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Request for Proposals
Legal Services – Senegal (RFP/001/LS/2024)

Date of Publication: February 16, 2024

Published By: World Council of Credit Unions, Inc.

Deadline to Submit Questions: February 28, 2024, 5:00 P.M., Greenwich Mean Time (GMT)

Submit Questions and Proposal: consult@woccu.org

Deadline to Submit Proposals: First submissions due March 8, 2024; no later than 5:00 P.M., Greenwich Mean Time (GMT), with additional submissions reviewed on a rolling basis for pending necessities

Submit Proposals to: consult@woccu.org

Background

World Council of Credit Unions, Inc. (WOCCU) is the global trade association and development platform for credit unions, headquartered in the United States (US). WOCCU promotes the sustainable development of credit unions and other financial cooperatives around the world to empower people through access to high quality and affordable financial services. Our donor-funded technical assistance programs focus on an array of key areas, including building the institutional capacity of credit unions, incorporating digital solutions to expand financial inclusion, increasing access to finance for agricultural producers and micro, small and medium enterprises, strengthening new and existing entrepreneurs, facilitating access to employment, and promoting legal and regulatory reform.

In Senegal, WOCCU is currently implementing a USAID funded five-year (2018-2023) Cooperative Development Program (CDP) named, Accelerating Growth and Inclusion in Lending for Credit Unions (AGIL4CU). The project's overall goal is to strengthen Credit Union (CU) capacity and improve the enabling environment. Specifically, the AGIL4CU project objectives are to improve CU governance and technical capacity, improve CU gender and youth equity, broaden access to innovative financial services, and enhance CU learning.

The project is being implemented by WOCCU in partnership with a national credit union network, Partenariat pour la Mobilisation de l’Epargne et le Crédit Au Sénégal (PAMECAS).

The project is targeting up to 10 credit union network members to scale their lending to micro, small, and medium enterprises (MSMEs), identify and adopt digital lending solutions, adopt gender lens frameworks to improve products and services for women, and adopt or expand green financing.

Location: Senegal

Summary

WOCCU is seeking legal and taxation services and guidance on an as-needed basis under a one-year, renewable agreement(s) to support WOCCU in the management of a Senegal representative office, effectively implement the AGIL4CU Project, and deal with other legal issues that might arise while managing these kinds of services.

Scope of Work (SOW)

Legal services and guidance are anticipated in areas to include but are not limited to:

Support of project operations in country to include but not limited to services and guidance on the following topics (see Annex A for list of illustrative questions):

    • Company operations, NGO registration, and general entity regulation laws
    • Visa processing / expatriate and local based-US paid employee requirements
  • Start-up legal oversight
    • Legal opinion
    • Recommendations: internal or external notary services
    • Liaise and coordinate registration lifecycle
  • Ongoing legal services and guidance related to:
    • Powers of Attorney
    • Labor and Contract law
    • Tax law
    • Other areas of legal expertise, as needs arise

Immediate availability. Typical response time within 24-48 hours of request(s) being sent by WOCCU. Candidate should be available to receive calls, address inquiries, and participate in meetings in established time zone and U.S. Eastern Standard Time (EST).

Period of Performance

The services agreement will be eligible for up to 12 months, with potential for annual renewal.

Qualifications

Interested candidates should be able to express the following through their application:

  • Experience in supporting US-based organizations in start-up and/or ongoing management of multi-year donor-funded projects in country, experience through close-out highly desired
  • Experience in advising organizations implementing projects funded by international donors, especially USAID
  • Minimum 10 years of experience in legal services and activities, working with Ministry of Foreign Affairs, Senegal local and national governmental, registration, and permit offices, business registration service, micro and small enterprises authority and Senegal equivalencies for lawful employment, work, and rules and regulations.
  • Significant ability to analyze and advise on tax status and/or manage legal issues related to taxation.
  • Research, interpret, and draft legal opinions to advise judicial, state and/or federal US based entities, including but not limited to risk mitigation, best practices Senegal vs. U.S., rules and regulations, executive summaries, and general expertise scenarios for decision making
  • Fully bilingual English and French language. Ability to communicate well in both languages
  • Current registration to operate as practicing lawyer/attorney/advocate
  • Current membership with the Law Society of Senegal.

Selection Criteria

Selection will be made on a best value against qualifications met basis. Executive summary is the opportunity to establish justification for any applicable missed qualifications or SOW expertise.

This solicitation is open for individual bidders, established firms or agencies, or the like. All bidders should anticipate providing proof of capacity for this scope of work – an ability to provide quality work products, answers to questions outlined in Annex A, and potential specialized/situational questions as they arise during the selection and interview process. 

Submission Requirements

Qualified candidates must submit the following information in English. Only applications addressing all SOW requirements and qualifications will be considered complete for review:

  1. Executive summary detailing relevant work experience and portfolio of clients served.
  2. Business overview, organization chart (as applicable), and resume(s) for proposed lawyer(s).
  3. Business registration and/or credential memberships.
  4. Proposed registration lifecycle – including but not limited to initial recommendations, timeline, and applicable visuals of process and options (and all associated fees).
  5. Proposed rate schedule, best and final offer, indicated in hourly or daily format. Unless explicitly noted within the proposed rate schedule, WOCCU will assume that the cost of materials and other incidentals is included within the proposed rate.

Should an application be selected for consideration, WOCCU will request contact information for 2-3 references.

Submission Instructions

Application materials should be submitted via email with the subject line “RFP/001/LS/2024” to consult@woccu.org. Bidders must include all relevant materials within your proposal. Failure to do so may result in the disqualification of your proposal. Should you have any questions, please feel free to contact consult@woccu.org.

Deadline to submit application: March 08, 2024, no later than 5:00 P.M., Greenwich Mean Time (GMT), with additional submissions reviewed on a rolling basis for pending necessities.

Disclaimer

This bid solicitation in no way obligates World Council of Credit Unions, Inc. to award a contract, nor does it commit World Council of Credit Unions, Inc. to pay any costs incurred in the preparation and submission of the application. World Council of Credit Unions, Inc. reserves the right to vary any part of this bid solicitation at the time of award if it becomes necessary. World Council of Credit Unions, Inc. may cancel this solicitation or may reject any and all responses received. The issuance of this solicitation does not constitute award commitment by the World Council of Credit Unions, Inc. 

ANNEX A

The use of “firm” is for inclusivity and should be applied for individuals or established firms with multiple team members.

 Registration

  • What documentation is required for registration? How long of a process is this typically for NGOs?
  • Best practices for decision making on types of registration for purposes of project office and its intended functions?
  • What is the typical budget requirements for registration processing, management, and then potentially closing or lower registration status’?
  • After the project has ended, is it advisable to suspend registration or to de-register? Why?

Employee Relations

  • Please explain which benefits labor law requires be included in employment contracts?
  • How much notice is required to terminate employee contracts?
  • Can employees be fired for any reason, including project downsizing or poor performance, or can they only be fired for cause? If the latter, what constitutes cause?
  • Are there specific rules and/or policies that you would advise be included in an employee handbook?
  • Must WOCCU require employees under medical examination?
  • Does your firm have experience drafting employment contracts that comply with local labor laws?
  • Can your firm provide input to Employee Manuals and Office Policies guiding employment standards?

Taxes

  • What are WOCCU’s tax liabilities beyond employee payroll deductions? What is the single social contribution tax and at what point during the project is it paid by WOCCU?
  • What is the VAT registration status requirement for WOCCU operations in Kenya?
  • What importation taxes would WOCCU pay to import goods into the country?

Banking

  • Is WOCCU required by local laws to keep original receipts within country throughout the duration of the project or can they be shipped to HQ in the US monthly?
  • Does your firm have experience in life cycle project banking – including setting up bank accounts, best practices for signing authorities, global management of account(s), closing accounts, and the like?

Visas and expatriate considerations

  • Are work permits required with the long-term visa for family/spouse in order to work in Senegal? If so, what does that process require? How long would the process take to secure a long-term visa for expat employee and families? For how long would that visa be valid and is it renewable? Can your firm assist in the visa process as necessary?
  • Will the expatriate be subject to the local jurisdiction’s labor laws, taxation, benefits, or other employment matters particular to the country? If so, what are the necessary steps to take to ensure compliance?

Other       

  • Based on your expertise, what laws must WOCCU keep in mind as it undertakes a search to lease commercial office space?
  • Can you assist in reviewing office lease documents?
  • If an employee chooses to purchase a vehicle in country, would that process be burdensome? If so, what steps must be taken? Is it easy to obtain international license plates?