Consultancy to Undertake a Compliance Assessment of TICAH's Adherence to Relevant Regulatory Frameworks

Terms of Reference

TOR Reference: 07/2023
Posting Date: 09 August 2023

Deadline for Submission of Bids: 30 September 2023

A) Organisational Profile:

TICAH is a feminist organisation that works to promote health, equitable relationships, and community action. We believe that culture shapes health, that beauty is powerful, that expression is activism and that stories have something to teach.

Our work focuses on the follow critical areas:

Listening and Co-creation - We start by listening to communities’ stories, cultures, challenges, opportunities, adaptations, and more. Through listening and discussion, we co-create programs finding progressive ways to address Kenya’s most pressing issues.

Safe Spaces and values clarification - We create safe spaces for people to openly share their views, values, challenges and experiences without judgment or repercussions. In these spaces, we also clarify values that we individually or collectively have about certain issues or ideas. By clarifying values, we establish areas where we connect and where we need to find mutual understanding.

Facilitation and Training of trainers - We are facilitators supporting communities to organize themselves, find local solutions to challenges, advocate for change and protect one another. We have developed several tools to support conversations and learning in workshops. We provide these materials to local trainers and facilitators to share within their communities after they are trained on how to use them.

Advocacy and Celebration - We raise our voices to advocate for better laws, policies and practices to protect rights, access to holistic health services, freedom of expression, indigenous culture, sexuality and reproductive health. We celebrate the beauty and diversity of ideas, ethnicities, religions, sexuality, music, art, genders, indigenous cultures, and traditions as expressions of a healthy society.

B) Overall objective of the task:

The overall objective of this assignment is to undertake a compliance assessment of TICAH, spearhead the identification and assessment of risks related to applicable legal, regulatory and taxation requirements, as well as analyse and identify any potential hazards or violations that TICAH may be facing in a bid to improve the organisation’s compliance posture and risk mitigation strategies.

C) Scope of Work

  1. Define clear and measurable criteria for compliance based on the identified legal, regulatory, tax frameworks to determine the baseline for compliance benchmarks.  
  2. Conduct a compliance review to identify the compliance area’s strengths, vulnerabilities and opportunities with specific reference to:
    • Relevant organisational standards, policies and procedures; for each regulatory requirement that TICAH must comply with, examine the adequacy and provisions of the existing standards policies and procedure as well as their implementation.
    • Assessment potential operational risks and advise management on mitigating strategies where applicable.
  3. Analyse findings and perform gap assessment:
    • Analyse what is needed to be fully compliant with the specific regulations and standards the organisation must satisfy, including identifying the gap between the current practice and full compliance.
  4. Review and report to key stakeholders:
    • Demonstrate how operations are impacted by non-compliance and outline the risks involved.
    • Gather feedback from management to create an action plan to improve the organisation’s compliance posture, with a focus on driving program goals, action steps and outcomes.
    • Disseminate final report and recommendations to staff and relevant stakeholders.

D) Deliverables:

  1. An inception meeting with management to agree on the key tasks and timelines
  2. Submit an outline and methodology report after the inception meeting
  3. Draft report highlighting gaps, potential risks as per the current practice as well as provide recommendations for improvement
  4. Present the draft report for discussion with management
  5. Incorporate feedback from management and share final assessment report
  6. Convene meeting with all staff and stakeholders to disseminate final assessment report

E) Desired Qualifications/ Selection Criteria:

The lead consultant(s) undertaking this assignment are expected to have:

  • A university degree in Social Sciences, Finance, Business Administration, Law or related field
  • Proven experience in providing similar services with reputable institutions or organisations within the same sector
  • Demonstratable knowledge and experience in Human Resource Management, Legal frameworks and Policies affecting nonprofit organisations, Risk Management, Statutory compliance, and any other relevant field.  
  • Two letters of reference from organisations where similar work was performed
  • The application is open to both organisations and individuals

F) Consultancy Duration

The assignment is expected to be carried out within a period of three months

G) Application Process

Qualified candidates should submit documents including:

  • An expression of interest with an elaborate technical capability statement
  • Curriculum vitae providing full description of the applicant’s profile and expertise (or lead technical consultants in the case of a firm)
  • A financial bid containing time and cost estimate for delivery of the above-described deliverables, including a break down to level of effort and expenses
  • Contact information of at least three independent referees with in depth and proven knowledge of the expert’s/ consultant’s expertise and relevant work experience (attach 2 reference letters from past assignments)  

H) Submission of Bids

The deadline for submission of expressions of interest is 30th September 2023. Applications should be sent by email to procurement@ticahealth.org

Please indicate TICAH/07/023-Consultancy to Undertake a Compliance Assessment, on the email subject.