Inactive

MCC would like to engage legal support services (the “Consultant”) to assist the CDT with legal matters pertaining to the development of the second compact program, as outlined below. The objective of... MCC would like to engage legal support services (the “Consultant”) to assist the CDT with legal matters pertaining to the development of the second compact program, as outlined below. The objective of this consultancy is to provide legal advice to the CDT on all legal issues affecting the preparation and development of the second Indonesia compact, to ensure conformity with the laws and regulations of both the Government of Indonesia and MCC. The Consultant shall perform the following tasks: Assisting in the institutional set-up and establishment of the accountable entity (MCA-Indonesia, or MCA-I) that will be responsible for implementing the proposed compact: Identify and advise the CDT on the resolution of legal issues related to the institutional set-up and establishment of MCA-I, including but not limited to fund channeling mechanisms, grants administration, employment and labor law, and tax issues under Indonesian law. Provide written legal opinions to the CDT regarding the establishment of MCA-I. Drafting the statutory regulations required for the establishment of MCA-I: Analyze Indonesian laws and regulations relevant for the preparation of the second compact program and assist the CDT in preparing the regulatory framework for the second compact program. Assist in the drafting of legal instruments, governance guidelines, and other legal documents required for the second compact at all stages of development; from initial preparation of the grant agreement to establishment of MCA-Indonesia and its initial procurements and “fund channeling” arrangements and payment / accounting systems to asset management. Provide legal opinions, if necessary, to relevant Government of Indonesia officials and MCC on the validity and enforceability of the compact and related agreements. Assist in the drafting of standard agreements that may be used by MCA-I during the second compact term. Supporting preparations for negotiation of the second compact: Conduct a comprehensive review of the draft second compact and its related agreements to identify any legal issues that may arise and provide recommendations to the CDT on how to resolve these issues. Provide advice and assistance to the CDT in pre-negotiation preparations for the second compact. Support the CDT as the CDT and GOI finalize the compact and related agreements. Draft other documents related to entry into force and compact implementation. Providing legal advice regarding the second compact program: Provide guidance on the legal implications of proposed activities to be undertaken by the second compact (including legal issues that may arise in developing and implementing i. innovative financing schemes in the MSME workflow environment, ii. risk-reducing instruments, and iii. financing schemes for infrastructure). Perform additional analysis required to determine and maximize the viability of the proposed program, including identifying and proposing solutions to legal impediments to the compact’s treatment as an international agreement that would supersede domestic laws under Indonesian law. Advise the CDT on the resolution of legal issues related to the structure and implementation of the proposed program (including project- and sector-specific matters), issues related to the governance and management structures of MCA-I and implementing entities, financial management and fund channeling mechanisms, procurement, labor, and environmental matters. Provide legal advice on intellectual property rights as issues arise. 5. Other tasks as assigned. The services include assisting the CDT in its cooperation with relevant Government of Indonesia agencies regarding performance of the required actions for successful preparation and development of the second compact program. E. Deliverables The Consultant shall provide services to MCC on an as needed basis. To support MCC in the flexible and timely manner needed to meet the evolving needs of compact development and implementation, technical directives under this statement of work will be issued and the Consultant deployed each time the Consultant’s services are needed over the course of this contract. No additional tasks shall imply any additional costs to the Government beyond the amount allowed for in the initial call order; however, this call order may be amended to reflect additional costs associated with implementation planning and oversight requirements in additional countries. In terms of written deliverables, the following are required: Deliverable 1: written advice and / or legal opinions on the establishment of MCA-I, validity and enforceability of the compact and related agreements, etc. Deliverable 2: draft statutory regulations, legal instruments, governance guidelines, and other legal documents required for the establishment of MCA-I. Deliverable 3: draft standard agreements that may be used by MCA-I. Deliverable 4: draft documents related to entry into force and compact implementation. Deliverable 5: other written analysis and advice on the compact and related agreements, establishment of MCA-I, and related matters.