NON-LITIGATION LEGAL SERVICES IN GUINEAN LABOR LAW AND IMMIGRATION LAW

Description

Statement of Work: Non-Litigation Legal Services in Guinean Labor Law & Guinean Immigration Law 1. PURPOSE This Statement of Work (SOW) establishes the terms and scope under which a qualified legal services provider ("Contractor") will furnish non-litigation legal advisory services to the U.S. Mission in Conakry ("the embassy") in the areas of Labor Law and Immigration Law. 2. BACKGROUND The embassy requires expert legal counsel to support its operational, administrative, and policy functions related to workforce management and the movement of personnel across international borders. These services are strictly non-litigation in nature and are intended to provide proactive legal guidance, compliance support, and risk mitigation. 3. SCOPE OF SERVICES Post acknowledges specific needs for legal assistance on the following matters, but reserves the right to seek advice on related matters not stated herein: 3.1 Labor Law Services The Contractor shall provide legal advisory services in the following areas: Employment Compliance: Advise on applicable domestic and host-country labor laws, regulations, and standards governing the Department's locally employed (LE) staff and other personnel. Revision of and Application of Mission Human Resources policies: Routine Mission management notices and regulations must be updated on a regular basis, and legal advice is required to maintain their integrity and alignment with the Local Labor Law. The current labor law is quite complicated, and changes are expected any time Local Compensation Plan: Once the labor law changes are implemented our LCP will require major changes in addition to the changes we have already made. Ongoing possibility of legal dispute: Post is comfortable administering disciplinary procedures. However, due to the complexity of the local labor law and because assistance is needed to follow all the steps required by local labor law, it is prudent to have �for cause� terminations reviewed by an experienced local lawyer. Additionally, disciplinary actions must be carefully reviewed by a local labor lawyer before deciding the correct course of action due. The Mission seeks legal counsel in advance of disciplinary dismissals to ensure that all steps have been followed as per Local Labor Law. Employee involuntary downgrades, reductions in force and/or changes to work schedules: U.S. Embassy Conakry is in the process of reviewing all position descriptions and reclassifying those that are not up-to-date. Due to this ongoing evaluation process, some positions are being reclassified to lower grades, and post requires legal advice to explain possible wage changes to affected employees. Workplace Policies: Review, draft, and update employment policies, handbooks, and internal regulations to ensure legal compliance. Disciplinary & Grievance Procedures: Advise on legally compliant disciplinary processes, grievance mechanisms, and separation procedures. Wage & Hour Compliance: Counsel on compensation structures, overtime, leave entitlements, and benefits in accordance with applicable law. Workplace Investigations: Provide legal guidance on conducting internal investigations into workplace complaints, including harassment, discrimination, and misconduct allegations. Training & Awareness: When necessary, deliver legal briefings or training sessions to Department staff on labor law obligations and best practices. 3.2 Immigration Law Services The Contractor shall provide legal advisory services in the following areas: Visa & Work Authorization: Advise on visa categories, work permit requirements, and authorization processes for Department personnel, contractors, and dependents operating in or traveling to relevant jurisdictions. Residency & Status Compliance: Provide guidance on residency requirements, status maintenance, and compliance obligations for foreign nationals employed by or associated with the Department. Immigration Policy Analysis: Monitor and analyze changes in host-country and U.S. immigration law and regulations; advise the embassy on implications for operations and personnel. Document Review & Preparation: Assist in the preparation and review of immigration-related documentation, petitions, and applications (excluding court filings). Consular & Administrative Liaison: Advise on engagement with consular authorities and immigration agencies to facilitate timely processing of applications. Repatriation & Emergency Situations: Provide legal guidance on immigration-related issues arising from emergency evacuations, repatriations, or sudden changes in host-country law. Training & Awareness: Deliver briefings to Department staff on immigration compliance obligations and procedural updates. 4. DELIVERABLES # Deliverable Frequency 1 Legal advisory memoranda and written opinions As requested 2 Policy and document review reports As requested 3 Monthly status and activity report Monthly 4 Legal compliance risk assessment Quarterly 5 Training sessions and briefing materials As scheduled 6 Legislative/regulatory update summaries As changes occur 5. PERIOD OF PERFORMANCE Base Period: 12 months from the date of contract award Option Period 1: 12 months Option Period 2: 12 months (Exercise of option periods shall be at the discretion of a U.S. Government Contracting Officer.) 6. PLACE OF PERFORMANCE Services shall be performed primarily at the Contractor's place of business, with on-site presence at Department facilities as required. Remote advisory services via secure communication channels are authorized. 7. PERSONNEL QUALIFICATIONS The Contractor shall ensure that all attorneys and legal professionals assigned to this engagement meet the following minimum qualifications: Education: Juris Doctor (J.D.) or equivalent legal degree from an accredited institution. Licensure: Active bar membership or equivalent professional licensure in the relevant jurisdiction(s). Experience: Over five (5) years of demonstrated experience in advising diplomatic missions, embassies and international organizations on labor law, immigration law, and related matters Security: Ability to obtain and maintain any required security clearances or access credentials. Language: Proficiency in English and in the official language of the host country are required. The Contractor shall submit r�sum�s for all proposed key personnel for Department approval prior to commencement of work. The embassy reserves the right to approve or reject proposed personnel. 8. GOVERNMENT-FURNISHED INFORMATION (GFI) The embassy will provide the Contractor with: Relevant internal policies, procedures, and organizational documents necessary to perform the services. Access to applicable points of contact within the Department. Background documentation on specific matters requiring legal advice. 9. CONTRACTOR RESPONSIBILITIES The Contractor shall: Maintain strict confidentiality of all Department information and comply with applicable data protection requirements. Promptly notify the Contracting Officer's Representative (COR) of any actual or potential conflicts of interest. Comply with all applicable U.S. laws, regulations, and Department policies. Maintain professional liability (errors and omissions) insurance at levels acceptable to the Department. Not engage in any litigation or court representation on behalf of the embassy. Contractor responsibilities are limited to non-litigation services only. 10. GOVERNMENT RESPONSIBILITIES The embassy shall: Designate a Contracting Officer's Representative (COR) to serve as the primary point of contact. Provide timely access to information and personnel that are relevant to the services sought. Review and approve deliverables. 11. INVOICING AND PAYMENT The Contractor shall submit invoices monthly, itemizing hours worked, personnel assigned, and services rendered. Invoices shall reference the contract number and applicable period of performance. Monthly invoices shall be paid or settled on net 30-day terms. 12. PERFORMANCE STANDARDS Performance Objective Acceptable Quality Level Timeliness of legal opinions Delivered within agreed-upon timeframes in ?95% of cases Accuracy and quality of advice No material legal errors; COR satisfaction rating ? Satisfactory Responsiveness Response to urgent requests within 3 business hours Deliverable completeness All required deliverables submitted on time ?90% of the time 13. LIMITATIONS This SOW does not authorize the Contractor to represent the embassy in any litigation, arbitration, or adversarial proceedings. The Contractor may not bind the embassy to any legal position or agreement without explicit written authorization from the Contracting Officer. All legal opinions and advice rendered under this SOW and its framework contract are for internal use only and do not constitute official Department legal positions. 14. APPLICABLE REGULATIONS AND STANDARDS Federal Acquisition Regulation (FAR) Department of State Acquisition Regulation (DOSAR) Foreign Affairs Manual (FAM) and Foreign Affairs Handbook (FAH), as applicable Host-country labor and immigration laws, as applicable American Bar Association (ABA) Model Rules of Professional Conduct 15. POINTS OF CONTACT Role Name Contact Contracting Officer (CO) TBD TBD Contracting Officer's Representative (COR) TBD TBD Contractor Point of Contact For solicitation and procurement related questions please contact Fama Marah by phone (+224 629 000 534) or by email to marahf@state.gov with cc to ConakryProc@state.gov TBD TBD