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Director, Legal Service/PPP Directorate

IFPPP/PPPD/DL/2023-24

OBJECTIVES OF THE ASSIGNMENT

The primary objective of the assignment is to strengthen the legal services function at the PPP Directorate and augment the capacity of the PPP Directorate in carrying out its mandate under the PPP Act 2021 to assist Contracting Authorities across various sectors and county governments, to identify, select, appraise, approve, procure, negotiate and monitor PPP projects throughout their cycle, as well as supporting the Government in entrenchment of its PPP policy, legal and regulatory framework. A secondary objective is to support the capacity building initiatives of the PPP Directorate and sensitize Contracting Authorities and stakeholders on Kenya’s PPP legal framework.

DUTIES AND RESPONSIBILITIES
The Director, Legal Services is expected to meet the above objective by performing, without limitation, the following tasks:

  •  Lead a team of senior lawyers to deliver the legal mandate of the Directorate to effectively implement the PPP program in Kenya.
  •  Overseeing regulatory compliance, legal compliance and regulatory affairs.
  •  Providing advice/counsel across multiple areas of PPP (contract law, land law, litigation, transactions compliance, labour, corporate governance, ethics, etc).
  •  Support Director General in the secretariat duties to the PPP Committee.
  •  Coordinating assistance for the recruitment of Transaction Advisors (TA), including preparation or review of TORs, drafting of TA contracts and advice on bid evaluation and TA selection, including how any dispute on TA selection can be resolved.
  •  Coordinating in the legal review of feasibility study reports to ensure conformity with the PPP Act, the Government Contracts Act, Cap 23 Laws of Kenya and other legal requirements.
  •  Coordinating assessment of chosen approach to PPP transactions and whether any aspect of that approach abides with the available laws, mainly PPP, PFM, Constitution etc.
  •  Coordinating attainment of necessary approvals and permissions for PPP processes before commencement of the tender process.
  •  Coordinating support consistent with the PPP Act and supporting regulations throughout the PPP process including review of PQ notice, RFQ, PIM, RFP and Project Agreement and other transaction documents for PPP projects.
  •  Lead legal input in PPP procurement processes, reviewing and drafting of transaction documents and related legal documents for proposed PPP projects.
  •  Providing legal guidance to contracting authorities, during all PPP stages.
  •  Supporting contracting authorities in preparation and management of the PPP negotiations to commercial close.
  •  Providing solutions in unlocking transaction processes towards the achievement of financial close.
  •  Liaison with the Office of the Attorney General to obtain various clearances and legal instruments required for PPP transactions.
  •  Preparation of post-contract negotiation documents or other requisite approvals.
  •  Identification of risks and potential litigation arising from bidding process, contract variations and other related operational policy concerns and provide legal advice onthe mitigations, and ensure timely escalations and adherence to the law.
  •  Coordinating legal research and studies on various laws, administrative issues, court decisions and other legal issues related to PPPs, and ensure the Directorate is leading on global practices.
  •  Coordinating the formulation of guidelines and standard documentation required under the PPP Act and other relevant statutes.
  •  Perform any other ancillary and associated tasks, including administrative tasks, as may be required.
  •  Capacity building for the various arms of Government on the PPP framework.

SELECTION CRITERIA

  •  Bachelor’s degree in laws (L.L.B) from a recognized institution.
  •  Postgraduate Diploma in Legal Studies from the Council of Legal Education.
  •  Master’s degree in law or a Social Science from a recognized institution as an added advantage.
  •  Track record of resolving complex legal transaction with a solution-oriented mindset.
  •  At least ten (10) years of post-qualification experience.
  •  5 years of experience at Senior Management level.
  •  Experience in PPP’s, Project Finance and/or Project Management.
  •  Good understanding of Government of Kenya procedures and operations.
  •  Ability to apply good legal judgment in the context of assignments and to present results/recommendations clearly and concisely.
  •  Excellent interpersonal skills, with a passionate, positive attitude.
  •  Excellent communications skills in English, ability to present both written and oral ideas clearly, concisely, and persuasively.
  •  Excellent legal research skills with significant experience in the use of varied legal research sources.
  •  Excellent problem solving and analytical skills, and attention to detail, and the willingness to assume multiple roles and tasks to meet changing business needs.
  •  Excellent process and project management skills, with the ability to work independently, seeking guidance on complex issues from senior staff.
  •  Ability to work well as a team member and lead diverse teams.
  •  Ability to work under time pressure and to juggle multiple tasks within tight deadlines.
  •  Fully proficient in computer skills, particularly in using word processing software, information databases, intranet and internet services and resources.
  •  Demonstrated commitment to core values, including excellence, mutual respect, collegiality, teamwork, diversity and inclusiveness, integrity, innovation, transparency and accountability.
  •  Ability to drive transactions from start to finish, with the ability to work with cross functional teams.
  •  Ability to understand complex legal issues in project finance and Government transactions and able to articulate arguments and rationale for the same.

DATA, LOCAL SERVICES AND FACILITIES TO BE PROVIDED BY CLIENT

  • The PPP Directorate of the National Treasury, Kenya will provide full office accommodation in Nairobi, Kenya.

Procurement Specialist/PPP Directorate

IFPPP/PPPD/PS/2023-24

OBJECTIVE OF THE ASSIGNMENT

The main objectives of the Procurement Specialist’s assignment are to provide the requisite procurement advice and support to the PFF Secretariat to enable it carry out its mandate to provide support to the PPP Directorate. The Specialist will assist in establishing the procurement procedures of the PFF Secretariat in accordance with both World Bank and GOK guidelines, preparation of bidding documents, ensuring bidding procedures and evaluation mechanisms are intact, representing the PFF in prequalification and tender evaluation committees. He/she will assist in managing policies for PFF project tendering, evaluation, award and contract management, key procurement processes and systems. Since the IFPPP project is funded through a World Bank credit, it is of importance that the Specialist understands, follows and promotes World Bank procurement guidelines and regulations.

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DUTIES AND RESPONSIBILITIES

The Procurement Specialist is expected to meet the above objective by performing, without limitation, the following tasks:

  •  Be responsible for carrying out procurement functions on behalf of the PPP Directorate, National Treasury and Economic Planning (GoK) in accordance with the procedures specified in the Development Credit Agreement between the Republic of Kenya and the IDA.
  •  Prepare an overall procurement plan for all the goods and services to be purchased under the Project, specifying allocation of tasks and responsibilities at each stage of the procurement process.
  •  Update the Project Procurement Plan regularly and submit it to the World Bank for review and approval.
  •  Ensure that procurement is done in accordance with the provisions of the Development Credit Agreement and with IDA’s Guidelines and regulations for Procurement as well as within the Government of Kenya’s procurement guidelines.
  •  Verify that all proposed purchases are eligible for financing under the Credit and confirm the appropriate method to procure goods and services for each contract.
  •  Assist procuring entities in all aspects of procurement, including preparation of technical specifications (Terms of Reference) for the goods and services, bidding documents, bid advertisements.
  •  Assist the PPP Directorate in: creating of procurement requisitions and orders in the system; receipts of goods and services; progressing of orders after deliveries; taking goods on charge upon receipts; stock and inventory control and updating stock control cards; monitoring reordering levels; secretariat to procurement and disposal committees; stores management (safety, security, and cleanliness; participating in surveys to identify obsolete, surplus and unserviceable items; carrying out continuous stock checking and periodic market surveying for common user items; issuing goods to users and user departments and carrying out IFMIS responsibilities as assigned.
  •  Assemble Committees with the participation of representatives from the PPP Directorate and procuring entities for the opening and evaluation of bids for purchase of goods and services, expressions of interest and requests for proposals, as well as contract negotiations and awards.
  •  Prepare evaluation reports, contract negotiation minutes, draft contracts, etc.
  •  Monitor and supervise the contract implementation, including issues of claims and disputes, compensation events, etc.
  •  Ensure the publication of bid notices, request for expression of interests and award notices in the national market and UNDB. Ensure the timely execution of contracts for consultants’ services and the purchase of goods and equipment and supervise the implementation of contracts including pre-shipment inspections (including any test, if necessary), inland transportation, delivery, acceptance and storage.
  •  Verify payments due under procurement contracts and help prepare applications for withdrawals from the Credit.
  •  Prepare and submit quarterly and annual progress reports on status of procurement under the Project for inclusion in the Project Implementation progress reports.
  •  Ensure proper documentation and filing system.
  •  Participate in procurement training courses, if necessary, and ensure that staff adopt and adhere` to any relevant changes in procurement procedures and guidelines, introduced by the GoK and/or the World Bank.
  •  Identify indicators of fraud, collusion and other unethical practices in procurement/selection process.
  •  Ensure procurement, contract management and related complaints are properly handled.
  •  Any other duties assigned by the Director General, PPP.

SELECTION CRITERIA

  •  A bachelor’s degree in Purchasing and Supplies Management or any equivalent qualification from a university recognized in Kenya. Post graduate studies and/or relevant professional qualifications will be an added advantage.
  •  Served for a minimum period of six (6) years working experience in public procurement, in a comparable and relevant position in the public service in projects financed by the World Bank and international financial organizations.
  •  Professional certification in procurement and supplies management such as CIPS, CSCP and CPSP-K.
  •  Membership to Kenya Institute of Supplies Management.
  •  A thorough understanding of relevant legislation, best practices and emerging issues in supply chain management as well as World Bank procurement and financial management guidelines.
  •  Excellentspoken and written English.
  •  Knowledge of international organizations/agencies’ and GoK public procurement regulations and procedures.
  •  Specialized training on procurement in line with the World Bank rules would be an advantage.
  •  Computer proficiency (Windows, MS Office, MS Project, and other relevant software packages).
  •  Ability to communicate effectively, prepare, negotiate, analyze, elaborate and present reports.
  •  Ability to work effectively in a multi-disciplinary team.

DATA, LOCAL SERVICES AND FACILITIES TO BE PROVIDED BY CLIENT

  • The PPP Directorate of the National Treasury, Kenya will provide full office accommodation in Nairobi, Kenya.

HOW TO APPLY

Find the revised Terms of Reference for Director, Legals services on the following website: www. treasury.go.ke; or www.pppunit.go.ke

Closing date: The deadline for the applications will be on 26th January, 2024.

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  • Director Legal Services (Re advertisement) Ref No.IFPPP/PPPD/DL/2023-24
  • Procurement Specialist (Re advertisement) Ref No.IFPPP/PPPD/PS/2023-24
  • Extension of submission of application has been extended by 2 weeks.
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