Consultancy for Legal Services to Provide a Legal Opinion on the Breast Milk Substitute Act, 2012 at Kenya Association of Manufacturers

Objective of the Consultancy  

The objective of the Consultancy is to provide legal services to develop a legal opinion on the Breast Milk Substitute Act, 2012; the implication of the Act to manufacturers and the opportunities available for the manufacturers in marketing the products.   

Scope of Work 

The Breast Milk Substitute (Regulation and Control) Act came into force on 17th December 2012 to provide for appropriate marketing and distribution of breast milk substitutes; to provide for safe and adequate nutrition for infants through the promotion of breastfeeding and proper use of breast milk substitutes. Currently, The Ministry of Health is developing The Breast Milk Substitute (General) Regulations on the Act.  The provisions of the Act provide for stringent measures that are negatively affecting the manufacturing sector, making them unable to effectively market their products in an ethical manner.

For this reason, we need a legal expert to develop a legal opinion on the implication of the Act to manufacturers and the opportunities available for the manufacturers in marketing the products.  

Services Required 

KAM requires the provision of a legal opinion on the Breast Milk Substitute Act.   
 
Expected Outputs 

The following are the expected outputs:

A legal opinion   In the course of providing the services, the consultant will be required to:

• Report to and provide regular updates to KAM and the relevant sectors;
• Consult internally with KAM and its members for any relevant information;

 Qualifications of the Consultant

The successful consultant (Individual or Firm) must have extensive experience in offering legal services on the subject matter and must be an advocate of the High Court.  
 
Application for consultancy   

Manner of submission

Applications for the consultancy shall be applied and submitted as follows;
 
Your proposal shall be prepared in the English Language 

Your proposal shall comprise the following documents: 

• Technical component and 
• Financial ( price component) 
• Curriculum Vitae and two recommendations (For a firm should contain CVs for all Consultants involved in the Consultancy)
• Your proposal shall be prepared in duplicate with one marked “original” and the other marked “copy”. In the event of any discrepancy between them, the original shall govern. 
• Please insert dates and address as necessary 

Content of the Proposal 

Technical Component 

Description of the firm and the firm’s qualifications;  

• Valid practicing certificate 2019 
• Copy of Company Certificate of incorporation 
• Tax Compliance Certificate (Valid) 
• Statutory KRA PIN and VAT certificate copies 
• Brief description of Understanding of the requirements for services, including assumptions; 
• Proposed approach and methodology; 
• Proposed team structure; 
• Proposed project team members; 
• Executive brief of relevant similar cases undertaken in the past 2 years.  

 Financial (Price Component) 

• A summary of the price; 
• The period of its validity;  Payment terms (provisions)  Kenya Association of Manufactures policy is to pay for contractual services based on performance of contractual services rendered. 

Evaluation of proposals 

A two stage procedure will be utilized in evaluating the proposals, with evaluation of the Technical component being completed prior to any price component. Scores will be awarded for the technical proposal.  The price component proposal will be opened only for those firms/ institutions whose technical component meets the requirements for the assignment, as indicated by a score of more than 70%.