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Legal Contracts Specialist
| Closing Date | 2024/08/16 |
| Reference Number | DBS240619-1 |
| Job Title | Legal Contracts Specialist |
| Job Grade | 15 |
| Job Type Classification | Contract |
| Location – Town / City | Midrand |
| Location – Province | Gauteng |
| Location – Country | South Africa |
| Job Profile (Downloadable) | Legal Contract Specialist final draft 16 July 2024 (004).docx.pdf (0.62 Mb) – 7/30/2024 10:36:33 AM |
Job Description
The purpose of this position is to ensure legal compliance and provide legal advice and guidance to the Infrastructure Delivery Division.
The Bank has sought to promote economic and social development by mobilising financial and other resources from the national and international private and public sectors for sustainable development projects in South Africa, the SADC region and the whole of the African continent.
Key Responsibilities
1. Strategic Functions
(a) Oversee and ensure compliance to all legislation, particularly in relation to the Construction and
Infrastructure industry
(b) Oversee general regulatory compliance as well as corporate governance.
(c) Consult with other Legal Advisor’s in DBSA Group Legal for support in other specialist law fields
2. Operational Function
(a) Develop a system for preparation of contractual documents, ensuring identification of standard and
critical legal clauses to protect the interest of the DBSA, maintain and review templates as required.
(b) Provide advice on draft tender documentation and motivation to source documentation in support of
Bid Specification Committee to select a commercially sound contracting strategy and applicable
standard form contract.
(c) Provide legal advice and quality control in the drafting of project specific contracts and agreements
between the Infrastructure Delivery Division and individuals, t h i r d parties, professional service
providers; suppliers and contractors.
(d) Advise and provide legal input on contractual matters to management and project team.
(e) Communicate with service providers and the client (in conjunction with relevant Head) on
contractual matters including delays, extension of time, variations, etc., including co-ordination with
other business units.
(f) Provide advice to Bid Evaluation Committee when requested, check and verify appointment or
acceptance letters, performance guarantees and all relevant contract information.
(g) Coordinates the negotiation of contracts.
(h) Oversee compliance to contract award requirements ensuring all conditions are satisfied. This
includes performance guarantees, insurances and other relevant documentation.
(i) Provide advice to the business in respect of contractual matters with specific references to standard
forms of construction contracts- JBCC, GCC, NEC and FIDIC.
(j) Provide guidance and assist in mediating contractual disputes. This includes attending special
meetings with contractors as requested by the Construction Project Manager.
(k) Provide legal input in commenting on contractor claims with regards to construction or professional
services contracts.
(l) Contribute, if required, to the preparation of IDD contractual claims including extensions, prolongation
of cost, acceleration cost and others.
(m) Lead litigation/ adjudication/ arbitration matters and manage external counsel and attorneys,
provide input into selecting counsel and attorneys per matter, manage external legal costs
(n) Ensure that all legal documentation is filed and archived securely.
Key Internal Liaison Relationships
1. Group Executive: IDD
2. Group General Counsel
3. Head: Legal and Contracting
4. All IDD Business Units
5. All DBSA Divisions
6. Overall DBSA management
Key External Liaison Relationships
1. External Service Providers
2. External stakeholders
3. External Client (s)
Expertise & Technical Competencies
1. Bachelor of Laws (LLB)
2. A postgraduate degree or further education in construction management and negotiation are an
added advantage
3. A minimum of 8 years’ experience in legal and contracts management of construction projects in
the built environment.
Skills & Knowledge
1. MS Office proficient, with focus on Word, Excel and Power Point
2. Experience in construction law, procurement law and PFMA
3. Knowledge of the JBCC, NEC, GCC, CIDB, FIDIC and other industry contracts.
4. A keen interest in the delivery of infrastructure
5. Strong intellectual and analytical capability
6. Ability to function under pressurised conditions while identifying and implementing sound legal
solutions that will protect the IDD’s interests.
7. Skills to scrutinise vast amounts of information and identify key points promptly and accurately
8. A commercial, pragmatic and approachable outlook
9. Expertise in adjudications and arbitrations are considered an advantage
10. Understanding of government priorities, systems and processes
11. Understanding of stakeholder and brand management
12. Strong verbal and written communication skills as well as effective negotiation skills
13. Skills to express complex legal concepts in business terms
TECHNICAL COMPETENCIES
1. Written Communication
(a) Is relied on by others to help them write complex technical and non-technical documents and briefs.
(b) Is able to determine which aspects of this knowledge area need to be transferred to others in order to
achieve organisational goals.
(c) Coaches others and transfers communication skills and knowledge to others.
2. Presentation Skills
(a) Knows how to deliver arguments persuasively by employing a range of advanced presentation
techniques (e.g. the appropriate use of body language, how to close a presentation so that the
audience continues to think about the subject matter etc.).
(b) Has knowledge of various feedback mechanisms to check levels of audience understanding.
3. Business Acumen
(a) Takes actions to fit business strategy.
(b) Assesses and links short-term tasks in the context of long-term business strategies or perspectives.
(c) Reviews own actions against the organisation’s strategic plan; includes the big picture when
considering possible opportunities or projects or thinks about long-term applications of current
activities.
(d) Anticipates possible responses to different initiatives.
(e) Understands the projected direction of the industry and how changes might impact the organisation.
4. Negotiations
(a) Has an appreciation of cultural sensitivities and differences.
(b) Effectively employs a variety of advanced behavioural/interpersonal competencies to control the
negotiation situation.
(c) Is able to take the lead in a variety of sensitive negotiation situations requiring high levels of tact and
diplomacy.
(d) Is able to place a discrete negotiation situation within the context of a broader long-term relationship
and is not threatened by conceding ground to protect the longer-term interests of DBSA.
5. Presentation skills
(a) Can reinforce key presentation points with examples.
(b) Is able to translate technical terminology into language understandable to the audience.
(c) Has insight into the audience’s behavior and motivation and responds appropriately and
professionally, adapting communication style as appropriate.
6. Policies and Procedure
(a) Has detailed understanding of relevant policies and procedures and interprets these according to
operational circumstances to ensure compliance.
(b) Understands the business context sufficiently to recommend improvements and modifications to
existing policy.
(c) Is able to write new procedures
Required Personal Attributes
BEHAVIOURAL COMPETENCIES
1. Achievement orientation
(a) Undertakes challenging assignment and strives to complete them.
(b) Sets priorities and chooses goals on the basis of calculated costs, anticipated benefits and
improvement of performance.
(c) Aims at exceptional performance, setting out to achieve a unique standard.
(d) Constantly analysis outcomes to ensure the achievements of business goal.
(e) Identifies short-term opportunity or potential problems aiming to achieve better outcomes.
2. Customer Orientation
(a) Tries to understand the underlying needs of customers and match these needs to available or
customized products and service.
(b) Adapts processes and procedures to meet on-going customer needs.
(c) Utilises the feedback received from customers, in order to develop new and / or improving existing
services / products that relates to their on-going needs.
(d) Thinks of new ways to align DBSA’s offering with future customer needs.
3. Integrity
(a) Is willing to end a business relationship because it was associated with unethical business practice.
(b) Is capable of challenging senior management (in an appropriate and respectable manner) in order to
act on espoused values.
4. Leading and empowering others
(a) Creates the conditions that enables the team to perform at its best (e.g., setting clear directions,
providing appropriate structure, getting the right people, obtain needed resources).
(b) Monitors performance against clear standards, and addresses performance issues promptly and
takes action to get performance back to desired levels.
(c) Proactively asks for feedback on own performance from team members, aiming to become more
effective.
5. Teamwork and cooperation
(a) Acts to promote a friendly climate and good morale, and resolves conflicts.
(b) Creates opportunities for cross-functional work.
(c) Encourages others to network outside of their own team / department and learn from their experience.
6. Self-awareness & self-control
(a) Withholds effects of strong emotions in difficult situations.
(b) Keeps functioning or responds constructively despite stress.
(c) May apply special techniques or plan ahead of time to manage emotions or stress
7. Strategic and Innovative thinking
(a) Recognises opportunities or potential problems, before they become obvious, by seeing the
connections in a range of sources of information, including insights from outside DBSA.
(b) Restates complex knowledge in a way that makes it easier for others to understand.
(c) Experiments with new approaches, tests scenarios, questions assumptions and challenges
conventional thinking.
(d) Creates new concepts that are not obvious to others, leveraging internal and external sources of
information, to build incremental revenue and growth opportunities.
8. Teamwork and cooperation
(a) Acts to promote a friendly climate and good morale, and resolve conflicts.
(b) Creates opportunities for cross-functional work.
(c) Encourages others to network outside of their own team / department and learn from their experience.
Supply Chain Manager
| Closing Date | 2024/08/13 |
| Reference Number | DBS240126-1 |
| Job Title | Supply Chain Manager |
| Job Type Classification | Contract |
| Location – Town / City | Centurion |
| Location – Province | Gauteng |
| Location – Country | South Africa |
| Job Profile (Downloadable) | Supply Chain Manager – IPP Office 21.02.2023.pdf (390.40 kb) – 1/26/2024 9:26:58 AM |
Job Description
The IPP Office is responsible for the procurement of energy from Independent Power Producers and supports the Department of Energy on various mandates. This role is responsible for the management of the procurement of goods and services as well as Transaction Advisors for the IPP Office as well as to facilitate aspects of the DMRE’s procurement processes.
The incumbent will co-ordinate and control Supply Chain Management processes, aligning procedures, systems and controls, executing applications to address the identification, acquisition or disposal of items, monitoring the stock control applications and maintaining records of outcomes, supporting and contributing to fair,
equitable, transparent and cost-effective procurement practices that is consistent with policies and laid down requirements encapsulated in legislative frameworks.
The incumbent will support the DBSA and IPP Office procurement objectives and targets through compliance to strategy and application of policies and procedures.
Key Responsibilities
Policies and Procedures
Research and give input into the formulation of Supply Chain Management Policies needed to achieve the Corporate Objectives of The IPPO for submission.
Develop and manage all strategies, plans and outputs necessary to implement the policies and objectives of the Supply Chain Management Section of The IPPO.
Develop, align and implement procurement standards, templates and process across the business
Accurate analysis on procurement transactions (spend information) for trends. Assessment on off contract spend, spend without quotations, non-compliance to policy (deviations), single source, processing errors etc. – for the purpose to inform planning, risk management, gap closure and reporting
Risk Management
Development and implementation of effective processes to ensure that the risk exposure of The IPPO is within the policy-defined risk appetites for each of the SCM activities.
Stakeholder Management
Design, implement and control processes to deliver the required stakeholder interactions and value propositions to the stakeholders of SCM.
Facilitate and report on effective feedback systems with stakeholders.
Acquisition, Appointment, Contractual Agreements and Disposal
Ensure appropriate processes and bid systems are applied to solicit responses in the form of quotations from suppliers/ vendors or service providers.
Ensure adherence to SCM SOPs related to bid documentation, site meetings, briefings, tender opening, registering, recording and evaluation of bids.
Develop, implement and maintain quality control programmes and provide appropriate feedback to both management and clients.
Plan tender reviews and submittal deadlines according to business unit / owner requirements.
Facilitate the establishment of the necessary governance structure/s to lead and adjudicate on the tender (CFT– Cross Functional Team)
Value Management
Support the Financial Division and SCM Unit on delivering on the key business imperatives pertaining to costcontainment; innovation and productivity and business relevance
Work with the appropriate Business Unit Managers to understand their operational plans, sourcing requirements, budgets, service standards and targets (cost, transformation, etc.)
Development and maintenance of the demand pipeline and sourcing plan for business
Support business units with drafting specifications / requirements for Tenders
Negotiate prices, terms and conditions with suppliers. Deliver savings targets to the IPPO
Quarterly meetings/interventions with staff to improve knowledge and understanding of policies and guidelines and close gaps. Support the Bank and the SCM team in delivering innovative solutions to improve productivity, service levels and contribute to cost containment.
Reporting
Report process performance, deviations and Procurement lead times against SLA (weekly)
Monthly report on RFQ’s, Closed tenders and RPF’s
Trend analysis on procurement transactions (spend information) – report on non-contract spend, spend off contract. To include recommendations to inform sourcing pipeline.
Expertise & Technical Competencies
The incumbent should have the following qualifications and experience:
Relevant Supply Chain Management qualification with strong procurement / sourcing expertise
Strong understanding of and a strong commitment to good corporate governance, SCM regulations and laws and other regulatory requirements including the PFMA.
At least 10 years’ experience in SCM
At least 5 years’ experience as SCM Manager
Specific training and experience in Public sector procurement
Accredited training for SCM senior managers an advantage
The incumbent is required to have the following leadership competencies:
Managerial: Leadership; People management; Strategic planning
Generic: Business Acumen; Analytical; Decision making; Negotiation; Administrative; Problem solving; Customer management; Change management; Communication; Facilitation; Numeric skills; Computer literacy
Knowledge: Procurement and supply chain management; Supplier relationship management; Procurement policies and procedures; Contract management; Procurement delegation; Financial analysis; Detailed working knowledge of the PPPFA, supply chain regulations from National Treasury, BBBEE Act and PFMA.
Skills: Financial analysis; Supplier relationship management; Contract management? Solution and deadline orientated with the ability to manage bottlenecks effectively
Ability to ensure all governance and compliance requirements are met with the aim to eliminate potential
inappropriate and corrupt practices.
Strong administration skills
Good influencing and negotiating skills
Good analytical skills
Strong verbal and written communication
Strong team player
Ability to establish and maintain working relationships
Excellent organisational skills
Excellent presentation skills
Required Personal Attributes
The succesful incumbent should demonstrate the following competencies:Attributes: Decisive, Credible; Strong ethics; Embraces diversity; Good listener; Honest and reliableThe successful incumbent should consistently demonstrate the following behaviours in a professional environment:Assertiveness Orientation towards Excellence An Investigative Orientation Customer Responsiveness Business Acumen Planning and Prioritising Influencing and Negotiation Motivational Strategic leadership Inspirational leadership Decisive Establish and maintain working relationships across departments |
All the best with your applications.
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