USAID Kosovo RFP No. 72016725R00001 - Accountable Justice Activity.pdf

SUBJECT: Request for Proposal (RFP) SOLICITATION No. 72016725R00001 Accountable Justice Activity

Dear Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development (USAID), through the Regional Office for Acquisition and Assistance in Kosovo, is seeking proposals from qualified organizations to implement the Accountable Justice Activity as described in Section C of this solicitation.

This activity falls under the USAID/Kosovo Democracy and Governance portfolio. The goal of the Accountable Justice Activity is to promote an independent, accountable, and efficient justice system that delivers timely and fair justice to all Kosovans and upholds the rule of law as a foundation for democratic governance and Euro-Atlantic integration.

USAID/Kosovo anticipates awarding one Cost-Plus-Fixed-Fee completion type contract as a result of this solicitation, covering an estimated period of five (5) years from the date of the award. The principal geographic code for this contract is 937. The North American Industry Classification System (NAICS) code for this acquisition is 541611.

Subject to availability of funds, USAID estimates available funding for this contract up to $15 million.

USAID’s intent is to maximize the best value and is in no way obligated to make an award at the maximum estimated amount. Offerors should not strive to meet the maximum amount; rather, offerors should propose the best technical/management solution, and costs that are appropriate, realistic, and reasonable, and in accordance with the proposed approach for achieving the activity objectives.

This procurement will be conducted through full and open competition, pursuant to Part 15 of the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1). All organizations are eligible to compete; USAID encourages the participation of all organizations, including local Kosovan organizations, small business concerns, veteran owned small businesses, service-disabled veteran small businesses, HUB zone small businesses, small disadvantaged businesses, women-owned small business concerns and small business concerns in this activity as the prime contractor or as subcontractors.

Only electronic proposals will be accepted. Failure to comply with the submission dates and times indicated above may result in a submission being deemed late, as such it may not be reviewed or evaluated. The proposals must be prepared in accordance with instructions included in Section L and will be evaluated based on the evaluation factors and criteria contained in Section M of this RFP. All questions and requests for clarification regarding this solicitation must be submitted electronically to Fiolla Radoniqi at fradoniqi@usaid.gov and Dukagjin Hasani at dhasani@usaid.gov by the date and time specified above.

USAID reserves the right to amend or rescind this solicitation at any time. This solicitation, amendments to this solicitation, responses to questions, and announcement of contract award issued will be posted on sam.gov. It is the Offeror’s responsibility to monitor this website periodically for official updates to this

RFP Issuance Date: December 6, 2024 Questions Due Date: December 12, 2024, 17:00hr Kosovo local time Answers to the questions Due Date: December 18, 2024 Proposals Submission Due Date: January 21, 2025, 17:00hr Kosovo local time mailto:cberkowitz@usaid.gov mailto:dhasani@usaid.gov https://sam.gov/

Request for Proposal (RFP) No.: 72016725R00001 solicitation. Issuance of this solicitation and the submission of a proposal do not constitute a commitment on the part of the U.S. Government nor USAID to make an award; neither does it constitute an obligation for any costs incurred in the preparation and submission of a proposal.

USAID appreciates the time and effort put into preparing proposals in response to this solicitation.

Sincerely

Anthony Baker Foreign Service Contracting Officer

Contents

PART I – SCHEDULE 7

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS 7

B.1 PURPOSE 7

B.2 CONTRACT TYPE 7

B.3 ESTIMATED COST, FEE, AND OBLIGATED AMOUNT 7

B.4 PRICE SCHEDULE 7

B.5 INDIRECT COST 8

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

REIMBURSEMENT FOR INDIRECT COSTS 8

B.7 COST REIMBURSABLE 8

B.8 PAYMENT OF FEE 8

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING 9

SECTION C – STATEMENT OF WORK 10

C.1. PURPOSE 10

C.2. DEVELOPMENT CHALLENGE 10

C.3. DEVELOPMENT CHALLENGE 11

C.4. ACTIVITY IMPLEMENTATION 11

C.5. LINKS TO MISSION AND USG STRATEGIES AND POLICIES 15

C.6. COLLABORATION WITH USAID AND OTHER USG DONOR ACTIVITIES 16

C.7. EU INTEGRATION AND INTERNATIONAL ALIGNMENT 16

C.8. COLLABORATING, LEARNING AND ADAPTING 17

SECTION D – PACKAGING AND MARKING 18

D.1 AIDAR 752.7009 MARKING (JAN 1993) 18

D.2 USAID BRANDING AND MARKING POLICY 18

D.3 BRANDING IMPLEMENTATION AND MARKING PLAN 18

SECTION E – INSPECTION AND ACCEPTANCE 19

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 19

E.2 INSPECTION AND ACCEPTANCE 19

SECTION F – DELIVERIES AND PERFORMANCE 20

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 20

F.2 PERIOD OF PERFORMANCE 20

F.3 PLACE OF PERFORMANCE 20

F.4 PERFORMANCE STANDARDS 20

F.5 KEY PERSONNEL 20

F.6 PLANS, REPORTS, DELIVERABLES, AND PERFORMANCE MONITORING 21

SECTION G – CONTRACT ADMINISTRATION DATA 30

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 30

G.2 ADMINISTRATIVE CONTRACTING OFFICE 31

G.3 CONTRACTING OFFICER'S AUTHORITY 31

G.4 CONTRACTING OFFICER'S REPRESENTATIVE (COR) 31

G.5 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID 31

G.6 PAYMENT AND INVOICES 33

G.7 ACCOUNTING AND APPROPRIATED DATA 33

SECTION H – SPECIAL CONTRACT REQUIREMENTS 34

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 34

H.2 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES 34

H.3 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) 34

H.4 AIDAR 752.228-3 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) (DBA)

[(DEVIATION JUN 2022)] 35

H.5 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007) 35

H.6 752.231-72 CONFERENCE PLANNING AND REQUIRED APPROVAL (JUL 2023) 36

H.7 AUTHORIZED GEOGRAPHIC CODE 37

H.8 LOGISTIC SUPPORT 38

H.9 EXECUTIVE ORDER ON TERRORISM FINANCING 38

H.10 AIDAR 752.7007 PERSONNEL COMPENSATION (JUL 2007) 38

H.11 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION 38

H.12 LANGUAGE REQUIREMENTS 40

H.13 CONSENT TO SUBCONTRACTS 40

H.14 INTERNATIONAL TRAVEL APPROVAL 41

H.15 GOVERNMENT FURNISHED FACILITIES OR PROPERTY 41

H.16 ENVIRONMENTAL COMPLIANCE AND REQUIREMENTS 41

H.17 USAID IMPLEMENTATION OF SECTION 508 OF THE REHABILITATION ACT OF 1973 AND

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

ACCESSIBILITY 42

H.18 AIDAR 752.222-70 USAID DISABILITY POLICY (DECEMBER 2004) 42

H.19 752.222-71 NONDISCRIMINATION (MAY 2024) 42

H.20 ELECTRONIC PAYMENTS SYSTEM 43

H.21 FAR 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (SECTION 889) (June 2023) 43

H.22 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JUL 2023) 44

PART II CONTRACT CLAUSES 46

SECTION I – CONTRACT CLAUSES 46

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 46

I.2 FAR 52.204-1, APPROVAL OF CONTRACT (DEC 1989) 49

I.3 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 49

I.4 FAR 52.229-8 TAXES – FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990) 49

I.6 752.239-70 INFORMATION TECHNOLOGY AUTHORIZATION (MAY 2024) 50

I.7 752.239-71 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY (MAY 2024)

I.8 752.239-72 USAID-FINANCED PROJECT WEBSITES (MAY 2024) 52

I.9 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (JUNE 2018) 53

I.11 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016) 54

PART III LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 56

SECTION J – LIST OF ATTACHMENTS 56

PART IV REPRESENTATIONS AND INSTRUCTIONS 57

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS 57

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 57

K.2 FAR 52.204-8, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024) 57

K.3 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) 61

K.4 FAR 52.209-7, INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 63

K.5 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY

OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 64

K.6 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION

(NOV 2021) 65

K.7 FAR 52.222-22, PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 67

K.8 FAR 52.222-25, AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 67

K.9 FAR 52.230-1, COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN 2020) 67 K.10 FAR 52.230-7, PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES (APR 2005)

K.11 SIGNATURE 73

SECTION L – INSTRUCTIONS TO OFFERORS 75

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 75

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 75

L.3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 75

L.4 WAIVERS UNDER FAR PART 4.2101 PROHIBITION ON COVERED TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES AND EQUIPMENT (JUNE 2023) 76

L.5 GENERAL INSTRUCTIONS TO OFFERORS 76

L.6 SUBMISSION INSTRUCTIONS 77

L.7 GENERAL INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL 78

L.8 TECHNICAL APPROACH (not to exceed 20 pages) 79

L.9 PERSONNEL AND MANAGEMENT APPROACH 80

L.10 CONTRACTOR PAST PERFORMANCE 81

L.11 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL 82

SECTION M – EVALUATION CRITERIA 87

M.1 GENERAL INFORMATION 87

M.2 TECHNICAL EVALUATION CRITERIA 87

M.3 TECHNICAL APPROACH 89

M.4 PERSONNEL AND MANAGEMENT APPROACH 89

M.5 EVALUATION OF PAST PERFORMANCE 89

M.7 EVALUATION OF COST PROPOSALS 90

M.8 DETERMINATION OF COMPETITIVE RANGE 90

M.9 SOURCE SELECTION 91

72016725R00001

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)

System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

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

NEGOTIATED (RFP) REQUEST FOR

SEALED BID (IFB) INVITATION FOR BID

1. This Contract is a Rated Order under the Defense Priorities and Allocations RATING PAGE OF PAGES

1 1

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

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

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

EXTENSIONNUMBERAREA 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

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. 3304 (a) ( 10 U.S.C. 3204 (a) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION UNDER THE

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

AWARD (To be completed by government)

CODE

5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

12/06/2024 REQ-167-25-000011

X

720167

USAID/Kosovo 3820 Pristina Place 20521 Washington DC 20521

1700 A 01/21/2025

Fiolla Radoniqi fradoniqi@usaid.gov

X

X

X

X

X

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X

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PAGE(S)

Anthony Baker

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 12/2022)

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

7-9

10-17 20-29 30-33 34-45

46-55

57-74

75-86

87-91

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

PROPOSAL

UNITED STATES CODE AT:

PART I – SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide technical services to implement activities under the Accountable Justice Activity that aims to promote an independent, accountable, and efficient justice system that delivers timely and fair justice to all Kosovans, and upholds the rule of law as a foundation for democratic governance and Euro-Atlantic integration.

B.2 CONTRACT TYPE

This is a Cost-Plus-Fixed-Fee (CPFF) completion-type contract consistent with Federal Acquisition Regulation 16.306. 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, FEE, AND OBLIGATED AMOUNT

a) Total Estimated Cost: The total estimated cost for the performance of the work required hereunder, exclusive of fee (if any), is $TBD. The total fixed fee (if any) is $TBD. The total estimated cost plus the total fixed fee amount (if any) is $TBD.

b) Oligated amount: Within the estimated cost plus fixed fee amount 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 are anticipated to be sufficient for the period of performance from the effective date of the contract through $TBD. The Contractor shall not exceed the aforesaid obligated amount unless authorized by the Contracting Officer pursuant to the clause of this contract entitled “Limitation of Funds” (FAR 52.232-22). Funding for this contract will be on an incremental basis, subject to the availability of funds

B.4 PRICE SCHEDULE

Budget Summary Cost Category Total Direct Costs TBD Indirect Costs TBD Total Estimated Cost TBD Estimated Fixed Fee TBD Contract Ceiling Price TBD

The 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

TBD % 1/ 1/ 1/

1/ 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

TBD % 1/ 1/

(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 advance 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 with FAR 31 (Contract Cost Principles), FAR § 52.216-7 “Allowable Cost and Payment,”;

FAR § 52.216-8 “Fixed Fee”; FAR § 52.232-22 “Limitation of Funds,” if applicable, and AIDAR 752.7003, “Documentation for Payment.”

B.8 PAYMENT OF FEE

1) Fixed Fee

a) USAID will pay the fixed fee pursuant to FAR § 52.216-7 and FAR § 52.216-8, upon the receipt of an invoice deemed proper by the USAID/Kosovo Financial Management Office. The Contractor may earn and be paid all or a portion of the total fee based on completed deliverables under this contract. Payment of the Contractor’s fee is tied to the accomplishment of objectives and deliverables or outputs described in the fixed fee payment schedule.

b) Definite goals or targets must be achieved, and end products must be completed, delivered, and accepted by USAID during the period of performance and within the total estimated cost as a condition for payment of the fixed fee.

c) The Offerors must propose a fixed fee payment schedule tied to the objectives and deliverables or output for Governments review and acceptance. The fixed fee payment schedule will become part of the contract upon award. The fixed fee payment schedule, and any subsequent changes must be approved by the CO and shall be incorporated in the contract.

d) Fixed Fee Payment Schedule TBD:

Deliverables Delivery schedule Fixed Fee Amount for Payment

Deliverables for Year 1 TBD by the contractor Deliverables for Year 2 TBD by the contractor Deliverables for Year 5 TBD by the contractor

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

USAID/Kosovo considers this contract non-severable and is therefore a multi-year contract as defined in FAR 17.103. Therefore, this contract is subject to the requirements of FAR 17.106. However, as a cost-reimbursement contract, USAID/Kosovo will authorize the reimbursement for allowable costs incurred by the Contractor pursuant to FAR 52.216-7, “Allowable Costs and Payment.” The Contractor will not incur any costs that require amortization or substantial upfront investment over the contract’s period of performance if the Contracting Officer cancels the contract pursuant to FAR 52.217-2. Thus, $0 will serve as the cancellation ceiling for each cancellation date. Accordingly, no requirement to include cancellation dates in the contract exists.

[END OF SECTION B]

SECTION C – STATEMENT OF WORK

ACTIVITY TITLE: Accountable Justice Activity

C.1. PURPOSE

The goal of the Accountable Justice Activity is to promote an independent, accountable, and efficient justice system that delivers timely and fair justice to all Kosovans and upholds the rule of law as a foundation for democratic governance and Euro-Atlantic integration.

C.2. DEVELOPMENT CHALLENGE

Kosovo’s efforts to strengthen the rule of law as a foundation for democratic governance, economic development, fundamental rights, and Euro-Atlantic integration have yielded significant achievements over the past two decades that favorably distinguish it from countries in the region.1

Constitutional and legal frameworks, including safeguards for judicial independence, that reflect international and regional standards are in place. The Constitutional Court provides effective checks on executive and legislative authority and reviews individual complaints of rights violations. Justice institutions and self-governance bodies, including the Kosovo Judicial Council (KJC) and Kosovo Prosecutorial Council (KPC), administer the justice system with attention to improving case management, mitigating backlog, enhancing performance measurement, strengthening disciplinary liability, and utilizing automation and digitalization among other measures to promote efficiency, transparency and accountability, and effectiveness.

Moreover, justice services are increasingly people-centered with greater attention to data-driven, user-friendly, and problem-solving approaches to improving effectiveness in addressing people’s everyday legal needs and improving the experience of justice seekers. Qualifications and ethics of judges, prosecutors, lawyers, and members of the free legal professionals are similarly improved. In addition, civil society and non-governmental organizations more effectively provide basic legal services, perform oversight functions, and engage in legal and policy advocacy in support of the rule of law.

Despite these achievements, the rule of law remains a work in progress in Kosovo as it does in many countries. Legal and regulatory weaknesses, inefficient case management rules and techniques, gaps in technical expertise, and insufficient human and financial resources contribute to a persistent backlog and delays in proceedings throughout the system and across the justice chain that undermine public trust as noted by the European Commission’s Kosovo Report 2024 and reflect broader governance and rule of law issues within the country. While shortcomings in civil justice, including accessibility, affordability, and quality of judgements are significant, improvements in criminal justice, including efficiency and effectiveness of prosecutions as well as due process, are also needed. Expert reviews, such as the EULEX Monitoring Report and World Bank’s Country Partnership Framework (CPF) 2023-2027, highlight deficiencies in investigating, prosecuting, and adjudicating economic crimes, corruption efforts, terrorism, and gender-based violence. The Kosovo Judicial Council is a maturing institution and currently effectively led but it continues to require targeted assistance to strengthen data-driven planning, policy making, and support to the courts as well as communications. In contrast, the Kosovo Prosecutorial Council, considered

1 See Kosovo’s overall rankings in the World Justice Project’s Rule of Law Index and varying performance across nine specific factors from 2020-2023.

https://worldjusticeproject.org/rule-of-law-index/country/2023/Kosovo/ a relatively weak link in the justice chain, requires more comprehensive organizational capacity building to improve the professionalism and performance of prosecutors and management of prosecutor offices.

The Joint Commitment Statement and Action Plan, agreed to by the leaders of justice institution leaders in March 2023, which includes provisions on integrity oversight, performance evaluation, and disciplinary liability, along with concurrent legislative initiatives have positively increased pressure on the judiciary and prosecution to reform. Conversely, repeated criticism of the justice system by government officials, political actors, and other opinion influencers, combined with growing misinformation in social media, threatens judicial independence and undermines public trust in the rule of law.

In addition, the mass resignation of Kosovo Serb judges, prosecutors, and administrative personnel in 2022 set back efforts to integrate and unify the Kosovo justice system in northern municipalities. These resignations have reduced the capacity of the court and prosecution to deliver fair and efficient justice to the local population and undermined prospects for administering a multi-ethnic justice system throughout the country and achieving equal access to justice for all.

C.3. DEVELOPMENT CHALLENGE

Theory of Change/Development Hypothesis

IF justice institutions have the legal competencies, resources, planning and advocacy capacity to exercise their independence; AND IF justice institutions reduce corruption vulnerabilities, strengthen integrity, and sanction violations; AND IF justice institutions improve case management and court practices to accelerate and improve justice seeker experiences; THEN the justice system will be more independent, accountable and transparent, laying the foundation for Euro-Atlantic integration.

C.4. ACTIVITY IMPLEMENTATION

The Accountable Justice Activity must work in close partnership with core justice institutions, including the Kosovo Judicial Council and the Kosovo Prosecutorial Council, and in collaboration with other rule of law stakeholders from government, civil society, the legal community, the international community, and private sector. In addition, it must also directly engage the public at large and justice seekers at the local level.

The Activity will provide technical and organizational leadership to advance legal and regulatory reform on the basis of international and European standards, enhance the capacities and capabilities of core justice institutions and other actors to innovate and problem solve as independent and self-governing, and ensure that the justice system is appropriately financed and resourced to accomplish its mission in a manner consistent with judicial core values. In this regard, it will work in all courts throughout Kosovo and at all levels, including the Court of Appeals and Supreme Court. It will also work with prosecutors to strengthen the justice chain where most appropriate. Recognizing that USAID has not substantially engaged the KPC in recent years, the Activity will begin with limited interventions critical to improving justice systems overall and incrementally increase engagement if and when opportunities arise and previous investments bear fruit.

The Activity will build upon the concrete rule of law achievements supported by USAID, the European Union, and other donors over the past two decades.2 Particular attention will be given to improving the function and use of the case management information system and technologies and digital tools and processes. It also will employ adaptive management, co-creation, and innovative strategies, tools, and techniques to identify and respond to the evolving needs and priorities of partners and the public and to maintain flexibility at all stages of implementation.

Experience and evidence demonstrate that establishing and maintaining the rule of law can take more than two decades of dedicated commitment and investment. Successful justice institution building, system strengthening, and service delivery improvements require ongoing attention to guard against backsliding. The Accountable Justice Activity is intended to address these realities by reinforcing the foundational elements of the rule of law in Kosovo, including independence, accountability and transparency, and efficiency while also continuing to facilitate people-centered justice approaches to solve people’s legal problems, satisfy their justice needs, and more effectively connect the judiciary and prosecution to those they are mandated to serve.

The Activity will begin with an inception period of 120 days to conduct analyses, test design assumptions, and collaborate with partners to inform development of the Year 1 workplan. Assessments will be conducted during the inception period on the following topics: 1) court performance and efficiency, 2) corruption vulnerability, 3) minority integration, 4) Case Management Information System (CMIS) needs and overall justice system digitalization, and 5) justice financing.

ACTIVITY OBJECTIVES AND RESULTS:

The Accountable Justice Activity’s goal will be achieved through the following objectives and expected results. The Offeror may propose additional expected results in line with the objectives.

Objective 1: Independence and self-governance in the administration of justice strengthened.

Through Objective 1, the Activity will work with core institutions across the separate branches of government and within the justice system, primarily the Kosovo Judicial Council and Kosovo Prosecutorial Council, to ensure they can effectively exercise their independence and self-governance as set forth in the Constitution and perform their functions in accordance with the law. This includes maintaining and strengthening the legal and policy framework which limit executive or other influence on judicial actors.

Activities to achieve this objective may include support for leadership and/or participation in legislative and policy working groups, improved capacities for developing strategic plans, policies, and standard operating procedures, improving expertise and skills in data-driven decision making, communication, and more effective use of technology and automation. The judiciary should become able to produce and analyze reliable data and to use the findings for management and policy-making purposes. It may also include support for these institutions to join regional and international organizations that globally

2 An independent review of USAID rule of law activities between 2005-2020, identified four “concrete and sustained” achievements. They include: 1) strengthened judicial independence and self-governance through restructuring of the Kosovo Judicial Council and the establishment of its secretariat, 2) enhanced rights protection through building the capacity of the Constitutional Court, 3) improved international court administrative operations through establishment of Private Enforcement Agents, and 4) greater women’s empowerment through property rights.

https://pdf.usaid.gov/pdf_docs/PA00ZKKM.pdf promote and protect strengthened judicial independence and the rule of law. In addition, the Activity will empower the judiciary to take a leadership role in resource allocation and ensure sustainable support for justice system operations by supporting the judiciary and prosecution to play a pivotal role in advocating for and managing increased resources through strategic budgeting and public financial management.

Rather than focusing solely on judges’ salaries, the Activity will support the judiciary in assessing full costs of case management and using this data to effectively advocate and secure funding from the GoK for operational needs and planned reforms. Judicial institutions must take a more proactive and sustained approach to communicating effectively with the public, ensuring accurate information is consistently shared. In an era of persistent disinformation, it is essential that these efforts are continuous to maintain public trust and uphold the judiciary’s credibility. The Activity will work with the judiciary and its partners to elevate and institutionalize the judiciary’s communication practices, moving from reactive to strategic and data-driven efforts. This includes making communications a core function of the judiciary, ensuring consistent, high quality messaging that fosters transparency, public trust and judicial independence. It also includes using data-driven insights to identify successes and gaps, improving public engagement and accountability.

● Expected Result 1.1: Safeguards for institutional and decisional (individual) independence of the judiciary and prosecution improved.

● Expected Result 1.2: Justice institutions develop, implement and monitor strategic plans, policies, internal regulations, etc on the basis of high quality, standardized, and accessible data and evidence.

● Expected Result 1.3: Justice institutions successfully advocate for and effectively manage the resources needed to meet operational needs and enact and sustain needed efficiency gains and digital reforms.

● Expected Result 1.4: Justice institutions and actors effectively communicate and engage the public, GoK, and other stakeholders in an environment of mis/disinformation.

Objective 2: Anti-corruption and professional integrity within the justice system strengthened.

Through Objective 2, the Activity will work with the Kosovo Judicial Council, Kosovo Prosecutorial Council, individual judges and prosecutors, administrative personnel, and civil society to raise professional integrity and combat corruption within the justice system with attention to both prevention and accountability. In targeting corruption and addressing demands for integrity, the Activity will also protect judicial and prosecutorial independence, including in appointment and disciplinary liability processes, so political actors and other interests do not unduly influence the work of the judiciary and prosecution. The Activity will map corruption vulnerabilities across the judiciary and prosecution and incrementally address identified and emerging vulnerabilities over the life of the Activity in close collaboration with judicial institutions to the greatest extent possible. Interventions to achieve this objective might include strengthening the Judicial Inspection Unit, introduction of new anti-corruption policies and procedures, strengthening and incentivizing the use of disciplinary or sanctions mechanisms within judicial institutions, use of transparency initiatives, digital tools and automation, and development of mechanisms for public reporting. The Activity will support strengthening existing tools to improve and safeguard the integrity, accountability, independence and efficiency of the justice system, in line with European standards, including implementing the Joint Commitment Statement when approved by the Assembly.

● Expected Result 2.1: Corruption vulnerabilities in the justice system reduced.

● Expected Result 2.2: Corrupt practices, violations of professional ethics and disciplinary rules are meaningfully investigated and sanctioned and with respect to due process.

● Expected Result 2.3: Anti-corruption and public integrity strategies, and related policies procedures and sanctions are adopted and implemented.

● Expected Result 2.4: The public provides oversight and participates in accountability mechanisms for reporting unethical conduct, corruption, and illegal acts in the justice system.

Objective 3: Judicial efficiency strengthened.

Through Objective 3, the Activity will work with the Kosovo Judicial Council, Kosovo Prosecutorial Council, judges and prosecutors, administrative personnel, and civil society to strengthen efficiency by improving performance and user experience particularly in civil justice matters. Activities to achieve this objective might include enhancement of case management tools and techniques, revision of legal procedures, and enhancing the management skills and accountability of court presidents and chief prosecutors.

Specifically, this Activity must support the respective Councils to make progress on European Commission for the Efficiency of Justice (CEPEJ) indicators, sustainably reduce the civil backlog, reduce the excessive length of civil case proceedings, and advance Kosovo’s standing on WJP Rule of Law Index data on fairness and user satisfaction which will improve the citizen’s journey to justice. In addition, the Activity will support significant investments to the justice system’s ICT architecture by developing ICT strategies and policies that increasingly automate the justice system and its services. Specifically, the activity must address remaining CMIS challenges and develop CMIS into an effective tool for strengthening efficiency and accountability. It must support KJC and KPC to develop the tools to continuously monitor the use and application of CMIS and develop policies that link CMIS to disciplinary measures for judges, prosecutors and administrative staff. By streamlining the processes and procedures and leveraging automation and digitization the Councils and other actors can focus on improving the quality of their services. This approach leverages the GOK’s priority in investments in e-governance platforms to make public services more accessible and user-friendly and the Activity must explicitly link ICT reforms in the judiciary to advocacy for increased budgetary resources for the KJC and KPC under Objective 1, ensuring that the Government of Kosovo is increasingly and sustainably funding the needed reforms. In order to advance efficiency and perceptions of fairness, the Activity will work with the judiciary to address the inconsistent application of civil, administrative, and criminal court proceedings cases which presents a significant challenge particularly in civil cases. This includes, supporting efforts and tools to ensure a more uniform and codified procedural approach across the judiciary. The Activity will seek to consolidate gains in procedural justice, aiming to make the justice system as a whole more user-friendly and citizen centric.

Finally, the Activity must ensure that respective institutions establish, sustain and use feedback mechanisms to solicit and integrate public input and make improvements based on data from collected justice-seekers.

● Expected Result 3.1: Case management at appellate and first instance levels improved.

● Expected Result 3.2: Court practice and jurisprudence in civil, administrative, and criminal proceedings streamlined and unified.

● Expected Result 3.3: Justice seeker experience and satisfaction improved.

● Expected Result 3.4: Feedback mechanisms and engagement strategies link justice institutions and public at local level.

CROSS-CUTTING: INTEGRATION AND INCLUSION IN THE JUSTICE SYSTEM STRENGTHENED

This Activity will meaningfully advance ethnic inclusion and integration in the justice system, with a particular focus on the Kosovo Serb community, by:

1) Identifying the most significant inclusion and integration gaps or barriers that ethnic minorities face in the justice system and,

2) Advancing substantive, resourced, and targeted approaches to address those gaps or barriers in achieving the Activity Objectives.

To identify ethnic inclusion and integration gaps or barriers, the Offeror must conduct a minority integration assessment during the Activity’s inception period. The Offeror should use this and other existing analyses to identify priority gaps or barriers that will inform their proposed approaches. In addition to any other identified gaps or barriers, the Activity must address the following:

● Expected Result (Cross Cutting) 1: Reintegration of Kosovo Serbs judges and prosecutors in the north.

● Expected Result (Cross Cutting) 2: Full resumption of justice system operations in the north planned and advanced.

CROSS-CUTTING: GENDER EQUALITY AND WOMEN’S EMPOWERMENT STRENGTHENED:

This Activity will strengthen gender equality and women’s empowerment by:

● Identifying the most significant gender gaps or barriers women face in the justice system.

● Advancing substantive, resourced, and targeted approaches to address those gaps or barriers.

To assist the Offeror in identifying gender gaps or barriers, USAID commissioned a gender analysis to inform rule of law programming (Attachment 5 - Gender Analysis). The Offeror should use this, other existing analyses, and their own future analysis to identify priority gender gaps or barriers that will inform their proposed approaches. In addition to any other priority gaps or barriers, the Activity must address the following:

● Expected Result CC 1: Prosecution and unified sentencing of gender based violence (GBV) cases increased.

● Expected Result CC 2: Awareness of GBV advanced by participating in the Annual 16 Days Campaign on Prevention of GBV.

C.5. LINKS TO MISSION AND USG STRATEGIES AND POLICIES

This Activity aligns with the USAID/Kosovo Mission’s long-standing, strategic emphasis on strengthening the rule of law in Kosovo. In this regard, the Activity will advance USAID/Kosovo’s Country Development Cooperation Strategy (CDCS) 2020-2025 Democracy and Governance Development Objective (DO):

“Citizens are better served by accountable and effective governance institutions” and Intermediate Results (IR) 1.1.: Responsiveness of Justice Institutions Strengthened.

Moreover, the Offeror will design and implement this Activity in alignment with the USAID Rule of Law Policy that sets for a basis for people-centered justice approaches to rule of law promotion that put the individual affected by the law at the core of the policies, institutions, processes, and practices that comprise justice and related systems and services.

To that end, the Offeror must ensure that all aspects of the activity are informed by evidence and measurable insights to allow for more informed decision-making and development of problem-solving rule of law activities. More importantly, it will support the key justice interlocutors and other local partners to generate reliable data and utilize that data to inform the administration of justice and underpin strategic decisions and advocacy for justice reforms.

The Offeror must employ a people-centered approach in implementation. As part of this overall approach, the Offeror should demonstrate how they have consulted users of the justice system and services in the process of preparing their application. In addition, the Offeror should advance interventions to make the institutions, services, and actors that comprise the justice system and related services more user-friendly, problem-solving, and data-driven, and, thus, more people-centered. This should take into account differing legal problems and justice needs of individuals and communities through responsive, tailored, efficient, and sufficiently flexible approaches to accommodate local justice realities and support meaningful justice for all.

C.6. COLLABORATION WITH USAID AND OTHER USG DONOR ACTIVITIES

The Offeror must closely collaborate and coordinate with other relevant USAID and USG donor-supported activities in working to achieve the Activity’s Objectives. This collaboration and coordination will be designed to avoid duplication of efforts, ensure synergies, maximize impact, and leverage investments. In addition to USAID supported governance, civil society, justice, and other relevant activities, the Activity must also closely collaborate and coordinate with efforts funded or led by the Departments of State and Justice that are related to the Objectives of this Activity. Where appropriate, particularly concerning peer-to-peer engagement and exchanges involving members of Kosovo judiciary, the Offeror will explore ways to engage members of the U.S. judiciary’s International Judicial Relations Committee (IJRC) of the U.S.

Judicial Conference based on the current USAID-IJRC Memorandum of Understanding and their long-standing involvement in USG funded rule of law activities.

C.7. EU INTEGRATION AND INTERNATIONAL ALIGNMENT

The Offeror must be cognizant of, and advance, Kosovo’s alignment with relevant European Union (EU) agreements, frameworks, and reform agendas. This includes the EU-Kosovo Stabilization and Association Agreement (SAA) that requires Kosovo to consolidate the rule of law and administration of justice by strengthening the independence, impartiality, and accountability of the judiciary and judges, and adequately preparing them for cooperation in civil, commercial, and criminal matters, and to enable them to effectively prevent, investigate, prosecute, and adjudicate organized crime, corruption, and terrorism.

In addition, the Offeror should take note of and address priority areas for rule of law and judicial reforms, including shortcomings and risks, identified by the European Commission’s reporting throughout the life of the Activity, including Annual Reports, Dialogue Agreements related to the Justice Sector, and the 2024- 2027 EU Growth Plan for the Western Balkans. The Offeror should align with these and other relevant EU agreements and frameworks as well as communicate and coordinate with active EU rule of law and justice system strengthening projects. The Contractor will also coordinate with other bilateral European and international donor activities that are related to the Objectives of this Activity. Finally, the Activity shall share reliable, relevant data with the EU Mission in Kosovo and encourage justice institutions to do the same to ensure EU reporting is accurate and well founded.

C.8. COLLABORATING, LEARNING AND ADAPTING

The Activity must contribute to USAID/Kosovo’s commitment to a multi-faceted CLA approach to development. The CLA approach is based on the understanding that development efforts are more effective if they are coordinated and collaborative, test promising new approaches, build on what works and eliminate what does not.3

CLA Objectives:

a. Generate Knowledge. The contractor must generate new knowledge and evidence around learning questions identified together with USAID and other stakeholders over the course of implementation. The contractor must provide reporting, data, analysis, and gather partners for inclusive reviews of the activity goals and results.

b. Share Knowledge. The contractor must increase knowledge sharing with and among stakeholders through a learning network, including grantees, justice institutions, local organizations, executive institutions, sectoral experts, donors, regional and international organizations, and other USAID and USG activities, among others, to encourage more widespread learning across teams, mechanisms, and sectors.

c. Incorporate Agile and Adaptive Processes. The contractor must develop adaptive management and implementation processes and must include an adaptive management plan within the annual work plans to allow course correction to respond to unintended effects, changing realities, and re-aligned priorities. With USAID, the contractor’s activity work plan, quarterly reports, and periodic progress review meetings must provide a forum for an adaptive approach based on lessons learned and evolving country context. The contractor must stay abreast with political and cultural shifts and recognize when there are windows of opportunity when reform is more likely to take root. The contractor must prioritize activities with the COR during work planning and review the prioritization during the quarterly reporting period. As needed, the contractor can and should alter activity designs with approval from the COR to accommodate changing conditions, as long as the reprogramming does not commit USG to incur additional costs, unless otherwise directed by the

CO.

C.9 Communications and Outreach:

Under this activity, the Contractor is required to provide USAID's Development Outreach & Communication Team with materials (stories, blurbs, photos or videos) that highlight USAID's approach and accomplishments in achieving its Objectives. These materials should be aimed at USAID's audience including the public (citizens), inter-agency and other stakeholders.

[END OF SECTION C]

3 https://usaidlearninglab.org/faq/collaborating%2C-learning%2C-and-adapting-cla https://usaidlearninglab.org/faq/collaborating%2C-learning%2C-and-adapting-cla

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 USAID BRANDING AND MARKING POLICY

The Contractor must 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.

Pursuant to ADS 320.3.2, USAID policy requires exclusive branding and marking in USAID direct acquisitions. “Exclusive” means that contractors and sub-contractors must not use their corporate identities or logos on USAID-funded program materials in accordance with USAID policy.

D.3 BRANDING IMPLEMENTATION AND MARKING PLAN

The Contractor’s Branding Implementation and Marking Plan will be submitted to the COR for Contracting Officer approval no later than 30 days after award. The Contractor will follow the approved plan during implementation of this contract unless an exception or a waiver is requested and approved. Guidance applying for waivers can be found at USAID Automated Directive Supplement Chapter 320, Branding and Marking.

The cover page of all report deliverables required in Section F. must include the USAID Identity (or the name of the Agency written out) prominently displayed, the Contract number (see the cover page of this Contract), contractor name, name of the USAID project office, the publication or issuance…