Terms of References For Legal Retainer Services at UMATI
RFP TITLE: UMATI Legal Retainer
RFP NUMBER: RFP No. 007
DATE OF ISSUE: Wednesday November13th, 2024
CLOSING DATE: Wednesday November 27th 2024, 16:00 hours EAT
PERFORMANCE PERIOD: 2025 – 2027 (Renewable annually)
TERMS OF REFERENCES (TOR) FOR LEGAL RETAINER SERVICES
Background
Chama cha Uzazi na Malezi Bora Tanzania (UMATI) established in 1959, is an autonomous voluntary National NGO originally incorporated under CAP 337 in 1973, established under non-governmental organization act No 24 of 2002 in 2019 with registration number 00NGO/R2/000231 and Tax Identification Number 101 – 304 – 795. It is a full Member Association (MA) of the International Planned Parenthood Federation (IPPF) re-accredited in November, 2023.
UMATI works in partnership with the Ministry of Health, Ministry of Community Development, Gender, Women and Special Groups and Regional Administration and Local Government (PORALG) with the aim of providing Sexual and Reproductive Health (SRH) education, information and services in Tanzania. The Association has a long leadership history in Sexual and Reproductive Health and Rights (SRHR) programs in Tanzania including pioneering in Family Planning (FP) services and SRHR education for young people and underserved through health facilities and in the communities. To achieve its goal, UMATI has been receiving multiple funding from both local and international donors (Foreign Government).
UMATI’s headquarter is located at Maliki Street, Plot 439, Block 26, Upanga, Dar-es-Salaam with operations and project implementations at Dar Es Salaam, Dodoma, Iringa, Kigoma, Kilimanjaro, Mara, Morogoro, Ruvuma, Tabora and Zanzibar.
Objective of the Legal Retainer Consultancy:
The objective of this bid is to appoint a qualified law firm to provide legal services, advice and/or represent UMATI with legal matters in a professional and cost-efficient manner.
Scope of the Legal Retainer
The Service provider is expected to have extensive knowledge, practical experience and understanding of providing legal services in the following;
- Legal advisory and representation
- Answering, consulting on provisions, and policies of law and giving legal solutions for each specific matter according to the UMATI’s requirements in business operations.
- Consulting with UMATI about business discussions, negotiations, parleys, claims, disputes or lawsuits with any third party or any competent State agency relating to the UMATI’s business operation. (Scope of consultancy excludes representing for UMATI in implementation of specific matters or of claims at competent State agencies or of litigation procedures at Court or Arbitration).
- Consulting with UMATI about general solutions relating to each specific claim, dispute or lawsuit.
- In case any UMATI’s partner needs our legal support, then, as the UMATI’s request or that of such partner, we shall consider whether providing our legal services for such partner or not; and if we choose to provide, we shall be committed to not causing any damage to UMATI or any conflict of rights and legal interests between UMATI and such partner.
- Supporting and consulting UMATI on drafting the Charter, Internal Working Regulation, regulations relating to organization, management and administration and other essential documents during UMATI’s business operation.
- Under this legal retainer services arrangement, the firm will act as UMATI’s separate legal department and be held responsible for whichever legal issues UMATI frequently struggle with.
- Prepare and answer or provide legal advice/memos to specified matters/inquiries made by UMATI to ensure appropriate operation and compliance with prevailing laws.
- Advise and clarify ambiguities and/or discrepancies found among various laws and regulations and/or their application to the UMATI’s business.
- Provide legal updates that UMATI may need to be aware of.
- Dispute resolution, including any matters pertaining to debt collection, litigation, arbitration, other dispute resettlement.
- Advice on Labour and employment related issues not limited to disputes, incl. pre-litigation advice and mediation.
- Provide representation in all court cases/suits for UMATI, in any manner and of all kinds.
- Undertake all activities relating to case management including but not limited to: drafting and review of court pleadings, preparation of witnesses, collection of evidence, research and preparation of legal opinions on the merits or demerits of a case and case file maintenance.
- Represent UMATI in situations that may require legal representation, such as (but not limited to) representation before the police, National Security and before any other armed forces.
- Provision of regular updates on any changes in Tanzania laws or government policy related to UMATI’s operations.
- Assess and advise on the relevance and impact of existing or new legislation or policy on UMATI’s undertakings.
- Attend office conference(s) or meeting with UMATI management and/or board when required.
Document preparation include the following:
- Drafting or preparing of agreement and contracts for UMATI staff, Volunteers, suppliers and service providers and handling disputes with the same.
- Preparing settlement agreements, attending settlement meetings as the client’s attorney, wherever necessary.
- Upon request by UMATI, ensure that all settlement agreements are legally enforceable.
- In cases of settlements, concluding agreement between the claimant under any lawsuit and UMATI and confirming to UMATI management that the lawsuit has been withdrawn whenever that happens.
- Examining, reviewing and confirming the legality of documentation which UMATI has drafted or implemented in respect of business operation, giving legal advice for such documentation as required by UMATI.
- Supporting UMATI in preparation of all documentation for contract negotiations or parleys (if requires).
- Supporting UMATI in drafting documentation relating to business transactions between UMATI and any third party.
- Review and advise on all contracts, agreements, other contractual documents related to UMATI’s business operation.
- Draft of templates with respect to any contractual documents for UMATI.
- Review, draft & advise on Employment contracts.
Retainer Duration:
The legal retainer services shall be provided within three years from January 2025 to December 2027 renewable yearly.
Qualification and Experience of the Law Firm:
The Law firm should;
- Present the Law Firm portfolio and describe its legal experience and expertise. Including a list of the Firm lawyers and brief profile of each.
- Provide 3 Recommenders, including organization names, contact persons, phone numbers and emails, preferably with similar profile and from the non-profit /NGO sector.
- Experience in providing legal advice to non-profit / NGO organizations that have global presence and international operations.
- Experience in providing legal advice to clients that participate in similar programs.
- be registered with the legal government authorities and/or any other reputable professional associations.
- have more than 3 years previous experience providing legal services to both International and local NGO sector.
Retainer Fee:
- The Law firm shall quote its yearly retainer fees for the provision of the legal services.
- Without prejudice to the retainer fee, when the lawyer is involved in UMATI’s official travel, will be paid perdiem as per firm’s travel policy and be refunded transport costs.
Terms of payment:
Payment will be made immediately after signing of the agreement and submission of the invoice by 100% for year one.
Contract Award
The Procurement committee will review proposals and make recommendations to the management before board for endorsement and final approval by general assembly.
The Procurement and Logistics Officer may request a meeting with shortlisted qualified Offerors prior to final selection.
Proposals will be reviewed in accordance with the following criteria:
Selection Procedure
The selection procedure will be based on the following;
Quantitative:
- Cost Comparison (carries 40%)
Qualitative (Carries 60%)
- Firm’s registration and profile
- Understanding of the terms of reference
- The firm’s experience with similar clients and legal matters.
- The firm’s history on the provision of retainership agreements within NGO sector.
- The firm’s history of handling national & international legal consultancy and advocacy.
- References from International and/or national NGOs and corporates with which the law firms have supported (current and past agreements).
How to Apply
To apply please send your company profile and Proposal that summarizes your;
- Quantitative and Qualitative details
Kindly submit your proposal to UMATI Head Office, Reception desk located at Maliki Street, Plot 439, Block 26, Upanga, Dar-es-Salaam, when submitting your proposal, kindly remember to mention the subject matter on your envelope (RFP TITLE: External Audit RFP No. 007)
All bids should be addressed to;
The Executive Director,
UMATI
Plot Number 439, Block Number 26, Malik Road Upanga
P.O Box 1372 Dar es Salaam.
NOTE
All proposals must be in Tanzanian Shillings and enclosed in a plain sealed envelope with tender sticker. Only shortlisted applicants will be invited for interview.
The deadline is 16:00 hours EAT 27th November, 2024.
For any inquiry or further clarification, do not hesitate to contact Procurement unit through
[email protected]
before or on Friday, 22nd November, 2024.Terms of References For Legal Retainer Services at UMATI
