Lao People's Democratic Republic (the): Request for Proposal (RFP)- Consultancy, Regulatory Analysis, Lao PDR

Request for Proposal (RFP)

RFP Number: CPA-17-002-TECH

Issuance Date: Oct 19, 2017

Deadline for Offers: Oct 27, 2017

Description: Regulatory Analysis for Lao PDR

For: USAID Clean Power Asia

Funded by: United States Agency for International Development

Contract No.: AID-486-C-16-00001

Implemented by: Abt Associates, Inc.

Points of Contact: Dana Kenney, Chief of Party (Technical)

Dana_Kenney@abtassoc.com

Thida Ruengsit, Finance and Administrative Manager (Administration)

thida_ruengsit@abtassoc.com

Section 1: Instructions to Offerors

1. Introduction: USAID Clean Power Asia is a United States Agency for International Development (USAID)-funded program implemented by Abt Associates, Inc. from its office in Bangkok, Thailand. The goal of USAID Clean Power Asia is to accelerate the regional transition to a high performing, low carbon power sector, and this goal is being accomplished through three outcomes: high renewable energy scenarios included in energy planning; an improved enabling policy, regulatory, and technical environment for renewable energy deployment; and increased investment in and deployment of grid-connected renewable energy projects.

Abt Associates leads the implementation of the program, in collaboration with subcontractors the ASEAN Centre for Energy (ACE) and the Stockholm Environment Institute (SEI). As part of its program activities, USAID Clean Power Asia requires a consultancy to conduct a regulatory analysis in Lao PDR. The purpose of this RFP is to solicit proposals for the required services outlined in the attached scope of work.

Offerors are responsible for ensuring that their offers are received by Abt Associates in accordance with the instructions, terms, and conditions described in this RFP. Failure to adhere with instructions described in this RFP may lead to disqualification of an offer from consideration.

1. Offer Deadline and Protocol: Offers must be received no later than 17.00 ICT on Friday, October 27, 2017, by email addressed to Ms. Thida Ruengsit, Finance and Administrative Manager, at Thida_Ruengsit@abtassoc.com.

Please reference CPA-17-002-TECH in any response to this RFP. Offers received after the specified time and date will be considered late and will be considered only at the discretion of the procurement manager for this RFP.

1. Questions: Questions regarding the technical or administrative requirements of this RFP may be submitted no later than 17.00 ICT on Monday, October 23, 2017 by email to Thida_Ruengsit@abtassoc.com and Dana_Kenney@abtassoc.com. Questions must be submitted in writing; phone calls will not be accepted. Questions and requests for clarification— and the responses thereto—that Abt Associates believes may be of interest to other offerors will be circulated to all RFP recipients who have indicated an interest in bidding. Only the written answers issued by Abt Associates will be considered official and carry weight in the RFP process and subsequent evaluation. Any verbal information received from employees of Abt Associates or any other entity should not be considered as an official response to any questions regarding this RFP.

2. Qualifications: The offeror must be able to demonstrate substantial experience in regulatory analysis similar to the one requested for this RFP, and provide examples of prior work experience. The offeror must specify the proposed final price for all of the services outlined in the provided statement of work. The selected service provider must have excellent communication skills and methods, and be able to communicate clearly about all details of the work under contract in providing information to the USAID Clean Power Asia team as well as requesting, understanding, and closely following guidance.

3. Proposal: Proposal in response to this RFP must be must be presented in US dollars and priced on a fixed-price, all-inclusive basis, including delivery and all other costs. Offers must remain valid for not less than thirty (30) calendar days after the offer deadline. Offerors are requested to provide a proposal in their official proposal format or letterhead. In addition, offerors responding to this RFP are requested to submit the following according to the status of the bidder:

· Copy of official registration or business license if a business.

· Copy of Lao PDR work permit if submitting offer as an individual, non-business entity.

1. Delivery: The physical location of the Abt Associates office is listed below, but proposals may be delivered via email to both Thida_Ruengsit@abtassoc.com and Dana_Kenney@abtassoc.com:

Abt Associates

Abdulrahim Place, Suite 501

990 Rama IV Road

Bangrak, Bangkok, 10500

The delivery timeframe is detailed in the scope of work.

1. Source/Nationality/Manufacture: All goods and services offered in response to this RFP or supplied under any resulting award must meet USAID Geographic Code 937 in accordance with the United States Code of Federal Regulations (CFR), 22 CFR §228. The cooperating country for this RFP is Thailand. Offerors may not offer or supply any commodities or services that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Myanmar, Cuba, Iran, North Korea, Sudan, and Syria.

2. Taxes and VAT: The agreement under which this procurement is financed is not exempt from the payment of taxes, VAT, tariffs, duties, or other levies imposed by any laws in effect in Lao PDR. Therefore, offerors must include taxes, VAT, charges, tariffs, duties, and levies in accordance with the laws of Lao PDR.

3. Eligibility: By submitting an offer in response to this RFP, the offeror certifies that it and its principal officers are not debarred, suspended, or otherwise considered ineligible for an award by the U.S. government. Abt Associates will not award a contract to any firm that is debarred, suspended, or considered to be ineligible by the U.S. government.

4. Evaluation and Award: Responses to this RFP will be evaluated against several criteria, including the following:

a. Response to RFP follows the specified instructions.

b. It meets the eligibility requirements.

c. Offeror provides sufficient proof of capabilities, as evidenced through past projects of a similar nature and may include reference checks of those or other clients of the offeror.

d. Offeror provides suitable and dedicated project manager (if an individual, this will be presumed to be the consultant) to serve as point of contact for all matters related to this project.

e. Response to RFP meets or exceeds the minimum required technical specifications.

All of these factors being equal, the offeror whose response is deemed to provide the best value to the U.S. government is likely to be selected. Price is a key determinant, and offerors are encouraged to provide their best and final price for all services provided. Abt Associates reserves the right to make a selection without negotiation with any offeror. Offerors are required to provide sufficient budget detail in their response to allow Abt Associates to determine the reasonableness of overall costs proposed.

The project manager will serve as the main counterpart to the Abt Associates/USAID Clean Power Asia Chief of Party. Offerors should include the CV of this individuals. This individual must be able to conduct all business meetings in English and should be designated by the offeror as the only individual authorized to accept instruction from Chief of Party of the program.

Please note that if there are significant deficiencies regarding responsiveness to the requirements of this RFP, an offer may be deemed “non-responsive” and thereby disqualified from consideration. Abt Associates reserves the right to waive immaterial deficiencies at its discretion.

It is anticipated that an award will be made solely on the basis of the original proposal. However, Abt Associates reserves the right to any or all of the following:

· Abt Associates may conduct negotiations with and/or request clarifications from any offeror prior to award.

· While preference will be given to offerors who can address the full technical requirements of this RFP, Abt Associates may issue a partial award or split the award among various suppliers, if in the best interest of the USAID Clean Power Asia program.

· Abt Associates may cancel this RFP at any time.

Please note that in submitting a response to this RFP, the offeror understands that USAID is not a party to this solicitation and the offeror agrees that any protest hereunder must be presented—in writing with full explanations—to the USAID Clean Power Asia program for consideration, as USAID will not consider protests regarding procurements carried out by implementing partners. Abt Associates, at its sole discretion, will make all final decisions regarding this procurement.

1. Terms and Conditions: This is a request for proposals only. Issuance of this RFP does not in any way obligate Abt Associates, the USAID Clean Power Asia program, or USAID to make an award or pay for costs incurred by potential offerors in the preparation and submission of an offer.

This solicitation is subject to Abt Associates’ standard terms and conditions. Any resultant award will be governed by these terms and conditions; a copy of the full terms and conditions is available upon request. Please note the following terms and conditions will apply:

a. Abt Associates’ standard payment terms are net 30 days after receipt and acceptance of any commodities or deliverables. Payment will only be issued to the entity submitting the offer in response to this RFP and identified in the resulting award; payment will not be issued to a third party.

b. Any award resulting from this RFP will be firm fixed price, in the form of a Purchase Order.

c. No commodities or services may be supplied that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Myanmar, Cuba, Iran, North Korea, Sudan, or Syria.

d. Any international air or ocean transportation or shipping carried out under any award resulting from this RFP must take place on U.S.-flag carriers/vessels.

e. United States law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. The supplier under any award resulting from this RFP must ensure compliance with these laws.

f. The title to any goods supplied under any award resulting from this RFP shall pass to Abt Associates following delivery and acceptance of the goods by Abt Associates. Risk of loss, injury, or destruction of the goods shall be borne by the offeror until title passes to Abt Associates.

Section 2: Offer Checklist

To assist offerors in the preparation of proposals, the following checklist summarizes the documentation to include in response to this RFP:

· Cover letter, signed by an authorized representative of the offeror (see Section 4)

· Official proposal, including specifications as applicable (see Section 3)

· Copy of offeror’s registration or business license, work permit, as applicable

· CV or resume of designated project manager

· Examples of past work of a similar nature

· Contact details (name, company, email, and phone) of at least two references (firms, organizations, or individuals) for whom the offeror has completed projects of a similar nature/scope in the past two years. Abt Associates reserves the right to contact these references.

Section 3: Offer Cover Letter

The following cover letter must be placed on letterhead and completed/signed/stamped by a representative authorized to sign on behalf of the offeror:

To: Abt Associates

Abdulrahim Place, Suite 501

990 Rama IV Road

Bangrak, Bangkok, 10500

Reference: RFP No. CPA-17-002-TECH Regulatory Analysis, Lao PDR

To Whom It May Concern:

We, the undersigned, hereby provide the attached offer to perform all work required to complete the activities and requirements as described in the above-referenced RFP. Please find our offer attached.

We hereby acknowledge and agree to all terms, conditions, special provisions, and instructions included in the above-referenced RFP. We further certify that the below-named firm—as well as the firm’s principal officers and all commodities and services offered in response to this RFP—are eligible to participate in this procurement under the terms of this solicitation and under USAID regulations.

Furthermore, we hereby certify that, to the best of our knowledge and belief:

· We have no close, familial, or financial relationships with any Abt Associates or USAID Clean Power Asia program staff members.

· We have no close, familial, or financial relationships with any other offerors submitting proposals in response to the above-referenced RFP.

· The prices in our offer have been arrived at independently, without any consultation, communication, or agreement with any other offeror or competitor for the purpose of restricting competition.

· All information in our proposal and all supporting documentation is authentic and accurate;

· We understand and agree to Abt Associates prohibitions against fraud, bribery, and kickbacks.

We hereby certify that the enclosed representations, certifications, and other statements are accurate, current, and complete.

Authorized Signature:

Name and Title of Signatory:

Date:

Company Name:

Company Address:

Company Telephone and Website:

Company Registration or Taxpayer ID #:

Active bank account (Yes/No):

Official name on bank account:

Section 4: Specifications and Technical Requirements

To assist bidders in establishing costs for this work, the following Scope of Work (SOW) is provided.

Scope of Work

Regulatory Analysis, Lao PDR

Background

Abt Associates, a global leader in technical assistance, program implementation and international development, seeks qualified individuals to undertake a consultancy for the USAID Clean Power Asia program. The firm or consultant will conduct a Regulatory Analysis, reporting to the Renewable Energy (RE) Policy Expert. This consultancy is for a maximum of 40 hours per week, with an expected maximum duration of up to 12 days. The firm or consultant will work independently; office space and any other related materials or supplies are not provided. The consultancy is based in Vientiane, Lao PDR, and is open to Lao nationals. The firm or consultant is required to be able to work in Lao PDR without any assistance or sponsorship from Abt Associates. No allowances or relocation will be paid.

The objective of USAID Clean Power Asia is to accelerate the regional transition to a high performing, low carbon power sector. The program assists the governments of the Lower Mekong and other developing countries in Asia in energy planning and helps establish an effective policy, regulatory, and technical environment for low-emissions growth in the power sector, while simultaneously attracting public- and private-sector investment in RE development. USAID Clean Power Asia is focused on the following resources: solar, wind, small hydro (<15 MW), and biomass residues. The program focuses on the four Lower Mekong countries of Cambodia, Lao PDR, Thailand and Vietnam, and includes activities on the ASEAN regional level.

In Lao PDR, USAID Clean Power Asia is designing a solar pilot auction activity in coordination with the Ministry of Energy and Mines (MEM). The solar pilot auction would demonstrate the benefits of solar photovoltaic (PV) technology to meeting growing power needs in domestic load centers; potentially reduce the need for electricity imports near load centers; and begin to build a local industry of solar PV-focused independent power producers (IPP).

To support design of the solar auction scheme, a regulatory analysis must be conducted. The regulatory analysis will focus on existing power procurement regulations (with a focus on permitting and licenses for solar power). Regulations include laws, decrees, ministerial decisions, and any other relevant standards and licenses that will affect project planning and permitting of renewable power projects. The outputs from the regulatory analysis will be used by USAID Clean Power Asia and its subcontractors to design and implement a solar pilot auction in 2018. The findings of the regulatory analysis will be presented at a stakeholder workshop in Vientiane, Lao PDR in mid-November 2017.

Duties and Responsibilities

The firm or consultant will be responsible for identifying, reviewing, analyzing, and synthesizing the relevant regulations governing the implementation of the solar power procurement from IPPs, including but not limited to the approval and operation of any grid-connected solar PV generation facility developed as part of the auction. Specific activities may include:

· Identifying existing regulations related to the implementation of IPP projects (e.g., Electricity Law, Investment Promotion Law, grid connection regulations, land rights, required permits and licenses) governing power procurement in Lao PDR. This may include identifying the duties of solar PV producers in the electricity sector (e.g. balancing), and inquiring about the responsibility for grid connection and grid services to be performed by solar PV.

· Identifying project development phases (from pre-planning to the start of continuous operation), costs associated to each project development phase, and project phases with high risk for project failure.

· Reviewing the identified regulations and summarizing in detail their relevant components related to solar power procurement from IPPs.

· Identifying any pending or planned changes to existing regulations and assessing the potential impact of those changes on the implementation of solar farm projects.

· Sharing and discussing findings with, and incorporating feedback from, USAID Clean Power Asia and its subcontractors. Ample communication and efficient coordination by email and teleconferences between the firm or consultant and USAID Clean Power and subcontractors is crucial. The working language is English.

Completing these duties and responsibilities will require a combination of desktop research and interviews with relevant stakeholders. A guiding questionnaire will be provided by USAID Clean Power Asia and its subcontractors.

Deliverables

The firm or consultant will be responsible for satisfactory completion of the following deliverables:

· A detailed English-language report on preliminary regulatory analysis for solar power procurement from IPPs describing regulations governing power procurement in Lao PDR and their relevance to the solar pilot auction. The report will also outline the permits and licenses required alongside the different project development phases (from pre-planning to commissioning of the solar PV plant), and identify project phases with high risk for project failure – 10 days level of effort

· Follow-up ad-hoc questions after submitting the report – 2 days level of effort

The firm or consultant is expected to submit the report on regulatory analysis no later than November 10, 2017.

Required qualifications of individual consultants or firm’s staff included in proposal

· Fluency in Lao language and professional working proficiency in English.

· A master’s degree in one of the following areas, or other relevant field: public policy, economics, energy, engineering, business administration or related disciplines.

· Minimum of 2 years’ experience in policy/regulation aspects of energy sector or power sector.

· Basic understanding of energy project development process.

· Expertise in survey/ interview design and delivery.

· Excellent network of contacts and profound knowledge of energy stakeholders present in Lao PDR.

· Commitment and passion for renewable energy.

· Ability to work under pressure and independently.

Please send proposal via email : CleanPowerAsiaProcurement@abtassoc.com