SCOPE OF LEGAL SUPPORT SERVICES FOR TRIGGERISE KENYA LTD UNDER SRH

1. BACKGROUND

TRIGGERISE is a non-profit that motivates users – primarily young women and adolescent girls – to make positive choices. We use nudges like reminders, discounts, in-person and digital follow-ups, and reward points to encourage our users to access and use healthy products and services. We also support them in becoming entrepreneurs and adding value to their economies.

Triggerise is registered in Kenya under the Kenya Companies Act with a Certificate of Registration Number PVT/2016/025180 dated 16th September 2016.

Triggerise has its main office in Nairobi but carries out its operations in eighteen counties in the Republic of Kenya. These include and are not limited to Nairobi, Kisumu, Mombasa, Kajiado, Homa Bay, Kisii, Kilifi, Bungoma, Siaya, Migori, Vihiga, Busia, Kakamega and Nakuru.

Triggerise is implementing an 18-month sexual reproductive health(SRH) project with the main goal of increasing access to modern contraceptives and HIV self-testing among adolescents aged 15-19yrs of age. The counties of operation include and are not limited to Nairobi, Kisumu, Mombasa, Kajiado, Homa Bay, Kisii, Kilifi, Bungoma, Siaya, Migori, Vihiga, Busia, Kakamega and Nakuru. The project is funded by DFID through a development impact bond supported by the Children’s Investment Fund Foundation (CIFF).

2. SCOPE OF LEGAL SERVICES

Tiggerise is seeking a registered law firm to provide legal support to all actors on the project who include providers (Clinics and Pharmacies) including online pharmacy for direct delivery of SRH commodities, a network of mobilizers supported by respective CBOS at the county level and a network of traders where adolescents can redeem earned tiko miles for products. The scope of work will include:

a) On-call legal support

The firm will offer on-call legal support for the Consortium and this will cover the following services;

  1. Evaluation of legal incidents arising in relation to the provision of services outlined above;

  2. Formulation of legal assessments/opinions to advise Triggerise on the legal issues arising from the incidents, clarify legal positions on programmatic interventions on services offered under the ITH project, offering advice on corrective measures that need to be put in place or offering advice on legal action requirements;

  3. Telephone calls to guide Consortium partners through emergency situations that may arise such as dealing with law enforcement and;

  4. In-person and monthly status meetings with designated Triggerise staff to discuss progress on deliverables and provision of legal support.

b) Litigation support

  1. The firm will offer legal representation to Triggerise implementing partners in court with respect to any civil litigation or criminal investigation and/or prosecution that may arise in the provision of SRH services under the project. This includes any legal action taken as a result of and arising from the provision of services and commodities that results in complications.

  2. The firm will also offer legal representation toTriggerise implementing partners before any disciplinary tribunal or relevant regulatory authority with respect to any disciplinary action that may arise in the provision of ITH services under the project.

  3. The firm will also offer legal representation to direct beneficiaries of the SRH project with respect to any criminal investigation and/or prosecution that may arise in connection to the services offered to them under the SRH project.

c) Legal Support to Triggerise during project implementation.

The firm will offer the following services to Triggerise:

  1. Review of internal documentation utilized by service providers in connection to project implementation;

  2. Development of incident management protocols to limit Triggerise’s liability related to project implementation, and

  3. Conducting legal compliance/assessment visits in centres and facilities involved in project implementation.

3. PERIOD OF THE ENGAGEMENT

18months from 1st June 2020 to 30th November 2020.

4. FINANCIAL ARRANGEMENTS

A fixed retainer to be paid every six months of the program i.e. 3 equal payments.

5. TECHNICAL REQUIREMENTS

The qualified firm should exhibit the following:

  • Demonstration of experience and expertise of similar assignment with non-governmental Organizations.

  • Providing an activity plan (project plan) of actions to achieve the objectives of the assignment, specifying budgeted hours, timelines and sequence for its consultancy procedure and level of staff to be assigned;

  • Incorporating CV’s of the proposed professional staff of the core management team proposed for the engagement and the authorized representative submitting the proposal.

  • List of current and past clients where the bidder carried our SRH consultancy along with the name of the organization, contact person, designation, and a contact number, nature of the consulting services and length of the appointment for at least three (3) International non-governmental organizations.

  • Registration Certificate.

  • KRA Pin Certificate.

  • Tax Compliance Certificate.

6. EVALUATION CRITERIA

Proposals will be evaluated in two parts. The experience, technical proposal and financial quotation shall bear 70% of the total marks while the references and financial capacity shall bear 30% of the total marks.

  • Proposals should make clear about the relevant skills, experience and capacity of the participant, in respect of this particular TOR.

  • Proposals must contain the details of the proposed approach to be adopted in order to deliver the service in accordance with the TOR.

  • Proposals should clearly indicate whether or not bid participants have the capacity to meet the requirements of the TOR.

  • Must be a registered firm in Kenya.

Functionality evaluation criteria

1. Experience, Skills and Ability of Service Provider

Bidders’ track record which includes

  • Past experience in similar work of this nature.

  • Team member experience (accompanied by brief CV’s).

  • The ability of the bidder to fulfil TRIGGERISE’s requirements

Total Score: 30

  1. Technical Approach and Execution Plan

  2. Proposals must contain the details of the proposed approach to be adopted in order to deliver the service in accordance with the TOR.

Total Score: 30

3. Financial quotation

  • Bidders must allocate Senior Staff members for this engagement.

  • Competitive rates for the services which include the monthly retainer fees for all services including quotes for a number of legal support calls, legal representation costs. Include a proposal for scheduling retainer payments

Total Score: 10

4. References

  • Did the bidder submit at least three relevant and contactable clients that were serviced in the past 36 months.

Total Score: 10

5. Capacity

  • Proposals should clearly indicate whether or not bid participants have the capacity to meet the requirements of the TOR.

Total Score: 20

How to apply

Applications/submissions are requested to submit their tender/application documents (technical & financial) proposals to Triggerise Kenya Ltd via mail [email protected] by end of day 7th July 2020.

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