract as an individual, the contractor will be acknowledging receipt of the “Standards of Ethical Conduct for Employees of the Executive Branch,” available from the U.S. Office of Government Ethics, in accordance with General Provision 2 and 5 CFR 2635.  See //www.oge.gov/web/oge.nsf/OGE%20Regulations.
   
5. PSC Ombudsman
   The PSC Ombudsman serves as a resource for any Personal Services Contractor who has entered into a contract with the United States Agency for International Development and is available to provide clarity on their specific contract with the agency. Please visit our page for additional information: //www.usaid.gov/work-usaid/personal-service-contracts-ombudsman.

The PSC Ombudsman may be contacted via: [email protected].