Request for Proposals

• Reference No.: RQ1921
• Date Published: 02/20/2024
• Due Date for Responses: 03/05/2024

General Information

Opportunity Title

Legal services on retainer for Burundi office

Project Background

Everyone deserves the opportunity to build a better future. This simple idea has been at the heart of TechnoServe’s work around the world for over 50 years. TechnoServe is a pioneer in leveraging the power of business and markets to create sustainable pathways out of poverty. The low-income communities in which we work are full of enterprising people. Their small-scale farms and businesses are the keys to economic development. But they face many challenges: low literacy, lack of access to jobs and markets, unpredictable political dynamics and, increasingly, the effects of climate change. For many women and young people, the challenges are even more daunting. Working with TechnoServe staff, people around the world are lifting themselves out of poverty. The results are amazing...when incomes increase and living conditions for families get better, they are able to access health care and education previously out of reach. Communities and even whole countries are better off.  echnoServe, Inc. is working in Burundi on a 5-year, multi-million-dollar USDA-funded coffee sector development project. The Burundi Better Coffee Initiative (BBCI) aims to strengthen the competitiveness of Burundi’s coffee sector by improving on-farm production, local processing, marketing, and the supportive ecosystem. TechnoServe is legally registered in Burundi as a Non-Profit International Organization. TechnoServe, Inc. is headquartered in Arlington, VA, USA. TechnoServe Burundi currently employs around ten (10) local staff and is headquartered in Bujumbura. In 2024, TechnoServe Burundi plans to open a field office and recruit a larger team, including up to 30 staff and 40 consultants.

Scope of Work

GENERAL REQUIREMENTS

TechnoServe is seeking to identify a law firm to provide general and specific legal services, as requested, to support the country's operations in all aspects. This will include advice and support on compliance with applicable local laws, regulations, licensing requirements and industry practice; contract drafting, review and negotiation; representation in litigation and other legal disputes; and other matters of a legal nature that may arise. Advice on mitigation of legal risk exposure will be sought, and coordination with TechnoServe General Counsel in the United States on matters relevant to TechnoServe headquarters will be required. The selected law firm may be requested to provide advice on an ongoing basis through less formal means, including email communications and verbal discussions/meetings. TechnoServe requires counsel to be knowledgeable, cost-effective, and responsive, and expects the engagement to have an indefinite term. Firms responding to this request should provide a summary of your experience providing advice and assistance on legal matters for non-profit international organizations and their locally registered representative entities. Please provide a summary of your experience providing legal services and your fees for such services, including hourly rates and retainer or fixed fee arrangements. Your response should demonstrate experience in Burundi with:

• 1. Substantive matters in the areas of employment of local and international staff, labor relations, corporate and NGO registration, tax registration and compliance with corporate and employee tax requirements, banking and financial transactions, importation of goods and services, data protection, and protection of intellectual property.
• 2. Building strong relationships with local government agencies and representatives as applicable.
• 3. Drafting and negotiation of employment and commercial contracts.
• 4. Prevention and resolution of disputes, including representation in judicial or administrative proceedings.

Please include the names and professional qualifications of personnel who would be assigned to provide the legal services.

Note that fluency in French, English, and Kirundi is required.In addition, timeliness and responsiveness to requests are critical to TechnoServe’s successful operations in Burundi. As such, please describe how you will ensure responsiveness to TechnoServe’s requests.

Your firm will also be expected to regularly and proactively update TechnoServe on legal developments and changes in Burundi and to recommend steps that TechnoServe should take to maintain compliance with local laws and regulations. Please describe the mechanisms you have in place for proactively updating clients on emerging legal issues and changes.

Required Deliverables

CRITERIA FOR SELECTION

The evaluation of each response to this RFP will be based on the service provider’s demonstrated experience, qualifications, competence, and price. The purpose of this RFP is to identify law firms that have the interest, capability, and resources to supply TechnoServe with the requested legal services. All quotes will be evaluated and scored based on the following criteria: Criteria Weighted score Fee rates (comprehensive) 30 pts Quality of proposal 30 pts Firm’s experience and qualifications 40 pts 

• Anticipated Start Date: 04/15/2024
• Performance Location: Burundi
• Additional Information: N/A
  
• Vendor Questions Accepted?: Yes
  
• Deadline for Questions: 02/23/2024
• Response Language: English

Attached Files

The attached files, as applicable, constitute an integral component of the solicitation document, and should be duly considered by all prospective vendors. In the event of any inconsistency between the information contained in the attached files and the main solicitation text, the provisions set forth in the solicitation text shall prevail.

Selection Criteria

The following criteria will be used by TechnoServe to evaluate and compare vendor responses.

Response Instructions

To ensure consideration, all responses must be submitted no later than 03/05/2024, written in English with prices stated in BIF.

All responses must:

• Contain a detailed cost with applicable taxes and other charges clearly identified.
• Provide requested payment terms and conditions.
• Include a contact name, email address, and telephone number.
• For quotes from a firm, provide a brief outline of the company and services offered, including the company's full legal name and address, the jurisdiction of incorporation, the full legal name and country of citizenship of the company's owners/principal officers, and the year the business was established.
• If a consortium of firms or a team of consultants submits a quote jointly, the above information should be provided for each member of the team.
• Only include attached files that are 10 MB or smaller in size. Do not include compressed (ZIP, RAR), executable, or other unusual file formats as these will be rejected.

Submit responses to: buy+RQ1921@tns.org

Note: DO NOT email your response to any employee of TechnoServe or deliver your response in hard copy to a TechnoServe office. Failing to adhere to these instructions may make your response ineligible for consideration.

Terms and Conditions

• This solicitation shall not be construed as an offer by TechnoServe.
• Responses must be submitted on or before the date indicated.
• Any quotes that are unresponsive will be summarily rejected.
• Responses to this solicitation shall be deemed binding offers and must remain valid for acceptance for no less than 90 days from the closing date of this solicitation.
• Any purchases resulting from this solicitation will be governed by TechnoServe's contractual terms and conditions, and may be subject to additional terms as required by donors funding the purchase.
• TechnoServe expressly reserves the right to accept or reject any quote or to cancel the solicitation process at any time without explanation, with no liability to any respondent.
• TechnoServe may, at its discretion, accept all or part of a respondent's offer.
• All information provided by TechnoServe in this solicitation is given in good faith; however, details are subject to change.
• TechnoServe may require respondents to enter into a non-disclosure agreement as a prerequisite for consideration.
• Respondents bear sole responsibility for all costs incurred in connection with the preparation of their response, including any third-party expenses.
• All responses shall become the property of TechnoServe.
• Respondents must fully disclose any conflicts of interest pertaining to this solicitation. Failure to comply may result in disqualification.