Tender Nº: 001/02/2022/BRD/HC&CS/CS

Assignment Title: request for hiring five (5) professional court bailiffs

Background: 

BRD business (in terms of the loan portfolio, the number of clients, products, etc) has increased tremendously and some of its clients do not service their respective loans in accordance with the terms of the signed loan agreements, and this situation has negative implications on the Bank financial position. In order to address this issue, the Management of the Development Bank of Rwanda (B.R.D.) Plc has always undertaken legal mechanisms to recover such loans. 

It is in this context that the Bank would like to hire additional five (05) professional court bailiffs (one bailiff per province and in Kigali City) to enforce, facilitate, and fast track court judgments/orders execution. In this regard, the Development Bank of Rwanda (BRD) requests interested and potential firms to submit their Technical and Financial Proposals for the above-mentioned services according to the terms of reference detailed in the Request for Proposal.

The objective of the assignment:

The service is to improve the Bank’s financial performance through fast-tracking the execution of the final court decisions.

Scope of Work

The services to be provided by the selected professional Court Bailiffs include the following:

3.1 Court ruling execution and correspondences delivering: 

• To execute judicial decisions, decisions of competent administrative organs 
• To carry out the recovery of the debts relating to contractual or legal obligations, or which draw their origin with a rendered judgment bearing an enforcement formula.
• To proceed to the service of documents prescribed by the law when requested in accordance with the law by the Bank. 
• To seize or sell by auction the movable and immovable property within the framework of execution of judicial decisions, decisions of competent administrative organs, and other enforcement orders. 
• To obtain from the court registrar offices the copies of the judgments, the copies or extracts of the items added to the judicial file upon request of the Bank. 
• To service and notify acts relating to debts recovery within the framework of execution of enforcement orders and the contractual obligations to the concerned persons. 
• To note and certify the status of anything based on the order of the courts or on request of the Bank. 
• To carry out the expulsions ordered by a court decision and after completion of a public auction. 
• To request the President of the competent court to schedule the public auction. 
• To sell by auction movable and immovable property upon request by the Bank. 
• To carry out any other duties provided for by the law upon the request of the Bank.

3.2. Services related to the receivership process.

The court bailiff upon the appointment of the Registrar General will conduct and extinguish the duties regarding the receivership process in accordance with the Instructions of Registrar General. To extinguish these duties, the court bailiff will respect the following:

• To respect the timeline provided by instructions of Registrar General to notify the required documents such as permit to sale, valuation reports, selling terms and conditions and another required document provided by relevant laws.
•  Publish the auction through all frameworks provided for by the Instruction of Registrar General within the provided timeline.
•  Using all his abilities to advertise the property under receivership to maximize the proceeds from public auction.
• To fulfil the reporting framework provided for by the Instructions of Registrar General other relevant laws to avoid the cancellation of the auctioned property. 

Experience:

BRD now invites individual consultants (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services. The shortlisting criteria are as follows:

• Submission of the detailed CV of the applicant. 
• The applicant (bailiff) should be a member of the Professional Bailiff Association and at the same time duly registered with the Office of Registrar General as a receiver with the relevant valid documents
• He/she must be a holder of a bachelors’ degree in Law. 
• Proven experience of at least 3 years of working with Banks in the field of judgments enforcement and receivership process. To provide at least 2 recommendations from recognized Banks operating on the Rwandan territory. 
• Have 5 years of extensive knowledge in the field of interpretation of laws, especially the Law on civil, commercial, labour, and administrative procedure
• Have at least 5 years of experience in property and caveat search through intensive engagement with relevant public institutions.
• Have at least 3 certificates delivered by the Professional Bailiff Association of Rwanda 
• To have not been warned the by Professional Bailiff Association for the disciplinary reason for 3 last years.
• To have insurance cover for the loss that might result from the performance of duties. 

Duration of the contract

The contract duration will be three (3) years and may be renewed upon satisfactory performance with a written mutual consent of both parties. The Email or purchase orders will be issued to implements the framework contract and specify the duration and amount of each specific assignment. 

Selection process 

The attention of interested Individual Consultants is drawn to the BRD procurement policy. Candidates will be selected using the selection based on the Consultant’s Specific Qualifications method. Shortlisted candidates will be assessed through experience and qualifications. 

All Interested Consultants are invited to download the full Terms of Reference and template to be filled on https://www.brd.rw/brd/procurement-tender/. Further information can be submitted at the following email addresses: procurement@brd.rw and copying to the brd@brd.rw during office hours (8:00 am to 6:00 pm).

 The expression of interest must be delivered in written form addressed to the Chief Executive Officer of Development Bank of Rwanda on the following address: procurement@brd.rw and copying to the brd@brd.rw no later than 23/ 02 /2022 at 5:00 pm Kigali time (GMT +2).

Sincerely,