Divisheni ya Majadiliano Usimamizi wa Mikataba na Utatuzi Migogoro
Contract Negotiation Management and Disputes Resolution Division
Objective
To provide general supervision of contract negotiation, risk management, and dispute resolution involving MDAs, LGA, and other Government institutions and organizations' services.
Functions
The Division performs the following functions:-
- To participate in Government contracts and treaties negotiations and advise accordingly;
- To supervise, monitor and evaluate contracts implementations by MDA's, LGA's and other Government institutions and organisations;
- To participate in dispute resolution out of court and tribunals;
- To ensure contract audits and monitor activities on contract risk and compliance;
- To follow up on reports regarding negotiations conducted by MDAs, LGAs, or any other authorized person;
- To take stock of all pending contract negotiations and dispute resolution negotiations;
- To take stock and follow up on implementation of all Dispute Resolution Settlements reached;
- To review MDAs and LGAs' operations, contracts, policies, and regulatory obligations to identify potential legal risks, including compliance, contractual, and litigation risks, and assess their potential impact;
- To design, implement, and monitor policies, procedures, and controls to minimize MDAs and LGAs' exposure to legal liabilities, ensure regulatory compliance, and prevent disputes before they arise; and
- To advise OAG's management and staff on legal risk issues, provide guidance on risk-related decisions, and prepare periodic reports on the organization's legal risk profile, including emerging threats and mitigation effectiveness.
This Division is be led by a Director and comprises two (2) Sections as
follows:
I. Contract Negotiation and Dispute Resolution Section
II. Contract Management Section
I. Contract Negotiation and Dispute Resolution Section
The Section is led by an Assistant Director
The Section will perform the following activities:-
- Coordinate and lead contract negotiations;
- Facilitate appointment by the Attorney General of contract negotiations Teams;
- Participate in negotiation of contracts and treaties to which the Government party or has an interest;
- Participate in the negotiation of contracts with a special regime;
- Work with ministries and government institutions to mitigate potential risks before signing contracts;
- Analyze negotiation reports and advise accordingly: (vii) Facilitate external experts' consultation for complex agreements;
- Take stock of all contract negotiation processes for accountability and future references;
- Develop and maintain a contract negotiation database;
- Manage legal disputes, claims, and litigation processes;
- Receive and evaluate deed of settlement;
- Coordinate or participate in out-of-court dispute settlements in which the Government is involved; (xiii) Establish and maintain a database of the signed deeds of settlement; and
- Make follow-up on the implementation of the deeds of settlement entered by the Government.
II. Contract Management Section
The Section is led by an Assistant Director
The Section will perform the following activities:-
- Receive, establish, maintain, and update a database or register of all signed government contracts submitted to the OAG; (ii) Evaluate all signed contracts to outline key contract conditions, deliverables, and milestones for effective monitoring and reporting;
- Monitor and evaluate implementation of contracts to which the Government is a party, both onsite and offsite, and provide timely advice and recommendations;
- Establish and manage a contract performance tracking system and prepare periodic reports on contract implementation progress;
- Analyze and identify non-performing contractors, monitor compliance with contractual obligations, and recommend appropriate corrective or legal measures;
- Provide legal advice and recommendations on contract amendments, extensions, renewals, or terminations, and propose legal measures for resolving disputes or implementation challenges;
- Identify potential legal risks in government transactions and operations, and provide proactive legal advice to minimize exposure;
- Monitor changes in legislation and regulations affecting government operations, ensuring timely adaptation and compliance;
- Provide and assess legal advice rendered by State Attorneys and other legal officers within the OAG, MDAs, ensuring accuracy, clarity, and consistency;
- Conduct periodic reviews of directives, standard operating procedures, and guidelines, and recommend updates to ensure effectiveness and legal compliance;
- Develop, implement, and manage quality control systems within the OAG to ensure high standards in service delivery;
- Analyze performance of duties, conduct inspections and quality tests on processes and resources, and advise on areas of improvement;
- Ensure compliance with governing laws, regulations, directives, and guidelines issued by the OAG, and monitor adherence to legal and regulatory obligations; and
- Set and maintain standards for laws, regulations, directives, and compliance frameworks governing the operations and advice of the OAG.