Complete risk assessments for at least 5 tenders or proposals and identify at least 3 potential legal risks per document
Quarterly Target:
- Minimum of 5 tenders or proposals to be fully assessed.
- Identify and document at least 3 legal risks per tender/proposal.
Assessment Scope:
For each of the 5 selected tenders/proposals, the legal risk assessment will cover the following key areas:
- Contractual Clauses
- Liability provisions
- Indemnification terms
- Penalty clauses and breach implications
- Regulatory Compliance
- Sector-specific regulations (e.g., public procurement, labor law, B-BBEE)
- Compliance with South African laws and SayPro’s internal policies
- Intellectual Property (IP) Concerns
- Usage rights, licensing, and proprietary information
- Risk of IP infringement or exposure of confidential information
- Jurisdictional and Dispute Resolution Terms
- Governing law inconsistencies
- Unfavorable dispute resolution mechanisms (e.g., arbitration clauses in foreign jurisdictions)
- Risk of Ambiguity or Misinterpretation
- Vague deliverables or timelines
- Undefined roles and responsibilities
- Payment and penalty terms lacking clarity
Deliverables for Each Tender/Proposal:
- Legal Risk Assessment Report including:
- Executive summary of risks
- Description of the proposal/tender
- Risk matrix (Likelihood vs. Impact)
- Recommendations for mitigation or contract modification
- Risk Register Update
- Each identified legal risk must be logged in the Legal & Compliance Risk Register with associated control measures.
- Management Briefing
- Summary presentation to SayPro executive or procurement leadership detailing key findings and actionable insights.
Examples of Potential Legal Risks (Minimum 3 per tender/proposal):
- Risk #1: Ambiguous termination clauses exposing SayPro to early contract cancellation without compensation.
- Risk #2: Proposal fails to comply with Preferential Procurement Regulations, creating a risk of disqualification.
- Risk #3: Liability for third-party subcontractors not clearly assigned, increasing SayPro’s legal exposure.
- Risk #4: IP ownership clauses assign all rights to the client, limiting SayPro’s reuse of developed materials.
- Risk #5: Dispute resolution clause mandates litigation in a foreign country, increasing costs and complexity.
Reporting Timeline:
- Week 1–2: Identification of target tenders/proposals for review.
- Week 3–6: Complete legal reviews and prepare initial risk reports.
- Week 7: Update risk register and consolidate risk findings.
- Week 8: Present findings to management. Finalize and archive reports.
Key Performance Indicators (KPIs):
- Completion of 5 legal risk assessments.
- Identification of 15+ distinct legal risks (3 per document minimum).
- Submission of 5 Legal Risk Reports and 1 consolidated Management Brief.
- 100% of risks logged in the Legal Risk Register with mitigation actions
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