Expression of Interest (EOI) – Re-advertised

Framework Agreement: Provision of Legal Services to GIZ Rwanda

Reference Number: 83437361

1. Context
   • Background

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. 

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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 September 01, 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 skills in English (Proficient – C2), Kinyarwanda (Proficient – C2) and French (Advanced – B2)
• General professional experience (2.1.3): 10 years of professional experience in the legal sector, including but not limited to the fields of legal and regulatory compliance, commercial law, employment and labour law, procurement and private and public law
• Specific professional experience (2.1.4): 5 years of professional experience advising multinational organizations in legal affairs
• Leadership/management experience (2.1.5): 3 years of management/leadership experience as project team leader or manager in a company
• Regional experience (2.1.6): 4 years of experience in projects in East Africa (region), of which 2 years in Rwanda (country)
• Development cooperation (DC) experience (2.1.7): 3 Reference projects working with development agencies in the past 3 years
• Other (2.1.8): N/A

4.2 Short-term expert pool with minimum 3, maximum 6 members

For the technical assessment, an average of the qualifications of all specified members of the expert pool is calculated. Please send a CV for each pool member (see below Chapter 7 Requirements on the format of the bid) for the assessment.

Tasks of the short-term expert pool

• Provision of legal advice as detailed in chapter 2 as per the respective field of expertise
• Drafting of legal memos
• Preparation of compliance and risk reports
• Provision of consultation hours for GIZ staff

Qualifications of the short-term expert pool

• Education/training (2.6.1): 3 experts with university qualification in Law or a relevant field
• Language (2.6.2): 3 experts with C2-level language proficiency in English and Kinyarwanda and B2-level language proficiency in French
• General professional experience (2.6.3): 3 experts with 6 years of professional experience in the legal sector
• Specific professional experience (2.6.4): 3 experts with 4 years of professional experience in the above-mentioned fields of contract law, labour law, occupational health & safety law, criminal and tax law, private and public law or similar
• Regional experience (2.6.5): 3 experts with 4 years of experience in Rwanda
• Development cooperation (DC) experience (2.6.6): 3 experts with 2 years of experience working with international development agencies
• Other (2.6.7): N/A

The tenderer must provide a clear overview of all proposed short-term experts and their individual qualifications.

5.    Financials

5.1 Costing requirements

On request of the GIZ Office, the law firm will punctually intervene in various missions.

For each mission requested, GIZ will provide a corresponding letter or e-mail summarizing inter alia, the context, purpose, scope, organization, duration (if applicable), and expected results.

Subsequently, the legal firm is expected to respond to requests from GIZ on demand and provide a quotation for the assignment within 2 days. The legal firm will deliver on each assignment within the agreed timeframe that will be set prior to the commencement of the task.

All services rendered must be invoiced and recorded on an hourly basis. As part of their financial offer, the legal firm is therefore required to state their hourly rate in RWF (not USD or EUR). The fee must reflect all costs associated with the service provision, including administration costs.

As per GIZ’s General Terms and Conditions, all working hours must be recorded through a timesheet.

The proposed hourly rate will be considered and factored into the overall evaluation of the proposal (70 % technical, 30 % financial).

5.2 Payment Modalities

GIZ will not issue any advance payments at any time throughout the contract period.

The legal firm will send invoices on a monthly basis. All advisory services shall be registered and summarized in one overview and sent to GIZ Rwanda. The invoice, booking overview, a generated EBM and all supporting documents must be printed and physically sent/brought to GIZ Rwanda Country Office located in 17 KN 41 St, Kigali. Additionally, the contractor shall submit the invoice and all supporting documents digitally to GIZ Rwanda’s Finance Unit (invoice.rwanda@giz.de).

The respective invoices must include:

• Invoice number
• The amount of service fee charged
• Summary of service provided
• Project number as given by the responsible GIZ staff
• Timesheets by the legal experts who supported GIZ

The legal firm may only invoice actual costs for which (partial) deliverables have been submitted to the respective GIZ project. This applies to completed requests as well as ongoing consultations.

All payments will be made in accordance with the original invoices provided as per the bookings on a monthly basis. The invoices for each billing cycle shall be generated and submitted within 5 working days. Payments will be issued in accordance with GIZ’s General Terms and Conditions of Contract.

5.3 Termination

GIZ reserves the right to withhold, reduce or refuse payments if

• the legal firm’s performance is not in line with the above-mentioned requirements,
• the legal firm repeatedly misses deadlines for consultations, legal memos, reports or other agreed upon tasks,
• the legal firm violated rules of professional conduct and ethics or negligently provided GIZ with wrong legal advice.

Depending on the severity of the above-mentioned infringements, GIZ reserves the right to terminate the agreement with 30 calendar days’ notice.

6.    Eligibility Requirements

In order to be considered for the technical and financial evaluation of the tender, bidders are required to fulfil the following eligibility requirements:

The legal firm must have provided legal related services for a minimum of three (3) years to exclusive clientele, and must have capacity to provide the whole range of services requested in the TOR with the following qualification:

• Evidence of entry in the Rwanda Bar Association (i.e. Registration Certificate issued by RBA)
• Evidence of tax registration/clearance (i.e., VAT Certificate issued by RRA)
• Evidence of a minimum of 6 staff working at the legal firm
• Maintains a good track record in serving international organizations, embassies and medium to large multi-national corporations (i.e., 3 references must be provided)
• Financial Stability (i.e., last 2 annual reports must be provided)

7.    Requirements on the format of the tender

The structure of the tender must correspond to the structure of the ToRs. In particular, the detailed structure of the concept (Chapter 3) should be organised in accordance with the positively weighted criteria in the assessment grid (not with zero). The tender must be legible (font size 11 or larger) and clearly formulated. It must be drawn up in English.

The complete tender must not exceed 10 pages (excluding CVs). If one of the maximum page lengths is exceeded, the content appearing after the cut-off point will not be included in the assessment. External content (e.g. links to websites) will also not be considered.

The CVs of the personnel proposed in accordance with Chapter 4 of the ToRs must be submitted using the format specified in the terms and conditions for application. The CVs shall not exceed 4 pages each. They must clearly show the position and job the proposed person held in the reference project and for how long.

Please calculate your financial tender based exactly on the parameters specified in Chapter 5 Quantitative requirements. The contractor is not contractually entitled to use up the days, trips, workshops or budgets in full. The number of days, trips and workshops and the budgets will be contractually agreed as maximum limits. The specifications for pricing are defined in the price schedule.

A template following the structure of the technical proposal is provided (Annex 3).

To summarize, the following documents must be submitted:

• Eligibility documents (see chapter 6)
• Technical Proposal + CVs (see chapter 3)
• Financial Proposal (see chapter 5)

Failure to submit the required documents can lead to an exclusion of the entire bid.

8.    Option

After the services put out to tender have been completed, important elements of these tasks can be continued or extended. Specifically:

8.1 Type and scope

The legal firm shall be required to perform the same services as stated in chapter 2 for one (1) more year. The extension will not be issued automatically but only on the condition that GIZ issues a letter expressively requesting this.

8.2 Requirements

Exercising the option will depend on satisfactory performance by the law firm as well as further need of legal consultations by GIZ. The decision on continuation is expected to be made at least 30 calendar days before the contract is scheduled to end.

The option will be exercised by means of a contract extension on the basis of the individual approaches already offered.

9.    Annexes

Annex 1 – Grid for the eligibility assessment of bids

Annex 2 – Grid for the technical assessment of bids

Annex 3 – Template for the Technical Proposal

A.   Submission of offer: The Expression of Interest should contain the following:

Technical Proposal:

• A cover letter expressing your interest in this assignment
• Technical proposal with a brief description of why you would be considered as the most suitable for the assignment, relevant expertise, and a detailed, clear methodology, your approach to complete the assignment
• CV of the Consultant proposed
• Company registration certificate (RDB) in case of a company
• VAT Registration certificate
• Latest tax clearance certificate if applicable
• Proof of successful completion of related assignments.

Financial Proposal: indicates the all-inclusive Hourly rate, supported by a breakdown of all costs. The costs must be in RWF and VAT 

Please submit electronically your EoI (technical & Financial offer) in 2 separated emails and should be in PDF files to this email ONLY (no cc to any email address): RW_Quotation@giz.de  until latest July 16^th, 2023.

Please you must write on each email subject this sentence:  

83437361Technical/financial offer, without this sentence, your offer may not be considered 

Hard copies are not allowed this time 

GIZ reserves all rights