AFRICAN DEVELOPMENT BANK

REQUEST FOR PROPOSALS

(CONSULTING SERVICES)

LEGAL CONSULTANT

TO SUPPORT AFRICA INVESTMENT FORUM (AIF) ACTIVITIES

 

 

  1. The African Development Bank (the “Bank”) hereby invites Individual Consultants to submit their proposals in respect of the following consultancy assignment : “Selection of Legal Consultant to support Africa Investment Forum activities – The General Counsel and Legal Services Department (PGCL)”. NB : to participate in this request for proposals you need to be a national of one of AfDB Member Countries (https://www.afdb.org/en/about-us/corporate-information/members/) ;
  1. The General Counsel and Legal Services Department provides legal services to the statutory organs of the African Development Bank Group. In addition, the Legal Department provides legal advice on the administration, operations and financial activities of the Bank. The Legal Department also ensures that the Bank’s activities and operations are consistent with the constitutive documents and other legal instruments of the Bank, its policies, the relevant norms and principles of international and commercial law, as well as the best practices of international development banking ;
  1. The Africa Investment Forum (AIF) is Africa’s investment market place – a multi-stakeholder, multi-disciplinary platform dedicated to advancing projects to bankable stages, raising capital, and accelerating the financial closure of deals. It was established by the Bank and seven founding partners in 2018. The Africa Investment Forum convenes investors interested in Africa, African investors, enterprises with concrete investment needs, and selected government leaders to work out ways to boost private sector investments in Africa. The AIF aims to reduce intermediation costs, improve the quality of project information and documentation, and increase active and productive engagements between African governments and the private sector as well as between investors and project sponsors. The AIF offers investors access to a structured platform offering bankable, de-risked projects within an enabling environment ;
  1. The Legal Department looking to engage the services of a legal consultant who will work under the direct supervision of the General Counsel or lawyers that the General Counsel may designate from time to time. The consultant will perform, the following activities in connection with the work program of the Africa Investment Forum :
  • Providing general legal advice to the Management and staff of the Africa Investment Forum Department ;
  • Drafting and/or reviewing, negotiating and finalizing legal documentation applicable to the Africa Investment Forum including (without limitation) partnership agreements, sponsorship agreements, participation agreements, mandate letters, non-disclosure agreements, contracts with vendors providing services to the Africa Investment Forum (i.e. event management companies, digital platform managers, hotels and other suppliers) ;
  • Drafting and/or reviewing, negotiating and finalizing the memorandum of understanding or host country agreement between the Bank and any country that has been selected to host the Africa Investment Forum market days. The Republic of South Africa is the host country for the time being ;
  • Conducting legal due diligence on proposed transactions that are onboarded by the Africa Investment Forum including the review of, among others, project documents (e.g. development or construction contracts, supply agreements, concession agreements, joint-venture agreements etc.) and constitutive documents of proposed borrowers/project companies and funds (e.g. corporate documents.) and any other applicable legal and regulatory documentation ;
  • Provide legal support on transaction structures to ensure robust legal structuring that supports the development of a strong pipeline of bankable deals to bring forward to market ;
  • Provide legal support towards Market sounding to potential investors. Work closely with investment officers and transaction advisory officers around the legal elements related to the AIF Investors blast and other mediums ;
  • Demonstrate practical knowledge of Transaction Advisory services and engagement process from a legal perspective, including carrying out bankability assessment from a legal and regulatory perspective and identifying bankability gaps ;
  • Demonstrate extensive legal experience and knowledge of Public, Private, Partnerships (PPPs) and Private Sector transactions, particularly project finance, and corporate finance, including fund structuring and management in several regions, particularly the African region ;
  • Participating in project appraisal missions and reviewing project concept notes, project appraisal reports and advising as appropriate ;
  • Drafting board resolutions for AIF related activities for presentation to the Board of Directors ;
  • Liaising with external counsel as appropriate ;
  • Undertaking approved travel (missions) in the performance of the foregoing tasks ;
  • Provide legal input in connection with the formulation of policy and guidelines related to AIF operations; and
  • Performing such other assignments and duties in furtherance of AIF’s mandate as may be assigned by the General Counsel and lawyers) designated by the latter.
  1. The Bank hereby invites Individual Consultants interested in applying for the consultancy to submit their proposals pursuant to paragraph 12 below. Proposals must mention/ refer to “Selection of Legal consultant to support the Africa Investment Forum (AIF)” and include the following documentation : a short statement commenting on the consulting assignment, stating the consultant’s relevant experience and capacity to perform the services set out therein and confirming her/his availability for a one-year period starting 1 December 2020 (indicatively); and (ii) a detailed Curriculum Vitae (CV) ;
  1. The Consultants should meet the following qualifications and requirements :
  • At least a Master’s degree in Law (or its equivalent), and (ii) admission to the Bar of (or diploma to practice law in) one of the African Development Bank’s Member Countries. A Juris Doctor (JD) shall be accepted in-lieu of a Master’s degree ;
  • At least 7 years of relevant professional experience with an established international law firm or an international financial institution with proven technical competence and experience in execute the services aforementioned ;
  • Capacity to conceive and supervise the negotiation of complex legal documents in a manner and form that balances the standards and norms of outside parties with the unique requirements of the Bank ;
  • Excellent negotiation skills ;
  • Ability to manage multiple, simultaneous and shifting demands, priorities and tight deadlines ;
  • Possess a versatile multi-disciplinary skills-set given that the role is generalist in nature ;
  • An ability to work in a multi-cultural environment and effective communication, team building, inter-personal, writing and analytical skills ;
  • Ability to communicate, write and work in either English or French. A working knowledge of the other language is an added advantage ;
  • Preferably, experience with, or to act on behalf of, multilateral development banks (MDBs) and/or international financial institutions (IFIs) ;
  • Preferably, knowledge of the Region (experience in African countries) ;
  • IT competence in the use of standard software such as MSWord, Power Point, Excel and Internet Explorer.
  1. This Request for Proposals does not constitute in any way an offer or an undertaking by the Bank to retain any consultant who submits a proposal. It is expected that interested consultants shall already be registered or register in the Bank’s database for consultants. The link to the relevant registration is https://www.afdb.org/fr/projects-and-operations/procurement/consultancy-services-e-consultant/.
  1. The estimated duration of the services is six (6) months, indicatively beginning in January 2021; at the discretion of the Bank and based on its needs, the consultancy assignment may be extended for up to six (6) months subject to, among others, satisfactory evaluation of the Consultant’s performance, budget availability etc. ;
  1. The consultancy will take place in Abidjan, Côte d’Ivoire and will require regular full-time presence in the Bank’s offices. The Consultant shall take steps to obtain the visas or certificates of residence required to perform his/her duties and fulfill his/her obligations under the consultancy agreement. the Bank will assist the Consultant in these tasks whenever necessary ;
  1. The Consultant will receive a monthly lump sum commensurate with his/her experience; no additional benefits will be paid. The Consultant is responsible for her/his own health insurance as well as medical and accommodation costs during the consultancy. The Bank will cover full costs of any required traveling accordance with its rules governing consultant mission travel ;
  1. The proposals submitted shall be evaluated on the basis of the following criteria :
  • General academic qualifications (20%) ;
  • Relevant experience in the specific assignment described in the TOR (45%) ;
  • Ability to work in both English and French languages (10%) ;
  • Experience for, with, or on behalf of, multilateral development banks (MDBs) and/or international financial institutions, (15%) ;
  • Knowledge and experience of the region (Africa) (5%) ;
  • Familiarity with basic office computer software (5%).

Only proposals scoring seventy (70) points or above shall be considered for this assignment.

  1. Proposals must be sent via e-mail and received by the Bank by no later than 30 November 2020, 17:00 hours, Abidjan time, to the attention of Mr. Souley AMADOU, Ag. General Counsel & Division Manager ([email protected]), copy to , Mr. Alessandro ANASTASI Chief Legal Counsel ([email protected]), Mr. Pointer CHINYERERE, Principal Legal Counsel ([email protected]), Ms. Caterina MATTIOLI, Senior Legal Counsel ([email protected]) and Mrs. Larissa KONAN-KIM ([email protected]), and mention “Selection of Legal Consultant to support the Africa Investment Forum (AIF)”.

Note : Consultants must register at http://dacon.afdb.org/dacon before submitting their CV to be considered for the shortlist.