(+267) 3957672
REQUEST FOR PROPOSAL (RFP) FOR THE PROVISION OF LEGAL SERVICES
1. BACKGROUND
Gambling Authority (GA) is astatutorybody,established under the Gambling Act No 7 of, 2012. This piece of legislation has replaced the Lotteries and Betting Act [CAP 19;02] and Casino Act [CAP 19;01] which governed thenow defunct Casino Control Board.
The mandate of the GA is to:
a) regulate the gambling industry in Botswana;
b) to ensure fair and safe gambling in Botswana and compliance with license conditions and
c) Issue, gambling licenses for betting, bingo, casino, bookmaker Lotteries and Totalisator.
Furthermore, the Authority verifies the information contained in the license applications, considers license transfers, designate the location for Casinos and approve the areas for gambling establishments throughout the country.
2. REQUIREMENTS
2.1 The GA would like to invite reputable Law firms/lawyersqualified to practise law in Botswana as required by the Legal Practitioners Act Cap 61:01 and the Law Society of Botswana Regulations. Membership in good standing with the Law Society is essential.
2.2 Applicants should have a vast knowledge in the following areas of law:
2.2.1 Gambling Law;
2.2.2 Labour Law;
2.2.3 Contract law;
2.2.4 Debt collection;
2.2.5 Mergers and Acquisition;
2.2.6 Company law/Commercial law;
2.2.7 Legislative drafting and
2.2.8 Litigation.
3. DOCUMENTS TO BE ATTACHED
3.1 Please attach the documents listed below when making your submissions:
3.1.1 Audit Report -Trust Account(Latest);
3.1.2 Current Practicing Certificate(for all Attorneys in the Firm)
3.1.3 Fidelity Certificates; and
3.1.4 Law firm profile.
4. DISCLAIMER
4.1 Kindly note that this RFP is not a contract or a financial obligation on the GA to the firms that express interest nor shall the GA be responsible for any cost incurred by the applicant in the preparation or submission of any proposal or to procure or contract for any services.
4.2 GA reserves the right to accept or reject any and all proposals, to revise the RFP, to request one or more re-submissions or clarification from one or more applicants, or to cancel the process in part or whole. No proposals after the submission and closing date will be accepted.
4.3 GA will select the panel on the basis of the most economically advantageous proposal/quote but reserves the right not to appoint the lowest or any applicant.
5. LOBBYING
No lobbying shall be permitted with the Board or employees of the Authority and any such occurrence shall result in immediate disqualification.
6. CLOSING DATE FOR SUBMISSION:
Submissions must be emailed to legal@gamblingauthority.co.bw by the 15th July 2016.Submissions received after the closing date and time will NOT be considered. Furthermore, hand delivered, telephonic, telex or facsimile submissions will also not be considered.
7. EVALUATION CRITERIA
7.1 COMPLIANCE STAGE
The purpose of the proposal evaluation is to carry out an equitable comparison of the proposals and to identify proposals which meet the specified technic requirements.
To be complaint, the law firm must provide the following;
7.1.1 Structure of organization and key personnel;
7.1.2 Description of quality control procedures used for monitoring work done by attorneys within the law firm;
7.1.3 Value added services;
7.1.4 The nature of assistance that you would require from GA to enable you to carry out legal services efficiently; and
7.1.5 Description of your firm’s business continuity plan.
The RFP response must be fully compliant. Failure to satisfy any of the criteria as stated above shall result in disqualification from further evaluation.
7.2 TECHNICAL AND FINANCIAL STAGE
Proposals should be concise, to the point and address all key issues raised in this RFP. The strength of the organization, approach and resources proposed will be key determining factors for selection. The secondary stage of evaluation places the proposals in an order of merit, where both technical and financial aspects will be considered, including, but not limited to:
7.2.1 Competitiveness of fees;
7.2.2 Experience/knowledge and expertise in the stipulated service areas;
7.2.3 Evidence showing that the legal practitioner can provide appropriately skilled resources to continue providing the required service diligently and professionally;
7.2.4 Assessment of any additional qualifications that may be introduced by a law firm that would be beneficial to GA; and
7.2.5 Relevant industry specific experience and technical expertise.
8. MANAGEMENT OF THE CONTRACT
The successful firm shall designate an Attorney who shall manage the account and liaise with the nominated representative from the Gambling Authority. She/he shall be available at all times to receive and implement orders or special instructions from the nominated representative concerning the services provided.
9. ENQUIRIES
Any enquiries relating to this RFP should be done in writing and directed to Ms KgomotsoHule or Ms. Legae Leon who may be contacted on telephone: 3957672 or fax: 3182585 or email: kghule@gamblingauthority.co.bw or lleon@gamblingauthority.co.bw on or before 15th July 2016.
10. WITHDRAWAL OF PROPOSAL
Any applicant wishing to withdrawal its proposal shall, in writing, notify GA of the withdrawal, and the withdrawal letter shall be authorised and submitted in the same way as the proposal.