Legal Services Policies and Procedures Manual Development

Legal Services Policies and Procedures Manual Development

Closing on: Tuesday, March 24, 2020 - 16:00 SI - Honiara CitySouth Pacific Posted on: Mon, 03/09/2020 - 12:05

Tender Details

SOLOMON ISLANDS NATIONAL PROVIDENT FUND

Terms of Reference for External
Legal Services Policies and Procedures Manual Development

Background – Solomon Islands National Provident Fund

The Solomon Islands National Provident Fund (SINPF) was established by the Solomon Islands Government under the National Provident Fund Act 1973 commencing its full operations on the 1st day of October 1976 as a mandatory superannuation saving scheme, focusing primarily on formal employees.

SINPF is classified as a defined contribution fund. Members are mandated to contribute a minimum of 5% and a multiple of 10% on voluntary basis with a minimum statutory guarantee crediting rate of 2.5% to members’ contribution. In addition to employee mandatory contribution, employers must contribute 7.5% on behalf of its employees totaling to a 12.5% monthly.

In 2003,NPF was deemed a financial institution under the Financial Institutions Act (FIA) and subject to prudential reviews by the Central Bank of Solomon Islands (CBSI), as all other licensed financial institutions in the country are. Currently, the Solomon Islands government together with SINPF are working towards having a legal framework that wouldincorporateCBSIastheregulatorandsupervisorofSINPF.Tothiseffect,relevant processes are currently being progressed ensuring that a bill is brought to Parliament to eventually replace the existing 1973Act.

In November 2018, minor amendments were made to the SINPF Act that included changing the crediting date to when the accounts are audited but no later than 30 September, inclusion of retirement benefit for the informal sector and amending annual premium for the special death benefit.

To embrace the adoption of best practices within the organisation and to allow greater transparency and assurance to the Trustees and external agencies like the regulator, Management is embarking on review on a number of its governance processes. In that respect,anengagementofanindependentexternalconsultantwithwideexperienceand expertise in this particular field is sought to provide technical support as outlines within this terms of reference(TOR).

1.    Objective

       To develop a comprehensive Policy & Procedures Manual for the Legal Services Department of SINPF ensuring that the department is aligned:

  1. with the overall aims and objectives of theorganization;

  2. with the overall governance processes and procedures ofthe organization;with the overall policies and procedures of the organization;

      c. with the overall policies and procedures of theorganization;

      d. with the relevant policies and procedures of other departments of the organization;and

      e. with the best legal practices and standards in the superannuationindustry.

2.    Scope of Work

Legal Services management and staff will be working in partnership with the external consultant during the duration of the process of developing the policies and procedures manual. Primarily the scope will revolve around ensuring that SINPF’s current governance process and other best practices are captured within the policies and procedures manual.

The external consultant is expected to undertake the following services in the process of formulating the policies and procedures manual but not limited to and not necessarily in this order:

  1. Review existing (if any) and develop general legal policies, processes and procedures including legal tools, approaches andtemplates;
  2. Review existing (if any) and develop prosecution and litigationpolicies, processes andprocedures;
  3. Review existing (if any) and develop legal advice/opinion policies, processes andprocedures;
  4. Review existing (if any) and develop contract policies, processesand procedures;
  5. Review existing (if any) and develop staffing and other humanresources requirements; and
  6. Any other prudent best practices and standards for the effective and efficient function of the Legal ServicesDepartment.

A data room will be provided to the successful external consultant as a reference point fortheworkundertakenincludingtheavailabilityofSINPFBoard,Managementteamand other staffs needed forconsultation.

3.    Stakeholders Consultancy and methods

The Consultant shall work in close collaboration with the Management and/or Board if required. The focal person during the consultation period shall be the Manager Legal Services.

4.   Consultancy Deliverables

The Consultant shall communicate the project’s outputs to Management and comply to the following milestones.

Phase 1: Assessment Phase

Output/Deliverable

Approval

Timeline

1. Research and Consultations to assess current situation.

Draft    Assessment            Findings Report                 and

recommendations.

 

 

3 weeks

Phase 2: Design Phase

Output/Deliverable

Approval

Timeline

 

2. Develop the draft Legal Services Policy and Procedure Manual.

 

First Draft Policy produced

 

 

4 weeks

3. Draft Policy and Procedure Manual.

Second Draft Policy after internal consultations

 

1 week

Phase 3: Final Phase

Output/Deliverable

Approval

Timeline

4. Final draft is released.

Presentation of review report and draft policy to Management through Legal Services Department

 

 

1 week

 

Submission must be in a report and draft policy structure format for management adoption with all relevant annexures.

5.     Budget

The consultant must provide a detailed itemized costing for the scope of work and deliverables as describe under item (2) and (4) above. Costs must be broken down into professional hourly fees and other out of pocket expenses inclusive of tax.

6.   Timeframe

The consultant is expected to deliver the products within the prescribed timelines set under item (4) above.

7.   Required qualifications, skills and experience

Applicants from interested and reputable individuals/firm must provide evidence of relevant technical capacity to undertake this engagement and recent listing of jobs of similarnatureperformedbytheconsultant/firm.Theconsultant(s)mustbeabletodeliver within the specified timeframe. Specific requirementsinclude:

  • At least 5 years’ experience in policy review and development preferably inlegal services policy and consultingservices;
  • Recent working experience in Superfunds or similarorganisations;
  • Extensive experience in legal policy reviews anddevelopment;
  • Strong knowledge in policy, governance processes andmanagement;
  • Strong report writing skills & policy statement writing skills with ability to present and disseminate findings to relevantauthority;
  • Demonstrated experience to deliver outcomes within expectedtimeframes;
  • Individual/Core team members’ curriculum vitae(CVs).

8.       Selection criteria for the firm and application details

Technical proposal 70%

Financial proposal 30%

9.     References

Aspartofthedocumentsforsubmission,theconsultantorfirmisrequiredtoprovideand submit with the proposal two (2) recent references from customers or clients providing a brief overview of the consultant or firm’s performance in whatever project he/she did for such customer orclient.

10.   Consultant Contact Point

For further information on the proposed engagement, queries are to be forwarded to ManagerLegalServices,Mr.StanleyJ.Hanu,SolomonIslandsNationalProvidentFund,

P.O Box 619, Honiara, Phone: +677 21659, email: shanu@sinpf.org.sb.

Application Instructions

"See above"