Terms of Reference (TOR) for Legal firm/consultant for Somalia

Terms of Reference (TOR) for Legal firm/consultant for Somalia

Introduction

This document outlines the Terms of Reference for hiring legal firm/consultant. 

·         Organizational Profile.

Secours Islamique France (SIF) is an International Non-Governmental Organization that has been working in France for more than 30 years, acting wherever there are humanitarian and social needs to be addressed. SIF believes in a more just and caring world where the basic needs of vulnerable people are met. SIF is committed to reducing poverty and vulnerability across the world, without proselytizing or discriminating. It implements emergency relief, development programs and advocacy programs. In Kenya and Somalia, SIF started its operations in 2012 through interventions on supporting vulnerable communities on thematic areas such as Child Well-being Sponsorship Program, Food Security and Livelihoods; and Water, Sanitation and Hygiene (WASH).

Objectives

The primary objective of this consultancy is to provide expert legal advice and assistance on matters related to the SIF's legal needs in Somalia, such as compliance, contracts, labor laws, governance, dispute resolution etc. The consultant will ensure that all legal frameworks are adhered to and that the SIF is protected from legal risks.

Scope of Services

·         Reviewing services, supplies and partnership contracts, agreements, Lease agreements; Insurance contracts / provisions; Cash transfer templates / contracts; Procurement and tendering laws and processes and other legal documents.

·         Advising on labor laws, employment contracts, and dispute resolution.

• Representing SIF in legal matters, negotiations, or disputes when necessary. The interests of the organization / field office are represented in all legal cases brought before the courts and, more generally, in all jurisdictions of the country, including: labour law–related disputes with employees; disputes with third parties, including civil liability; and issues with the national authorities in  Somalia (non-exhaustive list).

·         Inform and advise SIF on all legal and administrative procedure regarding NGO in Somalian law (renewal of registration for instance)

·         Write & review employee’s termination letters

·         Ensuring SIF is compliance with local legal and regulatory requirements regarding Somalian law

·         Give appropriate legal advice on the visas, work permits, and special passes required for the expatriate staff in Somalia.

·         Providing legal risk assessments and mitigation strategies.

·         Conducting legal research and providing updates on changes in relevant laws.

·         Providing SIF with advice on the following accounting and financial requirements (as well as other requirements as necessary):

ü  Compulsory deductions;

ü  Exclusions permitted by law;

ü  The domestic tax system;

ü  Tax preparation and advice;

ü  Legal audits by the national authorities.

Deliverables

·         The consultant is expected to provide:

·         Legal opinions and written advice on legal or other related matters.

·         Review all contracts and agreements.

·         Compliance reports and risk assessment documentation.

·         Representation in legal proceedings.

·         The lawyer is required to respond within 48 hours of the request from SIF, either by e-mail or in person at the SIF office.

·         Each consultation requested by SIF must be confirmed in writing via email to the head of the field office, copying in SIF head office.

·         All contentious cases must be documented in a brief that is approved in advance by SIF in order to ensure the proper defence of SIF’s interests.

·         All legal acts or measures taken by the lawyer are to be submitted to SIF for prior approval.

Duration of the Contract

This Framework Agreement will begin on 1st April 2025 and will end on 31st December 2025, with an option to renew upon mutual agreement. A performance review will be conducted every year. 

Payment Terms; 

Payment for services will be structured as follows:

• 100% to be paid on the monthly bases upon the presenting invoice.

• Must have valid license registration from the supreme court of the federal republic of Somalia.
• Must have a lawyer registration certificate from high court of Juba land State of Somalia.
• Must be an active member of Somalia Bar Association (SBA)
• At least 5 years of experience in legal consultancy, corporate law, or a related field.
• Expertise in specific areas, e.g., labor law, contract law, compliance.
• Strong analytical, negotiation, and communication skills.
• Experience working with INGOs.

Confidentiality and Data Protection

The Service Provider agrees to:

• Maintain confidentiality regarding all proprietary and sensitive information.
• Adhere to data protection regulations and ensure that SIF data is always secure.
• Ensure that backups of all critical data are maintained regularly.

10. Evaluation Criteria:

·         Profile (Relevant experience, professional certificates, Expertise in specific areas, e.g., labor law, contract law, compliance) 60%

·         Financial proposal 40%

Interested candidates/Firms should submit below documents on to [email protected] and cc [email protected] to be received on later than 15th March 2025 with subject marked “ Bid for legal service”

• A cover letter outlining the suitability for the role.
• Detail firm/consultant profile which must include CVSs’, professional certificates etc.
• References letters (maximum 3) from previous clients.
• A financial proposal indicating the expected fee structure.