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TERMS OF REFERENCE
LEGAL ADVISORY SERVICES
1. Purpose of the consultancy
Self Help Africa wishes to contract qualified, experienced lawyers or legal firms (the “Consultant”) on a retainer basis to provide advice in the performance of its functions and the discharge of its duties in accordance with prevailing laws andregulations (the “Services”). We wish to identify a firm with whom Self Help Africa shall sign a retainer agreement.
2 About Self Help Africa
Self Help Africa is an international non-governmental organisation working to create opportunities for lasting improvement in peoples’ lives. We work in partnership with others to support a range of livelihoods and food security, WASH and health, sustainable energy and gender equality programmes reaching over 1,000,000 people a year across Malawi. SHA currently operates in 17 districts in Malawi, supporting 24 on-going projects.
3 Scope of work
The scope of work includes tasks that may be requested on an ongoing support basis for particular one-offassignments or transactions.
- Provide legal opinion on labour and employment law as may be
- Review and endorse all existing documents prepared by Self Help Africa, including but not limited to service contracts, grant agreements, employee contracts, as well as amendments and extensions to suchcontracts and agreements, memoranda of understanding and non-disclosure agreements, in accordancewith prevailing laws and
- Ensure the legal form and contents of all documents prepared and signed by Self Help Africa are
- Provide legal assistance in the process of contract negotiations, legal endorsement of performance guarantees or any other guarantee and signing of contract/grants/investment
- Provide legal assistance against any litigation arising out of Self-Help Africa daily business affairs Represent and defend Self Help Africa before Courts of Law including, labour courts and tribunals for cases filed by Self Help Africa against contractors, suppliers, grantees, sub-contractors, employees – or by the sameagainst Self Help Africa or its employees and agents.
- Interact on behalf of Self Help Africa with relevant government authorities as and when required aboutcontractual, commercial, corporate and legal matters
- Provide legal advice on winding up, mergers and acquisitions
- Provide legal advice on dealing with national and district authorities, government parastatals and departments.
- On an ad hoc basis, provide tax advice as and when needed on matters such as income tax, withholding tax, PAYE/Income tax
- Provide legal opinion and advice on day-to-day business affairs of Self-Help
- Proactively update Self-Help Africa of any changes in law or the legal environment that might affect its business operations.
- Present status reports to Self Help Africa Management and its Advisory Board, of ongoing legal cases.
4 Timing and deliverables
The services of consultant are required for two years commencing from the date of coming into force of the agreement, which may be extended for another year subject to mutual agreement.
5 Request for Proposals
Self Help Africa is seeking proposals from qualified, experienced lawyers or legal firms for tax and legal advisorysupport.
Proposals should contain:
- names, curriculum vitae of personnel
- full daily rate inclusive of all overheads (indicating clearly whether the rate quoted includes necessary taxes –such as withholding, and value added) and annual retainer fees
- details of relevant previous
- at least three references from organisations in the development sector
6 Evaluation Criteria
Mandatory requirements
| A valid permit to practice law in Malawi |
| Reputable legal firm specializing in corporate/NGO, commercial, employment law |
| Relevant professional experience – at least 10 years’ experience |
| Membership to the Malawi Law Society |
| Assessment criteria | Weighting (%) |
| Relevant professional experience and qualifications ofproposed team | 20% |
| Track record in relevant areas of expertise sought | 15% |
| Having an office or affiliate in the major cities in Malawi | 20% |
| Cost | 40% |
| Responses from referees | 15% |
| Total | 100% |
7 How to apply:
All eligible service providers who have valid business license with traceable offices and fulfils the requirements can send the bid documents by uploading the electronic documents in a link provided below.
- Bidders should submit their offers which should include delivery terms and bid validity.
- The TERMS AND CONDITIONS FOR CONTRACTS FOR PROCUREMENT OF GOODS – SELF HELP AFRICA (SHA)_JAN 2023 will be applicable. These terms and conditions will be shared with the successful bidder for their review and signature.
- Kindly utilize this provided box link to upload electronic copies of your bid application. https://gsha.app.box.com/f/044585e8f42f43abac89c9943ef61498 If you have any questions or need further clarification, please feel free to send an email to procurement.mw@selfhelpafrica.org
Closing date of receiving bid submission is 28th June, 2024 at 5:00pm.
Note: Self Help Africa is not bound to accept the lowest or any other bid. All bids will be evaluated in accordance with SHA Procurement guidelines as well as the requirements for this Invitation to bids. Bids will be evaluated on the basis of compliance with technical specifications, delivery period, price and discounts offered (if any). Self Help Africa takes the safety and well-being of all those we work with, very seriously. We have a zero-tolerance policy on abuse. Our recruitment is safe, meaning that we recruit contractors with the highest values and standards of ethical behavior.
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