19GE5024R0009-0001.pdf

19GE5024R0009

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

04/02/2024

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

FRANKCODE

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT

GERMANY

Patticha Gruenbeck

NAME

TEL.

GruenbeckP@state.gov

EMAIL

6. ISSUED BY OPEAQMCODE7. ADMINISTERED BY (If other than Item 6) RPSO Frankfurt OPE/AQM/IP/RPSO Frankfurt Office of Acquisition (AQM) Frankfurt

9A. AMENDMENT OF SOLICITATION NO.

19GE5024R0009

CONTACT: UEI:

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

02/08/2024

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This solicitation is herewith amended incorporate the following changes:

1. Incorporate solicitation questions and answers 1 through 8;

2. Remove the language "PCP forensic lab and other law enforcement agencies" from Section 3.1.3 of the SOW;

3. Remove the language "Follow the guidance provided in Annex D, INL Guide to Developing a PMP.” from Section 3.2.3 of the SOW and correct the website address from www.state.gov/f/indicators/index.htm to https://2009-2017.state.gov/f/indicators/index.htm;

4. Correct the typo from "PMP" to "IIMP" in Sections 3.2.4 of the SOW; and

5. Extend the offer submission date to April 16, 2024.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Nicolas A. Wilhelm

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

04/02/2024

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

CGFS // CGFS

Line Item Summary

Solicitation Number:

19GE5024R0009

Contract Number: Title: ISR - Justice Sector Assistance Program

Date of Solicitation:

04/02/2024

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 BASE YEAR:

CLINs 0001-0010 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

YR

002 FIRST OPTION YEAR:

CLINs 1001-1010 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

YR

003 SECOND OPTION YEAR:

CLINs 2001-2010 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

YR

004 THIRD OPTION YEAR:

CLINs 3001-3010 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

YR

005 FOURTH OPTION YEAR:

CLINs 4001-4010 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 0.00 1.00

YR

Section A - Solicitation/Contract Form Identifier Title Date Number of

Pages 5 RQS 19GE5024R0009.pdf 02/08/2024

Q&A - QUESTIONS AND ANSWERS

Question #001:

Section 3.1.3 Coordinated and Improved Evidence Collection, sub-objective 4): MOJ and PCP and AGO Coordination, the last bullet under Illustrative Activities appears to be incomplete as stated: "PCP forensic lab and other law enforcement agencies.”

Please confirm if there is additional language to be added to this item.

Answer #001:

The mentioned language has been removed from Section 3.1.3 of the SOW.

Question #002:

Section 3.2.3 Performance Monitoring and Evaluation Plan (PMP): The fourth bullet states, “Follow the guidance provided in Annex D, INL Guide to Developing a PMP.”

Please provide the referenced annex.

Answer #002:

The mentioned language has been removed from Section 3.2.3 of the SOW. The guidance for PMP can be found on https://2009-2017.state.gov/f/indicators/index.htm.

Question #003:

Section 3.2.4 Institutional Impact Monitoring Plan (IIMP): A note at the end of this section states: “NOTE: The PMP is focused on the outcome and performance of the targeted institutions to achieve their goals and improve community security by addressing issues at the national level.”

Please clarify whether this note should refer to the PMP or the IIMP?

Answer #003:

This note should refer to the IIMP. The typo has been corrected in Section 3.2.4 of the SOW.

Question #004:

Section 3.5 In-Country Support & Special Projects Funds, states the following: “Offerors shall propose all in-country and off-site administrative, technical, and logistical services and personnel necessary to support the program. Offerors shall include equipment that shall be required for implementation and sustainment of this effort. Equipment and special support required for the Palestinian Authority (PA) is unknown at this time. The offeror shall use “150,000.00 USD or equivalent” as an ODC (Other Direct Cost) plug number for equipment purchases for the PA under the cost reimbursable ODC CLIN in the pricing table for the base year and each option year. Note that any procurement of equipment for the PA and all special projects funds must be approved by the COR before it is procured by the Contractor.”

Please confirm if offerors are able to charge a reasonable fee on ODCs budgeted under the ODC CLINs?

Answer #004:

Confirmed.

Question #005:

Section 3.8 Key Personnel Requirements, states, “The key personnel are listed below must be a U.S. Citizen or Third Country National, eligible to work in Israel and the West Bank.”

Would the U.S. Government consider broadening the requirement to also include CCN staff as Key Personnel? This would expand the candidate pool, enabling selection of the most qualified candidates, capitalizing on CCN staff expertise in the local operating environment and legal landscape, and building managerial capacity of local staff.

Answer #005:

CCN staff are acceptable.

Question #006:

Technical and Cost, Evaluation Factors for Award, Factor 1 – Technical Capability, Item b., indicates that offerors should include their “plan to obtain necessary license and permits as required by local law.” Should offerors include this information in Volume 1 (Price Proposal) or Volume 2? If the information belongs in Volume 2, should offerors address it in the “Company profile” section?

Answer #006:

The information regarding the license and permits shall be included in your company profile submitted in Volume 2.

Question #007:

Section 3.8 Key Personnel Requirements, states, “The key personnel are listed below must be a U.S. Citizen or Third Country National, eligible to work in Israel and the West Bank.” Given that the vast majority of Palestinian Nationals possess Jordanian passports resulting from King Hussein’s recognition of the legitimacy of the Palestinian state in 1988, would DOS recognize dual Jordanian and Palestinian passport holders as TCN’s allowing them to be named as Key Personnel?

Answer #007:

Dual passport holders are acceptable for key personnel.

Question #008:

Section 1.I. Performance Work Statement, Item D, states “The general liability policy required of the Contractor shall name “the United States of America” as additional insured.” It is unusual for the United States of America to be listed as an additional insured;

can DOS please confirm if the Contractor should name the US Department of State/INL as the additional insured?

Answer #008:

The Contractor shall be required to name “the United States of America” or “the U.S. Government” as additional insured.

THE SCHEDULE

CONTINUATION TO SF-1449

RFP NUMBER 19GE5024R0009

PRICES, BLOCK 23

I. PERFORMANCE WORK STATEMENT

A. The purpose of this firm fixed price service contract is to provide services required for Justice Sector Assistance Program (JSAP) to U.S. Embassy Jerusalem, Israel in accordance with the Statement of Work.

B. The quantities set forth in the pricing section are estimates; the Government does not guarantee that such quantities will be ordered. The contract will be for a one-year period from the date of the contract award, with four (4) one-year options.

C. The Firm-Fixed Price shall include all materials, equipment, labor, overhead, profit, general liability insurance, and transportation necessary to deliver the required services. No additional sums will be payable on account of any escalation in the cost of materials, equipment, transportation, general liability insurance or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost, or difficulty in achieving the results required by this contract. The contract price will not be adjusted because of fluctuations in currency exchange rates. Changes in the contract price, or time to complete, will be made only for changes made by the Government in the work to be performed, or by delays caused by the Government. Any costs not priced will be considered to be included in the overhead and other indirect costs.

D. The general liability policy required of the Contractor shall name “the United States of America” as additional insured. The general liability insurance shall be as required by law or as ordinarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims. The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to Government’s property in Contractor’s custody, any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from, and incident to, the Contractor's performance of the work detailed herein. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government. The Contractor shall submit evidence of general liability insurance within 10 calendar days after award.

E. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

F. Defense Base Act (DBA) Insurance:

(a) The Department of Labor has waived the DBA insurance for the countries in paragraph (b) of this subsection. United States citizens or residents and individuals hired in the United States, regardless of citizenship shall be required to obtain DBA insurance.

Evidence of DBA insurance shall be submitted within 15 days of award. The DBA Insurance shall be obtained from any U.S.

Department of Labor (DOL) authorized DBA insurance broker. A list of DOL-authorized insurance brokers is available at the following address: http://www.dol.gov/owcp/dlhwc/lscarrier.htm. DBA insurance cost will be evaluated as part of the total evaluated firm fixed price and included in the firm fixed price of the task order. The Contractor shall be reimbursed for the cost of DBA insurance only upon providing proof of payment.

(b) The DoL has waived DBA insurance for the following countries of performance under this contract: https://www.dol.gov/owcp/ dlhwc/dbawaivers/dbawaivers.htm:

(c) Palestine is not listed on the DOL Active DBA Waiver list and therefore the successful Contractor shall be required to purchase DBA insurance for all his employees working on the project, regardless of nationality.

(d) The Contractor will be reimbursed for DBA insurance only to the extent the contractor provides documentary proof that DBA insurance has been paid and only to the extent quoted in CLINs 0010, 1010, 2010, 3010 and 4010.

G. Minimum and Maximum Amounts: During life of this contract, the Government shall place orders totaling a minimum of $5,000.00 or local currency equivalent. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed $20,000,000.00 or local currency equivalent, which reflects the contract maximum.

H. James Zadroga 9/11 Victims Health and Compensation Act of 2010 Notice: Unless a waiver or exception applies, payments subsequent to this procurement are subject to an excise tax of 2% pursuant to 26 U.S.C. 5000C.

I. Acquisition Method: This is a commercial acquisition as defined in Federal Acquisition Regulation (FAR) 2.101, Definitions, and as describe in FAR part 12, Acquisition of Commercial Products and Commercial Services. Pursuant to FAR 12.102(b), the policies in FAR part 12 are used in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in FAR part 15, Contracting by Negotiation.

II. PRICING

The references in the pricing tables are sections of the Statement of Work (SOW).

BASE YEAR:

BASE YEAR

A B C D E F CLIN Description Unit Quantity Firm-Fixed Price Amount

[D x E] 0001 Program

Management Month 12

0002 AML/CFT and Cybercrime Regime Support (Section 3.1.2)

Month 12

0003 Evidence Collection Support (Section 3.1.3)

Month 12

0004 Women and Justice Support (Section 3.1.4)

Month 12

0005 Public Accessibility and Victim Support Services (Section 3.1.5)

Month 12

0006 Prosecution Case Backlogs (Section 3.1.6)

Month 12

0007 Support to AGO’s Inspection Department (Section 3.1.7)

Month 12

BASE YEAR

A B C D E F CLIN Description Unit Quantity Firm-Fixed Price Amount

[D x E] 0008 AGO Training

Capacity (Section 3.1.8)

Month 12

0009 Office Equipment and Supplies (Section 3.5)*

Lot 1

0010 Defense Base Act (DBA) Insurance

Lot 1

Total Cost (CLINs 0001-0010)

FIRST OPTION YEAR:

FIRST OPTION YEAR

A B C D E F CLIN Description Unit Quantity Firm-Fixed Price Amount

[D x E] 1001 Program

Management Month 12

1002 AML/CFT and Cybercrime Regime Support (Section 3.1.2)

Month 12

1003 Evidence Collection Support (Section 3.1.3)

Month 12

1004 Women and Justice Support (Section 3.1.4)

Month 12

1005 Public Accessibility and Victim Support Services (Section 3.1.5)

Month 12

1007 Support to AGO’s Inspection Department (Section 3.1.7)

Month 12

1008 AGO Training Capacity (Section 3.1.8)

Month 12

1009 Office Equipment and Supplies (Section 3.5)*

Lot 1

1010 Defense Base Act (DBA) Insurance

Lot 1

Total Cost (CLINs 1001-1010)

SECOND OPTION YEAR:

SECOND OPTION YEAR

A B C D E F CLIN Description Unit Quantity Firm-Fixed Price Amount

[D x E] 2001 Program

Management

SECOND OPTION YEAR

A B C D E F CLIN Description Unit Quantity Firm-Fixed Price Amount

[D x E] 2002 AML/CFT and

Cybercrime Regime Support (Section 3.1.2)

Month 12

2003 Evidence Collection Support (Section 3.1.3)

Month 12

2004 Women and Justice Support (Section 3.1.4)

Month 12

2005 Public Accessibility and Victim Support Services (Section 3.1.5)

Month 12

2006 Prosecution Case Backlogs (Section 3.1.6)

Month 12

2007 Support to AGO’s Inspection Department (Section 3.1.7)

Month 12

2008 AGO Training Capacity (Section 3.1.8)

Month 12

2009 Office Equipment and Supplies (Section 3.5)*

Lot 1

2010 Defense Base Act (DBA) Insurance

Lot 1

Total Cost (CLINs 2001-2010)

THIRD OPTION YEAR:

THIRD OPTION YEAR

A B C D E F CLIN Description Unit Quantity Firm-Fixed Price Amount

[D x E] 3001 Program

Management Month 12

3002 AML/CFT and Cybercrime Regime Support (Section 3.1.2)

Month 12

3003 Evidence Collection Support (Section 3.1.3)

Month 12

3004 Women and Justice Support (Section 3.1.4)

Month 12

3005 Public Accessibility and Victim Support Services (Section 3.1.5)

THIRD OPTION YEAR

A B C D E F CLIN Description Unit Quantity Firm-Fixed Price Amount

[D x E] 3006 Prosecution Case

Backlogs (Section 3.1.6)

Month 12

3007 Support to AGO’s Inspection Department (Section 3.1.7)

Month 12

3008 AGO Training Capacity (Section 3.1.8)

Month 12

3009 Office Equipment and Supplies (Section 3.5)*

Lot 1

3010 Defense Base Act (DBA) Insurance

Lot 1

Total Cost (CLINs 3001-3010)

FOURTH OPTION YEAR:

FOURTH OPTION YEAR

A B C D E F CLIN Description Unit Quantity Firm-Fixed Price Amount

[D x E] 4001 Program

Management Month 12

4002 AML/CFT and Cybercrime Regime Support (Section 3.1.2)

Month 12

4003 Evidence Collection Support (Section 3.1.3)

Month 12

4004 Women and Justice Support (Section 3.1.4)

Month 12

4005 Public Accessibility and Victim Support Services (Section 3.1.5)

Month 12

4006 Prosecution Case Backlogs (Section 3.1.6)

Month 12

4007 Support to AGO’s Inspection Department (Section 3.1.7)

Month 12

4008 AGO Training Capacity (Section 3.1.8)

Month 12

4009 Office Equipment and Supplies (Section 3.5)*

Lot 1

4010 Defense Base Act (DBA) Insurance

Lot 1

FOURTH OPTION YEAR

A B C D E F CLIN Description Unit Quantity Firm-Fixed Price Amount

[D x E] Total Cost (CLINs 4001-4010)

*The proposed amounts for Office Equipment and Supplies in are ceiling price. The Contractor will be reimbursed for only to the extent quoted in CLINs 0009, 1009, 2009, 3009 and 4009.

STATE CURRENCY: __________________________________

TOTAL CONTRACT PRICE

Total Base Year Total First Option Year Total Second Option Year Total Second Option Year Total Second Option Year Grand Total

III. ATTACHMENTS

• Attachment 1: W-14 Forms

• Attachment 2: W-14 Instructions

• Attachment 3: Price Proposal Breakdown

• Attachment 4: Information Regarding Third Country Nationals (TCNs)

CONTINUATION TO SF-1449,

RFP NUMBER 19GE5024R0009

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

STATEMENT OF WORK

1. INTRODUCTION

The United States Government (USG) supports the establishment of transparent, accountable, and credible civilian justice and security institutions managed by the Palestinian Authority (PA), as well as development and adherence to the rule-of-law within the West Bank and the creation of a Palestinian state, existing side-by-side with Israel in peace and security.

The Justice Sector Assistance Project (JSAP) is the Bureau of International Narcotics and Law Enforcement Affairs’ (INL) primary contracted rule-of-law initiative in the West Bank. From 2007 to 2019, INL developed and managed civilian justice and security sector assistance programming, supporting PA justice and law enforcement institutions. Primary focus was partnership with the Palestinian Civil Police (PCP), the Security Forces Justice Commission (SFJC), the Attorney General’s Office (AGO), and Public Prosecutors. INL also supported legal-aid for indigents and juveniles and the development of a sustainable legal-aid system.

2. CURRENT STATUS

Under provisions of the Oslo Accords, the West Bank is divided into three geopolitical areas:

1. Area A (18% of the West Bank) which is under PA civil and security control;

2. Area B (22%), under PA civil but Israeli security control; and

3. Area C (60%) under complete Israeli civil and security control.

PA security forces (PASF) lack freedom of movement and access in Areas B and C without being granted Israeli approval first.

Compounding this situation is the adverse effect that Israeli Defense Force (IDF) incursions into Area A has on the PCP, which must step aside and defer to the IDF action. Similarly, fugitives from Palestinian justice are typically able to flee to areas under Israeli security control, with little fear that they will be returned to or extradited to the PA. The foregoing has had an adverse impact on the ability of civilian security and justice agencies to perform their respective roles, enforce Palestinian law, and provide citizens with prompt and effective justice. Promulgation of new laws comes from Presidential decrees and not from an independent legislative branch of government. Separation of powers and the lack of independence of separate branches of government are a serious concern.

Civilian law enforcement needs proper facilities and equipment for staff to perform their duties and for the public to access services.

Unfortunately, the PCP, Customs Police (CP), AGO, public prosecutors and the judiciary have neither sufficient infrastructure nor adequate equipment, negatively impacting service delivery.

INL’s 2021 Assessment concluded that, given limited availability of funding, INL’s programmatic efforts should focus on the following areas:

• Enabling efficient, effective strategic, transparent, and accountable human resource practices and material support to address human resource technology needs in both law enforcement and justice agencies. Improving criminal investigation capacity to tackle complex crimes, to include money laundering, cybercrime, and organized crime;

• Improving the services police and justice institutions provide to the public including increasing accountability, thereby boosting public perception and confidence in these institutions; and

• Raising awareness by victims of domestic violence, particularly women, to their access of available services.

Moreover, both the Ministry of Interior’s (MOI) PCP and the Ministry of Justice’s (MOJ) forensic laboratories need to improve subject matter expertise, facilities, and equipment. INL’s experience suggests a critical need for forensic labs to cooperate on training and operations. Laboratories also must have concrete plans to obtain/maintain professional certifications of personnel and equipment.

A sine qua non of INL support will be the laboratories’ agreement and plan to maintain equipment and qualified personnel. It is against this backdrop that INL’s assistance aims to support the PA in building professional and effective criminal justice institutions.

The focus of this Scope-of-Objectives will be on the Palestinian civilian justice system.

3. WORK REQUIREMENTS

The Contractor shall develop and implement flexible, timely, and innovative approaches to support Palestinian civilian justice efforts to improve the rule-of-law in the West Bank, in a manner which promotes accountability, transparency, human rights, and public respect.

Specifically, the contractor shall:

• Provide technical and intellectual leadership.

• Consult, seek input from and coordinate with PA institutions, civil society, and the international sectors to develop and implement plans which further overall mission goals and have the support of the implicated PA agency.

• Emphasize efforts and outcomes which are sustainable.

• Develop and implement plans which are complementary to efforts taken by PA institutions, international organizations, and civil society.

• Encourage cross-sector cooperation and complementary efforts, particularly where agencies share similar and mutually beneficial roles and responsibilities (ex. Anti-money Laundering/Counter Financing of Terrorism (AML/CFT) and Cybercrime Regimes, Coordinated Evidence Collection).

• Develop and adopt approaches which are fiscally conservative and responsible.

• Propose and request INL approval for recommended sequential and parallel programming implementation, as appropriate.

3.1 PROGRAM REQUIREMENTS

3.1.1 Goal, Performance and Monitoring Plan, Illustrative Activities

INL’s Justice Sector Assistant Project V (JSAP V) seeks to strengthen the civilian rule-of-law in the West Bank by improving institutional capacity to investigate and prosecute criminal activity in accordance with universal standards of justice and human rights.

In addition, government authorities and citizens will gain a better understanding of security and criminal threats and will act with mutual respect to address these threats.

After three years, the Financial Follow-up Unit, Ministry of Justice, Attorney General’s Office, Public Prosecutors, and Legal Aid will have measurably improved civilian justice efforts to respond to crime in a manner which recognizes and respects human rights.

Overall program goals are expected to foster bodies and mechanisms which:

• Are responsive to citizen concerns regarding crime and security;

• Strengthen coordination between justice and law enforcement entities;

• Are transparent in their approach and respect for fundamental values of human rights;

• Deliver prompt and effective outcomes, in accordance with universal standards of justice and which recognize the rights of women, juveniles, indigents and other marginalized groups.

The contractor will develop a performance monitoring plan that will incorporate project goals and deliverables that explicitly link to INL’s strategic goals. INL’s strategic goals include, inter alia:

• Recognition that the core components to effective criminal justice systems are: law enforcement, prosecution, civil society, criminal defense, the judiciary, and corrections.

• Basic justice and security are essential for stability and are enhanced by public trust.

• Principles of transparency, integrity, and accountable governance.

• Promote criminal justice institutions which respect human rights and are responsible to the needs of all members of a community, including marginalized, underserved, and underrepresented communities.

• Disruption of transnational crime.

• Advance the rule-of-law and combat corruption and illicit financing.

• Improve ability to counter cybercrime.

• Improve anti-money laundering.

• Promote human rights and provide fair and equal justice to all citizens.

• Counter cybercrime and promote cybersecurity.

Illustrative Activities

The below listed Illustrative Activities for each Objective are not all inclusive but highlight key efforts that are most likely necessary to accomplish these Objectives.

The Contractor shall develop a technical approach that enables and facilitates these listed Activities, as well as Activities suggested by the Contractor and approved by INL. Program success will largely be measured by achievements of targeted outcomes, with activities and outputs being the tools to achieve outcomes, and not ends in and of themselves.

3.1.2 Collaborative AML/CFT and Cybercrime Regime

Objective: Prosecutors, law enforcement, the FFU and banking system successfully conduct a cooperative anti-money laundering, countering terrorist financing and anti-cybercrime regime which will effectively and collaboratively investigate and prosecutor money laundering, terrorist-financing, and cybercrime.

Supporting Sub-Components

1) Integrated Foundation

Sub-Objective: Prosecutors, law enforcement, the FFU, and banking system share a collaborative and integrated foundation, supporting the identification of AML/CFT and cybercrime risks, as well as development and implementation of a collectively agreed plan/approach for investigations and prosecutions.

• Assess the existing capacity of public prosecutors, law enforcement, the FFU, and Palestinian banks to identify AML/CFT, and cybercrime risks, as well as conduct investigations, successful prosecutions, and freeze/confiscate illegal assets.

• Develop and implement a plan to improve capacity to collaboratively investigate and prosecute money laundering, terrorist financing, and cybercrime cases.

• Negotiate a collaborative memorandum between relevant parties, setting forth respective responsibilities, goals (including M&E targets), and procedures.

• Design a curriculum and provide the agencies with individual and collective training, improving capacity and coordination.

• Assess current laws and decrees relating to money laundering, terrorist financing, terrorism, and cybercrime and recommend proportionate, effective and dissuasive consequences in the form of both civil and criminal consequences.

2) Criminal Investigations

Sub-Objective: Public prosecution and designated law enforcement authorities with responsibility for money laundering, terrorist financing, and cybercrime investigations are able to conduct thorough and successful investigations, including investigation of associated predicate offenses.

Illustrated Activities

• Competent authorities are trained to use compulsory measures for the production of records held by financial institutions, designated non-financial businesses and professions (DNFBPs), and other natural or legal personnel, for the search of persons and premises, for taking witness statements, and for the seizure and obtaining of evidence.

• Collaborate with the relevant authorities, with the latter proposing necessary regulatory and legal changes to afford appropriate law enforcement and regulatory authorities to conduct investigations and report findings/evidence and ensure that competent authorities have the legal authority to stop or restrain currency or bearer negotiable instruments that are suspected to be related to terrorist financing, money laundering, cybercrime, or predicate offenses.

• Competent authorities are trained in various investigative techniques, permitted under existing statutes, including, as applicable, the following: undercover operations, intercepting communications, accessing computer systems, controlled deliveries, and techniques for tracing, freezing, and confiscating suspected illegal assets.

3) Prosecution of AML/CFT and Cybercrime

Sub-Objective: Prosecutors are able to successfully prosecute cases of AML/CFT and cybercrime, as well as related predicated offenses.

• A highly qualified mentor(s) works with and is perhaps embedded with the AGO’s financial crime unit, or other appropriate entity, to prepare a training curriculum, participate in training public prosecutors, and mentor on active cases of money laundering, terrorist financing, and cybercrime.

• Prosecutors receive training in money laundering topologies, predicate offenses, and the basics of being able to forensically trace purported illegal assets, both within West Bank financial networks and outside the West Bank. Emphasis will be placed on criminal scenarios which are prevalent in the region.

• Prosecutors will also receive training to address those instances where although a criminal conviction is not secured, authorities pursue other measures to disrupt terrorist financing activities.

4) Banking Services

Sub-Objective: Complementing the above-described initiative to improve prosecutions of AML and terrorist financing, the PA will have in place a comprehensive system to monitor and supervise the banking system, money changers, and all other appropriate non-bank entities for potential abuse by money launderers, terrorist financers, and cybercriminals.

• Conduct a review of laws/decrees and make recommendations for necessary amendments.

• Develop AML/CFT supervisory policies and procedures.

• Conduct training programs for bank personnel and employees of non-bank entities subject to AML/CFT laws/decrees.

• Identify baseline metrics to measure financial institution regulatory compliance and cooperation with law enforcement, prosecution, and the FFU. Said metrics will include tracking suspicious transaction reports (STR).

5) FFU, Financial Investigations and Analysis

Sub-Objective: The Palestinian Monetary Authority’s Financial Follow-up Unit (FFU) will have increased capacity to conduct both analytic analysis and financial investigations of suspicious financial transactions, including, but not limited to, money laundering and terrorist financing.

• Assess and identify those investigation aspects where the FFU would benefit from improved investigation and analytic capacity, as well as improved partnership with law enforcement and prosecution to investigate financial crimes, particularly money laundering, terrorist financing, cybercrime, and transactions involving virtual assets.

• Provide training to the FFU team of investigators/analysts and support staff to improve financial investigation/analytical skills and improve the outcomes of investigations of suspicious financial transactions and suspected terrorist financing and fraud.

• Provide joint training with prosecutors, law enforcement, and banks to improve sharing of information, promote joint investigations, and increase the number of suspicious transaction reports (STR).

• Imbed a qualified “mentor” to provide daily training/guidance, as well as advice on active investigations.

• Provide training to improve capacity to trace suspected illicit funds, as well as ability to freeze and confiscate suspected illegal assets.

• Improve analytical software and utilization to better process and analyze STRs.

• Provide guidance to the FFU through the current Middle East North Africa Financial Action Task Force (MENAFATF)

Mutual Evaluation process, as well as provide post-evaluation assistance in development of a remedial plan and steps to address the findings of the Mutual Evaluation and submission of follow-up reports to MENAFATF.

• Assist the FFU in updating its own National Risk Assessment via contribution of analysis and inclusion of, inter alia., risk assessments for specific types of identified money laundering.

• Identify baseline data with respect to critical aspects of the FFU’s investigative and enforcement actions to better identify and track program success and outcomes.

3.1.3 Coordinated and Improved Evidence Collection

Objective: Law Enforcement, Public Prosecutors, and the Ministry of Justice share an integrated, collaborative, and effective process for gathering, processing, and managing physical evidence and for gathering information and evidence from suspects, witnesses, and victims.

1) Crime Scene Processing

Sub-Objective: Prosecutors, PCP criminal investigators, and MOJ crime lab specialists have defined roles and partner at an early stage and are better able to identify, secure, collect, process, catalog, and store criminal evidence.

• Assess the existing capacity of police, prosecutors, and the MOJ to process crime scenes, share information, and secure and maintain criminal evidence.

• Develop and implement a plan to improve crime scene processing and process and store criminal evidence.

• Develop a written protocol for processing crime scenes, which includes the responsibilities of the relevant law enforcement agencies to secure a crime scene, agree on an incident-specific plan, document and process the scene, record, collect, transport, submit and process evidence.

• Identify and secure the tools needed to process and collect evidence.

• Assess evidence storage capabilities, make recommendations, and, with INL approval, implement recommendations.

2) Prosecutors Interview/Interrogation

Sub-Objective: Public prosecutors are better able to conduct skillful interviews of victims, witnesses, and suspects in a manner fully consistent with the rights of the individual.

• Assess the capacity of prosecutors to conduct interviews of victims, witnesses, and suspects.

• Develop and implement a plan to improve prosecutor interview skills.

• Provide training to prosecutors.

• Assess the office and logistic capacity of public prosecutors’ offices and make recommendations for critical improvements to facilitate effective and lawful interviews of suspects, victims (including women and children), and witnesses.

• Develop a written protocol/manual to inform prosecutors on successful interview techniques and use for ongoing training.

3) MOJ Toxicology and Medical Forensic Laboratory

Sub-Objective: The MOJ’s Forensic Laboratory will be able to process crime scenes and conduct laboratory tests to determine the presence and admissibility of evidence of narcotics, toxins, and other evidentiary substances that is recovered from crime scenes.

Illustrated Activities

• Assess current function and capacity of the MOJ’s Toxicology Lab to collect and examine evidence samples collected as part of criminal investigations.

• Reach an understanding with the MOJ so that program achievements, including equipment, supplies, and MOJ personnel training/certifications are sustainable and properly maintained and supported by MOJ, once INL’s mission concludes.

• With INL’s approval, secure forensic testing equipment and supplies adequate to run the lab for a period of two years, after which the MOJ will assume sustainable responsibility to maintain equipment, testing supplies, staffing certifications, and ongoing training.

• Provide training to lab staff which enables evidence collection, processing, security, and court submission consistent with accepted forensic standards.

• Prepare a Manual which, inter alia., describes the function of the lab and services.

• Prepare a curriculum and instruct MOJ trainers who will provide ongoing instruction to prosecutors, law enforcement, and

MOJ staff on the function of the Lab, securing a crime scene, collection and preservation of physical evidence, crime scene processing, evidence analysis, and court presentations.

4) MOJ and PCP and AGO Coordination

Sub-Objective: The MOJ’s Toxicology Laboratory, PCP Forensic Laboratory, AGO, and Public Prosecutors in the West Bank have an operational knowledge of their respective roles, responsibilities, and capacities. Where necessary, corresponding lab functions, protocols and trainings are coordinated.

Illustrated Activities

• Facilitate a memorandum of understanding among the MOJ, law enforcement, and the AGO which sets forth the function of the MOJ’s Toxicology Lab and the agreed protocol for engagement of the Lab with respect to crime scenes and processing of evidence.

• A training curriculum is prepared which covers the respective roles, responsibilities, processes, and cooperative understanding among the MOJ’s Toxicology Lab, the PCP Forensic Lab, the AGO, Public Prosecutors, and other agencies as needed.

• Training and “train-the-trainers” is provided to the foregoing institutions so that each maintains institutional knowledge and training capacity to cooperatively process crime scenes and present findings in court proceedings.

3.1.4 Women and Justice

Objective: The Palestinian criminal justice system provides prompt, sensitive and respectful services to women who come into contact with the civilian justice system and women will be afforded full due process.

Illustrated Activities

• Implementer will work with the AGO, law enforcement, Ministry of Women’s Affairs (MOWA), and other related agencies to assess current laws, decrees, and regulations affecting the rights of women and their experience with the criminal justice system.

• Implementer will work with law enforcement, the AGO, MOWA, health agencies, and other relevant entities to identify ways in which agencies can share interview and investigative information/reports and minimize the number of times a woman is interviewed and must retell traumatic events surrounding her victimization. Written protocols/manuals will be developed to memorialize policies and instruct agencies.

• Work with the AGO and law enforcement and develop pilot “one-stop-shops” in Tulkarem and Bethlehem in which law enforcement and prosecutors collaborate on conducting interviews of women victims/witnesses and notes/reports are shared between the agencies, thereby reducing traumatic and inconvenient interviews with women who are crime victims.

• Explore the possibility of police, prosecutors, and health agencies all using the same case file, making it easier to identify records across agencies and reduce instances of confusion regarding case status, as well as loss of files.

• Assess the logistics and physical space used to interview women in both law enforcement and prosecutors’ offices in Tulkarem and Bethlehem. Recommend upgrades said facilities, as needed, to ensure security and privacy during the interview process.

• Work with the AGO and assess the amount of time taken from the point a gender-violence case is opened by a Public Prosecutors Office (PPO) until a prosecution recommendation is made by the PPO. Target enactment of an AGO policy which requires a decision be made within three business days.

3.1.5 Public Accessibility and Victim Support Services

Objective: The AGO and Public Prosecutors’ Offices will promote public access, as well as victim support services for crime victims.

• There will be a public perception survey to gauge challenges and inform program design. The general focus of the survey will be to determine public perception of prosecution services and identify aspects of prosecution function which need improvement.

• There will be a public awareness campaign to inform the public of its rights and access to services.

• Where feasible, public prosecutors’ offices will be renovated to facilitate public access and suitable waiting.

• Assess and pilot a program that introduces online public access to prosecution services, including case status and electronic/online ability to lodge a complaint against the AGO or PPO.

• The implementer will work with the AGO and identify a PPO with which to establish a pilot Victim Support Program, the results of which will inform development of the establishment of Victim Support Services in Public Prosecutors’ Offices across the West Bank.

Victim Support Services will include the following:

• • Information on services available to crime victims, particularly women.

• Notification of important case developments.

• Right to submit a Victim Impact Statement.

• Have any property taken returned to the victim.

• The AGO and the Ministry of Interior’s Corrections and Rehabilitation Center Department will partner and develop a pilot initiative whereby crime victims are given timely notification of events such as an inmate’s release, transfer, escape, or death.

• Development of a curriculum on the rights of crime victims and training PPO staff to support and provide services to crime victims.

• Their right to submit a victim-impact statement.

• Know the status of the investigation and prosecution of the crime and timely notice of court proceedings.

• Have personal property which is being held for evidentiary purposes maintained in good condition and returned as soon as it is no longer needed for evidentiary purposes.

• Where the victim may receive medical and social services.

• Their right to full and timely restitution.

• The AGO’s Planning/Training office has curriculum and provides training to PPO prosecutors and staff on the rights of crime victims.

3.1.6 Prosecution Case Backlogs

Objective: Public Prosecution offices will reduce backlogs in a manner consistent with the rights of crime victims and suspects and PPOs will have infrastructure supporting case-information integrity and information access.

• Implementer will assess each public prosecution office and determine the relative case backlogs and identify baseline data to provide analysis, and measure program success in reducing backlogs.

• Implementer will prepare and submit a report to the AGO, public prosecutors’ offices, and INL on assessment findings.

• Assess technological resources, with focus on data integrity, infrastructure, and access to casefile information.

• Develop and implement a plan to reduce case backlogs in those offices with unacceptable case backlogs.

• Staff will be trained on practice and measures will be put in place to reduce backlogs.

3.1.7 AGO’s Inspection Department

Objective: The AGO’s inspection department promotes transparency, accountability, integrity, internal performance standards and hiring/promotion processes for public prosecution.

• Assess department’s responsibilities and procedures.

• Develop and implement a plan to establish procedures for hiring, promotion, and discipline which are transparent and ethical.

• Prepare an Employee Handbook which includes, inter alia., AGO policies, guidelines, employee benefits, a code-of-conduct, and the complaint process.

• Prepare and implement a process for filing and processing complaints against AGO and public prosecutor staffs which may be brought by the public or by staff of the AGO or PPOs.

3.1.8 AGO Training Capacity

Objective: The AGO’s Planning/Training Department will have an updated curriculum and train-the-trainers program, which targets, inter alia., training for prosecutors and staff on investigation, prosecution, and administrative subject matter which supports capacity to investigate complex crimes, crime scene procedures, judicial inspection, and case management.

• Implementer will partner with the AGO’s Planning Office to establish and update training curriculum supporting public prosecutors and administrative staff goals regarding the investigation of complex crimes, processing of crime scenes, evidence handling, judicial inspection, case management, and the rights of crime victims.

• Implementer will partner with the AGO’s Planning Office to promote ongoing and sustainable training by the Planning Office with establishment of a train-the-trainers program.

3.2 PROGRAM DESIGN, MONITORING, AND EVALUATION

3.2.1 Results Framework: In the technical proposal, offerors shall include a Results Framework. The Results Framework is a succinct diagram that depicts what a project intends to achieve and the necessary steps for getting there through a logical sequence of cause-and-effect between specific activities and intended results. The Results Framework diagram must be accompanied by a narrative that provides more explanation of intended results and the activities that the project will implement to achieve them.

3.2.2 Work Plan: In the technical proposal, Offerors shall include a draft work plan that is illustrative of the offeror’s ability to prepare and execute such a plan. Upon award, the Contractor shall submit a detailed work plan within 45 calendar days to INL/ Jerusalem, INL/DC, and the Contracting Officer Representative (COR). Once approved by the COR, the work plan shall guide the substantive work of the program, although it may be amended by mutual agreement with INL as necessary to reflect changing conditions on the ground. The work plan shall be updated and submitted to INL for approval on an annual basis.

3.2.3 Performance Monitoring and Evaluation Plan (PMP): After award, the Contractor shall submit a detailed PMP within 60 calendar days to the INL COR, INL/Jerusalem and INL/DC. Once approved by the COR, the PMP shall serve as the key tool for planning monitoring and evaluation activities. The detailed PMP must establish indicators that measure progress towards intended results identified in the Results Framework. Indicators should be identified for project outputs, key milestones, and outcomes. The detailed PMP must identify baselines (i.e. the value/relevance of an indicator before implementation) and targets (i.e. the specific, planned measurement of a result to be achieved) for each indicator. Baselines and targets are important because they help INL identify the extent to which a change has occurred at each level of results.

The detailed PMP shall:

• Include data sources collection methods, and frequency of measurements;

• Include at least two Foreign Assistance Standardized Program Structure Indicators in their Performance

Monitoring Plan. Complete information on Department indicators can be found on the State Department Website:

https://2009-2017.state.gov/f/indicators/index.htm; and

• Disaggregate data into categories (e.g. by gender, geographic area, etc.), show data sources (e.g. obligation documents, program reporting, pre and post surveys, etc.), explain data collection methodologies, and list frequency of data collection.

In the technical proposal, however, offerors must include only a brief but specific summary of how they would monitor project performance.

3.2.4 Institutional Impact Monitoring Plan (IIMP): After award, the Contractor shall submit a detailed IIMP within 90 calendar days to the COR, INL/Jerusalem, and INL/DC. Once approved by the COR, the IIMP shall serve as the key tool for monitoring the institutional impact of rule-of-law (ROL) and relevant activities. The detailed IIMP must identify baselines (i.e. the value/relevance of an indicator before implementation) and targets (i.e. the specific, planned measurement of a result to be achieved) for institutional justice and security sector agencies prior to the project implementation (and improvement in areas where the project already exists).

Indicators should be identified that tie into INL strategic goals, transnational organized crime, narcotics trafficking, community policing efforts, and other priorities identified by INL.

The IIMP shall:

• Include data sources collection methods, and frequency of measurements; and

• Disaggregate data into categories (e.g. by agency, geographic area, etc.), show data sources (e.g. government officials, program reporting, pre and post surveys, etc.), explain data collection methodologies, and list frequency of data collection.

The IIMP must include qualitative and quantitative measures for each indicator to fully demonstrate institutional impact.

NOTE: The IIMP is focused on the outcome and performance of the targeted institutions to achieve their goals and improve community security by addressing issues at the national level.

3.3 WINDOWS OF OPPORTUNITY

Identify and take advantage of windows of opportunity in furtherance of program goals that may present themselves during the life of the project.