Consultant (Legal Adviser)

Terms of References (ToRs) for 

Contracting a Consultant (Legal Adviser) for SEC within 

Agri- Processing  Development in Palestine – Supporting SMEs and Entrepreneurs for Youth  

1.0 Background: 

Small Enterprise Center (SEC) Association is a Palestinian non-profit organization that started in 2002 as a project within the framework of a former GIZ Private Sector Development  Program. In 2008, SEC has been officially registered as an independent non-profit organization governed by the Palestinian Law of Charitable Associations and Community Organizations No.1 for the year 2000. SEC began with an office in Ramallah and has grown to be a leading national organization serving Palestinian Micro, Small and Medium Enterprises (MSME) and social enterprises (including cooperatives).  Currently SEC is implementing phase-II of the project  “Agro-processing in Palestine -Supporting SMEs and Entrepreneurship for Youth” in partnership with DROSOS FOUNDATION. Under this project scope, SEC seeks assistance from external advisor to complement its team and supplement its resources and expertise. The range of potential advise for SMEs and startups ( 14 entities) includes: assessing the needs of SMEs and startups in certain legal topics, deliver training, and coaching in selected legal topics based on the needs, development of  legal toolkits, and draft legal documents. Building the capacity of SMEs and startups in selected legal areas is considered as a necessary step to support the development of new legal documents aimed at SMEs and startups to help them comply with the legislative framework on trade relations and employment conditions. 

2.0 Purpose:

Most of SMEs are more focused on revenue generation than revenue protection, and tend not to rely on their contract terms when solving complaints.  The decision to get legal advice among businesses in general is most often reactive rather than proactive. Therefore, most often legal advisers became involved when there was a dispute or when something prompted the revision of existing contract terms. In addition, often the existing contract terms had been drafted by the business owners or copied from another business. Finally,  SMEs sometimes used contract term templates provided by some trade associations and the Federation of Small Businesses. There is a need to build the SMEs and startups capacity in certain legal aspects to protect them and protect their future revenue. 

Therefore, SEC and DROSOS FOUCNDATION are seeking offers from suitably qualified resource person/s to assist selected SMEs and startups to build their capacity in certain legal areas. 

The specific objectives of this assignment are: 

1. Enhance knowledge of selected SMEs and startups in certain legal areas: understanding the basics in terms of the following Palestinian laws, rules, and regulations: labor law; company law; trade and employment contracts terms; and the main steps in registration of business, etc.
2. Develop legal documents / templates for SMEs and startups accordingly such as MOUs template, employment contracts, trade contracts / agreement, etc.  

3.0 Scope of work:

The expert will work closely with SEC staff and SMEs and startups to develop the capacity with focus on contracts terms, MOUs, trade agreements, etc. 

1. Assess the current capacity/knowledge of selected SMEs and startups in certain legal areas: understanding the basics associated with running a small business in Palestine in regards to  applicable  Palestinian laws, rules, and regulations: labor law; company law; good practices related trade and employment contracts; and the main steps in registration of business, etc. The assessment will also be mandated to identify the gaps in the applied practices to seek proactive measures that mitigate future legal risks of running a businesses as well as the identification of legal documents to support he daily businesses of targeted SMEs.
2. Design and deliver online training course for SMEs and startups for enhancing their skills and knowledge with regards to the identified legal topics with focus on: labor law; company law; trade and employment contracts terms; and the main steps in registration of business. The training materials will be approved by SEC while the training delivery is envisaged over two days.
3. Develop legal documents / templates for SMEs and startups accordingly such as MOUs template, employment contracts, trade contracts / agreement, etc.  
4. Deliver individual coaching for each SME and start up in selected legal topics based on their needs and to the use of the developed legal documents. One day per each targeted SMEs is envisaged that will be delivered onsite.

4.0 Deliverables: 

The contract will be signed between SEC and startups and the expert(s). The followings are the expected deliverables from the expert/s:

1. Meetings with SEC, startups staff and startups 
2. Develop an activity plan including the methodology and approach for each activity 
3. Develop an assessment report for each SME and start up, including main key issues that are needed to be solved 
4. Power point of the training materials, delivery of two days training and training report.
5. Develop legal documents templates for SMEs and startups including MOUs, employment contracts, trade agreements, etc.
6. Deliver individual coaching sessions based on the identified needs, and report on coaching for each SME and start up including all interventions and services provided 
7. Receive a written approval from each SME and start up that they are satisfied of the consultancy 
8. Develop a final narrative report (English language) 

5.0 Qualifications and Work Experience of the Expert 

It is expected that the expert that will develop the product development shall provide the following expertise:

• An academic degree in law or related discipline 
• At least 5 years’ experience in commercial law and labor law
• At least 3 years of experience in providing such services to SMEs
• Provide list of references for similar assignments 

7.0 Duration of Appointment: 

The expected level of effort of the expert is around 25 working days, within two months’ time are foreseen for developing products from signing the contract. 

8.0 Logistic Support for The Expert by SEC

 SEC will provide information, and documents on participating SMEs and startups. The expert will be responsible for covering the transportation costs, coordinating with SMEs & startups, other costs might occur due to the assignment. 

9.0 Deadlines for Submitting CVs and Technical and Financial Offers

The deadline for submitting CVs, and Technical and Financial offers by latest Dec. 30, 2020 at 16:00 PM. 

Kindly send the offers to SEC email:  [email protected]