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PROCUREMENT OF LEGAL SERVICES

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Re: PROCUREMENT OF LEGAL SERVICES

Post  fmwalongo on Thu Mar 03, 2011 2:05 pm

Well, the Office of Attorneys General ( Discharge of Duties) Act applies to Ministries and Government departments such as PCCB but does not apply to autonomous procurement entities with the common seal and the power to sue and being sued such as TANESCO, USDM, Muhimbili Hospital ect. So the requirement to advertise consultancy on legal services is still there. The question of ethics applies to all proffessionals not only lawyers. Advertisement does not contravene ethical standards.

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PROCUREMENT OF LEGAL SERVICES

Post  Jawija on Tue Mar 01, 2011 9:18 pm

RJM,FMwalongo+GadielCM
Iam a new member in this forum, however this topic make me to jion the forum.
I want to clarify why it seems that Legal Service does not much advertised especially under Procuring Entity (PE - according to Public Procuremnt Act No. 21 of 2004 means a public body and any other body, or unit established and mandated by government to carry out public functions).
According to OFFICE OF THE ATTORNEY GENERAL (DISCHARGE OF DUTIES) ACT NO. 4 of 2005 section 20 Procedure of sourcing Consultancy........it states that
(1). The engagement of consultants by any Ministry, Goverment Department or Agency for rendering legal services shall be made after obtaining written approval of the Attorney General in respect of issues that require consultancy.
(2). For the purpose of observing standards, maintaining quality or capacity building, the Attorney General May;
(a) Direct a law officer, state attorney or any legal officer to whom the provisions of this act apply participate in the work of the consultant,
(b) prescribe the terms and conditions for a law officer, state attorney or any legal officer who participates in consultancy.

The above section causes most of legal service not to be advertised, because most of legal services required by Procuring entity are done under the office of Attorney General, i wonder wether GadielCM knew this by the time he procured legal expert in his PE.
Thanks.





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Re: PROCUREMENT OF LEGAL SERVICES

Post  fmwalongo on Thu Oct 14, 2010 10:09 pm

Surely, ethical issues have to be observed, no discussion about that. Bidding in a particular tender is not advetisement, because that is just a forum to tell the needy that you have the skills to handle the issue at hand. The PE advertises yes but the lawyer who bid do not advertise but they say how they qualify to handle the issue.

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Re: PROCUREMENT OF LEGAL SERVICES

Post  Maduhu on Tue Oct 12, 2010 5:59 pm

It is a good discussion,

but we can just look at the legal service as an independent profession with some ethical standards as how procurement is. Legal professional doesn't require lawyers to market their product packages.

I afraid, may be, competing for winning tenders can be unethical by itself to lawyers.



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Re: PROCUREMENT OF LEGAL SERVICES

Post  fmwalongo on Wed Sep 15, 2010 12:17 pm

Thats very fine but remember the general rule is that every procurement have to be competitive. It only when there are sufficient reasons not to use competitive method, then you can use other methods such as selective. If in your case you are using selective method as an alternative to competitive method then you are very wrong and you are infringing the law.

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PROCUREMENT OF LEGAL SERVICES

Post  GadielCM on Tue Sep 14, 2010 11:19 pm

RJM+FMwalongo,
For your information, I am proud of acquiring the Lawyer for my entity by using selection methods prescribed in GN 98/2005 since 2009/2010 because my office didnt had perment employed legal officer for legal matters on behalf of my entity. And that's why in my submission, I said that Legal Services under Consulatncy Services.May I call up other entities not be afraid as you said to employ the lawyers through the public procurement Act.

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Re: PROCUREMENT OF LEGAL SERVICES

Post  fmwalongo on Tue Sep 14, 2010 7:30 pm

I agree with you that it is very rare to see advertisment of legal services. Very few procurement entities do advertise. But the general rule is that every procurment has to be competitive, and where there are good reasons other methods of sourcing can be used such as single sourcing, restricted, quotations etc. For me I think the procurement entities should comply to the legal requirement of using competitive tendering where they need to source lawyers. It can also be argued that a great number of procurment entities have employed practising lawyers in which case they rarely seek the services of private lawyers.

The mind set of some accounting officers, whom I know, think that the legal services are so confidential that they should not be sought openly. This mind set is wrong in my opinion. Legal services are like any other services and should be sought openly and competitivel.




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Re: PROCUREMENT OF LEGAL SERVICES

Post  RJM on Tue Sep 14, 2010 12:16 am

FMwalongo, Welcome to the Forum.

FMwalongo, I believe that now it is agreeable that Legal Services fall under Consultancy Services. I still wondering why Legal Services in this country are not advertised like any other services? OR is there any law which prohibit this? What is the practice in the ground?

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Re: PROCUREMENT OF LEGAL SERVICES

Post  fmwalongo on Mon Sep 13, 2010 9:57 pm

Certainly, legal services comes under consultancy and there is no need to reduplicate the rules for the legal field. For instance what is that which has not been addressed on the procurement of legal services which requires rules. Obvious, nothing.

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Re: PROCUREMENT OF LEGAL SERVICES

Post  GadielCM on Fri Dec 11, 2009 5:11 pm

Dear RJM and RSM.

Sorry for delay to contribute on this issue. For me I agree with RSM that Legal services is the Consultancy service category which under GN. 98 of PPA 2004, and because the subject matter is not prominet to many PE's through procurement practise , that's why we think PE' dont or afraid of using PPA 2004 for procurement of Lega Services.

Let me start this. In Strategic Management and Consulting Skills for what I taught, is that Consultant services/ consulting is an advisory service in profesionalism. So Legal service is the service offered by Lawers and alike by advising their clients' against their legal matters regardless been sued or caparcity to sue or in any legal matters encountered by PE.What I know in GN.98, Is the Terms of Reference. The procurement of Legal Services is possible only if the PE can prepare their terms of reference in terms of scope and objectives for what they need to achieve during legal procurement. it includes the tasks or activities need to be undertaken by the legal personlegal firms as an advising or advisory firm for the purpose of handling legal matters when employed.

By this few comments, I submit

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Re: PROCUREMENT OF LEGAL SERVICES

Post  RJM on Thu Oct 08, 2009 4:44 pm

RSM, the Phillipines definition sound much better by categorically mention legal services.

They include Advisory and Review Services - These services consist of the review and the provision of advice on particular projects or problems. These include planning, system and implementation design, financial, fiscal, legal and other professional services, as well as management, production, inspection, testing and quality control. They also include such services as appearances before commissions, boards or other judicial bodies to give evidence or otherwise submit professional opinions - Phillipines.

In view of definitions you have given included the one in PPA Cap 410, I agree with you that legal services are Consultancy Services. Probably we do not need to provide a separate procedures of procurement of legal services other than what is provided in the Regulations but I am not sure whether public institutions are aware that legal services are required to be procured. If they are aware, why are they shying away using PPA and its Regulations.

On the other hand, there is a need of conducting a research to ascertain what is the practice in the ground.

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Re: PROCUREMENT OF LEGAL SERVICES

Post  RSM on Tue Oct 06, 2009 12:16 pm

RJMbishi wrote:It has come to my observation that the Procurement of Legal Services for Public Institutions is not covered under the PPA, Cap 410 and its Regulations. Can someone light the shed; if legal services are consultancy services or not. If yes, why are they not subjected in the similar process for selecting and employing consultants?


RJMbishi

This is one of the long definition I received about Concultancy Services:
consultancy services”

means services of an intellectual and advisory nature provided by firms or individuals using their professional skills to study, design and organise specific projects, advise clients, conduct training or transfer of knowledge- Ghana


means srvice of an intellectual or advisory nature, provided by a practitioner who is skilled and qualified in a particular field or profession and includes, but not limited to, engineering design or supervision, accountancy, auditing, financial services, procurement services, training and capacity building services, management advice, policy studies and advice and assistance with instititutional reforms - Uganda

They include Advisory and Review Services - These services consist of the review and the provision of advice on particular projects or problems. These include planning, system and implementation design, financial, fiscal, legal and other professional services, as well as management, production, inspection, testing and quality control. They also include such services as appearances before commissions, boards or other judicial bodies to give evidence or otherwise submit professional opinions - Phillipines.

Having categorized legal services as consultancy services, do we really need to provide for a separate process of procurement other than what is provided in the Regulations?

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Re: PROCUREMENT OF LEGAL SERVICES

Post  RJM on Fri Oct 02, 2009 7:37 pm

RSM wrote this:

To me Legal services is one of the many professional services. The application of GN. 97 of 2005 also says that the Regulations shall apply to "Consultant services of an intellectual and advisory nature - Section 2(1)(c) of GN. 98)- Are'nt legal services not of intellectual and advisory nature?

RSM, according to the definition, I think dilemma is on the "any field of professional services" as it is not expressly stated that it cover legal services like other professionals and this means that it could be impliedly. If "any field of professional services" implied legal services are included then this should be state clearly like other professionals i.e. Engineering since the practices in the ground do not demonstrate that legal services are treated as consultant services. I believe that legal services are intellectual and advisory nature which should be procured the same way like any other consultant services. The big question is how do government institutions procure legal services?

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Re: PROCUREMENT OF LEGAL SERVICES

Post  RSM on Wed Sep 30, 2009 4:06 pm

RJMbishi wrote:It has come to my observation that the Procurement of Legal Services for Public Institutions is not covered under the PPA, Cap 410 and its Regulations. Can someone light the shed; if legal services are consultancy services or not. If yes, why are they not subjected in the similar process for selecting and employ consultants?

Unfortunately the Law and Regulations do not contain the definistion of consultancy services. But from the definition of a Consultant Which "means a firm, company, corporation, organisation, partnership or individual person engaged in or able to be engaged in the business of providing services in architecture, economics, engineering, surveying or any field of professional services, and which, is according to the context, a potential party or the party to a contract with the procuring entity"

To me Legal services is one of the many professional services. The application of GN. 97 of 2005 also says that the Regulations shall apply to "Consultant services of an intellectual and advisory nature - Section 2(1)(c) of GN. 98)- Are'nt legal services not of intellectual and advisory nature?

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PROCUREMENT OF LEGAL SERVICES

Post  RJM on Thu Sep 24, 2009 5:38 pm

It has come to my observation that the Procurement of Legal Services for Public Institutions is not covered under the PPA, Cap 410 and its Regulations. Can someone light the shed; if legal services are consultancy services or not. If yes, why are they not subjected in the similar process for selecting and employing consultants?


Last edited by RJMbishi on Fri Oct 02, 2009 6:11 pm; edited 1 time in total

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