Due Diligence Support, Office Of General Counsel, DFC

Job Description

The U.S. International Development Finance Corporation (“DFC”) is America’s development finance institution. DFC partners with the private sector to finance solutions to the most critical challenges facing the developing world today. Its prospective projects undergo a variety of reviews, including due diligence. Due diligence is the process by which DFC assess and mitigates risks related to whether and how each project will adhere to applicable policies and standards of conduct. Due diligence reviews include analysis of the standards included in the procurement policies and practices of individual projects and the applicable project parties. The goal of these reviews is to ensure that the relevant project parties and teams conduct diligence on individual suppliers and contractors across various sectors in certain financial products, including direct loans and equity investments. DFC has developed an internal diligence framework to assist project teams in identifying and mitigating risks related to the presence of People’s Republic of China (“PRC”) content in DFC’s portfolio (the “PRC Framework”). DFC has established a cross-department PRC Working Group to help advance the goals of the PRC Framework.

DFC projects include investment into certain financial products, such as investments in funds, involves the investment of DFC into intermediated blind pool vehicles1 that will, in the future, invest these funds in individual projects. Such investments require the development of pre-established terms and conditions to govern the acceptable use of DFC proceeds during DFC’s involvement. The investments necessitate the delegation of significant diligence and evaluation of individual portfolio companies and projects to the fund manager. Given DFC is developing funds-specific risk mitigation measures to manage the expected presence of PRC content in DFC’s fund portfolio. These risk mitigation measures are being developed based on the volume of prospective investments by DFC in private funds. Of particular concern are those that are focused on the clean energy and infrastructure space, where PRC contractors and suppliers are prevalent.

The contract will primarily support project teams’ completion of comprehensive reviews of PRC identified risks and available mitigants related to sourcing practices and policies of investors seeking DFC financial products. The position holder will provide critical support that involves analyzing issues, providing recommendations, and engaging with other U.S. agencies, private consultants, or DFC clients. Work may be related to any country and any sector, but will primarily focus on clean energy, Information and Communication Technology (“ICT”), and strategic infrastructure.

Travel maybe required, on a quarterly basis, to DFC headquarters, located in Washington, DC.

This position is contingent upon award.

• Support DFC’s due diligence of procurement policies and practices of individual suppliers and contractors, with a focus on exposure to PRC content, on projects DFC is considering.
• Review project documents related to sourcing and procurement practices to determine their alignment with DFC’s PRC Framework.
• Prepare recommendations and necessary documentation including reviews and feedback on project documentation provided by the project team to ensure compliance with the PRC Framework and other DFC policies based on the analysis conducted.
• Collaborate with other DFIs, MBDs, and relevant U.S. agency personnel, under the direction of the government, to enhance understanding and implementation of procurement best practices.
• Develop policies, procedures, practices and tools to enhance DFC’s due diligence capabilities to assess and mitigate risks related to prospective project’s procurement policies and practices, with a focus on adherence to DFC’s PRC Framework. These products will include user-friendly guides, checklists, and rubrics to guide project teams in evaluating procurement practices and policies of individual projects, ensuring adherence to the PRC Framework and other DFC policies.
• Assist the DFC in expanding and refining criteria used to evaluate integrity, selection criteria, and competition-related concerns in procurement processes.
• Provide training to relevant DFC staff on integrity and competition risks in procurement, as well as on the developed Procurement Framework, to enhance internal capacity and support effective implementation across projects.
• Perform other related duties as assigned, prioritizing timely responses to requests and maintaining professionalism in all communications and interactions.

• Have the ability to obtain and maintain a Public Trust clearance
• Minimum of a Masters in Business Administration or a Doctor of Jurisprudence.
• Minimum of 5 years of experience in the development, implementation, and assessment of sourcing and procurement practices of private sector in the clean energy and/or infrastructure sector
• Have a working knowledge of the commercial and legal operation of investment funds and blind pool vehicles.

• Have specialized experienced with International Finance Institutions (IFIs) / Multilateral Development Banks (MBDs) private sector procurement policies and integrity risks related to forced labor.
• Have a working knowledge of U.S. laws, regulations, and policies on forced labor and PRC targeted sanctions and trade restrictions.