RFP No. 72027821R00007_PAJ_ with Amendment 01.pdf

Public Accountability and Justice Strengthening Activity Updated RFP Number 72027821R00007, AMENDMENT 1

Solicitation Issuance Date: March 18, 2021

Question Deadline: March 28, 2021, 08:00 am (Jordan Time)

Closing Date for Proposals: April 25, 2021, 08:00 am (Jordan Time)

Subject: Request for Proposals (RFP) Number 72027821R00007

The United States Agency for International Development (USAID) is seeking proposals from qualified organizations to implement the Public Accountability and Justice Strengthening (PAJ) activity in Jordan, as described in the attached Request for Proposals (RFP). The Government contemplates an award of a Cost-Plus-Fixed-Fee completion type contract resulting from this solicitation. USAID intends to make one award as a result of this solicitation; however, USAID reserves the right to make more awards or fewer awards than this anticipated number.

USAID invites all eligible and responsible organizations to submit offers in accordance with the requirements of this solicitation. USAID is conducting this procurement as a full and open competition under which any type of eligible organization may submit a proposal. The procedures set forth in the Federal Acquisition Regulation (“FAR”) Part 15 will govern the procurement. The North American Industry Classification System (“NAICS”) Code is 541990.

Subject to funds availability, the Government anticipates an estimated funding range of approximately $35-$39 million over the four-year period. Although an anticipated range is provided, this does not mean that Offerors should necessarily strive to meet the maximum amount. Offerors must propose costs that they believe are realistic and reasonable for the work.

Interested organizations must carefully read Section L of the RFP, which sets forth all of the instructions for the preparation and submission of a proposal. Section M states the criteria by which proposals will be evaluated. Any questions related to this solicitation must be received in writing via email to JordanPAJ@usaid.gov no later than the time and date indicated above. Questions received by any other means or received after the questions deadline will not receive a response. USAID will publicly post all questions and responses as an amendment to this RFP. Oral explanations or instructions given before award of the contract will not be binding.

mailto:JordanPAJ@usaid.gov

This RFP in no way obligates USAID to award a contract nor does it commit USAID to pay any costs incurred in the preparation and submission of a proposal. Award of a contract under this RFP is subject to availability of funds and other internal USAID approvals.

This RFP can be viewed and downloaded from https://beta.sam.gov/. USAID bears no responsibility for data errors resulting from transmission or conversion processes. Further, be aware that amendments to solicitations are occasionally issued, and will be posted on the same website from which you downloaded the solicitation. USAID advises interested organizations to regularly check the above website for amendments.

Sincerely, Camille Garcia Supervisory Contracting Officer https://beta.sam.gov/

72027821R00007

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

1 149

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

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

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

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

03/30/2021 REQ-278-21-000024

X

720278

USAID/Jordan American Embassy PO Box 354 Amman, 11118, Jordan 11118

8:00 AM 04/25/2021

Ahmad Al-Shrari aalshrari@usaid.gov

X

X

X

X

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PAGE(S)

Camille Garcia

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____180_________ calendar days (60 calendar days unless a different period is inserted

RFP No. 72027821R00007 USAID/Jordan - Public Accountability and Justice Strengthening Activity

TABLE OF CONTENTS

PART I – THE SCHEDULE 8

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS 8

B.1 PURPOSE 8

B.2 CONTRACT TYPE 8

B.3 TOTAL ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT 8

B.4 CONTRACT LINE ITEMS 8

B.5 COST REIMBURSABLE 9

B.6 PAYMENT OF FIXED FEE 9

B.7 INDIRECT COSTS 9

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 11

C.1 PURPOSE 11

C.2 SCOPE 11

C.3 BACKGROUND 11

C.4 OPPORTUNITIES AND RISKS 13

C.5 LINK TO MISSION STRATEGY AND GOVERNMENT OF JORDAN PRIORITIES 13

C.6 BUILDING ON PREVIOUS USAID ASSISTANCE 13

C.7 PROJECT OBJECTIVES 14

C.8 INSTITUTIONAL SUPPORT FUND 26

C.9 GRANTS UNDER CONTRACT 27

C.10 GENERAL CONSIDERATION AND ADDITIONAL REQUIREMENTS 27

SECTION D – PACKAGING AND MARKING 29

D.1 AIDAR 752.7009 MARKING (JAN 1993) 29

D.2 BRANDING AND MARKING POLICY 29

D.3 BRANDING IMPLEMENTATION AND MARKING PLAN 29

SECTION E - INSPECTION AND ACCEPTANCE 30

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 30

E.2 INSPECTION AND ACCEPTANCE/RESPONSIBLE OFFICIAL 30

SECTION F - DELIVERIES OR PERFORMANCE 31

F.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 31

F.2 PERIOD OF PERFORMANCE 31

F.3 PLACE OF PERFORMANCE 31

F.4 AUTHORIZED WORK WEEK 31

F.5 KEY PERSONNEL 31

F.6 REPORTS AND DELIVERABLES OR OUTPUTS 33

F.7 TEAMS AND USAID SPONSORED J-1 VISAS 46

F.8 COMPLIANCE WITH ADS 302.3.5.21 - SUBMISSION OF DATASETS TO THE DEVELOPMENT

DATA LIBRARY (DDL) (OCTOBER 2014) 46

F.9 AIDAR 752.245-70 - GOVERNMENT PROPERTY—USAID REPORTING REQUIREMENTS (OCT

2017) 47

F.10 ANNUAL SELF-REPORTING CERTIFICATION REQUIREMENTS 49

F.11 PERFORMANCE STANDARDS 50

SECTION G - CONTRACT ADMINISTRATION DATA 51

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 51

G.2 CONTRACTING OFFICER’S AUTHORITY 52

G.3 ADMINISTRATIVE CONTRACTING OFFICE 52

G.4 CONTRACTING OFFICER’S REPRESENTATIVE (COR) 52

G.5 PAYING OFFICE 53

G.6 CONTRACTOR’S PRIMARY POINT OF CONTACT 53

G.7 ACCOUNTING AND APPROPRIATION DATA 53

G.8 TECHNICAL DIRECTION/RELATIONSHIP WITH USAID 53

G.9 ACCEPTANCE AND APPROVAL 55

SECTION H - SPECIAL CONTRACT REQUIREMENTS 56

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 56

H.2 AIDAR 752.7001 - BIOGRAPHICAL DATA (JUL 1997) 56

H.3 AIDAR 752.7013 - CONTRACTOR-MISSION RELATIONSHIPS (JUN 2018)

(M/OAA-DEV-AIDAR-20-03c) 56

H.4 AIDAR 752.7007 PERSONNEL COMPENSATION (JUL 2007) 57

H.5 EMPLOYMENT COSTS OF THIRD COUNTRY NATIONALS (TCNs) AND COOPERATING COUNTRY NATIONALS (CCNs) 57

H.6 AUTHORIZED GEOGRAPHIC CODE 58

H.7 INFORMATION TECHNOLOGY RESOURCES 58

H.8 DEFENSE BASE ACT (DBA) INSURANCE 58

H.9 ELECTRONIC PAYMENTS SYSTEM 59

H.10 GRANTS UNDER CONTRACTS (GUCs) 60

H.11 LOGISTIC SUPPORT 60

H.12 CONFLICTS OF INTEREST 60

H.13 STANDARDS OF CONDUCT – IMPROPER BUSINESS PRACTICES 62

H.14 AIDAR 752.222-70 USAID DISABILITY POLICY - (DEC 2004) 62

H.15 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014) 62

H.16 GOVERNMENT PROPERTY 63

H.17 AIDAR 752.245-71 TITLE TO AND CARE OF PROPERTY 63

H.18 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES 63

H.19 ENVIRONMENTAL COMPLIANCE AND MANAGEMENT 63

H.20 CLIMATE RISK MANAGEMENT 64

H.21 VALUE ADDED TAX AND CUSTOMS DUTIES 65

H.22 CONSENT TO SUBCONTRACT 65

H.23 PRESS AND PRESS RELATIONS 65

H.24 PROHIBITION AND ASSISTANCE TO DRUG TRAFFICKING 65

H.25 GOVERNMENT FURNISHED FACILITIES OR PROPERTY 65

H.26 AMERICAN EMBASSY COMMUNITY SERVICE ASSOCIATION (AECSA) 66

H.27 SOVEREIGN RELATIONSHIPS 66

H.28 MEETINGS WITH GOVERNMENT OF JORDAN MINISTERS 66

H.29 CONTRACTOR’S USE OF PROJECT VEHICLES 66

H.30 ADS 547- MANAGEMENT OF INFORMATION TECHNOLOGY RESOURCES 66

H.31 DISCLOSURE OF INFORMATION 67

H.32 ADS 302.3.5.19 - USAID-FINANCED THIRD-PARTY WEB SITES (NOVEMBER 2017) 68

H.33 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS AMENDED

H.34 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (APRIL 2018)

(DEVIATION NOs. M/OAA-DEV-FAR-20-3c and M/OAA-DEV-AIDAR-20-2c) (APRIL 2020) 69

H.35 MEDIA AND INFORMATION HANDLING AND PROTECTION (APRIL 2018) 70

H.36 PRIVACY AND SECURITY INFORMATION TECHNOLOGY SYSTEM INCIDENT REPORTING

(APRIL 2018) 72

H.37 SKILLS AND CERTIFICATION REQUIREMENTS FOR PRIVACY AND SECURITY STAFF

(APRIL 2018) 75

H.38 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY

RESOURCES (APRIL 2018) 76

H.39 CLOUD COMPUTING (APRIL 2018) 81

H.40 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JUL 2007) 87

H.41 FAR PART 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (SECTION

889) (JANUARY 2021) 87

H.42 FAR PART 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (SECTION

889) (JANUARY 2021) 88

PART II - CONTRACT CLAUSES 89

SECTION I – CONTRACT CLAUSES 89

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 89

I.2 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015) 89

I.3 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 89

I.4 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020) 94

I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 97

I.6 52.229-8 TAXES-FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990) 97

I.7 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) 98

I.8 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JUL 2007) 99

I.9 AIDAR 752.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST DISCOVERED AFTER

AWARD (JUN 1993) 100

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 101

SECTION J - LIST OF ATTACHMENTS 101

PART IV - REPRESENTATIONS AND INSTRUCTIONS 102

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS 102

K.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 102

K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) 102

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) 104

K.4 52.204-20 PREDECESSOR OF OFFEROR 108

K.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) 109

K.6 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION

(OCT 2020) 111

K.7 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) 111

K.8 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 113

K.9 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 115

K.10 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020) 115

K.11 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION

(JUL 2020) 116

K.12 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 117

K.13 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 118

K.14 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER

SOFTWARE (DEC 2007) 118

K.15 SIGNATURE 119

SECTION L –INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 120

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 120

L.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 120

L.3 52.216-1 TYPE OF CONTRACT (APR 1984) 121

L.4 52.233-2 SERVICE OF PROTEST (SEP 2006) 121

L.5 GENERAL INSTRUCTIONS TO OFFERORS 121

L.6 SUBMISSION/DELIVERY INSTRUCTIONS 122

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL 123

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL 129

L.9 INSTRUCTIONS FOR PREPARATION OF THE BRANDING IMPLEMENTATION PLAN AND

MARKING PLAN 136

SECTION M – EVALUATION FACTORS FOR AWARD 138

M.1 GENERAL INFORMATION 138

M.2 TECHNICAL PROPOSAL EVALUATION 138

M.3 COST PROPOSAL EVALUATION 140

M.4 DETERMINATION OF THE COMPETITIVE RANGE 140

M.5 SOURCE SELECTION 140

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to obtain services as described in Section C - DESCRIPTION/ SPECIFICATIONS/STATEMENT OF WORK for the Public Accountability and Justice Strengthening Activity.

B.2 CONTRACT TYPE

This is a cost-plus-fixed-fee (CPFF) completion contract. For the consideration set forth below, the contractor must provide the deliverables or outputs described in Sections C and F in accordance with the performance standards specified in Section F, and otherwise comply with all contract requirements.

B.3 TOTAL 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 total estimated cost plus fixed fee (if any) specified in paragraphs (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.

B.4 CONTRACT LINE ITEMS

CLIN Supplies/Services (Description)

Amount

(USD)

0001a

0001b

0001c

0001d

0001e

Public Accountability and Justice Strengthening

Personnel [TBD]

Other Direct Costs [TBD]

Subcontracts [TBD]

*Institutional Support Fund $10,000,000

Grants Under Contract $4,400,000

0001f Indirect Costs [TBD]

Total Estimated Cost [TBD]

Fixed Fee [TBD]

Total Estimated Cost-Plus Fixed Fee: [TBD]

*Expenditures under this line item require written USAID approval in advance

B.5 COST REIMBURSABLE

The U.S. dollar costs allowable shall be limited to reasonable, allocable and necessary costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment, FAR 52.216-8, Fixed Fee, if applicable, and AIDAR 752.7003, Documentation for Payment.

In addition, the requirement and conditions concerning estimated cost and funding apply as detailed in FAR 52.232-22, Limitation of Funds, incorporated by reference in Section I of this contract.

B.6 PAYMENT OF FIXED FEE

Payment of fixed fee will be made upon receipt of a proper invoice and shall directly correspond to the proportion of allowable costs being paid. Specifically, in accordance with FAR 52-216-8, Fixed Fee, the Contracting Officer (CO) will withhold 15% of the total fee or $100,000.00, whichever is less, until the required awards conditions under the reference clause have been met.

Two exceptions to paying fixed fee in this manner apply:

(a) If the CO determines that this method results in paying a disproportionately higher ratio of fixed fee than the percentage of work that the Contractor has completed, then the CO may suspend further payment of any fixed fee until the Contractor has made sufficient progress to justify further payment, up to the agreed percentage.

(b) The clauses entitled "Allowable Cost and Payment" (FAR 52.216-7) and "Fixed Fee" (FAR 52.216-8) are incorporated into this contract.

B.7 INDIRECT COSTS

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

Description Rate Base Type Period

Indirect Cost X % 1/ 1/ 1/

Indirect Cost Y % 2/ 2/ 2/

Indirect Cost Z % 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:

END OF SECTION B

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 PURPOSE

The overall goal of the USAID Public Accountability and Justice Strengthening Activity (the “Activity”) is to increase the accountability and effectiveness of public institutions in Jordan.

C.2 SCOPE

This Statement of Work (SoW) describes in detail the objectives of the Activity, and the interventions and methodologies that will be used in achieving those objectives. The Activity will strengthen accountability systems, procedures, and mechanisms within the Government of Jordan (GOJ) and judicial institutions and enhance their ability to serve and communicate effectively with the public. It will also foster awareness and pressure by civil society organizations (CSOs), the public, and the private sector on the government’s adherence to the law and its international commitments to govern in an accountable manner that safeguards the rights of vulnerable populations.

C.3 BACKGROUND

Jordan’s current political and economic challenges stem from a number of factors that have created tension in the citizen-state relationship. Limited oversight and accountability of government functions, a weak judiciary and uneven application of the law, and poor communication between the government and the public have contributed to growing disillusionment in the government and stagnating economic growth. These challenges are occurring at a time when the country is witnessing evolving gender roles, and limited employment opportunities for youth.

Following a relatively peaceful movement for reform, the government was tasked by the King to take real measures that aim to reform the economy, combat corruption, implement good governance practices across the public sector as a whole, and enhance public confidence in the government. Progress on these efforts has stalled, while additional pressures resulting from the Syrian refugee crisis and the Covid-19 pandemic have highlighted the urgent need for change.

1. Institutional accountability systems and transparency

The GOJ’s institutional checks and balances are weak, and there is limited information sharing and transparency with respect to decision-making. This has significant implications for the delivery of services, the protection of rights and the appetite for economic investment in Jordan.

While Jordan has committed on paper to a number of reforms related to open and accountable government and the protection of human rights1, the operationalization of these treaties and reforms has been slow to materialize. The Jordan Integrity and Anti-Corruption Commission (JIACC), has a mandate to tackle corruption, but successful prosecutions of high-ranking officials

1 Including the United Nations Convention Against Corruption (UNCAC), the Extractive Industries Transparency Initiative (EITI), the Open

Government Partnership (OGP), and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) are rare. Political will to fight corruption has been growing in recent years, and Jordan has begun implementing an ambitious transition to e-government designed to streamline certain public functions serving the public. However, this is a complex undertaking that will require significant resources, widespread support and changes in behavior in order to be successful and sustainable.

In the meantime, wasta within government institutions continues to influence employment, promotion, decision-making, service delivery, access to resources, and procurement systems. In addition, government data is often unreliable or incomplete, and outreach to the public is irregular. And, despite some initial progress under the Open Government Partnership (OGP) action plan, opportunities for civil society or media to channel citizens’ interests vis-à-vis the government remain limited.

2. Justice Sector

A number of reforms and interventions of recent years have resulted in substantial progress towards a more efficient and effective judicial system. Some initial steps have been taken to secure the separation of powers and independence of the judiciary (including financial independence), but further targeted reforms are needed to institutionalize these gains and ensure a well-resourced Judicial Council that can manage the judiciary’s affairs and better safeguard judges’ independent decision making.

Access to justice and confidence of the public and businesses in the judicial system have also begun to see some positive change, but these remain affected by issues of quality, efficiency and transparency of service delivery, as well as poor protection of human rights. Laws are often inconsistently applied due to a poor understanding of new legislation and procedures by judges and prosecutors, as they involve a significant change in practice. Long delays and high costs remain common features of the system, and recently improved case management systems require continued support. Staffing is also a continuing concern, as the current composition of the judiciary has highlighted issues of equity within the legal profession, with only a small number of female judges on the bench.

3. Public Oversight and Citizen Engagement

During the last decade, public dissent has created high demand for economic and political reforms in Jordan, and has been the engine behind the development of numerous reform initiatives. Often minimal changes and reforms will take place unless there is substantial public demand and expectations placed on the government. It can be observed that strategies in the civil society sector to date have been characterized by an emphasis on working with key stakeholders and donors and lack coalition building across CSOs and with citizens. Furthermore, lack of information-sharing among CSOs as well as limited data on CSOs and their activities leads to duplication of efforts and hinders collaboration.

Currently, channels and protocols to improve the flow of information between subnational councils and ministries are absent; moreover, there is a need for establishing communication mechanisms to improve the information flow from the government to citizens and from citizen to government. Additionally, CSOs have low management and financial capacity and insufficient resources to monitor government functions, raise awareness and mobilize advocacy and public pressure. Additionally, few accountability mechanisms coupled with an absence of effective communication fuels citizen distrust in government institutions as well as feelings of marginalization and disenfranchisement, especially in remote areas.

C.4 OPPORTUNITIES AND RISKS

In Jordan, a unique opportunity exists to engage the private sector in anti-corruption and public accountability reforms. Too often the private sector can be complicit in corruption, serving as a facilitator or conduit for bribery and other forms of corruption. However, the private sector can also feel the greatest brunt of corruption through the skewing of prices and an uneven competitive playing field, among other things. In light of the increasingly interdependent global economy, additional pressures are placed upon businesses to conform to certain expectations and standards of integrity, at the risk of sanctions and lost opportunities. In Jordan, businesses must often move forward with ensuring compliance in their own organizations in order to keep or attract foreign investors and business partners, even if the GOJ is slower to act in this regard. The interventions designed to be undertaken through this Activity must leverage these external pressures as drivers for public reform and accountability.

Jordan’s key challenge over the next five years is to reformulate its social contract and increase its commitment to self-reliance while maintaining the economic, social, and cultural assets that have seen it through enormous hardships. Economic risks include a continued global economic downturn, an increasing public debt burden, and regulatory barriers impeding needed foreign investment. Jordan’s ability to implement reforms is also complicated by inconsistent political will, frequent changes in Ministry leadership positions, low levels of citizen-state trust, and lack of civil service capacity.

C.5 LINK TO MISSION STRATEGY AND GOVERNMENT OF JORDAN PRIORITIES

The United States is firmly committed to Jordan’s security and stability. This Activity directly supports USAID’s Country Development Cooperation Strategy (CDCS) for 2020-2025, in particular Development Objective 3 (DO3), Equitable, Democratic Governance Strengthened. DO3’s development hypothesis states that If USAID assists the GoJ with increasing the accountability and effectiveness of public institutions, expanding civic engagement, increasing citizens’ trust and accountability, and advancing the rights of women and marginalized groups, then USAID will contribute to more equitable and democratic governance in Jordan. This activity also aligns with GOJ priorities and the King’s desire for governance reforms in Jordan across multiple sectors at the national and local level, including international treaty commitments, the drafting of a law to combat corruption, the creation of a public sector Code of Conduct, and the adoption of the 2017-2025 National Anti-Corruption Strategy by the JIACC.

C.6 BUILDING ON PREVIOUS USAID ASSISTANCE

Between 2015 and 2020, USAID/Jordan, under its Rule of Law Program (ROLP), in close partnership with the Judicial Council and Ministry of Justice (MOJ), implemented a comprehensive activity to strengthen the rule of law through the development of a more fair, effective, transparent and efficient judicial system in Jordan. Attachment (J-8) describes accomplishments achieved under that assistance.

C.7 PROJECT OBJECTIVES

The goal of the Activity implemented under this contract is to increase the accountability and effectiveness of public institutions in Jordan. The Contractor must build on the programs implemented by USAID and other donors, utilizing approaches that address systems, processes, inter-relationships and behavior. The Contractor must adopt an approach that supports both sides of supply and demand for increased accountability and effectiveness by adopting a top-down and bottom-up approach. Top down interventions aimed at improving supply are focused on strengthening the capacity of agencies and systems within the GOJ to meet international standards and promote public integrity, accountability, access to justice, rule of law and effective protection of legal and human rights for its citizens. Bottom up demand-side interventions, on the other hand, will target civil society and other non-governmental actors, including the private sector, to increase their capacity for advocacy and engagement on reforms related to government accountability and the effective protection of all individuals’ rights.

The following summarizes the components and results that the Contractor will implement under this contract:

Goal: Accountability and Effectiveness of Public Institutions Increased

Component 1: GOJ institutions’ efficiency, transparency, and protection of human rights increased

Component 2: Justice sector’s independent, equitable and efficient delivery of services advanced

Component 3: Public demand for government transparency, the rule of law, and the protection of human rights increased

Sub-Result 1.1: Improved policy and legislative framework for compliance with international and domestic commitments to promote the rule of law and protect human rights

Sub-Result 2.1: Increased financial resources to support independent judicial operation

Sub-Result 3.1: Increased operational effectiveness of CSOs engaged in improving GOJ accountability and effectiveness

Sub-Result 1.2: Increased capacity and operation of institutional accountability systems, processes and practices

Sub-Result 2.2: Improved technical skill and capacity of justice sector actors on human rights protection and combating corruption

Sub-Result 3.2: Increased public awareness and engagement on government transparency, the rule of law, and the protection of human rights

Sub-Result 1.3: Reduced opportunities for undue influence and increased transparency in government decision-making and the delivery of services

Sub-Result 2.3: Improved tools for efficient and effective case management and access to services, particularly for marginalized groups

Sub-Result 3.3: Increased monitoring and oversight by non-governmental actors of GOJ performance in strengthening transparency, the rule of law, and the protection of human rights

Sub-Result 1. 4: Engagement mechanisms with non-state actors advanced

Sub-Result 1.5: Improved development outcomes by strengthening public accountability, rule of law, and human rights systems, processes and practices in other related USAID development sectors.

Component 1: GOJ institutions efficiency, transparency, and protection of human rights increased

Under this first and most significant component of the Activity, the Contractor must support the GOJ in its efforts to enhance efficiency, transparency and efforts that protect human rights. The Contractor must adopt a multi-faceted approach tailored to the needs of different institutions, including assessments, short and long term technical assistance, diverse methods of capacity building and on-the-job training, and other tools as needed. The Contractor must consider the current trends and receptivity for change at different levels within the GOJ, and capitalize on or build momentum for reform through its implementation of interventions under each of the Sub-Results.

Sub-Result 1.1: Improved policy and legislative framework for compliance with international and domestic commitments to promote the rule of law and protect human rights

The Contractor must support the GOJ in addressing its obligations and its national and international commitments on the rule of law and human rights, including with respect to preventing and effectively addressing corruption, gender-based violence and trafficking in persons.

Requirements and Expected Results

To achieve this sub-result, the Contractor must:

● Conduct an annual assessment of legislative and policy compliance with domestic and international commitments on the rule of law and protection of human rights, taking into consideration assessments already conducted by other stakeholders and not duplicating any work they have undertaken. The Contractor must develop recommendations for legislative and policy changes.

● In line with its annual assessment and together with GOJ counterparts, propose and draft legislation and amendments to existing legislation/regulations to align Jordan’s laws and GOJ institutions with the government’s international obligations and internationally-recognized standards, including but not limited to the United Nations Convention Against Corruption (UNCAC), the OGP, the Extractives Industry Transparency Initiative, and the Convention on the Elimination of all forms of Discrimination Against Women.

● Provide technical assistance on budget development and planning to GOJ institutions implicated in proposed legislation and policy reform, to ensure their ability to comply with new requirements.

● Advocate for the adoption of the proposed new legislation, regulations or amendments, through roundtable discussions with GOJ, civil society stakeholders, donors and development partners.

Technical Deliverables

● Annual assessment of legislative and policy compliance with domestic and international commitments on the rule of law and protection of human rights.

● Recommendations for legislative and policy changes to meet domestic and international commitments on the rule of law and protection of human rights

● Proposed draft legislation and amendments to existing legislation/regulations to align Jordan’s law and GOJ institutions with the government’s international obligations and internationally-recognized standards.

Sub-Result 1.2: Increased capacity and operation of institutional accountability systems, processes and practices

The Contractor must work across all government branches to bolster the capacity of key GOJ transparency and accountability institutions to improve coordination and comply with the legislation and policy changes developed under subresult 1.1. The contractor must recommend efficient service delivery practices such as automation and improved process flow.

Requirements and Expected results

To achieve this sub-result, the Contractor, taking into consideration the political buy-in and commitments of the related institutions, must:

● Provide technical assistance to the Audit Bureau to build their internal capacity to draft annual reports and build the needed mechanisms for follow-up on the implementation of the main recommendations of those reports. This will entail conducting an institutional review and a comprehensive needs assessment, then providing needed technical assistance to ensure that their reports are aligned with international standards and the recommendations are being followed up and monitored regularly.

● Partner with the Jordan Integrity and Anti Corruption Commission (JIACC) to ensure that the strategic goals set in the commission’s strategy for 2017-2025 are being met and the Jordan United Nations Convention Against Corruption (UNCAC) commitments are being implemented.

This will entail jointly developing an implementation plan with clear roles and responsibilities and providing technical assistance to the commission to ensure that the plan is being implemented properly.

● Partner with the Legislative and Opinion Bureau, Audit Bureau, JIACC, and the Constitutional Court to build their capacity and enhance their transparency and efficiency. This will entail conducting a governance and transparency assessment for each of the partners and then jointly developing an implementation plan with set and clear milestones and targets.

● Partner with the Institute of Public Administration (IPA) to jointly develop a five year strategy for the institute to support in positioning it as the lead institution for public sector reform. This will also entail providing technical assistance to the institute in developing new and specialized leadership training programs for civil servants in Jordan and the region.

● Provide technical assistance and needed tools to support the establishment of internal audit and control systems within three pilot ministries and public institutions. This will entail developing clear criteria for the selection of pilot ministries and public institutions, which includes recommendations to USAID as per USAID/Jordan’s priorities. Once USAID has selected the pilot ministries, the Contractor must jointly develop a strategy and annual work plans with those ministries to establish systems needed for internal audit and control systems and provide technical assistance as needed.

● In close coordination with the JIACC, Judicial Council, and the GOJ, develop standardized procedures for cooperation and exchange of information among government ministries and agencies tasked with investigating corruption cases and asset recovery. In addition, the contractor must support in the adoption and implementation of those standardized procedures across relevant ministries and agencies.

● In close coordination with the Civil Service Bureau (CSB) and relevant ministries, develop a delegation of authority system for the public sector in Jordan. This system will ensure the continuity of service delivery within public institutions when key staff are on leave. The contractor must lead the development of the system by reviewing the current delegation of authority system, job descriptions, and organizational structures of targeted ministries and public institutions, then propose an upgraded system to the CSB and relevant ministries. The contractor will provide technical and needed tools for rolling out the newly developed system to three pilot ministries that will be selected in close coordination with USAID/Jordan.

Technical Deliverables

● Institutional review and a comprehensive needs assessment for the Audit Bureau

● Implementation plan for the Jordan Integrity and Anti-Corruption Commission’s strategy

● Governance and transparency assessment and an implementation plan for the Legislative and

Opinion Bureau, Audit Bureau, JIACC, and the Constitutional Court.

● Five year strategy for the Institute of Public Administration to support in positioning it as the lead institution for public sector reform

● Selection criteria for selecting three pilot ministries that will establish internal audit and control systems.

● Strategy and annual work plans with the selected three pilot ministries to establish systems needed for internal audit and control systems.

● Standardized procedures for cooperation and exchange of information among government ministries and agencies tasked with investigating corruption cases and asset recovery.

● Gap analysis report of the current delegation of authority system, job descriptions, and organizational structures of the public sector in Jordan.

● An upgraded proposed delegation of authority system for the public sector in Jordan.

Sub-Result 1.3: Reduced opportunities for undue influence and increased transparency in government decision-making and the delivery of services

By automating services and streamlining service delivery, interventions under this sub-result will reduce opportunities for government abuse of power and support the GOJ’s efforts on reducing corruption, including wasta, and its influence on employment, decision-making, services delivery, and access to resources and procurement. The Contractor, in consultation with the GOJ, must develop effective, efficient, transparent and accessible mechanisms for resolving disputes and addressing the concerns of the public. In each of the interventions described below, the Contractor must support capacity building efforts through technical assistance and training in organizational change management techniques within governmental and judicial bodies, to enable government officials and staff to better meet citizen needs and protect their rights.

Requirements and Expected results

To achieve this sub-result, the Contractor must:

In consultation with USAID/Jordan and the GOJ, support the nation-wide e-government transformation program by reengineering selected processes and automating the delivery of services. The Contractor must propose to USAID/Jordan the processes and services they intend to reengineer and automate upon consultation with the GOJ and seek approval prior to implementation. The contractor must plan on conducting an end-to-end e-business process reengineering for all e-government services, which entails the development of scope of work with relevant stakeholders, development of business plans, Standard Operating Procedures (SOPs), IT specification requirements, and programming and testing.

● In collaboration with the CSB, conduct a capacity needs assessment to highlight gaps and areas of improvement to further build the capacity, transparency, and efficiency of the bureau in managing the civil servants in Jordan in terms of hiring, human resources management, and disputes management. The Contractor must support the CSB by providing technical assistance and needed tools to ensure that the recommendations of the assessment are implemented.

● Identify key high demand governmental processes and systems through a well established selection criteria to be approved by USAID/Jordan, then work closely with relevant governmental institutions on automating these processes and services to minimize the influence of wasta in decision-making, procurement, service delivery, registration, licensing and permitting, and public employment hiring.

● In consultation with USAID/Jordan, partner with the CSB and the Public Sector Development Unit at the Prime Ministry to identify key pilot targeted institutions that will benefit from technical assistance to develop standard processes and procedures for the delivery of public services. This will entail conducting a comprehensive review of all current processes and procedures and identifying the gaps and recommendations for enhancing these processes and procedures. The Contractor must provide technical support and needed tools to those institutions in implementing the recommendations and conducting the comprehensive process of reengineering.

● Provide technical assistance to the CSB on developing a transparent hiring, human resources management, and promotion system that will further enhance the efficiency of the public sector in Jordan. After the development of the system, the Contractor in close coordination with the CSB must identify pilot ministries and institutions and provide technical assistance and needed tools, including through comprehensive on-the-job training, to implement the updated hiring and promotion system. This system will enhance women’s opportunities to enter and lead in the public sector by establishing clear and transparent standards and requirements for hiring and promotions. This will further support the GOJ in its efforts to reduce the influence of wasta in its civil service.

● Provide technical assistance to the Public Sector Development Unit at the Prime Ministry to develop a comprehensive public feedback system and upgrade currently used online platforms that capture citizens’ complaints to further improve the monitoring of quality service delivery. In addition, the contractor in close coordination with USAID/Jordan must select three pilot public institutions and provide technical, material and financial assistance for an initial roll-out of the newly developed and upgraded systems that capture public feedback and channel them to relevant staff within these institutions.

● Develop and implement community-wide behavioral and perceptual change towards corruption by supporting public awareness and advocacy campaigns by the government and civil society to support public reform efforts and enhance the public awareness of corruption in general, and wasta in specific and its negative impacts.

Technical Deliverables

● End-to-end e-business process reengineering for all e-government services, which entails the development of scope of work with relevant stakeholders, development of business plans, Standard Operating Procedures (SOPs), IT specification requirements, and programming and testing.

● Capacity needs assessment for the Civil Service Bureau to highlight gaps and areas of improvement to further build the capacity, transparency, and efficiency of the bureau in managing the civil servants in Jordan in terms of hiring, human resources management, and disputes management.

● Proposed transparent hiring, human resources management, and promotion system that will further enhance the efficiency of the public sector in Jordan.

● Upgraded public feedback system and online platforms that capture citizens’ complaints at the Public Sector Development Unit at the Prime Ministry.

● Proposed public awareness and advocacy campaigns by the government and civil society to support public reform efforts and enhance public awareness of corruption in general, and wasta in specific and its negative impact.

Sub-Result 1.4: Engagement mechanisms with non-state actors advanced

Interventions under this sub-result will directly support enhancing citizen trust in and access to government information and services, and will focus on improving the communication, cooperation, competencies, and working relationships between multiple GOJ entities to ensure that the rule of law and public accountability systems, processes, and practices are in place and are being effectively implemented.

Requirements and Expected results

To achieve this sub-result, the Contractor must:

● Provide technical assistance to the Prime Minister’s office (PMO) to develop a five year outreach and communication strategy that aims to enhance the digital outreach and communication of the Prime Minister and the PMO’s ability to communicate effectively with citizens to further build citizen-state trust in Jordan. This component will leverage previous Mission/Embassy engagements with the Prime Minister's communication office.

● Provide technical assistance to the GOJ in establishing communication channels and effective mechanisms for engagement with civil society and the private sector to ensure that they are involved in the decision-making process and that required regulatory processes are established.

This will entail conducting comprehensive consultations with relevant stakeholders and drafting recommendations. The contractor must then support the GOJ in the implementation of these recommendations with further technical assistance and needed tools.

Technical Deliverables

● Five year outreach and communication strategy that aims to enhance the digital outreach and communication of the Prime Minister and his office, and their ability to communicate effectively with citizens to further build citizen-state trust in Jordan.

● Report and recommendations based on the results of consultations with relevant stakeholders on the establishment of communication channels and effective mechanisms for engagement between the government and civil society and the private sector.

Sub-Result 1.5: Improved development outcomes by strengthening public accountability, rule of law, and human rights systems, processes and practices in other related USAID development sectors.

The contractor must coordinate with other USAID-funded activities and support other sectoral development programs that are developing and/or strengthening public accountability systems within their development sector. The contractor must supplement the efforts and fill in the gaps and assist in rolling out technologies that enhance accountability across the public sector. The contractor must also work on strengthening the linkages and coordination between different governmental entities, develop effective public outreach and participatory practices, strengthen government communication, and provide technical assistance.

In conducting specific activities and interventions, the contractor, in close consultation with the USAID Democracy Rights and Governance office and other USAID sectoral offices and projects, must target at a minimum three GOJ ministries and public institutions which are integral to meeting GOJ international and domestic rule of law, public accountability and human rights commitments or are strategic to the United States Government (USG) foreign policy or development goals and objectives.

Requirements and Expected results

● Enhanced public accountability systems, processes, practices and mechanisms with at least three government ministries or independent institutions. Support should result in improved:

organizational change management, strategic planning, policy-making,legal drafting, public management and leadership, public procurement, merit-based hiring and promotion, established Codes of Conduct for public employees, and improved delegation of authority processes.

● The contractor must partner with three government ministries or independent institutions on enhancing their public accountability systems, processes, practices, and mechanisms. This will entail having a team of consultants and subject matter experts embedded or working closely within those ministries and/or institutions to conduct required needs assessments, propose recommendations, and work closely with the ministry/institution’s staff in the implementation of these recommendations. The contractor must work on improving the following: organizational change management, strategic planning, policy-making, legal drafting, public management and leadership, public procurement, merit-based hiring and promotion and established Codes of Conduct for public employees, and improved delegation of authority processes.

Technical Deliverables

● Enhanced public accountability systems, processes, practices, and mechanisms in at least three government ministries or independent institutions.