DESCRIPTION OF ENTITY
IsraAID is an Israel-based non-governmental organisation that was founded in 2001 and has since its inception worked in emergency and long-term development settings in over 55 countries. IsraAID’s mission is to support people affected by humanitarian crises by partnering with local communities around the world to provide urgent aid, assist recovery, and reduce the risk of future disasters.
Purpose/Summary of Position Responsibilities:
IsraAID-Kenya would like to retain the services of a Law Firm to act as its Solicitors and Advocates in rendering general legal and advisory services, on day-to-day operations, HR matters in Kenya, as may from time to time be required.
SCOPE OF SERVICES
An expression of interest is sought from appropriately qualified firms, specializing in Non-Profits and NGOs on an international level, to provide the below listed services.
The Offeror shall be readily available to perform the following legal services, in English and Swahili.
To emphasize: Due to the nature of its operation, the default language used by IsraAID is English. It is expected that all legal services, documents, and day-2-day communications will be done in English, unless otherwise explicitly agreed upon by the parties on a case-by-case basis.
General
- Advice on transactional and legal issues. - Advice in real estate matters, and pre-transaction due diligence processes. - Advice, vetting and review of Agreements and other contract documents. - Legal advisory services and information on regulatory concerns. - Review, draft and advice on all types of agreements (such as Contracts & MoUs). - Advice on governmental grants and contract issues. - Review, draft and advice on policies and by-laws. - Attend Board and Committee meetings as necessary. - Advice on responses to subpoenas, court orders, and requests for information from third parties. - Advice on corporate and tax-exempt organization legal issues. - Defend lawsuits, administrative claims, or other legal claims. - Support amicable dispute settlements. - Other legal services as needed.
Labour
- Advice on Labour and employment related issues. - Employment disputes, incl. pre-litigation advice and mediation. - Review, draft & advise on Employment contracts. - Advice on personal data protection and privacy issues. - To emphasize: Labour legal advice is primarily based on the Kenyan Labour Law.
International
- Legal advice on operations in multiple jurisdictions. - Advice on Organization Re-Structuring. - Advice on GDPR compliance related issues.
Note:
Although it is preferable for a Law Firm to submit a proposal covering all the above areas, IsraAID will consider proposals for subsets of these areas.
Remuneration/Retainer Fees
The Law firm shall quote its monthly/yearly retainer fees for the provision of the above services.
IsraAID will pay the retainer fee on a monthly/yearly basis, directly into account of the Law Firm upon signing of the agreement.
Without prejudice to the Retainer Fees, the Firm shall in addition receive commensurate fees on a pre-agreed client-lawyer scale (as part of the retainership) for the following services:
- For acting as agent and/or preparing instruments, agreements, or documents of a legal character in real estate sales/transactions.
- For acting in any proceedings before any Court of Law, Arbitration Panel, Tribunal or Legal Body, such reasonable fees as are consistent with the continuing relationship.
- For the recovery of debt on behalf of the Client.
The Law firm shall quote the hourly rates for the above listed services (which are not included in the retainer fee).
Minimum Qualifications and Requirements
The Law firm should
- be registered with the Law Society of Kenya and/or any other reputable professional associations (e. g Chartered Institute of Arbitration).
- have more than 3 years previous experience providing legal services to the International NGO sector.
- have a clear understanding of the humanitarian sector and donor rules and regulations.
PROPOSAL CONTENTS
In addition to the Minimum Qualifications and Requirements, the Offeror, in its proposal, shall, as a minimum, include the following:
A. Legal Experience.
The Offeror should
- Present the Law Firm portfolio and describe its legal experience* & expertise. Including a list of the Firm lawyers and brief profile of each.
- Provide 3 Recommenders, including company names, contact persons, phone numbers and emails, preferably with similar profile and from the non-profit /NGO sectors such as IsraAID.
- *Experience should include the following categories:
- 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 and utilize UN-funded services.
B. Organization, Size, Structure, and Areas of Practice.
Please describe the organization, size, structure, areas of practice, and office location(s).
C. Price.
- The Law firm shall quote its monthly/yearly retainer fees, as well as hourly rate for (out of retainer scope services).
- Refer to the Remuneration/Retainer Fees section.
PROPOSAL EVALUATION:
A. Evaluation Procedure and Criteria.
IsraAID's Procurement & Compliance Manager and the Executive Management will review proposals and make recommendations to the Board of Directors (BOD) for final approval. The Procurement & Compliance Manager and/or BOD may request a meeting with some 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
Quantitative:
- Cost Comparison.
Qualitative:
- The firm’s experience with similar clients and legal matters. - The firm’s history on the provision of retainership agreements within the humanitarian sector. - The firm’s history of handling national & international legal consultancy and advocacy. - Response from References. - References from International and/or national NGOs with which the law firms have supported (current and past agreements). - References from Registered Corporates/Commercial organizations with which the firm has provided similar legal services within Kenya will be an added advantage. - Interviews, if conducted.
How to apply
Please provide your proposal and quotation by 31st July ,2023 (The Due Date).
Quotations sent after the due date might not be considered. All Quotations must be submitted to mkarimi@israaid.org.