Kalenge, Bwanika, Ssawa & Company, Advocates ("KBS Advocates") is one of the few law firms (if not the only Ugandan law firm) with a dedicated team of procurement law specialists.
At KBS Advocates we approach or look at procurement as the whole totality of the process by or via which a Project is designed, financed and the supply is made or delivered or the construction executed and completed and by which any residual disputes are resolved. As such, our procurement and Project delivery niche advises clients on the obligations, responsibilities and potential risks and liabilities they face right from project inception until final completion of major projects.
Our procurement law department is headed by a Senior Legal Consultants who is specialized in the Procurement Processes especially those endorsed or required by the World Bank and other multilateral financial agencies, and those used in the European Union for Public Works. The procurement processes of the International Financial Institutions have now achieved an important level of homogeny with the evolution and release of the Multilateral Development Banks Harmonised Construction Contract.
The Firm's procurement law practice regularly participates in procurement processes governed by the Uganda Public Procurement and Disposal of Public Assets Act, No. 1 of 2003 as advisor to various Clients and is also conversant with key related international instruments such as the United Nations Commission on International Trade Law (UNCITRAL):-
Model law on Procurement of Goods, Construction and Services.
Legislative Guide on Privately Financed Infrastructure Projects ; and
Legal Guide on Drawing Up International Contracts for the Construction of Industrial Works
Our procurement practice lawyers also appreciate the effect that public-private partnerships, privatization, international agencies, and lending institutions such as the World Bank, African Development Bank, and other International Financial Institutions or Multilateral Agencies can have on the project process, and have worked on a number of projects involving those issues.Construction Project Procurement and Delivery
Our personnel particularly possess substantial know-how in procurement aspects of international construction contracts based on over ten (10) years experience as legal counsel to a major civil engineering construction company operating in Uganda and East Africa. In the field of construction project procurement and delivery, our personnel possess expertise in:-
Choice of procurement route method and risk allocation; project initiation documentation; Tender/bid preparation and review; advise on delivery methods and project structures; Project negotiations; prequalification procedures;
Construction and Civil Engineering Contract law on international civil engineering construction contract forms such as the Fédération Internationale des Ingénieurs-Conseils (FIDIC), Institution of Civil Engineers (I.C.E.), the General Conditions for Works Contracts Supply and Service Contracts Financed by the EDF (EU), and bespoke forms etc.,
Procurement (bidding and tendering processes), contract negotiation and preparation on civil works contracts and consultancy agreements procured on forms of and under the legal and regulatory framework of the Public Procurement and Disposal of Public Assets Act, No. 1 of 2003;
preparation of Building and Engineering Agreements, and of consultancy Agreements (on building and construction projects using regional, local and bespoke forms);
associated construction issues such as arrangement and negotiation of contract security such as guarantees and bonds, subcontractor arrangements (nominated and domestic), security over construction equipment, step-in-rights, assignments and novation.
Assembly and contract documentation for Development/Professional Team(s) and their Terms of engagement and contractual responsibilities, Collateral Warranties.
Traditional construction procurement arrangements and alternative structures; design and build construction management, Turnkey arrangements, and Project Partnering. Our lawyers understand the alternative range of project procurement and delivery options, such as design/build (D/B), build-own-transfer (BOT), build-own-operate-transfer (BOOT), general contracting, construction management, and engineer-procure-construct (EPC or turnkey), and the risks inherent in each form of project delivery option. This also includes the procurement and construction related issues pertinent to the above alternative delivery options such as bidding documents, contract security (advance payment guarantees, performance guarantees, and retention), construction lending and finance, and related aspects, joint ventures and consortiums.
construction project finance documentation and legal advisory services for contractor insolvency, novation and project rescue gained over several years advising on a locally based road construction projects.
Contract claims experience (for both contractual claims and those derivative from the applicable law) mainly in Uganda and briefly in Kenya, and substantive litigation in Uganda.Our clients include land owners (as well as local authorities), property developers, professional property consultants such as Architects, Quantity Surveyors, Engineers and project managers, financiers, building and civil engineering construction contractors, property and facilities managers and other holders of third party interests in projects. The projects include commercial property development schemes, mixed-use schemes, residential or housing estates, infrastructure projects such airports, roads and bridges, as well as supply procurements and government or procurement services with a public element.