Consultancy service for Legal Advice Services

Terms of Reference (ToR)

Consultancy service for Legal Advice Services

Background

Oxfam is an international confederation of 19 organizations network together in more than 65 countries, as part of a global movement for change, to build a future free from the injustice of poverty. Oxfam has been working in Nepal for 40 years to support the Government of Nepal with the vision to create a just society without poverty; a society in which all women and men live a life of dignity, enjoy their rights and assume their responsibilities as active citizens of Nepal. Through its different program, it aims to provide people with livelihood opportunities, ensuring that development-related activities are demand driven and sustainable and that the most vulnerable are empowered to claim their rights. 

Oxfam requires legal opinion and assistance on various matters related to different organizational functions like HR, finance, program and so forth. As an organization Oxfam respects the legal compliance and aims to be in line with the legal requirement as suggested by the Government of Nepal. Therefore, Oxfam is seeking for the consultant for legal advice. 

A framework agreement will be done with the selected consultant/consultancy initially for a year and will be extended as per the organizational needs and requirements.

Objectives of the Assignment

The objective of this consultancy is to provide comprehensive legal service to Oxfam in Nepal on the organizational matters pertaining legal implications.

Scope of Services and Tasks/Activities to be completed by assigned consultant 

The overall scope of this consulting assignment includes following tasks/activities as and when required or on ad hoc basic and are not limited to: The consultant will:

• Provide legal advice on the changes in labour law relevant to Oxfam in Nepal, its implication, and amendments to be made in line with the changes
• Provide legal advice and solution in compliance with current laws related to administrative law, tax law, fiscal law, immigration law, employment law, labour law, criminal law, project partnership law or grant law and other
• on any matters related to Oxfam in Nepal
• Draft and review agreements, letters, legal documents which is technically accurate and in compliance with the organisation and country laws and policies. 
• Interpret and apply the theoretical legal knowledge, so that it applies to practical organisational solutions. 
• Represent Oxfam in Nepal in different forums in consultation with designated representative from the organisation. 
• Provide legal solution to disputes/grievances and recommend as well as drafts and issue letters that are relevant to the law. 
• Draft and review the legal filings and drafting technically correct opinions. 
• Legal translation

Expected Deliverables

1. Written legal opinion 
2. Draft of Agreement (Law of contract)
3. Draft of Letter/application/response to government office/court and to any other second party including staff
4. Written synopsis of meeting and discussion
5. Translate document
6. Representation at government agencies/court as necessary

Note: Deliverables will vary as per the legal advice required.

Reporting Line Manager

This work is to be delivered to and overseen by the Head of HR and Admin and/or Country Director

Scope outputs will be signed off by Country Director in order to ensure full delivery and timeliness.

Duration: Start date and completion date

The estimated input of the consultant is will initially be for until 31 March 2024 and can be extended as per the Organisational needs and requirement.

Detail Budget breakdown

All amounts in

Note: number of units can be decreased or increased based upon service delivery basis i.e., depending on the need of Oxfam in Nepal. Bidding will be evaluated based on unit price quoted by the consultant/consultancy firm.  

Terms of Payment

The payment will be made quarterly as per the service taken with full satisfaction evaluated by hiring manager.

Criteria/Minimum Requirement

Based on following criteria/minimum requirement proposal will be analysed. 

Please submit the attached Annex-1 (mandatory):

https://drive.google.com/uc?export=download&id=1Tm-hoMCf3rN5oZsHH1m_vuKvtli_ssmp

Documents for submission

• During proposal submission from Consultant/Consultancy firm:
  • Technical proposal and financial proposal
  • CVs of assigned legal expert/consultants
  • VAT registration certificate 
  • Tax clearance certificate 2078/79
  • Company registration certificate and renewal
  • Company Profile of the consultancy firm
  • List of similar experiences/ experience letter
  • Reference
• After Contract signing for each payment
  • Actual VAT invoices to claim for expenses as per mentioned in the contract 
  • Summary of service (Work Completion Note) provided against the invoice submitted to the Organization
  • Agreed time sheet of all involved consultants upon completion of project-signed by consultant and hiring manager 

Required qualification and experience of the assigned Consultant

• Master’s degree in Law
• Knowledge in Nepal legislation and policies related to INGO work in the country 
• Overall, 10 years of legal experience in working any kind of organization, out of 10 years, at least 5 years’ legal experience with INGOs in handling diverse range of cases specially related to administrative law, tax law, immigration law, employment law, labour law, criminal law, partnership law etc. in INGO or development sector.
• Experience working within the peripheral of governance and administrative structures of Nepal
• Experience of representing INGOs at different government agencies as a focal person on the legal matters and lead the discussion to obtain the support from the related government line agencies
• Experience of drafting legal documents for INGOs
• Excellent communication skills and diplomatic approach 
• Ability to operate and work independently. 
• Detailed oriented and strong organizational skills

Response

• The Consulting VAT Registered Firm should submit the technical and financial proposal to Oxfam by 19 July 2023 before 5 pm via email to consultancy_nepal@oxfam.org.uk, clearly mentioning the title of assignment in the email subject line “Legal Advice” and not exceeding 15 MB. The hard copy of the mentioned proposal can also be submitted at Oxfam Country Office, Jawalakhel-20, Lalitpur, Nepal. 

Ethical Considerations

The Consultant will be required to take all the necessary actions to handle the collected data responsibly (see Oxfam Responsible Data Policy) to ensure data privacy, anonymity, and confidentiality.

The data collection and the survey(s) should include an effective informed consent form that seeks consent from respondents after being informed on the purpose of this data collection, how the data will be stored, used, who will have access to the information, and they have to right to remove themselves from the survey at any point in time. A contact number should be communicated to them to do so. The informed consent should be obtained after providing this information in a concise and clear manner and in the most adequate language.

Our Commitment to Safeguarding

Oxfam is committed to safeguarding and promoting the welfare of children, young people and adults and expects all staff, consultants, volunteers to share this commitment. We will do everything possible to ensure that only those who are suitable to work within our values are selected to work for us.  

Confidentiality / Non disclosure

All material issued in connection with this ToR shall remain the property of Oxfam and shall be used only for the purpose of this procurement exercise. All information provided shall be either returned to Oxfam or securely destroyed by unsuccessful applicants at the conclusion of the procurement exercise.

During the performance of the assignment or at any time after expiry or termination of the Agreement, the Consultant shall not disclose to any person or otherwise make use of any confidential information which s/he has obtained or may in the course of this agreement relating to partner organization/Oxfam, the respondents or otherwise.

The consultant will be required to sign a non-disclosure/confidentiality agreement as part of their undertaking of this work. 

Intellectual property, Copyright, and Ownership of all prepared information

The Consultant shall retain all rights to pre-existing (background) intellectual property or materials used by the Consultant in the delivery of this study. All arising intellectual property, ideas, materials, processes or processes formed in contemplation, course of, or as result of this study shall be passed to Oxfam without restriction.

The Consult shall warrant that all arising Intellectual Property, materials and/or products produced in pursuit of this study shall be original,and shall not infringe on any third party’s claim. All technical or business information, in whatever medium or format, originated, collated or prepared by or for the Consultant in contemplation, course of, or as result of this assignment shall be transferred to Oxfam without restriction on completion and shall not be used by the Consultant for any other purpose without express written permission of Oxfam’s Head of Programme Funding.

Copyright of all arising documents, data, information or reports produced by the Consultant under this agreement shall belong to Oxfam and will be passed to Oxfam without restriction. Such documents, data, information and reports shall not be used by the Consultant for any other purpose other than in conjunction with this assignment, without the express written permission of Oxfam’s Head of Programme Funding.