Part of Administration

Job Title: Legal Advisor

Number of Post:1

Location: Kabul         

Sex : Male &Female               

Nationality:  Afghan 

Duration:        

 Reporting to:            Head of GCMU/MOPH and Sehatmandi

                                   Coordination Office Coordination  

Announcing Date:    2021 / 08 /1    

Closing Date:             2021 /08/11

Background:

The Afghanistan health system has made considerable progress and the health indicators have also significantly improved over the period of 2003-2017. The key enablers for the improvements have seen in the health sector are strong local stewardship, development of sound and stable policy frameworks, prioritization of investments in primary care and implementation of BPHS and EPHS. The BPHS and EPHS have been implemented through NGOs in 31 and the MoPH Strengthening Mechanism in remaining 3 provinces. Sehatmandi project mainly finances the BPHS and EPHS implementation across the country for 3 years - July 01, 2018 to June 30, 2021. In order to manage the health program effectively, the project finances the system development and stewardship functions of the MoPH though support of short-term technical assistance and supports the contractual staff required for implementation of project activities.

Scope of services:

Legal advisor will be responsible for providing legal advice on procurement of consultancy services and follow up claims which arising against GCMU/MoPHon contracts and other related issues.

Objective:

To provide legal Advice to GCMU /MOPH on procurement of consultancy services and contracts.

Responsibilities:

• Provide advice on all issues related to the legal aspects of the services, goods  and individual contracts of the GCMU / Procurement Directorate
• Review   claims against GCMU  arising out of contracts and or other related issues and  take the initiative for the amicable settlement of disputes   
• Liaise with stakeholders in all matters related to the legal issues
• Provide legal advice for bilateral and multilateral agreements between MoPH/GCMU, Procurement Directorate and other parties (including Service contracts, memorandum of understanding etc.
• Help with challenges of interpretations i) of the contract by the contractors ( NGOs and firms); ii) challenges of the interpretation within the MoPH, iii) challenges of the interpretation by the attorney general and other auditors within the government and iv) the questions and issues related to legal aspects of the contracts with the external partners such as the World Bank and others
• Provide legal advices for best practice to be adopted in order to prevent legal disputes with stakeholders
• Participate and provide advice on GCMU/ Procurement Directorate disciplinary procedures including but not limited to participation in major investigations of the Code of Conduct breaches  and policies of the MoPH
• Build the capacity and enhance the legal awareness of the GCMU/ Procurement Directorate staff by providing orientation sessions on the legal procedures and practices
• The Advisor may asked to participate in proposal opening ceremonies, Technical and Financial, to provide legal advices
• Receive emails from donor communities, international agencies, implementing NGOs and others and share it without delay with the Director of the GCMU and other concerned staff in GCMU
• As per the instruction of the GCMU Director or Sr. staff of the GCMU, draft emails and letters in high standard local and English languages for sending to NGOs, International agencies and donor communities.
• Undertake minutes of the meetings, edit and type it in standard formats  and share it at earliest convenience time with concerned parties and ensure  proper  documentation and recordkeeping 
• Any other tasks assigned by the Head of GCMU

Qualifications and experience:

• To have at least a bachelor degree in Law or Sharia;
• To have a background in the practice of Law with a minimum of 5 years’ professional experience;
• Be familiar with the Government of Afghanistan laws, legal practices and constitution;
• Knowledge of written and spoken English;
• Be able to work with flexibility in a multi-disciplinary environment;
• Excellent team work and communication skills and ability to take initiative;
• Experience in working with World Bank legal procedures and/or withother International Financing Institutions is a plus;
• Advanced PC skills and sound knowledge of the MS Office package: MS Word,
• Excel, Outlook, Power Point;
• Good capacity to communicate with people having different backgrounds andpositions, as well as with local and national authorities.

Deliverables:

• All issues related to the legal aspects of the services, goods and individual contracts of the GCMUfacilitated.
• Claims against GCMU arising out of contracts and or other related issues will be reviewed and initiative for the amicable settlement of disputes will be taken.
• Bilateral and multilateral agreements between MoPH/GCMU and other parties (including Service contracts, memorandum of understanding and etc) reviewed and legal advices were provided.
• Challenges of interpretations of contracts will be clarified.
• The SOP of performance management reviewed from legal prospective.
• Advice on GCMU disciplinary procedures including but not limited to major investigations of the Code of Conduct breaches and policies of the MoPH provided.