Provision of Legal Services

• Country: Rwanda
• Summary: Provision of Legal Services
• RWT Ref No: 83261657
• Deadline: 24 May 2023
• Financier: Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH
• Purchaser Ownership: Government
• Tender Value: Refer Document
• Notice Type: Tender
• Document Ref. No.: 83437361
• Purchaser's Detail:
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• Description:
• Expression of Interest are invited for Provision of Legal Services to Giz Rwanda. Location: Kigali Deadline: Wednesday, 24/05/2023 23:59 The Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH is a federally owned international cooperation enterprise for sustainable development with worldwide operations. The GIZ Office in Kigali covers GIZ-s portfolio in Rwanda and Burundi. GIZ Rwanda/Burundi implements projects on behalf of the German Federal Ministry for Economic Cooperation and Development, the European Union and other commissioning authorities in the following priority areas: Sustainable Economic Development, Good Governance, Climate,Energy and Sustainable Urban Development, Digitalization and Digital Economy, Mineral Governance, Peace and Security in the Great Lakes Region. As part of the implementation of its objectives in Rwanda, GIZ is in partnership with various personalities and entities, collaborating with national and international staff. The number of its employees as well as its partners continues to increase, and this requires adequate legal structure and assessment towards minimizing the risk of disputes or conflicts. GIZ Rwanda is therefore seeking a professional legal firm to provide legal services on a need basis for its operations to ensure a functional legal capacity of GIZ as an employer and legal entity in Rwanda. 1.2 Objectives The objectives of this service are as follows: Ensuring that GIZ complies with national regulatory and legislative framework in the implementation of its activities. Anticipating or dealing with any risk of dispute or conflicts resulting from a contract, agreement or memorandum of understanding made or negotiated by GIZ. Accompanying GIZ in conducting negotiations with its stakeholders to ensure the outcome is respectful of the law. Advising, supporting and representing GIZ Rwanda with regard to different institutions towards ensuring the law is respected and GIZ interests are protected. 2. Tasks to be performed by the contractor 2.1 Service Provision Subject to the other provisions herein appearing, the legal firm agrees to render legal services including but not limited to all matters of general labour practice, compliance of legal/contractual documents issued in line with Rwandan laws and tax and financial matters to or against GIZ. Specifically, the legal firm shall be responsible for providing the following services (non-exhaustive list): Advice and consultation services, where applicable also draft letters of a legal nature. Examples of such matters are: Analyse legal disputes Contracts and extra contractual liabilities Civil and criminal cases Rental conditions Commercial activities Transport of goods Insurance matters Vehicle accident-related matters (e.g., settlement agreements, litigation etc.) Tax and financial matters Construction contracts (non-performance) Damage and for loss of goods Handling of court cases Support and facilitation of legal registrations Procurement of services/tenders Drafting, reviewing and negotiating standard commercial contracts that GIZ intends to enter into with third parties; Preparation of corporate compliance and risk report outlining the corporate and regulatory obligations applicable to GIZ and ensuing risk; Responding to various routine regulatory questions relating to various laws including but not limited to tax, employment, insurance, insolvency, immigration and intellectual property; Providing GIZ with regulatory updates on any changes in laws or regulations that may affect GIZ-s operations in Rwanda; Represent GIZ in all legal matters when necessary; Intellectual property matters including but not limited to registering, renewing or undertaking searches of any intellectual property rights or defending any intellectual property claims; Advise GIZ on all labor relation matters, including but not limited to: Legal requirements on recruitment and employer / employee relations. Legal guidelines regarding appropriate disciplinary measures, i.e. warnings, severe warnings, reprimands, demotion, terminations, etc. Litigation on behalf of GIZ either as a plaintiff and / or defendant and shall represent GIZ, its employees and agent in criminal proceedings. Provision of guidance, advice and any other assistance in connection with any issue involving interpretation and / or implementation of employment contracts. Supply new labor laws and policies development information to the company g., labor law amendments, new enactments, new wage orders, rules and regulations, advise on minor matters, preparation and attestation of affidavit. Provide support in labor law and verification of local employment contracts. Provide alternative dispute resolutions like conciliation, arbitration and mediation (CCMA) Any other legal expertise that the firm has that may be relevant to the GIZ operations. Upon request, interact with GIZ-s legal department in Germany. 2.2 Service Standards The legal firm shall provide the required personnel to provide prompt, courteous and efficient service to GIZ. The number of assigned personnel shall be sufficient to meet all services requirements under the terms of reference or instruction issued. Any change in the team composition (see chapter 4) shall be communicated to GIZ and requires prior written approval before a new expert is assigned to work on GIZ-related requests. The legal firm is responsible for providing replacement personnel in case of absenteeism, vacation, sick days, etc. of the regular personnel assigned. Legal services will be rendered during working days and working hours (Mo - Fr, 9:00h - 17:00h). In cases of emergency, the number of a focal point must be provided for contact after working hours and weekends/official holidays. 2.3 Cooperation with GIZ The legal firm-s main point of contact at GIZ will be the Head of Finance and Administration as well as the Head of Internal Operations, however, the services shall be carried out in close cooperation with GIZ staff from various projects. Contact between the legal firm and the respective GIZ staff will be facilitated through the Head of Internal Operations. 2.4 Period of assignment The service provision shall commence on July 1st, 2023. The framework agreement will be concluded for an initial one (1) year, with the option to extend the contract for a further one (1) year as per the requirements listed in chapter 8. 3. Concept In the tender, the tenderer is required to show how the objectives defined in Chapter 2 (Tasks to be performed) are to be achieved, if applicable under consideration of further method-related requirements (technical-methodological concept). In addition, the tenderer must describe the project management system for service provision. A template following the structure of the technical proposal is provided (Annex 3). The following key points must be addressed in the technical proposal: 3.1 Technical-methodological concept Note: The numbers in parentheses correspond to the lines of the technical assessment grid. Strategy (1.1): The tenderer is required to consider the tasks to be performed with reference to the objectives of the services put out to tender (see Chapter 1 Context) (1.1.1). Following this, the tenderer presents and justifies the explicit strategy with which it intends to provide the services for which it is responsible (see Chapter 2 Tasks to be performed) (1.1.2). The tenderer is required to describe the key processes for the services for which it is responsible and create a schedule (1.4.1) that describes how the services according to Chapter 2 (Tasks to be performed by the contractor) are to be provided. In particular, the tenderer is required to describe the necessary work steps in accordance with Chapter 2 (Tasks to be performed) (1.4.2). 3.2 Project management of the contractor (1.6) The tenderer is required to explain its approach for coordination with the GIZ project. In particular, the project management requirements specified in Chapter 2 (Tasks to be performed by the contractor) must be explained in detail. The tenderer is required to describe its backstopping concept. The following services are part of the standard backstopping package, which (like ancillary personnel costs) must be factored into the fee schedules of the staff listed in the tender in accordance with Section 3.3.1 of the GIZ AVB: Service-delivery control Managing adaptations to changing conditions Ensuring the flow of information between the tenderer and GIZ Assuming personnel responsibility for the contractor-s experts Process-oriented steering for implementation of the commission Securing the administrative conclusion of the project 3.3 Further requirements (1.7) In addition to the technical-methodological concept, the bidder is required to include a detailed profile of the legal firm and their supporting structure. Additionally, an overview and brief summary of the legal firms track record of court cases and mediations shall be referenced. 4. Personnel concept The tenderer is required to provide personnel who are suited to filling the positions described, on the basis of their CVs (see Chapter 7), the range of tasks involved and the required qualifications. The below specified qualifications represent the requirements to reach the maximum number of points in the technical assessment. 4.1 Team leader Tasks of the team leader Overall responsibility for the advisory packages of the contractor (quality and deadlines) Coordinating and ensuring communication with GIZ, partners and others involved in the project Personnel management of the short-term expert-pool Regular reporting to GIZ Management Team Qualifications of the team leader Education/training (2.1.1): University degree in Law or in a related field Language (2.1.2): Excellent language
• Documents:

 Tender Notice