RFP_SOL-72016718R00003_Justice_Matterl.pdf

72016718R00003

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

REQ-167-18-00000712/06/2017

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USAID/KOSOVO

USAID/Kosovo - RCO Ismail Qemali (Arberia), House no.1 Pristina, Kosovo 10000

1700 A 01/31/2018

Dukagjin Hasani dhasani@usaid.gov

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PAGE(S)

Nadeem Shah

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

1-5 6-8

9-16 17-18 20-27 28-30 31-44

45-52

54-65

66-73

74-77

RFP No: 72016718R00003 Justice Matters activity in Kosovo

Contents

PART I – SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE STATEMENT

B.2 CONTRACT TYPE

B.3 ESTIMATED COST, FIXED-FEE, AND OBLIGATED AMOUNT

B.4 CONTRACT BUDGET AND CEILINGS

B.5 INDIRECT COST

B.6 ADVANCE UNDERSTANDINGS ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

B.7 COST REIMBURSABLE

B.8 PAYMENT OF FIXED FEE

SECTION C – STATEMENT OF WORK

C.1 TITLE OF ACTIVITY

C.2 BACKGROUND

C.3 THEORY OF CHANGE

C.4 OBJECTIVES

C.5 GUIDING PRINCIPLES

C.6 GRANTS UNDER CONTRACT (GUC)

C.7 DONOR COLLABORATION

C.8 MONITORING, EVALUATION AND LEARNING

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING

D.3 BRANDING AND MARKING POLICY

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PLACE OF PERFORMANCE

F.3 PERIOD OF PERFORMANCE

F.4 KEY PERSONNEL

F.5 PERFORMANCE STANDARDS

F.6 REPORTS AND DELIVERABLES OR OUTPUTS

F.7 DISTRIBUTION OF PROJECT MATERIALS, PARTICIPATION PARTNER MEETINGS

AND PUBLIC EVENTS

F.8 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE

DOCUMENTS (Sept 2013)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

G.2 CONTRACTING OFFICER'S AUTHORITY

G.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.5 PAYMENT AND INVOICES

G.6 ACCOUNTING AND APPROPRIATED DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

H.2 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012)

H.3 AIDAR 752.7027 PERSONNEL (DEC 1990)

H.4 INSURANCE AND SERVICES

H.5 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007)

H.6 AUTHORIZED GEOGRAPHIC CODE

H.7 LOGISTIC SUPPORT

H.8 EXECUTIVE ORDER ON TERRORISM FINANCING

H.9 PROHIBITION AND ASSISTANCE TO DRUG TRAFFICKING

H.10 GRANTS UNDER USAID CONTRACT

H.11 752.7007 PERSONNEL COMPENSATION (JUL 2007)

H.12 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.13 LANGUAGE REQUIREMENTS

H.14 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.15 CONSENT TO SUBCONTRACTS

H.16 INTERNATIONAL TRAVEL APPROVAL

H.17 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

H.18 ENVIRONMENTAL COMPLIANCE AND REQUIREMENTS

H.19 GENDER CONSIDERATION

H.20 USAID IMPLEMENTATION OF SECTION 508 OF THE REHABILITATION ACT OF 1973

AND FEDERAL ACQUISITION CIRCULAR (FAC) 97-27 "ELECTRONIC AND INFORMATION

TECHNOLOGY ACCESSIBILITY

H.21 AIDAR 752.222-71 NONDISCRIMINATION (JUNE 2012)

H.22 AIDAR 752.222-70 USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004) . 41

H.23 ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (AUG 2013)

H.24 ADS 302.3.5.22 SUBMISSION OF DATASTS TO DEVELOMENT DATA LIBRARY (OCT

2014) 42

H.25 ELECTRONIC PAYMENTS SYSTEM

PART II CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 AIDAR 752-252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015) .. 47

I.3 FAR 52.204-1, APPROVAL OF CONTRACT (DEC 1989)

I.4 FAR 52.247-67, SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB

2006) 48

I.5 FAR 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (APR 2015)

I.6 AIDAR 752.7032, INTERNATIONAL TRAVELAPPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014)

I.7 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016)

I.8 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007)

I.9 AIDAR 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

PART III LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

PART IV REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ... 54

K.2 FAR 52.204-8, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

K.3 FAR 52.209-5, CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

K.4 FAR 52.209-7, INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) . 59

K.5 FAR 52.209-11 REPRESENTATION BY CORPORATION REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDRAL LAW (FEB 2016)

K.6 FAR 52.222-22, PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.7 FAR 52.222-25, AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.8 FAR 52.230-1, COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

(OCT 2015)

K.9 FAR 52.230-7, PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES

(APR 2005)

K.10 FAR 52.203-18, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS –

REPRESENTATION (JAN 2017)

K.11 SIGNATURE

SECTION L – INSTRUCTIONS TO OFFERORS

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) 66

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.4 GENERAL INSTRUCTIONS TO OFFERORS

L.5 SUBMISSION/DELIVERY INSTRUCTIONS

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

SECTION M – EVALUATION CRITERIA

M.1 GENERAL INFORMATION

M.2 TECHNICAL EVALUATION CRITERIA

M.3 EVALUATION OF PAST PERFORMANCE

M.4 COST PROPOSAL EVALUATION

M.5 DETERMINATION OF COMPETITIVE RANGE

M.6 SOURCE SELECTION

PART I – SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE STATEMENT

The purpose of the Justice Matters activity in Kosovo is to improve access to justice for all, inclusive of disadvantaged and marginalized groups, through strengthening the institutions, actors, and processes for providing legal aid, services, and information.

B.2 CONTRACT TYPE

This is a Cost Plus Fixed Fee Completion type Contract for an estimated duration of three (3) years. For the consideration set forth below, the Contractor shall provide the deliverables or outputs described in Sections C, and F, and comply with all contract requirements.

B.3 ESTIMATED COST, FIXED-FEE, AND OBLIGATED AMOUNT

a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is TBD. The fixed fee, if any, is TBD. The estimated cost plus fixed fee, if any, is TBD.

b) Within the estimated cost plus fixed fee (if any) specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is TBD. The Contractor shall not exceed the aforesaid obligated amount.

c) Funds obligated hereunder are anticipated to be sufficient through TBD. Funding for this contract will be on an incremental basis, subject to the availability of funds.

B.4 CONTRACT BUDGET AND CEILINGS

Cost Category Total

1) Direct Costs TBD

2) Grants under the Contract $125,000

3) Indirect Costs TBD Total Estimated Cost TBD

Fixed Fee TBD Total Estimated Cost Plus Fixed Fee TBD

These amounts may not be adjusted without a written modification signed by the Contracting Officer. The contractor will not bill any amounts against this contract in excess of the amounts specified for each line item as illustrated above.

B.5 INDIRECT COST

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs shall be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

Description Rate Base Type Period

% 1/ 1/ 1/ % 2/ 2/ 2/ % 3/ 3/ 3/

1/Base of Application:

Type of Rate:

Period:

2/Base of Application:

Type of Rate:

Period:

3/Base of Application:

Type of Rate:

Period:

B.6 ADVANCE UNDERSTANDINGS ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

(a) Reimbursement for indirect costs shall be at the lower of the negotiated final (or predetermined) rates or the following ceiling rates:

Description Rate Base Period

% 1/ 1/ % 2/ 2/ % 3/ 3/

1/ Base of Application:

Period:

2/ Base of Application:

Period:

3/ Base of Application Period

(b) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform to the lower rates.

(c) This understanding shall not change any monetary ceiling, obligation, or specific cost allowance or disallowance. Any changes in classifying or allocating indirect costs require the prior written approval of the Contracting Officer.

B.7 COST REIMBURSABLE

The U.S. dollar costs allowable will be limited to reasonable, allocable, and necessary costs determined in accordance with FAR § 52.216-7, “Allowable Cost and Payment,” FAR § 52.232-20, “Limitation of Cost,” and FAR § 52.232-22, “Limitation of Funds,” if applicable, and AIDAR 752.7003, “Documentation for Payment.”

B.8 PAYMENT OF FIXED FEE

USAID will pay a proportion of the contractor’s fixed fee each month pursuant to FAR § 52.216-8, “Fixed Fee,” upon the receipt of an invoice deemed proper by the USAID/Kosovo Financial Management Office.

The paying office is USAID/Kosovo, Financial Management Office, as specified in Section G.5.

[END OF SECTION B]

SECTION C – STATEMENT OF WORK

Acronym List

CCBE Council of Bars and Law Societies of Europe CCPCJ Commission on Crime Prevention and Criminal Justice CLARD Center Legal Aid and Regional Development CO Contracting Officer COE Council of Europe COR Contracting Officer’s Representative CSGD Center for Social Group Development CSO Civil Society Organization E4E Engagement for Equity ECHR European Convention on Human Rights ECMI European Center for Minority Issues FLAC Free Legal Aid Council FLAA Free Legal Aid Agency GoK Government of Kosovo GUC Grants Under Contract IDP Internally Displaced Persons JSSP Justice System Strengthening Program KBA Kosovo Bar Association KJC Kosovo Judicial Council KWN Kosovo Women's Network LGBTI Lesbian, Gay, Bisexual, Transgender, and Intersex MEL Monitoring, Evaluation and Learning MOJ Ministry of Justice OSCE Organization for Security and Co-operation in Europe PRP Property Rights Program RAEN Roma, Ashkali and Egyptian Network RROGAEK Egyptian Women of Kosovo Organization TOC Theory of Change UN United Nations UNDP United Nations Development Programme USAID United States Agency for International Development YIHR Youth Initiative for Human Rights

C.1 TITLE OF ACTIVITY

Justice Matters

C.2 BACKGROUND

In Kosovo, access to justice remains an important component of the legal reform process and ongoing efforts to strengthen the rule of law. Poor access to justice and legal information for the population, especially disadvantaged and marginalized populations, continues to erode confidence in the justice system institutions, actors, and processes. Kosovo’s justice institutions have undertaken efforts to provide better access to justice for all. However, as identified through multiple assessments1, the most disadvantaged and marginalized groups in Kosovo continue to lack legal information as well as assistance and services to effectively address rights violations, resolve disputes, and use the law in their daily lives.

This is particularly the result of an inconsistent functioning of the legal aid system in Kosovo. The legal aid system is still developing and needs strengthening in order to ensure and guarantee access to justice for all members of Kosovo society. Strengthening the system is necessary to bridge the justice gap between the level of legal assistance available and the level that is necessary to meet the needs of the poor, including those who are disadvantaged and marginalized on account of ethnicity or religion, physical and mental disability, or sexual and gender identity.

Kosovo’s Constitution has given free legal aid the status of a basic human right, by affirming that “Free legal assistance shall be provided to those without sufficient financial means if such assistance is necessary to ensure effective access to justice”2. Furthermore, in February 2012, the Kosovo Assembly adopted the Law on Free Legal Aid (the Law), which guarantees free legal aid in civil, administrative, minor offenses, and criminal procedure to individuals without sufficient financial means pay for legal representation. The Law also establishes the meaning and definition of legal aid, types, extension, users and providers of free legal aid. Furthermore, it establishes the Free Legal Aid Council (FLAC) (herein referred to as the “Council”) and Free Legal Aid Agency (FLAA) (herein referred to as “Legal Aid Agency”), their competences, procedures and conditions for realization and financing of free legal aid.

Pro bono legal aid is also regulated by the Law No. 04 / L-193 on the Bar, which provides for pro bono legal aid for persons in dire social situations on legal issues, whereby such persons claim rights directly related to their status and in other instances.

Kosovo’s Legal Aid Agency has the authority to accredit civil society organizations (CSOs) and the Kosovo Bar Association provides a list of lawyers who are eligible to handle legal aid cases. CSOs fill in gaps by providing legal aid to those beneficiaries (clients) who do not or cannot access the regional Legal Aid Offices. Currently, there is no system in place with defined criteria regulating the accreditation process for CSOs to provide authorized legal services. Moreover, lawyers in the system are also not incentivized to take on pro bono cases.

The normative framework for access to justice, including guarantees for the rights to a fair trial and free legal assistance, is comprehensive and is generally in line with international and regional standards.

However, implementation of this framework is ineffective, particularly with regards to the provision of free legal aid and related services. The gap between law and practice with regards to access to justice in Kosovo is significant and in need of substantial reform and assistance.

1 EU Country Progress Report (2016); UNDP: Strengthening Judicial Integrity through Access to Justice, 2013.

2 Kosovo Constitution, Article 31, par 6

Ineffective implementation leaves all members of society who are: 1) eligible for free legal assistance based on socio-economic status and needs of Kosovo society and 2) have a “justice need” (e.g. a rights violation, dispute, grievance, or other issue involving the law) unable to overcome barriers to remedying rights violations, resolving disputes in a peaceful and timely fashion, and ultimately making the law work for them in their daily lives.

In addition to the poor, other disadvantaged and marginalized populations have justice needs that can be specific to their ethnicity and religion, sexual orientation and gender identity, mental and physical disabilities, or other characteristics and identities that may distinguish them. These citizens include, but are not necessarily limited to members of the Kosovo Serb, Roma, Ashkali, and Egyptian communities, LGBTI persons, internally displaced persons (IDPs), and the mentally and physically disabled. Women and youth can also have unique justice needs.

These disadvantaged and marginalized citizens are reportedly at a higher risk and more vulnerable to violence and discrimination than other members of Kosovar society. While Kosovo’s legal framework protects fundamental rights and freedoms, including physical security, access to health, education, and employment, and inheritance and property rights, some laws are not always effectively implemented.

Moreover, individuals can suffer significant barriers, including financial, physical, and language, to remedying rights violations that are unique to their identity and status.

With regards to the responsibility of Kosovo state authorities to ensure equal access to justice for all its citizens, inclusive of the poor and other disadvantaged and marginalized members of society, the formal system for free legal aid as set forth in law lacks systems, capacity, coherence, and coordination. The result is that too many citizens requiring legal information and counseling, documentation, and representation in civil, administrations go without and thus are denied access to justice.

C.3 THEORY OF CHANGE

If USAID/Kosovo strengthens the legal aid system, including the responsible state institutions and actors, AND strengthens the legal profession and civil society organizations providing legal aid services to disadvantaged and vulnerable communities, THEN individuals will have increased access to legal aid services and information thus improving access to justice and strengthening the rule of law in Kosovo.

Offerors may also propose theories of change in their proposal.

C.4 OBJECTIVES

PURPOSE: To improve access to justice for all, inclusive of disadvantaged and marginalized groups, through strengthening the institutions, actors, and processes for providing legal aid, services, and information.

The contractor must undertake interventions that work towards the following three interrelated objectives to enhance access to justice for vulnerable populations in Kosovo:

OBJECTIVE 1: Strengthen the Capacity of Kosovo’s Legal Aid System OBJECTIVE 2: Enhance the Quality and Responsiveness of Legal Aid Services OBJECTIVE 3: Strengthen Legal Literacy and Citizen Empowerment

All of the Contractor’s interventions in performance of this SOW must be approved by the Contracting Officer’s Representative (COR) via the annual work plan (AWP).

The Contractor’s interventions must be informed by relevant international standards set forth in the UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, Johannesburg Declaration, Doha Declaration, and the Commission on Crime Prevention and Criminal Justice (CCPCJ) resolution on legal aid providers. Relevant regional standards are also elaborated upon in European Court of Human Rights (ECHR) Article 6 along with Council of Europe (COE) and Council of Bars and Law Societies of Europe (CCBE) recommendations on legal aid. In addition, activities should also be informed by and tied to, to the extent possible, to the targets and indicators of United Nations Sustainable Development Goal 16, specifically target 16.3 on strengthening the rule of law and ensuring equal access to justice for all.

OBJECTIVE 1: Strengthen the Capacity of Kosovo’s Legal Aid System

40% of activity shall be devoted to Objective 1.

The main challenges pertaining to the legal aid system include the insufficient implementation of the Law, primarily due to insufficient resources. The Contractor must provide technical assistance to Kosovo’s institutions to strengthen the legal aid system. Greater effort and emphasis by the Contractor should be applied to Objective 1 in order to ensure sustainability of the legal aid system. The Contractor must work with the Legal Aid Agency, Council, and relevant stakeholders to establish criteria under which the Legal Aid Agency can accredit necessary CSOs to provide authorized legal services. The contractor must consider working with the Kosovo Bar Association to establish a Sub-Committee on Pro- Bono Legal Aid services to elevate and incentivize lawyers in the system and also improve the Bar Association’s coordination with the Legal Aid Agency. The contractor must also build on prior coordination interventions, for example, UNDP started a coordination mechanism led by the Ministry of Justice for the Legal Aid Agency, but the Agency should take a lead in restarting and managing this coordination mechanism and making it more functional.

Expected Results:

1. Legal Aid Agency budget increased and resources effectively managed by the Legal Aid Agency;

2. The Council increasingly fulfills its mandate set forth in article 13 of the Law on Free Legal Aid3;

3. Criteria established for CSOs to provide authorized legal services completed;

4. Mechanism for CSO accreditation established and CSOs accredited to provide legal aid;

according to the Law on Free Legal Aid;

5. Incentives in legal aid system created to increase the interest of lawyers to take on legal aid cases;

and

6. The Legal Aid Agency plays a leading role in effectively managing the legal aid coordination mechanism together with the Ministry of Justice and relevant stakeholders.

OBJECTIVE 2: Enhance the Quality and Responsiveness of Legal Aid Services

40% of activity shall be devoted to Objective 2.

3 See Article 13, Law No. 04/ L-017 on Free Legal Aid: https://gzk.rks-gov.net/ActDetail.aspx?ActID=2803 https://gzk.rks-gov.net/ActDetail.aspx?ActID=2803 https://gzk.rks-gov.net/ActDetail.aspx?ActID=2803

The Contractor must undertake interventions which improve quality and quantity of legal aid, including improved responses to clients and customary satisfaction, and further integrate emerging trends in the law and practice into cases. The Contractor must also ensure presence and quick/easy access to legal aid services throughout Kosovo (urban and rural), considering the need for sustainable solutions that take into account the realities of Kosovo’s budgetary resources. Given that the current provision of legal aid in Kosovo is ad hoc, the Contractor must undertake interventions which strengthen standardization and training for legal aid lawyers and should also consider establishing and instituting a training and certification program for legal aid providers. In addition, the Contractor must work with law school legal aid clinics, staffed by pro bono lawyers and law students, and work with schools to ensure students receive practical training in the representation of disadvantaged and vulnerable clients.

1. Legal aid services deployed to communities where there is no legal aid office;

2. Need is identified in vulnerable communities in a coordinated manner;

3. Legal aid offices around Kosovo fully operational and receiving clients;

4. Legal aid work integrated into law school curriculum to provide practical skills training via opportunities for clinical legal education and internships; and

5. Professional standards for legal aid practitioners established and maintained.

OBJECTIVE 3: Strengthen Legal Literacy and Citizen Empowerment

20% of activity shall be devoted to Objective 3.

The Contractor must work with a local CSO, or consortium of local organizations, already operating to further their work and leverage activities already being undertaken in this area. The Contractor should use innovative approaches, including new and creative uses of social media and technology, to work with a local CSO, or consortium of local organizations, to make the law accessible for all members of society;

to educate citizens about the legal system, legal process, their role and their rights; to find remedies when a citizen’s rights have been violated; and to enable citizens to advocate for themselves. The Contractor must work to strengthen justice for all regardless of ethnicity, gender, sexual orientation, etc, while recognizing that certain groups may face discriminatory practices and provide specific support to these groups.

1. Vulnerable communities aware of their legal rights and legal services provisions;

2. CSO legal aid providers support the Kosovo Bar Association and Legal Aid Agency to advocate for budgetary resources;

3. Tools developed that allow the population to find legal aid resources in their community, including legal aid services unique to their community/social group; and

4. Rights Advocacy Networks improve legal literacy and empowerment of their members.

Internship Program

The Contractor must develop a pro-bono internship program for the duration of this activity, with the aim of creating a sustainable system that goes beyond the duration of the activity. The intern(s), who will work along with Contractor staff on the activity, both in the Contractor’s office and in implementing field activities will be a mix of law students and legal aid advocates, and should include, where possible, members of the Serb, Roma, Ashkali, Egyptian and Gorani communities, members of the LGBTI community, and/or persons with disabilities. The interns’ work and tasks must be substantive in nature and not less than six months. The structure of the internship program should benefit the applicants professionally in the future. The Contractor must engage with law schools to determine if law students can receive credit for the internship and to ensure that partner law schools continue the internship program after the completion of the activity. The age of interns should comply with local labor law.

C.5 GUIDING PRINCIPLES

The Contractor must ensure that the following guiding principles steer the planning and implementation of this activity:

● Holistic Approach: The Contractor must take a holistic approach to access to justice, including on the following: 1) guaranteeing fundamental rights and freedoms through adoption of laws and policies; 2) ensuring rights holders (citizens and those residing in Kosovo) are aware of their rights while duty bearers (state authorities) understand and fulfill their corresponding responsibilities to protect these rights; 3) making legal aid and information counseling available to address the justice needs of society, including disadvantaged and marginalized populations; and 4) building capacities for public interest and strategic litigation for structural change.

● Systems Orientation: The Contractor must adopt a systems-oriented approach to promoting access to justice, one that emphasizes the development of the institutions, actors, processes, tools, and incentive structures that collectively enable and empower people to make the law work for them in their daily lives, resolve disputes, and remedy rights violations. In addition to building the capacity of the justice system’s individual components, the Contractor must facilitate communication and coordination amongst these institutions, actors, and processes in order to strengthen the system as a whole.

● Supply and Demand: The Contractor must address both the supply side and demand side of the justice equation. Strengthening citizen demand for justice without commensurate improvements on the supply side can ultimately undermine public trust and confidence in the formal justice system, leave disputes and grievances unresolved, and give rise to social instability. This requires engagement with formal justice institutions, actors, and processes as well as civil society organizations.

● Community Justice Needs: To facilitate access to justice for all, the Contractor must gear interventions toward creating fair and efficient services that are accessible at the community level and responsive to individual needs.

● Support Linkages: The Contractor must direct efforts at supporting linkages between national legal aid providers, their regional offices, and university- and community-based legal clinics and local civil society in order to create a sustainable, holistic country-wide legal aid system that also responds to the specific needs of each community and beneficiary. These linkages, once established and functional, should outlast USAID engagement and provide the long-term avenues through which relevant and committed stakeholders communicate, assess issues, and direct (Kosovar) resources. Linkages alone will not satisfy the gap in legal aid service provision in key areas, the institutional actors involved in legal service provision for these communities are likely to require institutional support in areas such as strategic planning, including budgetary and human resource management, and technical training in order to harmonize and raise the qualitative standard of legal aid service delivery.

● Local Ownership: The Contractor must engage local communities, CSOs providing legal aid services, interest groups, and the Government of Kosovo (GoK) in its interventions, including planning, setting priorities, implementation, and seeking resources.

● Leverage Existing and New Resources: Given the needs of legal aid and limited resources, the Contractor should strive to leverage resources with the GoK, donors, civil society, private sector, and other stakeholders. The Contractor should also find ways to maximize and use resources already available in Kosovo (i.e. existing municipal buildings, university centers, existing donor activities, and current Kosovo budget). Given that USAID and other donors provide funding to CSOs and governments, the Contractor should leverage that funding and use its convening power to push forward the objectives of this activity.

● Gender and Youth: The Contractor needs to have an innovative approach to target women and youth throughout the lifetime of the activity and address each objective with gender-specific initiatives and the defined approach and outcome. Since the standard processes of information dissemination do not reach the average rural woman, channels of information must be extended or diversified to reach communities and especially women in these areas. Youth inclusion is also important for all three objectives. The Contractor must ensure that the representation and capacity building of women, men, and youth in the personnel chain is in accordance with the policies related to the gender equality and women’s empowerment. The Contractor must identify practices and/or customary law which inhibits women and youth from exercising their legal rights and develop mechanisms and tools within the activity to address them.

C.6 GRANTS UNDER CONTRACT (GUC)

The Contractor is authorized to use grants under contract (GUCs) up to $125,000 in total to issue grants to CSOs and other non-governmental partners to support initiatives of the activity. USAID must be significantly involved in establishing grants guidelines and selection criteria and must approve the grant recipients.

C.7 DONOR COLLABORATION

The Contractor must collaborate and coordinate at the central and local levels with other donors, including other USAID activities, aiming to avoid duplication of efforts, ensure synergies, and maximize impact and investments. The Contractor is expected to collaborate with other USAID implementing partners and donors. USAID and other donors fund several activities in the justice sector. USAID does not envision that this activity will engage with the Kosovo Judicial Council (KJC) as its Justice System Strengthening Program (JSSP) and the Property Rights Program (PRP) are already engaging the KJC and the courts. The Contractor will work with the implementers of these activities, and other donors engaged with the KJC if any programmatic needs arise with the KJC and the courts.

The contractor may also consider inclusion of the Assembly of Kosovo.4 Assembly members may represent communities and groups targeted in this activity and committees and caucuses can provide increased oversight of legal aid activities. USAID works with the Assembly through its activities with the National Democratic Institute (NDI). The Contractor, in cooperation with NDI activities, should consider engaging the Assembly, and its members, in activities and events, where appropriate.

For Objective 3, the Contractor must cooperate with the Engagement for Equity (E4E) activity which is providing grants to local civil society organizations to increase awareness of human rights among the general population.

4 The Council for free legal aid, carries out its functions independently from other public institutions, as well as exercises direct supervision of the Agency. The Council is composed of seven (7) members, elected by the Assembly of Kosovo from candidates proposed by the following institutions: MoJ; Ministry for Labor and Social Welfare (MLSW); Ministry for Returns and Communities; Ministry of Finance; Kosovo Bar Association; Supreme Court;

and CSOs.

C.8 MONITORING, EVALUATION AND LEARNING

The Contractor must take into account best practices when developing the Monitoring, Evaluation, and Learning Plan (MEL), which includes an Adaptive Management approach. The MEL Plan should emphasize the systematic process of collecting and analyzing performance data and other information to track progress toward planned results and must be used to proactively learn and adapt for future interventions. The MEL should not only be used for adaptive management, but also foster collaborative learning among partners, and should include evaluation and learning questions. For example, an evaluation question for Justice Matters may be “To what extent has this activity strengthened Kosovo’s legal aid system to fulfill its mandate under the Law on Free Legal Aid?”

A final list of indicators, including mandatory Foreign Assistance Framework Standard Indicators, will be confirmed in collaboration with USAID after the award. The Contractor must include and analyze gender, age, and ethnic background disaggregated data across all interventions. Other approaches may also be used, if necessary, to provide ad-hoc qualitative insights. USAID/Kosovo may conduct an independent mid-term evaluation to determine the effectiveness of the activity and to provide recommendations for adjustments.

The Contractor must reflect regularly on implementation progress. These opportunities may take the form of after-action reviews or be incorporated into existing processes, such as work planning or quarterly reporting. Such reviews or reports may focus on challenges and successes in implementation, changes in the operating environment or context that could affect the activity or the related project, opportunities to collaborate, or other relevant topics. The learning plan should detail the frequency with which learning and reflection occur and who will be involved, in alignment with the activity work plan throughout the Program Cycle.

Through Annual Strategy Review sessions the Contractor will work with USAID (and others as designated by USAID) to process emerging conclusions from analyses, develop a common understanding of the local context and dynamics at play, and refine workplans and the MEL Plan to adapt to changes in the context that impacts on the implementation of the contract. USAID envisions these Strategy Reviews to represent a collective platform for updating the contextual analysis and determining how to best adapt to evolving local dynamics and new knowledge gained through monitoring and evaluation (or other) efforts. The Contractor will document and share outcomes of these Strategy Review Sessions with the entire Contractor team and other stakeholders as appropriate. In addition, the USAID COR may require program re-direction as a result of these Strategy Reviews, which will be done on a no-cost basis unless agreed to by the CO.

The Contractor must collaborate with local stakeholders and commit to knowledge sharing amongst partners and stakeholders. For example, civil society organizations in Kosovo already experienced in providing legal aid services and drafting amicus curiae briefs, such as Center Legal Aid and Regional Development (CLARD). Additionally, there are rights organizations already providing services and advocating on behalf of vulnerable populations in Kosovo, such as European Center for Minority Issues (ECMI), Youth Initiative for Human Rights (YIHR), Kosovo Women's Network (KWN) and Center for Social Group Development (CSGD), NORMA, Roma, Ashkali and Egyptian Network (RAEN), and Egyptian Women of Kosovo Organization (RROGAEK).

[END OF SECTION C]

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

(c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor.

D.2 BRANDING

The Offeror shall comply with the requirements of the USAID branding policies available at:

www.usaid.gov/branding and appropriately mark all deliverables and public communications with the USAID brand.

Note: USAID receives “exclusive branding and marking” for the work conducted under all acquisition awards. This means that the foreign assistance delivered is clearly credited to the American people. It also means that competing logos or identities are excluded unless otherwise indicated in the award (Contract).

Activity name: This Activity will be named the “Justice Matters activity in Kosovo”. It is anticipated that the Final Report under this Award will be visibly branded as a USAID project utilizing the appropriate USAID/Kosovo templates

Desired level of visibility: All publications, public materials and documents, public communication, media releases, press conferences and public events should incorporate the USAID identity. Approval by the USAID Mission Development Outreach and Communication Officer to be obtained through COR should be received before using any materials which incorporate the USAID identity.

Limitations: USAID places limitations on the release of sensitive or confidential information in the materials produced in performing the contract. The contractor should consult through the COR with the Contracting Officer and the Regional Legal Advisor or Office of the General Counsel

The Marking Plan enumerates the public communications, commodities and program materials and other items that visibly bear or will be marked with the USAID identity (e.g., program sites, evaluations and reports, events, and commodities). It should include a table specifying the expected program deliverables to be produced under this Award and the whether they will be marked or not. The Marking Plan is where requests for exceptions to marking requirements can be made.

News releases/media alerts must be coordinated with COR. In general, all releases/alerts are issued by the U.S. Embassy on behalf of USAID, and USAID only submits these to the U.S. Embassy Public Affairs Office.

D.3 BRANDING AND MARKING POLICY

In accordance with provision D.2 above, and where applicable, the Contractor shall comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” at http://www.usaid.gov/policy/ads/300/320.pdf; and USAID “Graphic Standards Manual” available at http://www.usaid.gov/branding/, or any successor branding policy.

[END OF SECTION D]

http://www.usaid.gov/policy/ads/300/320.pdf http://www.usaid.gov/branding/

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR “52.232-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See the following address (https://www.acquisition.gov/far/) for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.204-14 SERVICE CONTRACT REPORTING OCT 2016

REQUIREMENTS

52.246-5 INSPECTION OF SERVICES COST-REIMBURSEMENT APR 1984

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at the principal place of performance or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The Contracting Officer’s Representative (COR) listed in Section G has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

[END OF SECTION E]

https://www.acquisition.gov/far/

SECTION F – DELIVERIES AND PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR “52.232-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See the following address (https://www.acquisition.gov/far/) for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-15 STOP WORK ORDER AUG 1989

ALTERNATE I APR 1984

F.2 PLACE OF PERFORMANCE

The place of performance under this contract is Republic of Kosovo.

F.3 PERIOD OF PERFORMANCE

The period of performance for this contract is three (3) years, from TBD to TBD.

F.4 KEY PERSONNEL

(a) The contractor must furnish the following positions deemed key personnel for the performance of this contract.

No. Key Personnel Position 1 TBD by the offerors 2 TBD by the offerors

(b) The key personnel identified above are considered essential to the work being performed under this contract. The contractor must remain responsible for providing such key personnel for full-time performance for the term of this contract unless otherwise agreed to by the Contracting Officer.

(c) The failure to provide the key personnel designated above may be considered nonperformance unless such failure is beyond the control, and through no fault or negligence, of the contractor.

(d) The contractor must immediately notify the Contracting Officer and the Contracting Officer’s Representative (COR) of any key personnel’s departure and the reasons therefore.

(e) The Contractor must take steps to immediately rectify this situation and will propose a substitute candidate for each vacated position along with a budget impact statement in sufficient detail to permit evaluation of the impact on the program.

https://www.acquisition.gov/far/

(f) The Contractor must not replace any of the key personnel without the written consent of the contracting officer and the COR whether provided in advance or by ratification.

(g) USAID reserves the right to adjust the level of key personnel during the performance of this contract.

(h) Key personnel under this award may be replaced with written approval of Contracting Officer (CO) based on the responsibilities, qualifications and experience as stated below.

(Key positions, Requirements and responsibilities for each Key positon will be incorporated up on contract award)

F.5 PERFORMANCE STANDARDS

Evaluation of the Contractor's performance must be conducted in accordance with the performance standards set forth in the contract, the Contractor's overall performance toward achievement of the objectives in Section C and provision of deliverables in Section F, and the Contractor's compliance with all other terms and conditions of the contract. Each evaluation will be conducted jointly by the COR and the CO, and must form the basis of the Contractor's permanent performance record with regard to this contract as required in FAR Part 42.15 and AIDAR 742.15.

The Contractor’s performance will be evaluated annually and at contract completion, utilizing at minimum, the following factors:

(1) Technical (quality of product or service).

(2) Cost control (not applicable for firm-fixed-price or fixed-price with economic price adjustment arrangements).

(3) Schedule/timeliness.

(4) Management or business relations.

(5) Small business subcontracting (as applicable).

(6) Creative approach in implementation.

(7) Other factors (as applicable) (e.g., adaptive management of problems encountered, late or nonpayment to subcontractors, trafficking violations, tax delinquency, failure to report in accordance with contract terms and conditions, defective cost or pricing data, terminations, suspension and debarments).

F.6 REPORTS AND DELIVERABLES OR OUTPUTS

In accordance with AIDAR clause 752.242-70, Periodic Progress Reports, the Contractor shall submit reports, deliverables or outputs as further described below to the COR. The cover page of all reports prepared by the Contractor, pursuant to AIDAR 752.242-70, shall include a descriptive title, the author's name(s), the activity name, the activity number, the contract number, the Contractor's name, the name of the USAID activity office and the COR, and the publication or issuance date of the report. The Contractor shall be responsible for delivery of draft reports, schedules, plans, and other documents that are described below. All written documents must be submitted in plain, grammatically correct English in electronic (soft) copy. Reports shall be prepared in a format consistent with USAID reporting requirements, to be mutually agreed upon by COR and the Contractor.

The contractor shall provide the following plans and reports:

a) MOBILIZATION PLAN

The Contractor shall submit a Mobilization Plan as part of the proposal. The Mobilization Plan shall include a plan for a start-up of activities covering the first 90 of the contract as outlined in Section C.4 of the Statement of Work (SOW).

Once the contract has been awarded, the COR will review it and provide comments within 15 days of award effective date. The Contractor shall revise and submit the revised Mobilization Plan no later than 15 days after receipt of comments. If acceptable, the USAID COR will provide a written approval of the final mobilization plan to the Contractor.

b) WORK PLANS

Within 60 days following award effective date, the contractor must submit the first annual work plan that details implementation processes and schedules, projected results, indicators and targets and project costs associated with the activities as outlined in Section C.4 of the SOW. USAID will provide written comments to the Contractor. The work plan must also clearly identify and present results expected, by each tasks, bi-annually.