Expression of Interest and Prequalification for Provision of Legal Services

Published · Updated

REF: EdDevTrust/ADMIN/EOI/002/2021

Education Development Trust Sub Saharan region is embarking on a process to identify a limited number of external firms of attorneys to appoint to its panel to provide ad hoc specialized services.

Introduction

At Education Development Trust, we improve school systems at scale; we partner with governments around the world to help turn ambitious, visionary education policy into reality. We invest annually in our program of education research and this evidence underpins our work and informs policy and practice around the world. We have a long-established presence in Africa – running programs since 1992 – and have worked with a range of governments, donor agencies and partners to improve education across the continent, providing short-term, expert consultancy and delivering long-term, national education programs.

The legal services will be provided for but not limited to Kenya office

General Instructions

ED Dev Trust hence invites qualified and reputable legal firms to submit their applications expressing interest and providing documentation to be prequalified (shortlisted) to participate in subsequent presentation of proposed legal services before selection as prequalified legal firms of Education Development Trust.

Only qualified firms from this exercise will be invited for to present their services in upcoming prequalification process.

In addition to the specific requirement for legal services, the prequalification process may result in the establishment of Long-Term Agreements for a period of five (2-3) years, as and when the need arises. These LTAs might include secondary bidding process, where Requests for Quotations (RFQs) will usually be issued to the relevant LTA holders, to select and award contracts/POs for legal Services. More details will be provided at the presentation stage.

Please note this is not a solicitation of commercial offers. No price offers are required at this stage. This is a prequalification (short listing) exercise in relation to an upcoming bidding process.

Submitting a reply to a Call for the EOI/Prequalification does not automatically guarantee receipt of the solicitation documents when issued. Submissions which are incomplete may not be considered.

Education Development Trust reserves the right to change, reject or cancel at any time during the EOI/Prequalification and/or subsequent bidding process without any liabilities when considered to be in the best interest of the organization and/or the people it serves. Ed Dev Trust also reserves the right to require compliance with additional qualification requirements at the bidding/presentation stage.

Scope of provision of legal services

The areas upon which legal services may be required include:

  • Advisory opinions on employment and labor related matters, including hiring and separation of staff.
  • To offer legal advice on best practices on termination including redundancy measures that protects the client from unnecessary litigation and penalties.
  • Advise on changes in Labor Laws to ensure organizational compliance.
  • Provide independent advice on contractual engagement between Ed Dev Trust and various contractors, including office lease contracts.
  • To review and advise on contracts (staff, consultants, vendors).
  • Process work permits and handles immigration issues.
  • Provide secretarial services and undertake company returns for EDT Kenya.
  • Draft and review of legal letters on behalf of EDT Kenya
  • To sign or witness on conclusion, termination, cancellation, or novation of lease agreements.
  • To review or draft contracts, memoranda, and other legal documents for use by EDT.
  • To represent EDT before third parties, in relation to legal matters, including courts, arbitration tribunals, government agencies, and regulatory agencies.
  • To institute civil or criminal actions against third parties on behalf of EDT and to defend EDT against any claims brought against them, including submitting written and/ or oral petitions, affidavits, and evidence to courts, tribunals, or regulatory agencies.
  • To receive summons, legal notices, and similar documents on behalf of EDT.
  • General Legal Advice.

Prequalification and evaluation criteria

  1. Mandatory requirements
  • This will be evaluated on a responsive or non-responsive basis
  • All bids submitted shall (mandatory) include copies of the following documents
  • EOI response with all supporting documents
  • A current LSK Membership Certificate
  • Certificate of incorporation for the firm tendering/ Business Registration Certificate
  • Current Year Single Business Permit
  • A valid tax compliance certificate from K.R.A
  • Copy of professional indemnity
  1.  Technical requirements

A score card will be used to evaluate the technical and financial requirements.

  1. Proposal: The Bidder must demonstrate expertise and knowledge of the areas mentioned in the scope of services. Format should be as below for each scope provided.
  2. Expertise
  3. Knowledge
  4. Structure of proposal

b. Law Firm Experience: The law firm must have demonstrable experience in the area as set out in the specification requirements by providing a minimum of 3 reference letters.

Details of the service rendered are to be submitted in the below format:

  • Title of service rendered
  • Duration of service
  • No. of staff involved and their position in the law firm
  • Result of the legal services
  • Should not exceed A4 paper for each service/title demonstrated as per scope of services

c. Resources Experience: Detailed CVs indicting work done and years of experience must be submitted with below minimum requirements.

  • Lead Partner/Director – Minimum 10 years’ experience of post admission as an attorney for the area of specialization in the Kenya and or Sub Saharan region.
  • Junior Attorney – Minimum 5 years’ experience post admission as an attorney
  • Bachelor’s degree in law or equivalent qualification from a recognized institution
  • Postgraduate Diploma in Legal Education from the Kenya School of Law
  • Should be an advocate of the High Court of Kenya with a current practicing certificate from Law Society of Kenya (LSK) for all partners and associates

d. Financial requirements

  • A copy of 2019/20 audited accounts
  • 6 months certified bank statement
  • Amount of Professional indemnity cover

Submission and application

Complete Expressions of interest applications and submission including supporting documents and evidence should be sent by email (max. 15 MB per message) to the following address ssaprocurement@educationdevelopmenttrust.com or in hard-copy to Education Development Trust offices located on the 2nd Floor of Ngong Lane Plaza, Ngong lane, off Ngong road during working hours (Mon -Thursday 9.00am to 3.00pm).

Submission deadline is Friday 23rd July 2021 at 2.00pm. Tenders will be opened on thereafter within a week of opening. All bidders or their representatives are welcome for the opening which will take place online and an invite will be sent.

Completed tender documents should be addressed to: –

Education Development Trust,

P.O. Box 45774 – 00100,

Nairobi, Kenya.

For any enquiries please contact:

ssaprocurement@educationdevelopmenttrust.com

Closing date: Friday 23rd July at 2021 2.00pm

Deadline for enquires is Wednesday 21st July 2021

Please clearly mark your application with the reference: EdDevTrust/ADMIN/EOI/002/2021 as subject in email or in sealed envelope if submitting in hardcopy format

Thank you,

Wanjiku Gacuru

Sr. Procurement and Logistics Officer

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