Closing Date 2021/04/30
Reference Number DBS210416-2
Job Title Senior Procurement Specialist (Infrastructure Fund) (Midrand)
Job Type Classification Contract
Location - Town / City Midrand
Location - Province Gauteng
Location - Country South Africa
JOB DESCRIPTION
The Infrastructure Fund (IF) announced by the President in September 2018 addresses the need for a dedicated blended financing facility for infrastructure programmes projects. The aim of the IF is to transform public infrastructure financial provisioning using “blended” finance - combining capital from the public and private sectors, and Development Finance Institutions (DFIs)/Multilateral Development Banks (MDBs). This will be dedicated to meeting the financing requirements for hybrid projects. The mandate of the Infrastructure Fund has been captured in a Memorandum of Agreement (MOA) between National Treasury, Infrastructure South Africa (ISA), and the DBSA. This is a Five (5) Year Fixed Term Contract.
The role of the Senior Procurement Specialist: IF is to provide a legal and regulatory support service that ensures effective contracting takes place throughout the entire procurement chain of large scale infrastructure projects and programmes implemented by the IF. The duties and responsibilities of the Senior Procurement Specialist: IF are detailed below.
KEY RESPONSIBILITIES
Duties and responsibilities
1. Develop infrastructure procurement documents to ensure that they adhere and align to compliance principles laid out in the following: The Constitution; National Treasury Supply Chain Management Circulars, Directives and Guidelines; Supply Chain Management policies; Public Finance Management Act (PFMA); Municipal Finance Management Act (MFMA); Preferential Procurement Policy Framework Act (PPPFA); Broad-Based Black Economic Empowerment Act (BBBEE); Other applicable Procurement Laws and Public Law principles.
2. Implement desired practices for contract management and lead the process of contract risk management in relation to procurement documentation.
3. Collaborate, review and provide input on legal agreements and other documentation from a regulatory perspective. This would include the facilitation and assisting the IF Legal team with the structuring of various projects including conducting legal due diligence investigations.
4. Provide expert regulatory advice across each phase of specific projects to create a sense of assuredness to investors and the IF, including but not limited to: performing regulatory due diligences; evaluating transaction structures; developing and drafting procurement documentation; mediating negotiations amongst various stakeholder parties; and providing the IF with advice regarding the structuring of third-party service contracts.
5. Provide legal/regulatory guidance on material purchases, acquisitions, engagement of vendors for new and complex services, complex business loans, and current and/or future business structures and legal entities.
6. Develop and facilitate the implementation of governance policies, practices and systems and the continuous improvement in governance. Ensure business practices and policies/procedures meet regulatory requirements enable the Infrastructure Fund to achieve material compliance to international, national, and local laws and regulations.
7. Monitor and provide comment on pending legislation and regulation. May participate on advisory committees to regulators and related government agencies.
8. Prepare brief and / or consult with external counsel / legal advisors on legal/regulatory issues where necessary. Engage and manage outside counsel to ensure costs are within budget and supervise and coordinate work performed by outside counsel.
9. Provide general legal/regulatory education and training to other team members within Legal team and the wider Infrastructure Fund personnel.
10. Provide risk, regulatory and legal assistance in terms of contract negotiation. 11. Perform other duties as assigned.
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EXPERTISE & TECHNICAL COMPETENCIES
Minimum Requirements
1. LLB Degree (Admitted Attorney)
2. A minimum of 8 years’ experience in working with large scale infrastructure procurement projects. Proven track record with successful large commercial deals. Must have regulatory experience.
3. In-depth knowledge and understanding of the PFMA, MFMA, PPPFA, BBBEE, Treasury Regulations.
4. Strong understanding of and a strong commitment to good corporate governance.
5. Knowledge and understanding of supply chain disciplines & methodologies.
6. Knowledge and understanding of the public sector.
7. Knowledge and understanding of the regulatory environment across all spheres of government.
8. Knowledge and understanding of international best practice of government infrastructure procurement.
9. Knowledge and understanding of all legislation relevant to the business of a bank (i.e. Banks Act, NCA, FICA, FAIS, Reserve Bank Act, Competition Act, POPIA, Magistrates Court Act, High Court Act etc.).
10. Additional business qualifications (Finance related) will be an added advantage.
11. Demonstrated ability of strong legal / business writing skills / drafting skills with regards to legal / regulatory opinions.
12. Demonstrated experience in infrastructure and/or project finance and infrastructure development processes.
13. Strong knowledge of legal, risk and financial management principles, philosophy and methodologies to lead the most complex legal cases, projects/assignments and agreements undertaken by the Infrastructure Fund.
14. Proven negotiating skills with the ability to close deals/transactions/agreements from a legal perspective.
15. Strong verbal and effective presentation skills and with the ability to express complex legal concepts in business terms.
16. Ability to interact professionally and confidently with members of the IT team, clients, employees as well as internal and external stakeholders.
17. International/cross-border experience will be an added advantage.
Technical Competencies
Procurement Services
1. Articulates and prepares required documents and related elements of the procurement request including terms and conditions for the sourcing, selection and award process.
2. Receives, safeguards, opens, records, tracks, assesses compliance with terms.
3. Develops relationships by effective resolution of complaints and concerns.
4. Prepares effective correspondence, questions and reports, statements of circumstance and briefing notes.
Legal Knowledge
1. Knowledge, understanding of the principles and investigation in specialised areas such as contracts and agreements, litigation and other general legal advice and ability to give clear and accurate advice to IF.
2. Remains up-to-date with new laws, regulations and compliance with South African laws affecting the business, and regularly interprets and advises stakeholders on these.
3. Identifies risk in commercial transactions and suggests risk mitigation methods where applicable.
4. Advises business units on the sequencing and pacing of policy recommendations in terms of legal implications.
Legal and regulatory Policy Knowledge
1. Knowledge of applicable legislation and the legal policies and procedures pertaining to the local, regional and relevant global laws.
2. Directs and oversees the setting of organisational legal strategies, policies and guidelines of the most complex and important cases/legal objectives.
3. Extensive knowledge of topics such as procurement laws, claims, agreements, and patents laws, intellectual property financial laws, labor laws, environmental laws, trade and economics laws etc.
4. Knowledge and ability to enforce conditions and provisions of contracts, grants, agreements and leases.
5. Awareness of all local regional and global legal developments.
6. Ability to understand legal rights and responsibilities and the possession of authority to make legal decisions.
7. Protects the organisation’s legal rights, utilizing a broad knowledge base of all major legal disciplines.
Risk Identification & Assessments
1. Diagnoses significant and emerging risks to which the business is exposed.
2. Advises on applicable aspects of legal risk identification and assessment.
Solution Focused
1. Identifies complex problems based on a broad range of factors, many of which are ambiguous or difficult to define.
2. While remaining guided by organisational values, identifies optimal solutions, thinking first in terms of possible approaches and flexibilities in the system vs. blind adherence to rules or procedures.
3. Evaluates the effectiveness and efficiency of solutions after they have been implemented and identifies needed changes.
Knowledge of Contracts
1. Advises business units on contractual issues related to procurement.
2. Has an in-depth knowledge of the legal framework and appropriate regulation. Ability to apply this to develop appropriate contractual terms, conditions and documentation.
3. Identifies and resolves risk and liability.
Negotiation Skills
1. Has an appreciation of cultural sensitivities and differences.
2. Effectively employs a variety of advanced behavioural/interpersonal competencies to control the negotiation situation.
3. Is able to take the lead in a variety of sensitive negotiation situations requiring high levels of tact and diplomacy.
4. 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 IF.
Reporting & Communication
1. Provides input, reviews and improves reporting processes.
2. Assists business units to help them write complex technical and non-technical documents and briefs.
3. Assists to determine which aspects of their knowledge area needs to be transferred to others in order to achieve organisational goals.
4. Coaches juniors and transfers communication skills and knowledge to juniors in the team.
5. Able to communicate complex problems or concepts, by making them simple and understandable for others.
6. Adapts language to the level of the audience in order to ensure that the message has a positive impact and is interesting to the audience.
7. Is articulate, demonstrates a wide range of vocabulary, and is confident when talking to large/high level audiences.
Presentation Skills
1. Knows how to deliver arguments persuasively by employing a range of advanced presentation techniques.
2. Has knowledge of various feedback mechanisms to check levels of audience understanding.
REQUIRED PERSONAL ATTRIBUTES
Behavioural
Customer Service Orientation
1. Tries to understand the underlying needs of customers and matches these needs to available or customized products and services.
2. Adapts processes and procedures to meet on-going customer needs.
3. Utilises the feedback received by customers, in order to develop new and/or improve existing services/ products that relate to their on-going needs.
4. Thinks of new ways to align IF’s offerings with future customer needs.
Self-awareness and Self Control
1. Withholds effects of strong emotions in difficult situations.
2. Keeps functioning or responds constructively despite stress.
3. May apply special techniques or plan ahead of time to manage emotions or stress.
Strategic and Innovative Thinking
1. Experiments with new approaches, tests scenarios, questions assumptions and challenges conventional thinking.
2. Creates new concepts that are not obvious to others, leveraging internal and external sources of information, to build incremental revenue and growth opportunities.
Driving delivery of results
1. Sets challenging goals that will have a significant impact on the business or support the organisational strategy.
2. Commits significant resources and/or time to ensure that challenging goals are achieved, while also taking action to mitigate risk.
Teamwork & Cooperation
1. Acts to promote a friendly climate and good morale and resolves conflicts.
2. Creates opportunities for cross-functional working.
3. Encourages others to network outside of their own team/department and learn from their experience.
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