Provision Legal Services for the Strategic Heritage Plan, Palais des Nations, Genève, Suisse

1. Background 1.1 In the context of the Strategic Heritage Plan (SHP), the United Nations Office at Geneva (UNOG) is seeking to engage a law firm with specific expertise in construction law, particularly from the perspective of owners or builders of large complex public projects in Geneva City, and general real estate law. Interested law firms must have extensive experience in preparing, reviewing, negotiating and implementing international form of construction management agreements, agreements for the coordination of various subprojects forming part of larger construction projects, commercial leases and general third party vendor agreements. In addition, interested law firms must have extensive experience and knowledge in: (i) capital/refurbishment/construction/historical renovation projects across international organizations of the United Nations System in Geneva; (ii) construction law and engineering, both in mainstream construction industry and key specialist sector legislations, including familiarity with the practices and custom of the construction industry in Geneva- Switzerland; (iii) preparation, review and negotiation of international form of construction agreements especially FIDIC to ensure compliance with applicable Swiss Construction Law and any other relevant local regulation;handling construction disputes, claims, such as breach of contract, defective and incomplete work, payment, delay, etc.; (ii) construction-related arbitration; (iii) providing legal advice with respect to contractor controlled insurance programs; (iv) permitting, zoning issues, including obtaining changes to zoning districts, amendments to zoning resolutions; (v) property development and infrastructure projects across a variatey of construction industry sectors, including joint venture and consortia; (vi) property sales transactions, property and land lease arrangements, public international law, commercial, contracts and procurement within the canton of Geneva; (v) providing legal advice with respect to environmental matters relating to constructions; (vi) relevant building or other code compliance issues; (vii) obtaining special permits, variances; (viii) providing legal advice, with respect to construction related sales tax and agency issues; (ix) preparation, review and negotiation of commercial office or other space leases and implementation of such lease provision during the lease term, including advising with respect to negotiations with landlord representatives, and issues arising subsequent to lease conclusion; and (x) preparation, review and negotiation of construction contracts in connection with commercial office or other space leases. 1.2 UNOG might also require of its outside counsel legal advice related to any other aspects arising in connection with the implementation of the SHP . 1.3 It should be noted that the service of the selected firm under the contract to be awarded as a result of the present procurement exercise will be limited to providing the legal services in connection with the SHP as set forth in paragraphs 1.1 and 1.2 above. Notwithstanding any award made under the present procurement exercise, the United Nations reserves the right to seek additional legal services in connection with the SHP(i.e., including legal services which may overlap with the above-referenced legal services) pursuant to a separate contract or contracts, not necessarily with the firm to be engaged as a result of the present procurement exercise. 2. Pre-qualification criteria Companies interested in being invited in the tender are requested to submit preliminary documentation as per the mandatory requirements listed below. Only companies meeting all those criteria without exception will be invited to participate in the tendering exercise. 2.1 A minimum of ten (10) years of solid legal experience in capital/refurbishment / construction /historical renovation projects for governmental organizations, private sector and/or across international organizations of the United Nations System. 2.2 Significant experience in drafting, negotiating international forms of construction agreement such as FIDIC taking into consideration Swiss law standards. 2.3 Proven experience in property development and infrastructure projects across a variety of construction industry sector and/or with international organizations of the UN system in Geneva, including property sale transactions and/or long term lease of land preferably with international organizations; 2.4 The assigned attorney(s) to perform services under this Contract must be fluent in English and French and have the ability to prepare all requested deliverables in English. 2.5 Proven experience to handle high end construction disputes, including international arbitration involving specific issues of construction law. 3. Terms of Contract 3.1 The initial term of the contract with the selected firm would be from an initial period of approximately 4 years with possible 2 additional extensions of 2 years each (each period). UNOG at its sole discretion may extend each period under the terms of the Contract, provided that funds are available and satisfactory performance. Notice: Only companies that are pre-qualified and also fully registered in United Nations Global Marketplace (UNGM) will be invited (for assistance, please contact procurement@unog.ch).