Advice for the process of formalizing local partners – Legal and administrative support At Pan American Development Foundation

Request for Proposals

Title: Advice for the process of formalization of local partners – Legal and administrative support

Application issue date: January 6, 2025

Application number: 9001.12.2024-LEGALGUA

Closing date: January 31, 2025

Closing time: 23:59 Washington, DC, USA (EST) UTC -05:00

Qualifications that may apply: Consulting firms and individual consultants

Contractual mechanism: Fixed Price

I. BACKGROUND

The Pan American Development Foundation (PADF) believes in creating a hemisphere of opportunity, for all. We work across Latin America and the Caribbean to make our region stronger – healthier, more peaceful, just, inclusive, resilient and sustainable for current and future generations. For 60 years, we have served the most vulnerable communities, investing resources across the hemisphere. We partner with civil society, governments and the private sector and empower them to achieve good for the region.

With over 60 years of experience across Latin America and the Caribbean and strong partnerships with local communities, civil society, and the public and private sectors, we have an impeccable track record of success with extensive in-country networks and strong financial controls. We are uniquely positioned to develop and implement adaptable programs across multiple technical areas, rapidly deploy to any Latin American and Caribbean country and activate existing local networks, measure and evaluate our impact with comprehensive performance indicators, and communicate our progress through integrated communication strategies.

In this sense, PADF is interested in supporting our partners, grassroots civil society organizations (CSOs) located in the Ecuadorian Amazon, in developing their skills to create internal policies for their organizations.

II. PROJECT DESCRIPTION

PADF provides small grants for the implementation of community projects and the development of community-based organizations. To achieve this goal, these fund-receiving partners have received technical assistance and support in the execution of five-month projects, creating benefits for the communities in which they have intervened. To ensure the sustainability of the activities implemented and the institutional strengthening of these partners, PADF convenes this consultancy to train three grassroots CSOs in the development of internal policies and strengthen their skills to create their own internal manuals and procedures.

Objective of the contract

Provide advisory and support services to 3 local partner organizations that benefited from SUMAMOS+ project grants in 3 departments of Guatemala (Huehuetenango, Quiche, and Sololá) in the process of legal incorporation and obtaining legal status as non-profit organizations, including the acquisition of the NIT and other administrative obligations.

Topics to be addressed:

a. Advice for the Registration and Legal Compliance of Grassroots Organizations

b. Legal Documentation and Legal Structure

c. Compliance with Tax, Labor and Regulatory Laws

d. Management of Registrations and Legal Recognitions

e. Administrative Responsibilities and Reporting

f. Training to Strengthen Governance and Operation

g. Planning Next Steps for Legal Regularization

III. PLACE(S) OF ASSIGNMENT

Meetings and training sessions must be held virtually and/or in person with three groups (one per group) based in the cities of Concepción Huista, Huehuetenango; Nebaj, Quiché; and San Andrés Semetabaj, Sololá, Guatemala.

IV. TERMS OF REFERENCE, DELIVERABLES AND DELIVERABLE SCHEDULE (All applicable taxes, tariffs and other costs must be included in the price proposal.)

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Product 1

Estimated completion date: One week after signing the contract

Deliverable: Methodology and Work Plan

Description: This deliverable must describe the methodology planned for conducting the training, including a work plan and schedule of activities.

Percentage of total: 25% of total

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Product 2

Estimated completion date: One month after the start of the contract

Deliverable: Organizational Requirements Compliance Report

Description: The report must include, for each organization, the documents necessary to meet the respective internal requirements for obtaining legal registration (Statutes of the organizations, Articles of Incorporation, Legal Representation, Public Deed, among others).

Percentage of total: 15% of total

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Product 3

Estimated completion date: 2 months after the start of the contract

Deliverable: Report on compliance with tax, labor laws and other regulatory requirements

Description: The report must include, for each organization: Registration with the Ministry of the Interior, Obtaining the Tax Identification Number (NIT), Municipal License, Recognition of Non-Profit Status, Opening of a Bank Account, Presentation of Annual Reports to the Ministry of the Interior and the SAT, Permits for Specific Activities, Compliance with Money Laundering Laws, Other responsibilities of civil society organizations before national legislation.

Percentage of total: 15% of total

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Product 4

Estimated completion date: 3 months after the start of the contract

Deliverable: Training session report

Description: The report should include a report on the training sessions, including the content taught, attendance lists, photographs, evaluations and other relevant materials on the trainings in governance structures, legal documentation and operational policies, as well as the administrative responsibilities of civil society organizations under national legal frameworks.

The report must also include a document, to be delivered to the organizations, with details of the next steps they have to follow to successfully obtain their legal registration once the consultancy has been concluded.

Percentage of total: 20% of total

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Product 5

Estimated completion date: 4 months after the start of the contract

Deliverable: Final report

Description: Description of the work carried out and results of support and advisory activities.

Percentage of total: 25% of total

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Total: 100%

V. EVALUATION CRITERIA

Evaluation Criteria Score (out of 100)

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Criterion: Does the proposal clearly explain, understand, and respond to the project objectives as stated in the scope of work?

Score: 35

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Criteria: Demonstrated knowledge and experience with similar projects

Score: 30

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Criteria: Personnel Qualifications – Do the proposed team members or individuals have the necessary experience and capabilities to carry out the scope of work?

Score: 35

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Total: 100

VI. DETAILS OF THE SUBMISSION OF PROPOSALS

a. Deadline. Proposals must be received no later than 23:59 EDT, Washington, DC, USA, on January 31, 2025. Late proposals will not be accepted. Proposals should be submitted by email to dtorres@padf.org. All proposals must be submitted in accordance with the guidelines outlined in this RFP.

b. Validity of the offer: the proposals, including the cost/price, will be valid for 120 days from the submission deadline.

c. Clarifications. Questions may be sent to dtorres@padf.org before the date and time specified in the schedule below. The subject of the email must contain the RFP number and the title of the RFP. PADF will respond in writing to clarifications submitted before the date specified in the schedule below. Answers to questions that may be of common interest to all applicants will be posted on the PADF website and/or communicated by email.

d. Amendments. At any time prior to the deadline for submission of proposals, PADF may, for any reason, modify the RFP documents by means of an amendment which will be posted on the PADF website and/or communicated by email.

e. Schedule of events.

Request for Proposals Issued : January 6, 2025

Deadline for submitting questions: January 24, 2025

Clarifications provided to known applicants: January 28, 2025

Full Proposal Submission: January 31, 2025 at 11:59 p.m. – Washington, DC USA (EDT)

Approximate selection made: February 3, 2025

VII. MINIMUM REQUIREMENTS

• Degree in Law and active membership in the bar association.
• Minimum 3-5 years in corporate, tax or regulatory law, preferably with non-profit organizations.
• Mastery of the local legal framework for registration and regulatory compliance.
• Experience in drafting bylaws, articles of incorporation and legal documents.
• Management of legal procedures before authorities (Government, SAT, municipal licenses).
• Knowledge of tax, labor and anti-money laundering laws.
• Ability to design and deliver legal and administrative training.
• Effective communication with diverse audiences.
• Results-orientation and meeting deadlines.
• Experience in collaboration with grassroots organizations, preferably those focused on promoting the rights of indigenous peoples of Guatemala.

VIII. PROPOSAL DOCUMENTS TO BE INCLUDED

1. Signed cover page on the applicant’s letterhead and with their contact information.
2. Technical proposal.
   1. Corporate capabilities, experience, past performance and 3 client references. Please include descriptions of similar projects or assignments and at least three client references.
   2. Key Personnel Qualifications: Please attach a resume demonstrating how the proposed team meets the minimum requirements listed in Section 7 (Minimum Requirements).
   3. Technical approach, methodology and detailed work plan. The Technical Proposal must describe in detail how the applicant intends to carry out the requirements described in the Terms of Reference.
   4. Detailed Financial Proposal ( Note: The budget must include all applicable taxes and other fees necessary for the completion of the award. Additionally, payments will be made from the U.S. via international wire transfer. PADF will not cover bank charges related to the receipt of funds. )

IX. TERMS AND CONDITIONS

Result of Agreement

This RFP does not obligate PADF to execute a contract, nor does it commit PADF to pay any costs incurred in preparing or submitting proposals. Furthermore, PADF reserves the right to reject any and all offers, if such action is deemed to be in the best interest of PADF. PADF, in its sole discretion, will select the winning proposal and is not obligated to share the results of the individual evaluation.

Confidentiality

All proprietary information provided by the applicant will be treated as confidential and will not be shared with potential or actual applicants during the bidding process. This includes, but is not limited to, price quotes, cost proposals, and technical proposals. PADF may, but is not obligated to, post agreements on its public website after the bidding process has concluded, and the contract has been agreed upon. PADF’s evaluation results are confidential and applicants’ scores will not be shared with each other.

Protection from Sexual Exploitation and Abuse (PEAS)

As part of the Contractor’s internal controls and employee standards of conduct, the Contractor must ensure that its employees adhere to these standards of conduct in a manner consistent with the standards for United Nations (UN) employees in Section 3 of the UN Secretary-General’s Bulletin – Special Measures for Protection against Sexual Exploitation and Abuse (ST/SGB/2003/13).

Small, Minority and Women-Owned Businesses Contracting

PADF will take all necessary steps to ensure that minority-owned businesses, women-owned businesses, and businesses in areas with surplus labor are utilized whenever possible.

Disqualification and suspension

Entities that appear on any exclusion list, System for Agreement Management (SAM), Office of Foreign Assets Control (OFAC), United Nations Sanctions List, and other watch lists will not have their offer evaluated and will not be eligible to receive any subagreements that may result from this Request for Proposals.

For the full tender, please visit the following webpage: https://www.padf.org/procurement-opportunities/