GFPREQ01859 – TERMS OF REFERENCE (TOR) TO ADAPT AND DIGITALIZE USER FRIENDLY LEGAL LITERACY MATERIALS FOR PEOPLE WITH DISABILITY (PWD)

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1.1 Summary

1.1. Purpose: To adapt existing Know your rights training manuals, Facilitation guides and participants take home messages (Posters, brochures, fliers and pamphlets); and digitalize the legal literacy materials that are user friendly for people with disability (PWD**)** with special focus on the vision impairment, the deaf and hard of hearing, mental disability and physical disability.

1.2. Donor: Global funds HIV Grant

1.3. Duration: 25 working days

1.4. Estimated Dates:

1.5. Target Population: People with Disabilities (PWD)

1.6. Deliverables: Adapted and digitalized legal literacy materials that are user friendly for People with disability (PWD**)** which will includes Know your rights training manuals, Facilitation guides and participants take home messages (Posters, brochures, fliers and pamphlets) in different forms focusing on PWD with vision impairment, the deaf and hard of hearing, mental disability and physical disability.

1.7. Management Team: Human Rights and Gender TWG, KRCS GF Program and Public Relations teams

1.2 Description of the project

Kenya Red Cross Society (KRCS) is the non-state Principal Recipient (PR) for the Global Fund HIV Grant, running from July 2021 to June 2024 (NFM3). One of the modules that KRCS is implementing under the Global HIV grant is reducing human rights-related barriers to HIV/TB/Malaria services. There remain human rights, gender and age-related barriers to HIV and TB services in Kenya. It is important to note that while the overall stigma index for Kenya in 2014 was 45% the findings of the current PLHIV stigma survey index is at 23.28%. Notably, the current PLHIV stigma index survey used a standard tool generated by the global partnership on stigma index (GNP, ICW, IPPF and UNAIDS)

The Constitution of Kenya 2010 which is the supreme law of the land. Article 54 (1) (e) provides that a person with disability is entitled to access to materials and devices to overcome constrains arising from the persons’ disability. This Article directly correlates with the project. Persons with Disabilities Act, 2003 which is an Act of Parliament advocates for the rights of persons with disability. The Act is the leading legislation that advocates for human rights in relation to PWD which the project seeks to cover.

Legal literacy connotes the knowledge of the primary level in law. When the citizens (particularly marginalized or underprivileged groups) become aware of the rights provided to them by law, they can use such awareness as a tool to access justice as such awareness can transform their lives. Therefore, the objective of the assignment is to adapt the legal literacy materials for people with disabilities.

1.3 Current situation

The World Disability Report 2011 puts persons with disability to constitute 15% of the general population. KNBS also puts the overall disability rate in Kenya is 4.6% which translates to 1.7 million Persons with disabilities. Some numbers are available, although these do not give an accurate picture of the number of disabled people living in the country. Kenyan population of approximately 47.6 Million as per the Kenya Population and Housing Census, 2019. That should translate to around 50 Million as at 2021. Further, the national census indicates that 2.2% of the national population (0.9 Million) reported to be having some form of disability. Many persons with disability in Kenya, as in most developing countries in the world, live in poverty, have limited opportunities for accessing education, health, suitable housing and employment opportunities.

Access to justice, as a fundamental right in itself and as a precondition of the enjoyment of all other rights, is especially crucial for this category of vulnerable persons, and provides a unique tool to counter the discrimination (and often disrespect, lack of dignity or even violence) that they face. Paradoxically, however, those who need effective access to justice most are the ones frequently encountering barriers to it. Persons with disabilities often face many barriers accessing justice as in most developing countries in the world, live in poverty, have limited opportunities for accessing education, health, suitable housing and employment opportunities. Even if not directly linked to how legal proceedings unfold, general legal discrimination against persons with disabilities has both symbolic and practical implications for access to justice.

1.4 Problem statement

Access to justice is a fundamental right, as well as a prerequisite for the protection of all other human rights. Persons with disabilities encounter considerable obstacles in terms of access to justice. Barriers and impediments often involve combined forms of inaccessibility and other forms of discrimination. Legal barriers to justice for persons with disabilities, exclusion of the considerations of PWD in law and policy documents and non-adherence to existing international policies and treaties in support for PWD include instances where the rights of persons with disabilities are not enshrined in law, and or where law, policy or practice are inconsistent with/contrary to some articles of the (CRPD) Convention on the Rights of Persons with Disabilities. The Committee on the Rights of Persons with Disabilities is the body of independent experts which monitors implementation of the Convention by the States Parties.

Negative attitudes and societal norms on the part of relevant actors, including law enforcers and implementers, may result in persons with disabilities being degraded while seeking legal redress and or justice– including when reporting a crime, in terms of whether one can serve as a witness or in making legal decisions, seeking remedies for alleged violations of their rights, or otherwise participating in legal proceedings. Minimal and or lack of knowledge thereof by the PWD communities with regard to their rights hinders them from seeking justice.

Access to justice for persons with disabilities can be impeded where measures to take care of their impairments or inclusions have not been taken into consideration. This includes ensuring the accessibility of relevant physical environments, including court houses, police stations, offices of lawyers and relevant service providers such as victims’ advocates and health care facilities where forensic evidence is gathered. Moreover, quite often persons with disabilities are also excluded from key roles in the justice system as lawyers, judges or members of a jury. At a symbolic level, lack of physical accessibility (or segregated accommodations for persons with disabilities, for instance, a ramp at the back of a building) can make persons with disabilities feel excluded, and thus discourage them from pursuing justice.

Legal awareness is the foundation for increasing/improving accessing to justice for persons with disabilities. The poor and other disadvantaged people may not seek remedies for injustice when they do not know what their rights and entitlements are under the law. Information on remedies for injustice must be intelligible to the public and knowledge provided to them must serve their practical purposes. Yet, many persons with disabilities (and those who support them) still do not have a clear understanding of relevant legal information. They often face questions such as who to refer to for help; what procedures or remedies can and should be pursued; or how much time, effort and money will the dispute resolution process take.

2.0 Introduction

KRCS seeks the services of a firm to adapt and digitalize legal literacy materials that are user friendly for people with disability (PWD). The potential firm will use the existing Know your rights training manuals and Facilitation guides for adolescents and young people (AYPs) and People living with HIV (PLHIVs) under KRCS GF HIV Grant.

The firm will adapt the legal literacy materials targeting the different PWD which will include a Know your rights training manual, facilitation guides and take-home message (brochures, pamphlets, posters and fliers).

The final output i.e., adapted Know your rights materials will be in different forms that will focus on different types of disability which includes: persons with physical/other and multiple disabilities, the visually impaired, deaf or hard of hearing and Mental disability.

2.1 Purpose

To respond to this intent, KRCS is seeking to recruit a qualified and experienced firm for a short-term technical support for adaptation and digitalization of legal literacy materials that are user friendly for people with disability (PWD) using the already existing know your rights training manuals and facilitation guides for PLHIVs and AYPs.

The consulting firm will adapt the know your rights training manuals, facilitation guides and take-home message (brochures, pamphlets, posters and fliers) to target PWD who have vision Impairment, deaf or hard of hearing, physical disability and mental disability. The legal literacy materials will be important in supporting improved access to health services and access to justice for PWD in the context of HIV and TB.

The materials will be used to train PWD champions to understand human rights and how promotion of the same can leverage HIV and TB services, ensure recognition of the rights violation of PWD to claim their rights to health, and support awareness raising among PWD. The PWD champions will use the materials to conduct know your rights campaigns to PWD at the community level to enhance knowledge of PWD on the rights and the legal framework in protecting those rights and champion for the actions that they can take to claim their rights.

2.2 The specific objectives of the know your rights training manuals, facilitation guides and take-home message (brochures, pamphlets, posters and fliers) for PWD are:

· To guide trainers in leading workshops that enable provision of information and skills to PWD to defend and assert their rights.

· To train facilitators who will to teach PWD to understand human rights and how promotion of the same can leverage HIV and TB services.

· To increase knowledge on recognition of the human rights violation of PWD and ensure they claim their rights when they are violated.

· To enable provision of information and skills for PWD to defend and assert their rights with a focus on PWD who have vision Impairment, deaf or hard of hearing, physical disability and mental disability.

2.3 Scope of work

The existing materials are the know your rights training manuals and facilitation guides for AYPs and PHIVs which will be adapted and digitalized to Know your right training manual for PWD, Facilitation guide for PWD, Participants’ Take home messages (posters, brochures, pamphlets, and fliers) to be derived from the manuals The materials will focus on PWD who have vision Impairment, deaf or hard of hearing, physical disability and mental disability in different forms as indicated below;

Visually impaired the manuals:

· An audio–visual version of the adapted materials

· Adapt the materials in Braille form for visually impaired

· Adapt the materials to be in DAISY format (this is technology that makes information easily accessible to the blind) for blind people with smartphone and laptops.

· Adapt into the materials in Audio Book format for totally blind people

Persons with physical/other and multiple disabilities):

· Use of large print and contrasting text

· Develop a mobile app to help in message delivery.

Deaf or hard of hearing:

· Use pictorials to enhance the message.

· Popular versions of manuals in audio visuals formats for blind and deaf.

· Translate the legal literacy materials into written sign language

· Short videos for deaf to watch during the sessions.

Mental disability

· Use pictorials to enhance the message

· The legal literacy materials to be adapted in usable formats like: illustrations, videos, audio, animations, easy to read documents and pictographs

· The materials should be simplified significantly i.e. a lot of visuals and kits.

The firm to translate the adapted legal literacy materials in Kiswahili for all the different types of disability (vision Impairment, deaf or hard of hearing, physical disability and mental disability in different forms).

The firm will be expected to undertake the following tasks:

· The firm is to participate in an inception meeting with KRCS and HRG technical team to discuss the execution of the assignment.

· To develop and submit the inception report detailing the process and structure to be adopted in delivering the assignment including a clear and concise roadmap of implementation, the tools for the execution of the assignment and deliverables.

· Develop a time-defined proposal (including a work plan) and the methodology the firm aims to use to adapt the know your rights training manuals, facilitation guides and participants package for PWD.

· The firm to work with National Council for Persons with Disability and other PWD organizations that focus on different disability so as to ensure that the materials are in tandem with issues affecting PWD

· Adapt the know your rights training manuals, facilitation guides and participants package- take home messages in form of (fliers, pamphlets, posters and brochures) for PWD in the different forms as indicated in the scope of work.

· Translate the adapted materials in Kiswahili for all the different types of disability (vision Impairment, deaf or hard of hearing, physical disability and mental disability in different forms)

· Proofread the Know your rights training manual for PWD, facilitation guides and participants take home messages for accuracy and clarity, and rectify any problems and/or provide any minor editing that may be occasioned by the design

· Design and layout the adapted the Know your rights training manuals, facilitation guides and participants take home messages. (posters, fliers’ brochures and pamphlets)

· Ready to read adapted legal literacy materials for PWD for printing and web posting.

· To digitalize the adapted legal literacy materials for people with disability focusing on PWD with vision impairment, the deaf or hard of hearing, physical disability and mental disability.

· Adapt tools that will be used by the PWD to screen capture and report human rights violations

· Participate in review meeting organized by KRCS with representative of PWD organizations and other relevant stakeholders.

· Finalize and submit the adapted Final know your rights training manuals for PWD, Facilitation guides and participants take home messages (Posters, fliers Brochures and pamphlet) in the different forms targeting the different types of disability based on inputs from the PWD organizations and other relevant stakeholders.

· Disseminate the final legal literacy legal materials to the PWD organizations and other relevant stakeholders for validation.

· Submission of ready to print adapted Know your rights training manuals for PWD, Facilitation guides and participants take home messages (Posters, brochures, fliers and pamphlets)

· The adapted legal literacy materials should have layout and design, including pre-press for the printing and web-versions) for publications, high- and low-resolution electronic files for web posting in both English and Kiswahili.

· Submit the adapted legal literacy materials in different forms as elaborated in the scope of work for the different types of PWD

· Submit final consultancy report to KRCS.

2.4 Deliverables

The key deliverables that the firm should deliver to KRCS are as follows; **

• Inception report detailing the plan for execution of the assignment.

• Qualified and experienced teams who will carry out the assignment.

• Adapted user friendly Know your rights training manuals, facilitation guides and participants take home messages (Posters, brochures, fliers and pamphlets) focusing on PWD with vision impairment, deaf and hard of hearing, mental disability and physically disability.

• The know your rights training manual, facilitation guides and participants take home messages should be in different forms focusing on the different PWD as elaborated in the scope of work.

• Final user friendly know your rights training manual, facilitation guides and participants take home messages for PWD both in web and print format with illustration, layout and design in both English and Kiswahili.

• Submit the different forms of the adapted legal literacy materials as elaborated in the scope of work.

• Digitalized user friendly know your rights training manuals, facilitation guides and participants take home messages.

• Tools that will be used by the PWD to capture, screen and report human rights violations.

• Disseminate the legal literacy materials to the PWD organizations, and other relevant stakeholders.

• Final consultancy report.

2.5 KRCS Deliverables

· Organize for an inception meeting with the firm.

· Develop and share the draft contract with the firm.

· Spearhead technical evaluation process of the proposals.

· Organize for a review meeting of the draft adapted legal literacy materials between the firm, PWD organizations and relevant stakeholders.

· Organize for the dissemination and validation of the adapted legal literacy materials.

2.6 Expertise and qualification of the consultant Functional competencies

· Highly experienced working with PWD in the country in matters of health and legal aspects.

· Knowledgeable and experience in designing different materials targeting different disabilities.

· Expert knowledge in health care systems, public health law, human rights, and the legal framework.

· Knowledge on the national legal context on PWD in matters of human rights issues.

· Significant experience in reviewing laws; and policies related to PWD

· Experience of conducting media and policy briefs in relation to PWD

· Strong knowledge of Adobe InDesign, Adobe Illustrator, Adobe Photoshop and Adobe Acrobat.

· Knowledge and exposure to public health systems and network will be an added advantage.

· Experience in working with organizations of people with disability in Kenya.

· Experience in the usage of computers and office software packages.

· Experience in development of training manuals in relation to health and legal issues relating to PWD is an added advantage

2.6.2 Required Skills and Experience for the Key staff to be involved by the firm;

· Education: Advanced University Degree in Law, Human Rights or relevant Social Science studies

· Experience: Minimum of 10 years of relevant experience is required.

· Language: Excellent written and spoken English and Kiswahili.

· Owing to the nature and the scope of the consultancy, the key staff should be a member of a professional body with a good standing. This will ensure professionalism and objectives of the consultancy.

· At least two written samples for which the Firm(s) was listed author that demonstrates their experience developing a legal literacy packages or similar deliverable (e.g., training curriculum or toolkit in regard to PWD

.

2.6 Duration

The adaptation of the Know your rights training manuals for PWD, Facilitation guides and take-home messages in the different forms focusing on different types of PWD will take 25 working days including inception meeting and discussions.

2.8 Application Requirements

Application materials shall include:

· A written response to this TOR in terms of a proposal detailing the technical understanding of the task, proposed methodologies of execution of the assignment, expected activities and deliverables, proposed work plans with schedule, and financial bids. See Annex 1

· Detailed CVs of all professional (s) who will work on the assignment. If there is more than one consultant on the proposed team, please attach a table describing the level of effort (in number of days) of each team member in each of the assignment activities. See Annex 3.

· Professional references: please provide at least three references from your previous clients and full contact details of the referees

2.9. Submission of proposal

The Technical Proposal MUST be prepared in conformance to the outline provided in Annex 1 while the financial proposal shall conform to the template provided in Annex 2. Team composition should conform to Annex 3

*Bidders should provide technical and financial proposal in two separate folders clearly marked* “Technical Proposal” and “Financial Proposal” and emailed to [email protected] clearly marked in the subject line ;Tender Number GFPREQ01859: Consultancy Services to adapt and digitalize legal literacy materials that are user friendly to people with disability (PWD)

The Proposal should be addressed as below and emailed to [email protected] by 6^th April 2022 at 11:00 hrs:

Chairperson

Tender Committee

Kenya Red Cross Society

P.O Box 40712 – 00100

Nairobi, Kenya

ANNEX 1: RESPONSE PROPOSAL FOMART

1) Introduction: description of the firm, the firm’s qualifications and statutory compliance (1 page)

2) Back ground: Understanding of the project, context and requirements for services, (2 pages)

3) Proposed methodology: The proposed methodology MUST provide an indication of its effectiveness and added value in the proposed assignment. (5 pages)

4) Firms experience in undertaking assignments of similar nature and experience from the geographical area for other major clients (Table with: Name of organization, name of assignment, duration of assignment (Dates), reference person contacts-2 pages

5) Proposed team composition (As per annex 3)-1 page

6) Work plan (Gantt chart of activity and week of implementation)-1 page

ANNEX 2: BUDGET TEMPLATE

The firm shall only quote for the items below as KRCS will manage all other related costs (professional fees and administration expenses) as all other cost will be catered for by KRCS.

Item

Unit

# of Units

Unit Cost

Total Cost (Ksh.)

Professional fees

Administration expenses

Grand Total

**

**

**

**

ANNEX 3: PROPOSED TEAM COMPOSITION TEMPLATE

Name of Team Member

Highest Level of Qualification

General Years of Experience related to the task at hand

Number of days to be engaged

Roles under this assignment

ANNEX 4: TENDER EVALUATION CRITERIA

A four stage evaluation procedure will be used to evaluate all proposals from bidders. The total number of points which each bidder may obtain for its proposal is:

• Technical Proposal 60 marks
• Oral presentation 30 marks

• Financial Proposal 10 marks

• Mandatory Requirements

The proposal shall be evaluated on the basis of its adherence to the following compulsory requirements, this applies to both local and international firms and individuals

Document/ Requirements

Tax compliance certificate

Certificate of incorporation/registration (for firms)

PIN certificate

Proceed to next stage (Yes / No)

1. Evaluation of the Technical Proposal

The technical proposal shall be evaluated on the basis of its responsiveness to the TOR. Specifically, the following criteria shall apply:

Criteria

Maximum points

Bidders score

Remarks

(1) Introduction:

Description of the Firm and the Firm’s Qualifications.

5

(2) Background : Understanding of the project, context and requirements for services

5

(3) Proposed Methodology: The proposed methodology MUST provide an indication of its effectiveness and added value in the proposed assignment.

10

(4) Firms Experience in undertaking assignments of similar nature and experience from related geographical area for other major clients

• Provide a summary and supporting information on overall years of experience, and related technical and geographic coverage experience

20

(5) Proposed Team Composition:

• Tabulate the team composition to include the general qualifications, suitability for the specific task to be assigned and overall years of relevant experience to the proposed assignment.

• The proposed team composition should balance effectively with the necessary skills and competencies required to undertake the proposed assignment.

• Lead Consultant Qualifications – should be as per the TOR

• Provide CVs for key Consulting team

15

(6) Work Plan: A Detailed logical, weekly work plan for the assignment MUST be provided.

5

Total Score out of 60

60

The firm, or team of consultants that attains a score of 42 out of 60 and above in the technical evaluation will be invited to proceed to oral presentation.

1. Oral Presentation

Criteria

Maximum points

Bidder’s Score

Remarks

Understanding of the assignment

5

Clear understanding of methodology

5

The technical team relevant previous work experience including the team leader and various technical capacities required for the assignment i.e., PWD with vision impairment, the deaf and hard of hearing, mental disability and physical disability

10

Presentation of previous similar assignment (Organization will be required to show/present 2 previous completed assignments at the oral stage)

10

Total Score out of 30

30

30

1. Evaluation of the Financial Proposal

The Financial Proposal shall be prepared in accordance to Annex 2. The maximum number of points for the Financial Proposal shall be weighted at 10 points. (This maximum number of points will be allocated to the lowest Financial Proposal. All other Financial Proposals will receive points in inverse proportion according to the below formula)

Points for the Financial Proposal being evaluated =

(Maximum number of points for the financial proposal) x (Lowest price)

Price of proposal being evaluated

A total score obtained including Technical, Oral and Financial Proposals is calculated for each proposal. The bid obtaining the overall highest score is the winning bid.