FEDERATED STATES OF MICRONESIA
INFRASTRUCTURE
DEVELOPMENT AND COMPACT
GRANTS
In
2003, the
U.S.
and the FSM signed Amendments to the Compact of
Free Association which will control funding from the
US
for 20 years until 2023.
The Amended Compact provided for sector specific
grant assistance in six primary sectors: Education;
Health Care; Public Infrastructure; Environment; Public
Sector Capacity Building; Environment; and Private
Sector Development.
The
FSM has plans to implement dozens of major infrastucture
projects over the next several years, valuing more than
$50 Million. Contract
should be awarded pursuant to recently enacted
procurement regulations, intended to create a
competitive process.
Most
Solicitations and RFPs contain a maze of requirements.
Slip up on one, and you may loose a bid though you have
the best offer, or invite a protest from a competitor.
Doing
business successfully with the FSM governments requires
a thorough knowledge of the applicable laws and policies
as well as an appreciation of the political and business
needs of each party to the transaction.
Understanding
and Responding to Solicitations
Many
companies wait to consult a lawyer until after the bids
or proposals have been opened and they have lost the
bid. However, getting early advice in the procurement
process can help improve a company’s competitive edge.
In some cases, early advice might result in convincing a
procuring agency that competitive bids are not required,
such as in situations where a product or service is a
sole source or where an existing contract can be renewed
or extended. Where competitive procurement is required,
we help clients avoid problems in their bid and proposal
responses.
Bid
Protests
If
your bid or proposal is rejected unfairly, we can help
you with the protest. We understand the time and expense
of bid protests, as well as the potential political and
public relations ramifications, and recommend filing or
continuing protests only when they have merit.
Contract
Counseling
Once
a company has been selected, a contract still must be
negotiated and signed. Early advice can protect your
position in connection with later disputes, audits and
investigations.
Contract
Compliance and Performance
It
is often good to consult legal counsel at the first sign
of a dispute and before litigation becomes necessary. It
is almost always better to save the contract. An early
compromise can save both parties much time and money. We
also represent clients in litigation where the issues
cannot be resolved through negotiation.
RESOURCES
RELATED TO COMPACT
GRANTS
