Legal Services- Review of Platform Actors’ Contracts or Instrument, Triggerise

Background

Triggerise is a non-profit that motivates users – primarily young women and adolescent girls – to make positive health 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. In Kenya, Triggerise manages a digital platform that links demand and supply around health services; the specific focus has been on increasing access to contraceptive services and HIV testing services. Triggerise is implementing a project with the main objective of reducing teenage pregnancies and HIV transmissions among adolescents aged 15-19 year olds across a network of quality assured health facilities i.e. clinics and pharmacies. The project is implemented across 12 counties which include Mombasa, Kilifi, Nairobi, Kakamega, Kisumu, Siaya, Bungoma, Busia, Homabay, Migori, Kisii and Nyamira.

Objectives

The objectives of this consultancy are:

• Provide legal opinion on the adequacy of contracts, memorandums of understanding and code of conduct document to support Triggerise activities. These includes review of the documents governing Triggerise obligations and relationships with the following actors, providers (clinics and pharmacies), retailers, mobilisers, Community Based Organizations (CBOs) and counties.
• Review Triggerise operations with a view of identifying legal risk exposure to the above mentioned actors based on the contracts already in place.
• Provide legal advice on the adjustments required either contractually or operationally.

Methodology

The consultant will perform the following tasks:

• Entity and operations understanding including onboarding, management, payment and risk management approaches.
• Review contracts/ COCs/MOUs for legal compliance and exposure mitigation.
• Provide legal advise and suggestions to contract and operations to mitigate legal risks.

Deliverables/ Expected outputs

A final report containing covering:

• An assessment of the legal risk exposure in our contracts.
• Recommendations for specific changes necessary to to the contracts and operations for improved compliance.

Technical Requirements

The qualified firm should exhibit the following:

• Demonstration of experience and expertise of similar assignments.
• 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.
• Registration Certificate
• Tax Compliance Certificate.
• Be registered at the local legal professional bodies.

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

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).
• Ability of the bidder to fulfil TRIGGERISE’s requirements

Wight: 30

Technical Approach and Execution Plan

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

Weight: 30

Financial quotation

• Bidders must allocate Senior Staff members for this engagement.
• Competitive rates for the services

Weight: 10

References

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

Weight: 10

Capacity

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

Weight: 20

Totals Weight: 100