Specific Questions and Responses in relation to the Legal Request for Proposal   Q1.  Should an entity that did not previously bid at the time of the first tender include the original tender fee receipt in its financial proposal or a photocopy of the receipt? Response:  Either the original tender fee receipt or a copy is acceptable. Q2. Should the two senior experts referred to in item 7 of Section D be expected to start their work full time in June 2007?  How to bill for them? What tasks should be assigned to them? Response:  Include their annual costing only.  The experts will be identified by Kuwait NFP and Kuwait NFP will give them their assignment.        Q3. What is the overall staffing expectation for the legal firm that is selected for the consultancy other than the two senior experts referred to in item 1 of Section C of the Specific Terms of Reference who will participate in the PPSC Evaluation Committee? Response:  The choice is up to the legal firms depending on their estimates of how many persons would be required to accomplish the tasks required.  The firms should also add in their foreign affiliation staff numbers as well.  Q4.  Give us some more information on the Independent Reviewers?  Your prior tender indicated that they would be in Boston. Response: Unfortunately, after approximately 12 months of negotiations, Kuwait NFP was not able to conclude a contract with the University of Massachusetts for Independent Review Services, as originally planned.  Kuwait NFP is in the process of identifying a suitable Coordinator of the independent review services.  Kuwait NFP has also compiled a list of possible Independent Reviewers and is looking to present the list to the UNCC secretariat in time for the June 2007 UNCC Governing Council session.  During that session it is anticipated that the Governing Council will approve the Kuwaiti Independent Reviewers. Q5.  Who will decide on the priority of the work on the environmental remediation projects? Response: Kuwait NFP in conjunction with other responsible Kuwaiti ministries. The decision will be both political and practical. Q6.  Where does the funding for the environmental remediation projects come from? Response: Kuwait NFP receives the funds from the UNCC.   These environmental remediation claims have a prioritized position in the current payment mechanism since all individual claimants and small business have been paid in full. Q7.  What are the public health impacts within the environmental remediation projects? Response: The Public Health claims did not receive any compensation from the UNCC. However, there are some aspects of public health work that the legal consultants will be required to help Kuwait NFP with in conjunction with other claims for which compensation was awarded by the UNCC. Q8.  Could you give us some idea as to the timing and level of legal expertise that will be required in the planning stage?  Will it be full-thrust up front or will momentum gather after 4-6 months?  Response: Kuwait NFP cannot be specific on timing at the moment.  The key event to trigger precise timing will be the release of the RFP for the Project Planning and Supervision Consultant (PPSC).   Once the PPSC tender is out, there will be a two month time period for the submissions of the vendors’ proposals.  It is anticipated that two senior legal experts will be required to join the PPSC technical review committee to assist with the evaluation of these submissions.  Full throttle will come after about 3 months from date of signing of the legal contract wherein Kuwait NFP will expect the legal consultants to work with the PPSC in finalizing the Kuwait Environmental Remediation Program.  Some lawyers will have to work on this task immediately after the signing of the contract.  It is expected that the turn around for the selection of the successful bidder for the legal consultancy will be relatively quick, perhaps less than 10 days after the deadline for submission of the legal proposals. Q9.  Is it preferable to have the legal budget broken down by hourly rate, monthly rate, or annually?  Response:  The RFP requires a financial breakdown by hourly rate for each team member, with a fixed annual cost estimate.  Budgets for the first 12 months and the second year of the project are required (see answer to question 10 below). Q10.  The requirement of providing the name of the Kuwaiti law firms international affiliate – should this information be general or specific to the environmental remediation project?  Do we have to provide legal proof of international affiliation? Response:  Kuwait NFP will accept general information demonstrating a local Kuwaiti law firm’s affiliation with a foreign firm and such affiliation can reflect either a general relationship or an affiliation entered into for purposes of bidding on this tender.  Q.11  The revised Request for Proposal states on page 13 under the Financial Proposal that the proposal should include: 5.  Table showing cost estimates for the first 12 months, and 6.     Table showing cost estimates for Year 2 if the Contract is extended assuming the same TOR as listed in the Specific Terms of Reference in Part C of Section 3 of the Tender”. Does Kuwait NFP want these tables to address (a) calendar years 2007 and 2008 or, alternatively, (b) the two 12-month periods running from 1 June 2007 through 31 May 2008 and 1 June 2008 through 31 May 2009. Response:  Neither of the proposed alternative answers is correct.  The RFP requests the Tenderer to address the 10 tasks listed in Part C of Section 3 of the Tender and to explain to Kuwait NFP how the Tenderer sees the work progressing during the first 12 months of the Kuwait NFP Project, no matter when the work actually starts or when the winning Tenderer’s contract with the Kuwait NFP goes into effect.  In requesting tables showing cost estimates for the first 12 months and for the second year, Kuwait NFP wishes to analyze the Tenderer’s management approaches to the 10 tasks. Kuwait NFP also wants to review the Tenderer’s estimates of how much work for the first 12 months and for year 2 can be accomplished, by whom and at what costs.  Kuwait NFP’s specific request for costing tables is related to a desire to test the Tenderer’s management skills and vision.  The references to the first two years of Kuwait NFP’s operations should not be confused with Kuwait’s calendar or fiscal years.  Nor should a  Tenderer try to anticipate the actual date that the first year’s work would start for billing purposes.  Kuwait NFP can negotiate those details with the successful bidder at a later date.