Request for Proposal (RFP)
RFP No. PK-RQ – 0593
Legal Advisor for Ipas Pakistan
Release Date: 21/02/2024.
Instructions to Offerors
- Offer Deadline: Offers must be received no later than 5:00 PM on March 5, 2024 through this Portal by mentioning your office contact details (office address, landline number and email address, and office/company website if any). Please submit your offer through the link containing this procurement opportunity.
- Scope of Work: Section 9 contains the scope of work.
- Negotiations: Best- proposals are requested. It is anticipated that awards will be made solely on the basis of these original proposals; however, Ipas reserves the right to conduct negotiations and/or request clarifications prior to awarding a contract.
- Evaluation and Award: The award will be made to a responsible offer whose offer follows the RFP instructions, meets the technical specifications and requirements, and is judged to be the most advantageous in terms of lowest cost.
- Terms and Conditions: Issuance of this RFP does not in any way obligate Ipas-Pakistan to award a contract order, nor does it commit Ipas – Pakistan to pay for costs incurred in the preparation and submission of a proposal. Any resultant award or lease will be governed by these terms and conditions.
- Partner Eligibility Criteria: Legal advisory firm must be specialized in labor laws, legal requirements of INGO. Law must have sound knowledge of Pakistan taxation laws.
- Technical Specifications: The technical application will have more significant importance than cost application in the selection of a successful applicant. It should demonstrate the applicant’s capabilities and expertise with respect to achieving the goals of this proposal. Therefore, it should be specific, complete and presented concisely. The suggested outline for the technical application is:
a) Cover Page A single page with the following details:
- RFP number
- The name of the firm law/regulation under which it is registered with Government of Pakistan, date of such registration and corporate website link, if any.
- Contact person for the prime applicant, including individual’s name (both typed and his/her signature), title or position with the organization/institution, postal/ office address, landline and mobile telephone, fax numbers and e-mail address.
- Detail of primary bank account with account number, bank name and branch number will also be required to establish banking experience.
b) Institutional Capacity & Technical Approach The technical approach must demonstrate an in depth understanding of expertise in in the required field of with the proof of successful past experiences, particularly in Pakistan. Applicants must demonstrate technical and managerial expertise that would directly benefit implementation and include the following:
- Proposal stating understanding about the SOW, sharing relevant details including past relevant experience (summarized information is required)
- Complete details of consultant/s
- CVs of the staff will be engaged for the assignment.
c) Financial Proposal: Financial proposal must be submitted as per Statement of Work mentioned in Section 9.
8. Evaluation Criteria for Scope of Work: The various functional elements of the technical criteria are assigned weighted scores, so that the applicant will know which areas require emphasis in the preparation of applications. The relative importance of each criterion is indicated by the number of points assigned.
Overall evaluation shall be carried out based on weighted average methodology wherein technical evaluation will carry 70% and financial evaluation will carry 30% weightage.
Mandatory Requirements:
| Mandatory Eligibility Criteria Checklist | Yes/No | |
| 1 | Proof of Certificate of Incorporation or Registration or equivalent with relevant authorities
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| 2 | Proof of NTN Certificate
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| 3 | Original affidavit (not older than one month) on Stamp Paper(s) of worth Rs.100 or more that the applicant is not insolvent, bankrupt and is not blacklisted or debarred by PPRA, Government, Semi-Government, Private, Autonomous body or any other international organization | |
| 4 | Original affidavit (not older than one month) on Stamp Paper(s) of worth Rs.100 or more that the applicant is an active taxpayer and has submitted its tax return for the preceding fiscal year. Taxpayer list serial number (downloadable from FBR’s website) is also to be mentioned. |
| Technical Evaluation Criteria | Weight |
| a. Proven knowledge of Protection Against Harassment of Women in the Workplace Act (PAHWA) and experience of related complaints handling | 10 |
| b. Applicant’s presence/team availability within major cities in Pakistan (especially in Islamabad, Lahore, Karachi and Peshawar etc.) | 05 |
| c. Track record (years of experience) with respect to general litigation, arbitration, dispute resolution, mediation and advisory and transactional work in the areas of Intellectual Property Rights Law, Equity Laws, Information and Communication Technologies law, Cyber Law etc | 10 |
| d. Management Structure, supervisory arrangements for quality control and Qualification and Experience of Key Personnel (Organization chart, describe of quality assurance mechanism and CVs of proposed client engagement lead; deputy lead; head of firm/partners) please provide details of at least one of the partners of the law firm who shall be an Advocate of the Supreme Court of Pakistan. | 15 |
| e. Proven knowledge of taxation rules and regulations applicable to INGOs and representing INGO clients in responding to queries from FBR | 05 |
| f. Proven experience of working on issues relating to administrative law, labor law, registration, with previous clients on projects of similar nature for not-for-profit sector, and INGOs in particular | 10 |
| g. Response from two references from clients served in the last 5 years | 05 |
| h. Proposed approach to scope of work | 10 |
| Financial Evaluation Criteria | |
| i. Valid bank maintenance certificate in the name organization/firm | 10 |
| j. Monthly retainership fee that would be charged to advise on matters as agreed to in the retainership agreement etc. | 20 |
| Total | 100 |
9. STATEMENT OF WORK
Introduction/Background: Ipas is an international non-governmental organization (INGO) which works to assist the Government of Pakistan in achieving the country’s commitment towards the Sustainable Development Goal 3 (good health and wellbeing). It seeks to reduce maternal mortality and morbidity associated with complications due to unsafe practices. Improving reproductive healthcare is vital to preserve women’s reproductive capacity (fertility). We collaborate with provincial governments (in Punjab, Sindh, and Khyber Pakhtunkhwa) and the ICT region to provide technical assistance and support for strengthening the public and private healthcare system. We improve the provision of maternal healthcare services based on nationally approved guidelines and recommended technologies such as uterine evacuation and healthy spacing methods. We help to upgrade government-run hospitals and medical facilities by providing need-based equipment, supplies, and training to health care practitioners.
9.1 Period of Performance: Retainership
9.2 Place of performance: Ipas office, Islamabad and remote
9.3 Travel: Not required
9.4 Statement of work:
This scope of work focuses on assisting the Ipas Pakistan leadership by providing reliable, timely and up to date advice on:
Compliance with all Pakistani labour laws
- Review and provide recommendations (in the form of specifically rephrased alternative content) to ensure the HR Manual, Employee Handbook and all Ipas Pakistan HR policies and procedures are in compliance with Ipas standards and any Pakistani laws, rules and regulations applicable to INGOs.
- Review recruiting and hiring documents to ensure legal compliance, efficiency and equity, including employee offers and contracts cost of living and bonus procedures and documents
- Review and provide advice as needed on complaints handling mechanism related to protection of sexual abuse and exploitation, gender-based discrimination and review and advise on proceedings and outcomes of any inquiry held of reported complaints to ensure compliance with PAHWA.
- Assist in compliance with all Ipas and Pakistan governmental requirements related to workplace ethics, including providing annual staff trainings and awareness sessions particularly related to PAHWA.
- Advise on individual labour and employment matters as requested.
- Reviewing and advising on internal correspondence and external communications.
Agreements between Ipas and third parties (including vendors, implementing partners etc.)
- Review draft contracts, request for proposals, expression of interests as and when required by the company;
- Advise on Government grant and contract issues;
- Review and draft memorandums of understanding, partnership/collaboration agreements (including Public-Private Partnerships), intellectual property right/patent agreements with various national and international entities, whenever required by the Company;
- Review and update the company’s non-disclosure agreements with third parties.
- Advise on all potential corporate, regulatory and other legal issues related to the company’s contractual agreements and memorandums of understanding with third parties.
- Advice on matters related to intellectual property rights;
- Advise on response to subpoenas, court orders and request for information from third parties;
- Conducting due-diligence of legal documentation;
- Attendance and participation at meetings about and/or with entities having legal business with the Company, when required by the Company;
- .Other likewise legal services as needed by the company, excluding litigious matters
Overall risk management related to legal and regulatory affairs
- Provide information and advice related to arbitration, dispute resolution, mediation and advisory and transactional work in the areas of Intellectual Property Rights Law, Equity Laws, Information and Communication Technologies law, Cyber security Laws, privacy laws and anti-defamation laws.
- Provide timely written updates to Ipas management regarding changes in Pakistani laws/regulations/rules of businesses affecting INGO operations in Pakistan including but not limited to registration, human resources, financial management and taxation.
- Review existing plans and assist in updating and strengthening risk mitigation plans for high level risks (fraud, waste, abuse), and internal control procedures.
The Services rendered shall not include the following items/projects (hereinafter the “Excluded Assignment”):
- Representation of Company before any Authority, Tribunals, Courts, etc.
- Special Projects, as mutually agreed with reasons recorded in writing, that are extensive/technical in nature.
With regards to the Excluded Assignment, the Legal Advisor shall charge a separate professional fee to the Company, on case-to-case basis.
This Agreement shall be non-exclusive in nature and substance.
Deliverables
- Responses to queries within 72 hours of the query
- Rapid response to any questions or needs marked as urgent (within 24 hours)
- Proactive advice on the issues within this scope of work
- Written legal opinions as requested, particularly on high risk and compliance issues.
- Review and written advice on key documents, such as the HR Manual and labor contracts.
- Close assistance and accompaniment for high-risk actions, and/or legal representation, such as court cases or staff separations
- Provide general written and verbal advice on legal matters in Pakistan relating to the operation of an international nonprofit organization.
Terms
The successful applicant will be bound to provide the services of the professional staff proposed in the technical proposal. In case of non-availability of any proposed professional staff during the contract period, the applicant will provide valid reason and documentary justification. The applicant is bound to provide the substitute professional staff with the same technical strength with no delay after mutual agreement of both parties i.e. the bidder and the Company.
This Agreement shall be valid for a period of initially 6 months from the Effective Date and shall be renewed automatically for a period of one (1) year on the expiry of initial term period on the same rates/terms and conditions, unless expressly terminated earlier by either party in writing by advance notice of one (1) month.
The Company will designate an authorized official/s to provide instructions to the Legal Advisor and maintain liaison, who shall also be responsible for coordination for relevant information required for execution of Services by the Legal Advisor.
The Legal Advisor, its staff, partners, associates, employees, personnel, agents, and/or any other person acting on behalf of the Legal Advisor shall hold in confidence all documents and other information supplied to it or its aforesaid personnel, which relate to the Client or any of its assignments. The Legal Advisor undertakes to ensure that neither it/he nor any of its/his employees, staff, partners, associates, personnel, agents or any other person acting on behalf shall at any time during the course of this Agreement or any time after the termination thereof, divulge or disclose any information or documents that are not public documents or not in public domain at the time, to any third party or person without the prior written consent of the Company. The provisions of this clause relating to confidentiality shall survive the termination of this Agreement and shall expire one (1) year from the date of the termination/expiration of this Agreement. At the termination of this Agreement, the Legal Advisor will promptly release to the Client, upon request, all of the Client’s papers and property, if any, entrusted to the Legal Advisor. The Legal Advisor, however, will be free to dispose of any such papers or property, if not requested by the Client within fifteen (15) days after the termination of the Agreement.