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The Procurement and Fiduciary Services Department reports to the Vice President, ORVP. The Department supports the Sector Departments mainly in project cycle activities and monitors compliance. In addition, it is responsible for engaging in developing and maintaining procurement and
financial management policies, rules guidelines, manuals and statistics. It maintains the Bank’s database for consultants. It is also expected to engage in analytical and diagnostic work, in respect of procurement and financial management on the continent, to review procurement and financial management capacities in the regional member countries and to suggest measures for capacity improvement. The Department is further mandated to provide training to Borrowers and to Bank staff on procurement and financial management issues. Finally, it is also required to review the responses and actions proposed by Bank staff with respect to complaints made by dissatisfied Consultants, Contractors and Suppliers, as well as Borrowers and other clients, as regards procurement under Bank Group funded projects, and to give objective and unbiased advice to the Procurement Review Committee.Duties and responsibilities
The ORPF staff members that are responsible for policy matters shall report to the Director, ORPF. They shall be responsible for the formulation of policies on procurement and financial management, development and revision of rules and procedures, guidelines, training materials and the compilation and revision of standard bidding documents for use by Borrowers. They also participate in the preparation, review and clearing of Country Procurement Assessment Reports (CPARs), Country Financial Accountability Assessment (CFAA) and other ESW work.
The role and responsibilities of the Chief Legal Counsel (Fiduciary Services) are to provide advice on all legal issues related to Procurement and Financial Management matters, on policies and in Bank-financed operations, and on public Procurement and FM institutional and regulatory frameworks, in regional member countries.
The position requires playing a leading role in the
- Legal, policy and fiduciary aspects of Procurement and Financial Management in the overall projects portfolio, and
- Legal support and sound management of the portfolio in the area of procurement and financial management. The Chief Legal Counsel (CLC) will supervise and provide guidance on the legal implications of procurement activities to ensure that these are undertaken under Bank Group-financed projects and programmes, within the framework of the Bank’s policies and guidelines. The CLC will have the responsibility for ensuring consistency with national and international Laws and Bank Group policies of procurement interventions in the Bank’s Portfolio.
The CLC would work under the administrative supervision of the Director ORPF, while reporting technically to the General Counsel.
In addition to providing legal advice and support to ORPF on Procurement and Financial Management policy, the CLC shall carry out the following tas
- Assist other staff involved in policy work in the preparation and revision of guidelines, standard bidding documents, and related materials;
- Participate in, reviews and clears Country Procurement Assessment Reports (CPARs), CFAA and other ESW work for legal sufficiency and assists Borrowers in reforming their procurement systems;
- Review and prepare replies to procurement complaints submitted on legal grounds;
- Deliver or participate in legal procurement training to Bank staff (departmental and Bank-wide) and capacity building activities intended for client countries; design teaching modules; and conduct workshops on current issues.
- Provide timely on-line support to all members of the Procurement Network
- Support the professional activities of the Procurement Review Committee and serves as secretary to the PRC;
- Clear Terms of Reference and selection of legal consultants for all procurement and Financial Management related legal assignments financed by the Bank;
- Represents the Bank at international conferences and specialized expert groups on legal procurement issues (e.g; UNCITRAL)
- Represent the Department on issues in collaboration with GECL and OAGL such as reviewing allegations of fraud and corruption.
- Deliver presentations inside and outside the Bank to professional and business groups in order to broadly disseminate the Banks legal rules, policies and best practices in the field of public procurement.
- Interact frequently with counterparts in various client and/or partner entities (e.g. Procurement Staff and Sector Board and Management), and ensures coordination and consistency between the ORPF and GECL on procurement matters.
Selection Criteria
Including desirable skills, knowledge and experience
- At least a Master’s degree in Law, with a major in a relevant discipline. Any additional qualifications in procurement related areas such as Engineering, Architecture, Procurement, Management, Commerce or related field will be an added factor.
- At least 7 years of relevant and progressive experience in the formulation and implementation of procurement-legal policies, programmes and projects in African or other developing countries.
- Good leadership qualities to ensure quality/compliance of the policies and procedures relating to procurement as well as rigorous analytical skills.
- Demonstrated ability as regards working harmoniously in a multidisciplinary team, in exercising good judgment in decision making and in the management of relations with operations staff and procurement specialists as well as good time management and networking skills. The level and quality of these skills will be a determinant factor in the selection, and references will be given serious consideration.
- Extensive experience on Bank’s institutional rules and regulations, including operational policies is desirable.
- Proven familiarity with and experience in the practice of the legal aspects of the procurement of goods and works and the acquisition of consultancy services under donor funding conditions is also desirable.
- Competence in the use of Bank standard software (Word, Excel, Access, MS Projects and PowerPoint); knowledge of SAP desirable.
- Ability to communicate and write effectively in French and/or English, with a good working knowledge of the other language.
Document download
Chief Legal Counsel (Procurement & Fiduciary Services) (56 KB)
- Submitted by: Benson M. MAINA, Ag. Division Manager CHRM.1
- Approved by: Gemina ARCHER-DAVIES, Director, CHRM
Only applicants who fully meet the Bank's requirements and are being considered for interview will be contacted. Applicants will only be considered if they submit (preferably electronically, to: ) a fully completed Personal History Form (PHF), available from the Bank’s web site, and attach a comprehensive Curriculum Vitae (CV) indicating date of birth and nationality. The President, ADB, reserves the right to appoint a candidate at a lower level. The African Development Bank is an equal opportunities employer and female candidates are strongly encouraged to apply.
- Position title: Chief Legal Counsel (Procurement & Fiduciary Services)
- Grade: PL-3
- Position N°: NA
- Reference: ADB/10/060
- Closing date: 07/06/2010
