Call for proposals for Paralegal Training Service Provider
Conduct training for paralegals employed by Legal Aid SA, community advice offices and identified NGO’s on legal responses to human rights barriers to HIV and TB services in South Africa
The Global Fund: Addressing Human Rights Barriers to HIV and TB
Terms of Reference: Paralegal Training Service Provider
Introduction and Background
In June 2019, the National Department of Health, SA National Aids Council (SANAC), Stop TB Partnership and UNDP launched a three-year Human Rights Plan to respond comprehensively to human rights and gender related barriers to HIV and TB services in South Africa.
This plan responds to Goal 5 of the South Africa’s National Strategic Plan for HIV, TB and STIs which seeks to address human rights and gender related barriers that increase risk and prevent people from accessing services, in particular women, youth, sex workers, people who use drugs, inmates, LGBTI persons and persons with disabilities through:
- Reducing stigma and discrimination amongst people living with HIV or TB;
- Facilitate access to justice and redress for people living with, and vulnerable to HIV and TB; and
- Promote an environment that enables and protects human and legal rights and prevents stigma and discrimination.
The plan is to be implemented by multiple stakeholders from the government and the non-government sector. A significant portion of the plan is funded by The Global Fund who has appointed the AIDS Foundation of South Africa (AFSA) to be the Principal Recipient of its funds in South Africa. In turn, AFSA has appointed ProBono.Org to serve as Sub-Recipient to implement a human rights programme and provide legal support for human rights in 24 The Global Fund districts in eight provinces of South Africa.
The need for this programme is derived in part from The Global Fund baseline assessment in 2018 which identified several challenges in the response to HIV and TB including:
- Poor implementation of protective laws and policies;
- Limited sensitisation of police, particularly in relation to the rights of vulnerable populations;
- Weak accountability mechanisms and limited awareness of how to access justice and legal redress for human rights violations, including limited work with the judiciary; and
- Small scale human rights and gender-related programmatic responses with poor co-ordination between existing programmes.
ProBono is inter alia required in 25 The Global Fund districts (listed below) to:
- Support legal empowerment targeting vulnerable and key populations;
- Train paralegals on issues related to HIV, TB and human rights;
- Enable legal and paralegal support to community members whose human rights have been violated including pursuing identified matters to court.
The Global Fund districts are:
- Gauteng (City of Johannesburg, Ekurhuleni, City of Tshwane, Sedibeng, West Rand)
- North West (Bojanala)
- Western Cape (Cape Town, Eden)
- Mpumalanga (Gert Sibande, Ehlanzeni)
- KwaZulu-Natal (King Cetshwayo, Ugu, uMgungundlovu, EThekwini and Zululand)
- Limpopo (Greater Sekhukhune, Capricorn, Mopani)
- Free State (Thabo Mofutsanyane, Mangaung)
- Eastern Cape (OR Tambo, Nelson Mandela Bay Metro, Amathole, Alfred Nzo, Buffalo City)
This request for proposals is for a service provider to train paralegals over a two-year period, the details of which are set out below.
2. Objectives of the RFP
The objective of the RFP is to seek a service provider that will:
- On the basis of documentation provided by ProBono to develop training materials to be used for training paralegals on how to promote and respond to human rights related barriers from a legal point of view. The details are set out in Section 3 below.
- Provide training to 230 paralegals at 11 sites across the country with an average of 25 people per training site, the details of which are set out in Section 4 below.
3.Training materials development
3.1. The service provider will be required to develop the training content in a modular form on the basis of the following material that will be provided:
- Human Rights toolkit – a draft is available on request – please email email@example.com;
- Material on HIV and TB and the law in South Africa;
- How to monitor Human Rights abuses; and
- Managing grant funding and governance in community advice offices.
3.2. The service provider can propose the organisation of the training modules but drawing on the above training material must include the following content:
- Nature of HIV, STI and TB epidemic including social and economic drivers;
- Stigma and discrimination;
- Sexual and gender-based violence;
- Key and vulnerable populations – who they are and how to work with them;
- Understanding human rights and why addressing human rights barriers is important in the fight against HIV and TB;
- How laws work, how to find and use legislation;
- Application of relevant South African laws, codes & guidelines, international and case law particularly in respect of the key and vulnerable populations;
- Identifying the correct forum for disputes related to these human rights matters and how to refer clients;
- How to do human rights advocacy and conducting community based legal education;
- Gathering evidence, documenting and monitoring as per Global Fund and ProBono requirements; and
- Managing grant funding/Governance of organisations as per ProBono systems.
3.3. The service provider will be encouraged to draw on information from other existing materials such as:
- The Aids and Rights Alliance for Southern Africa (ARASA);
- HIV and the Law in South Africa: A Practitioner’s Guide edited by Amelia Vkeya Motsepe (2016); and
- Paralegal Manual published by the Education Training Unit & Black Sash (2015).
3.4. Some of the content prepared may also be shared with other service providers providing training and sensitisation to law makers, members of the judiciary, law enforcement officers.
3.5. The modules or course content will not have to comply with existing formally registered skills programmes aligned to unit standards. However, if the course content does comply with formally registered skills programmes this is an advantage.
3.6. The service provider can undertake and include in their costing, a needs analysis to prepare the training content.
3.7. The final deliverable must be available in Word format.
4. Training of paralegals
4.1. The training service provider should be available to train over a period of two years. However, it is envisaged that the training will mostly be done three months after the contract has been awarded and after ProBono has signed off on the training content set out above.
4.2. The targeted training participants will be as follows:
- Paralegals based in Legal Aid SA local offices
- Paralegals answering the Legal Aid SA helpline in the Legal Aid Head Office;
- Paralegals working for/contracted for/volunteering at community advice offices in the 25 Global Fund districts; and
- Human rights defenders and paralegals attached to NGOs working with key and vulnerable populations.
While the exact breakdown of the above has not been finalised, the majority of people to be trained will be paralegals working for Legal Aid SA and in community advice offices.
4.3. The training service provider should quote for 11 training sessions in the following places:
- Johannesburg (three sessions)
- Cape Town
- East London
4.4. Each training session should not involve more than 25 participants, but this will vary across the country. Provision should be made to train 230 people nationwide.
4.5. The training should be up to five days, to be advised by the service provider and must be residential except one of the Johannesburg sessions which will involve the Legal Aid Helpline and ProBono staff. It is possible that there could be fewer days for paralegals attached to Legal Aid who will not require the training related to the governance of community advice offices.
4.6. The training service provider will be responsible for procuring the venue and catering and arranging transport for participants or paying them a transport stipend. No attendance stipend will be allowed.
4.7. ProBono will identify the names of the training participants and provide the service provider with a list of these people and where they will be traveling from. The service provider will be required to follow up with the training participants informing them of the venue and putting in place the transport arrangements.
4.8. It would be an advantage if in some areas the training is done in the language of choice of the participants, provided that the language is one of South Africa’s official languages.
4.9. The training service provider must propose how training should be presented, including the use of manuals, hand-outs, etc. The training service provider is encouraged to use local human resources to assist with the training including lawyers who are on/could be recruited to the ProBono.Org panel.
4.10. The training service provider must assess all training participants. However, these assessments are not required to be in terms of a formal skills programme since the training is not accredited. Certificates should be issued to those that successfully complete the assessment.
4.11. A report including the following should be provided per training session, no later than 10 days after the training session:
- Attendance registers;
- Acknowledgment of receipt for transport stipends if these have been provided;
- Reconciliation of costs incurred, on a template to be provided by ProBono;
- A brief report of proceedings including key issues highlighted by training participants;
- Up to five photographs of the training to be used for reporting purposes; and
- List of people who were successfully assessed.
5. Criteria for service provider
5.1. The service provider must demonstrate that they have a minimum of five years of experience in developing training material and providing/ conducting training in respect of human rights, legal literacy, HIV, STIs and TB.
5.2. It would be an advantage if the service provider can demonstrate:
- Experience in using participatory adult learning techniques;
- Ability to train in Zulu, Afrikaans, Sotho/Tshwane;
- Experience of working with key and vulnerable populations such as LGBTIQ, sex workers, men who have sex with men, people who inject with drugs, mineworkers, undocumented migrants; and
- Drafting of materials in simple language.
6.Contracting and payment modalities
A service level agreement will be signed with the successful service provider setting out inter alia the agreed project plan. Payment will be made upon the achievement of milestones to be agreed on in the service level agreement.
It is possible that further training sessions for paralegals may need to be held. In this event, the appointed service provider will be asked to provide an additional quote for this further training keeping the input costs and assumptions the same. This will be set out in the service level agreement.
7.Quotation Submission and Selection Process
7.1. Bids must be submitted by 12:00 on 9 December 2019 – see the details below.
7.2. Bidders are able to ask clarificatory questions on these terms of reference - please email to firstname.lastname@example.org.
7.3. Firms/organisations are free to include partners or bid as a consortium to assist in the execution of some of all of the Terms of Reference. For example, a firm may want to use a local training provider to conduct the training in a particular area.
7.4. A firm/organisation can also bid for all or only part of the work. ProBono reserves the right to award the work in whole or in part to one or more bidders
7.5. The bid proposal must contain:
- Detailed project proposal as to how the firm/organisation will execute the terms of reference;
- Budget indicating all the cost assumptions;
- At least three pieces of previous work done (either in hard copy, electronic or memory stick);
- Contact details of three references;
- If relevant, tax certificate valid for the last three months of all partners; and
- Copy of last audited financial statements of the bidder or main partner/consortium leader if there is consortium.
7.6 A ProBono and AFSA panel will evaluate the proposal as follows:
|Project proposal||Development of training content||20|
|Training of paralegals||35|
|Experience||In human rights training||10|
|In training on issues of HIV||10|
|In training on issues of TB||10|
|In legal literacy||15|
Proposals that score above 70% will then be evaluated financially and the proposal(s) with the most value for money will be awarded the contract.
PROPOSALS MUST BE SENT TO GIVEN MAZIBUKO AS FOLLOWS:
EMAIL IN PDF: Given@probono.org.za
HAND DELIVERED TO PROBONO.ORG OFFICES, WOMEN’s GAOL, CONSTITUTIONAL HILL