Legal consultant, US Government funded grants and contracts

Description

Background:

Mercy Corps is a leading global organization powered by the belief that a better world is possible. In disaster, in hardship, in more than 40 countries around the world, we partner to put bold solutions into action — helping people triumph over adversity and build stronger communities from within.

The US government regulatory compliance landscape for grants and contracts is evolving rapidly and the complexities of associated regulations require enhanced legal understanding of 2 CFR 200, the Federal Acquisition Regulation (FAR) and their applicable supplements. As a consequence of the termination of a significant number of projects funded by the US government, Mercy Corps is completing numerous project closeout processes. Many of these projects were implemented in collaboration with partner (subrecipient) organizations and closing the projects with these organizations has presented various challenges that require support from a legal advisor with a specialty in US government grants and contracts. In addition, future expected changes associated with shifts in foreign assistance will require updates to existing subrecipient agreements, policy templates, and negotiations with partners, which will benefit from specialized support as well.

Purpose / Project Description:
The legal consultant will provide high-quality, strategic support in the current changing legal environment for US government-funded awards.

Consultant Objectives:

Provide expert-level legal regulatory compliance support to minimize Mercy Corps’ legal risk exposure in relation to the major changes in US government-funded foreign assistance grants and contracts.

Consultant Activities:

The Consultant will:

• Review and enhance legal templates, such as US government award agreements, contracts, subawards, subcontracts, etc.
• Provide legal updates to the MC’s subaward policy in view of the changing US Government legal requirements.
• Advise relevant stakeholders on legal risks and potential business impacts.
• Assist in negotiations related to US Government awards and contracts with donor agencies and with subcontractors, sub-recipients and other third parties.
• Monitor changes in US government regulations, requirements, and applicable supplements and update documents, negotiations, advice and other legal requirements as necessary.
• Complete due diligence on legal issues concerning awards, contracts, agreements, etc.
• Other as directed by MC General Counsel.

Consultant Deliverables:

• Provided recommendations and draft policy and agreement templates and accompanying guidance and materials to ensure alignment with changes in US government regulations, requirements, and applicable supplements.
• Assist with and advise on managing subawards and awards, contracts, agreements, and related issues
• Provide legal reviews of guidance documents issued to sub-recipients and subcontractors as a result of changes to US-funded foreign assistance.
• Liaise on Mercy Corps’ behalf with sub-award recipients and other partners to manage close-outs and other actions as directed by Mercy Corps.
• Any other tasks assigned by Mercy Corps in connection with grants, contracts and other related work as agreed on a case-by-case basis

Timeframe / Schedule:  
Immediate availability is required. Workplan to be agreed with the consultant.
Consultant will deliver a set of deliverables, including:

• Subaward manual
• Subaward templates (approximately 12).
• Other grant and contract templates upon request
• Ongoing advice on subaward and contract management issues
• Other tasks as necessitate by ongoing changes

The Consultant will report to: 
General Counsel

The Consultant will work closely with:
Legal Department
Grants and Contracts Service Unit (GCSU)
Other departments and teams as needed, including Program Managers, Desk Officers, International Finance and others

Required Experience & Skills:

• 5-10 years of experience in tUSG-funded foreign assistance (required)
• Experience with drafting and negotiating agreements and other documents and issues related to USG funding agreements.
• Proven work experience as a legal advisor or attorney in the foreign assistance field
• Fluency in US government regulations, including 2 CFR 200, FAR and its supplements and others.
• Experience managing a variety of procurement mechanisms, including grants and cooperative agreements, firm-fixed-price (FFP), cost-plus-fixed-fee (CPFF)
• In-house or other direct experience with USG grant recipients is preferred

Daily Rate: 
Daily rate and fee estimates for deliverables to be agreed upon contracting.
 
Team Efficiency and Effectiveness 
Achieving our mission starts with how we build our team and collaborate. By bringing together individuals with a variety of experiences, backgrounds, and perspectives, we strengthen our ability to solve complex challenges and drive innovation. We foster a culture of trust and respect, where every team member is valued for their contributions, empowered to reach their full potential, and motivated to do their best work.
We recognize that building a strong and effective team is an ongoing process, and we remain committed to learning, improving, and growing together.

Equal Employment Opportunity
Mercy Corps is an equal opportunity employer that does not tolerate discrimination on any basis. We actively seek out different backgrounds, perspectives, and skills so that we can be collectively stronger and have sustained global impact.

We are committed to providing an environment of respect and psychological safety where equal employment opportunities are available to all. We do not engage in or tolerate discrimination on the basis of race, color, gender identity, gender expression, religion, age, sexual orientation, national or ethnic origin, disability (including HIV/AIDS status), marital status, military veteran status or any other protected group in the locations where we work.
 
Safeguarding & Ethics
Mercy Corps team members are expected to support all efforts toward accountability, specifically to our stakeholders and to international standards guiding international relief and development work, while actively engaging communities as equal partners in the design, monitoring and evaluation of our field projects. Team members are expected to conduct themselves in a professional manner and respect local laws, customs and MC's policies, procedures, and values at all times and in all in-country venues.