72051421R00015 - Inclusive Justice.pdf

Issuance Date: May 26, 2021 Questions Due Date: June 16, 2021, 17:00 Bogota Local Time Past Performance Due Date: July 5, 2021, 17:00 Bogota Local Time Full Proposal Due Date: July 12, 2021, 17:00 Bogota Local Time

Subject: Request for Proposal (RFP) No 72051421R00015, “USAID Inclusive Justice” Activity

Dear Prospective Offerors:

The United States Government, represented by the United States Agency for International Development (USAID)/Colombia, is seeking proposals from U.S. or non-U.S., non-profit or for-profit organizations, to provide services to increase the confidence of the Colombian people in the Justice Sector through reducing levels of impunity, increasing access to quality justice, and promoting respect for the rule of law, as described in the attached Request for Proposals (RFP).

The Authorized Principal Geographic Code for this solicitation is 937 – Default. The NAICS Code for this solicitation is 541990 – All Other Professional, Scientific and Technical Services.

USAID anticipates awarding a single Hybrid - Cost plus Fixed Fee (CPFF) Completion - Indefinite Delivery, Indefinite Quantity (IDIQ) Contract. The Total Estimated Cost-Plus Fixed Fee for services under this contract (CLIN 001 & CLIN 002) is estimated to fall within the range of $70 million to $80 million. This procurement will be conducted under Full and Open Competition procedures, pursuant to Part 15 of the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1). Please refer to Section L for information regarding proposal requirements.

Offerors should consider the expected delivery time required by the proposal transmission method they choose, and they are responsible for ensuring proposals are received at USAID by the due date and time as specified in Section L. Failure to comply with the submission date and time will deem any submission unacceptable and it will not be reviewed or evaluated. Faxed proposals are not acceptable, nor will they be reviewed or evaluated.

Section L of the RFP sets forth all instructions for the preparation and submission of required proposal contents, including critical dates/times for the submission of questions, and the proposal submission closing date and time. Section M states the criteria by which proposals will be evaluated. Oral explanations or instructions given before award of the contract that are not formalized with an amendment will not constitute a formal amendment of the RFP and will not be binding.

This RFP in no way obligates USAID to award a contract or task order nor does it commit USAID to pay any cost 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.

USAID expects that Offerors will have equal access to all local organizations needed to implement this contract and strongly discourages exclusivity agreements with local organizations.

This RFP can be viewed and downloaded from 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 to regularly check the above website for amendments.

Interested firms can register and use the Interested Vendor List (IVL) accessible through this solicitation on beta.sam.gov, so that firms can contact one another for consideration of teaming arrangements and/or small business subcontracting opportunities in response to this solicitation.

Sincerely, R. Clark Pearson Supervisory Contracting Officer USAID/Colombia http://www.fbo.gov/

72051421R00015

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

1 164

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

REQ-514-21-00007505/26/2021

X

720514

USAID/Colombia Office of Acquisition & Assistance Unit 3030, Box 5101

DPO, AA 34004

34004

1700 R 07/12/2021

Elkin Romero elromero@usaid.gov

PAGE(S)

Ronald (Clark) Pearson

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 _____0_________ calendar days (60 calendar days unless a different period is inserted

72051421R00015 – Inclusive Justice Activity SECTION B

Table of Contents

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. PURPOSE

B.2. CONTRACT TYPE AND SERVICES

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

B.4. CONTRACT BUDGET AND CEILINGS

B.5. OTHER DIRECT COST LIMITATIONS UNDER CLIN 002

B.6. LEVEL OF EFFORT

B.7. INDIRECT COST

B.8. COST REIMBURSABLE

SECTION C – PERFORMANCE WORK STATEMENT

C.1. USAID INCLUSIVE JUSTICE ACTIVITY (CLIN 001)

C.2. SPECIAL CONSIDERATIONS (APPLICABLE TO CLIN 001 AND CLIN 002)

C.3. ACTIVITY FUND (APPLICABLE TO CLIN 001)

C.4. CLIN 002

SECTION D – PACKAGING AND MARKING

D.1. AIDAR 752.7009 MARKING (JAN 1993)

D.2. BRANDING IMPLEMENTATION PLAN AND MARKING PLAN

SECTION E – INSPECTION AND ACCEPTANCE

E.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2. INSPECTION AND ACCEPTANCE

E.3. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) (APPLICABLE TO CLIN 001)

SECTION F – DELIVERIES OR PERFORMANCE

F.1. NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

F.2. PERIOD OF PERFORMANCE

F.3. PLACE OF PERFORMANCE

F.4. PERFORMANCE STANDARDS

F.5. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

F.6. REPORTS AND DELIVERABLES

F.7. FIXED FEE PAYMENT SCHEDULE [CLIN 001]

F.8. KEY AND NON-KEY PERSONNEL

F.9. AUTHORIZED WORKDAY/WEEK

F.10. ORDERING SUPPLEMENTAL TECHNICAL ASISTANCE CLIN 002

SECTION G– CONTRACT ADMINISTRATION DATA

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

G.2. CONTRACTING OFFICER – CONTRACTING OFFICER’S REPRESENTATIVE

G.3. CONTRACTOR’S PRIMARY POINT OF CONTACT

G.4. PAYING OFFICE

G.5. ACCOUNTING AND APPROPRIATION DATA

G.6. CONTRACTOR’S PAYMENT ADDRESS

G.7. CONTRACTING OFFICER'S AUTHORITY

G.8. TECHNICAL DIRECTION/RELATIONSHIP WITH USAID

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 AIDAR 752.7007 PERSONNEL COMPENSATION (JUL 2007)

H.3 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.4 AUTHORIZED

H.5 DEFENSE BASE ACT INSURANCE

H.6 EXECUTIVE ORDER ON TERRORISM FINANCING

H.7 ELECTRONIC PAYMENTS SYSTEM

H.8 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL) (OCTOBER

2014) 46

H.9 GRANTS UNDER CONTRACTS (GUC)

H.10 USAID-FINANCED THIRD-PARTY WEB SITES (NOVEMBER 2017)

H.11 TRANSITION OF KNOWLEDGE, SKILLS AND ABILITIES

H.12 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

H.13 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

H.14 NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION TECHNOLOGY

RESOURCES

H.15 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.16 ENVIRONMENTAL COMPLIANCE

H.17 EXCHANGE VISITORS AND TRAINING

H.18 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

H.19 INHERENTLY GOVERNMENTAL AND CLOSELY ASSOCIATED FUNCTIONS

H.20 PERFORMANCE MANAGEMENT INFORMATION SYSTEM

H.21 PRESS RELATIONS

H.22 SECURITY CONDITIONS

H.23 LIFE SUPPORT AND SECURITY SERVICES

H.24 TITLE TO AND CARE OF PROPERTY

PART II - CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

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

I.2 752.252-2 AIDAR SOLICITATION PROVISIONS INCORPORATED BY REFERENCE MAR 2015)

I.3 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

I.4 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

I.5 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATION AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

I.6 52.216-18 ORDERING (AUG 2020) (APPLICABLE TO CLIN 002 ONLY)

I.7 52.216-19 ORDER LIMITATIONS (OCT 1995) (APPLICABLE TO CLIN 002 ONLY)

I.8 52.216-22 INDEFINITE QUANTITY (OCT 1995) (APPLICABLE TO CLIN 002 ONLY)

I.9 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

I.10 52.229-8 TAXES – FOREIGN COST-REIMBURSEMENT CONTRACTS

I.11 52.244-2 SUBCONTRACTS (JUNE 2020)

I.12 52.247-1 COMMERCIAL BILL OF LADING NOTATIONS. (FEB 2006)

I.13 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT. (FEB 2006)

PART III – DOCUMENTS AND OTHER ATTACHMENTS

J.1. STATEMENT OF OBJECTIVES (SOO)

J.2. TECHNICAL LINKS FOR REFERENCE

J.3. ACRONYMS LIST

J.4. BRANDING AND MARKING TEMPLATE

J.5. CONTRACTOR PERFORMANCE REPORT - SHORT FORM

J.6. BUDGET GUIDANCE AND TEMPLATE

J.7. AMELP TEMPLATE

J.8. AMELP GUIDANCE

J.9. QASP TEMPLATE

J.10. CLIMATE RISK MANAGEMENT(CRM) TABLE

J.11. DIGITAL ECOSYSTEM COUNTRY ASSESSMENT (2020)

J.12. SECTION 889 RULE GUIDANCE

J.13. PRIVATE SECTOR ENGAGEMENT POLICY

J.14. BIOGRAPHICAL DATA SHEETS

J.15. SMALL BUSINESS SUBCONTRACTING PLAN TEMPLATE

J.16. NON-U.S. ORGANIZATION PRE-AWARD SURVEY GUIDELINES AND SUPPORT

J.17. COUNTRY DEVELOPMENT COOPERATION STRATEGY (CDCS)

J.18. STANDARD INDICATORS

J.19. GUIDANCE FOR MONITORING USAID/COLOMBIA’S ENGAGEMENT WITH STAKEHOLDERS

PART IV – REPRESENTATION AND INSTRUCTIONS

SECTION K– REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1. NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2. 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(A) 84

K.3. 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

K.4. 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION. (OCT 2020)

K.5. 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.6. 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

K.7. 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS CERTIFICATION

(FEB 2021)

K.8 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN 2020)

K.9 52.230-7 PROPOSAL DISCLOSURE—COST ACCOUNTING PRACTICE CHANGES (APR 2005)

K.10 INSURANCE - IMMUNITY FROM TORT LIABILITY

K.11 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1. NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

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

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

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

AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT

L.5. GENERAL INSTRUCTIONS TO OFFERORS

L.6. GENERAL SUBMISSION INSTRUCTIONS

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

L.8. INSTRUCTIONS FOR PREPARATION OF THE COST/BUSINESS PROPOSAL

SECTION M – EVALUATION FACTORS FOR AWARD

M.1. GENERAL INFORMATION

M.2. TECHNICAL EVALUATION CRITERIA

M.3. COST EVALUATION

M.4. DETERMINATION OF COMPETITIVE RANGE

M.5. SOURCE SELECTION

ATTACHMENTS AND OTHER DOCUMENTS

J. 1 – STATEMENT OF OBJECTIVES (SOO)

J. 2 – TECHNICAL LINKS FOR REFERENCE

J. 3 – ACRONYMS LIST

J. 4 – BRANDING AND MARKING - GUIDANCE AND TEMPLATE FOR ACQUISITION AWARDS ...155

J.5 - PAST PERFORMANCE REPORT – SHORT FORM

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. PURPOSE

The purpose of this contract is to provide the services described in the Performance Work Statement (PWS) to implement the “USAID Inclusive Justice” Activity (henceforth ‘the Activity’), as described in Section C.

The Inclusive Justice Activity aims to increase the confidence of the Colombian people in the Justice Sector through reducing levels of impunity, increasing access to quality justice, and promoting respect for the rule of law.

B.2. CONTRACT TYPE AND SERVICES

This is a FAR 16.102(b) combination award consisting of a Cost-plus Fixed Fee (CPFF) Completion (CLIN 001) and a single-award Indefinite Delivery/Indefinite Quantity (IDIQ) type contract (CLIN 002) for the purpose of providing supplemental technical assistance.

Under the CPFF portion of the contract, which represents 85% of the total estimated cost, (CLIN 001), the Contractor must furnish all personnel, materials, equipment, supplies, facilities, services (except as expressly set forth in this contract as furnished by the U.S. Government (USG)) and perform all activities necessary for, or incidental to, the performance of work described in Section C and other sections of the contract not specifically identified under CLIN 002 as the IDIQ Supplemental Technical Assistance.

Under the IDIQ portion of the contract, which represents 15% of the total estimated cost, (CLIN 002), the Contractor must furnish additional supplemental technical assistance arising out of or related to the completion portion of the contract as required by USG-issued Level of Effort (LOE) Task Orders.

For the consideration set forth below, the Contractor must achieve the performance objectives and deliverables, or outputs described in Sections C and F, and otherwise comply with all contract requirements.

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

The Total Estimated Cost (TEC) for CLIN 001 and CLIN 002 is [TBD].

a. Estimated Cost and Fixed Fee for CLIN 001

The Total Estimated Cost for this CLIN is [TBD], exclusive of fixed fee, if any. The fixed fee, if any, is [TBD]. The estimated Cost-Plus-Fixed-Fee, if any is [TBD].

b. Estimated Cost and Fixed Fee for CLIN 002

The total estimated ceiling cost of this CLIN is [TBD], exclusive of the associated maximum fee of [TBD]. The total estimated ceiling cost and maximum fee is [TBD].

c. Payment of Fixed Fee

CLIN 001: Pursuant to FAR 16.306(d), the fixed fee is payable under CLIN 001 and will be tied to the conditions and completion of the deliverables specified in Section F.7 of this contract and in accordance with the amounts in B.3.a.

CLIN 002: Payment of the corresponding fixed fee for each Task Order will be negotiated at the task order level upon receipt of a proper invoice and must directly correspond to the percentage of level of effort being paid. In no event, the fixed fee of the Task Orders under CLIN 002 can exceed the fee percentage negotiated under CLIN 001.

d. Amount Obligated

CLIN 001: Within the estimated cost-plus fixed fee (if any) specified in paragraph a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is [TBD]. The Contractor must not exceed the aforesaid obligated amount nor will the United States Government (USG) be responsible for costs incurred should the Contractor do so.

Funds obligated hereunder are anticipated to be sufficient through [TBD].

B.4. CONTRACT BUDGET AND CEILINGS

CLIN 001

Direct Costs $TBD Indirect Costs $TBD Total Costs $TBD Fixed Fee $TBD Total Estimated Cost-Plus Fixed Fee $TBD

CLIN 002

Direct Costs $TBD Indirect Costs $TBD Maximum Fee $TBD Total Ceiling $TBD

Total Estimated Cost-Plus Fixed Fee CLIN 001 and CLIN 002: $TBD

B.5. OTHER DIRECT COST LIMITATIONS UNDER CLIN 002

The estimated cost of this CLIN includes estimates for material, equipment, subcontracts, travel, and training required for performance of the total amount of work that can be ordered by the government under this CLIN during the life of this contract. The amount of ordered Other Direct costs will not exceed $2,800,000.00.

B.6. LEVEL OF EFFORT (CLIN 002)

a. In performing Government orders for Technical Assistance under CLIN 002, the Contractor is obligated to provide up to a maximum of 15,000 person-days.

b. The CLIN 002 fee set forth in B.3.b is based upon furnishing the level-of-effort specified in B.6.a. The total estimated cost and fixed fee will be established in the individual Government-issued Task Order and will not exceed the amounts set forth in Section B.4.

B.7. INDIRECT COST

The contract clause entitled “Allowable Cost and Payment (AUG2018)”, FAR Subpart 52.216-7, specifies that the indirect cost rates must be established for each of the Contractor’s accounting periods which apply to this contract. 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] [TBD] 1/ 1/ 1/

[TBD] [TBD] 2/ 2/ 2/

[TBD] [TBD] 3/ 3/ 3/

1/ Base of Application:

Type of Rate:

Period:

2/ Base of Application:

Type of Rate:

Period:

3/ Base of Application:

Type of Rate:

Period:

B.8. COST REIMBURSABLE

Allowable costs 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.

[END OF SECTION B]

72051421R00015 – Inclusive Justice Activity SECTION C

SECTION C – PERFORMANCE WORK STATEMENT

C.1. USAID INCLUSIVE JUSTICE ACTIVITY (CLIN 001)

USAID Inclusive Justice (hereafter also referred to as the “Activity”).

[The successful Offeror’s proposed Performance Work Statement (PWS) in response to the Statement of Objectives included in Attachment J.1 will become Section C.1 in the resultant contract followed by the sections below. Instructions are found in Section L.]

C.2. SPECIAL CONSIDERATIONS (Applicable to CLIN 001 and CLIN 002)

C.2.1 Mobilizing Non-USAID resources The Contractor must seek opportunities to mobilize non-USAID resources in support of the Activity’s objectives and to enhance the impact of the Activity results. There is no required target level of resources to be leveraged but a strong commitment to a leveraging based approach must be a key consideration during implementation of the Activity. Any such mobilization during implementation must be tracked and reported based on an established, clear methodology.

USAID/Colombia does have a standard indicator that will be required to be used to measure non- USAID resource mobilization.

C.2.2 Relationship to USAID, GOC, USG, and Other Donor Projects The Activity will take into account and build upon previous USAID rule of law programming, especially the Justice for a Sustainable Peace activity, to include activities completed, relationships established, materials produced, government plans developed, persons already trained, and normative frameworks already developed. The Activity will provide technical assistance to the following GOC entities: The Attorney General’s Office, the Ministry of Justice, the National Gender Commission of the Judiciary, Family Commissioners, the Land Restitution Jurisdiction, the Truth Commission, the Inspector General’s Office and the Unit for The Search of Missing Persons.

This Activity will complement and work closely with other USAID/Colombia activities, including Resilient Communities, Land for prosperity, the Victims Strengthening Program, Youth Resilience Activity, Community Development and Licit Opportunities, Conectando Caminos por Nuestros Derechos, and the Human Rights Activity as part of an integrated programming approach. It will also coordinate with the International Narcotics and Law Enforcement office of the State Department (INL) and the Department of Justice (DOJ) with regard to justice sector-related activities.

The Contractor will plan and carry out program activities with a clear understanding of the scope and impacts of other donor efforts in the justice sector, including INL and DOJ activities, to avoid duplication or inconsistencies in efforts, leverage maximum impact, and identify opportunities for joint implementation or collaboration.

C.2.3 Annual Stakeholder Dialogues With regards to Objective 1, the Activity will support annual stakeholder dialogues with USAID -- both in Bogota with Colombia human rights stakeholders and in Washington D.C. with international ones -- to share their direct experiences and feedback to help USAID tailor human rights and rule of law interventions and best address opportunities and challenges.

C.2.4 Sustainability As derived from the USAID’s vision of the Journey to Self-reliance, long-term sustainability has been defined as “the likelihood of long-term success of the programming, including local ownership, leveraging local resources and expertise, and increasing the ongoing achievement of significant and enduring development results over time.”

Local system development and local organizational capacity building is an important and key element for USAID’s Journey to Self-Reliance. This Activity will adopt a Local Systems Development approach.1 Local system refers to those interconnected sets of actors – national and local governments, indigenous and ethnic authorities and organizations, civil society, the private sector, universities, individual citizens, and others – that jointly produce a particular development outcome. A key consideration for planned activities must be whether the local system will own the outcomes produced under this contract after it is finished. The Contractor will use a Local Systems Development approach for on-the-ground activities to guarantee the sustainability of the efforts developed. Based on the experience of Colombian organizations, the Local Systems Development approach will focus on working, strengthening, and promoting networking among national, regional, and local organizations through subcontracts and grants.2

C.3. ACTIVITY FUND (Applicable to CLIN 001) Local institutions and organizations will be supported, utilized, and/or built to the greatest extent possible under this contract, in order to carry out program interventions. This Activity will directly engage local organizations through an Activity Fund, to include Grants under Contract (GUCs) and Subcontracts to local organizations. When considering local organizations for a subaward, the Contractor will: a) develop criteria to identify and qualify a sub-awardee; b) develop procedures for making the sub-award; and c) establish a timeframe to develop the local organization’s capacity to become stronger and a more mature entity that will enable them to become eligible to receive a direct award from USAID or other donors in the future. Subawards to local partners identified at the proposal stage are considered part of the Activity Fund.

C.4. CLIN 002

(15% of the Requirement) - Technical Assistance (LOE) In addition to the activities to be included in Section C.1., upon contract award and in accordance with Section B.2 of this contract, the Contractor must respond to unanticipated events impacting

1 https://www.usaid.gov/policy/local-systems-framework 2 The Section 7077 of Public Law 112-74 definition of local entities is provided at ADS 302mbe, Local Competition Authority Pilot Program (http://www.usaid.gov/sites/default/files/documents/1868/302mbe_0.pdf) https://www.usaid.gov/policy/local-systems-framework http://www.usaid.gov/sites/default/files/documents/1868/302mbe_0.pdf on or related to the achievement of the objectives set forth in the contract performance work statement using the Supplemental Technical Assistance ordered by the CO in accordance with Section F.10.

The Contractor must rapidly respond to additional needs of USAID/Colombia using Supplemental Technical Assistance ordered by the CO under a Request for Task Order Proposal (RFTOP).

Supplemental technical assistance is intended primarily to respond to emerging, unanticipated priorities in support of work by the GOC and/or the USG. Activities may include technical assistance, training, logistics support, preparation of reports, monitoring, planning, analysis, and assessments; as well as promoting dialogue between stakeholders and partners.

[END OF SECTION C]

72051421R00015 – Inclusive Justice Activity SECTION D

SECTION D – PACKAGING AND MARKING

D.1. AIDAR 752.7009 MARKING (JAN 1993)

a. It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem.

Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

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

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

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

D.2. BRANDING IMPLEMENTATION PLAN AND MARKING PLAN

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 responsible USAID office, the publication or issuance date of the document, document title, author name(s), Activity number, and Activity title, “USAID Inclusive Justice”. Descriptive information is required whether Contractor-furnished products are submitted in paper or electronic form. All materials must include the name, organization, address, and telephone/fax/internet number of the person submitted the materials.

The Contractor’s deliverables must be consistent with the requirements of the USAID “Graphic Standards Manual” available at www.usaid.gov/branding or any successor branding policy. The Contractor must follow the approved Branding Implementation and Marking Plan submitted on [date TBD] and incorporated into this Contract as Attachment [TBD].

ATTACHMENT J.4 contains the Branding and Marking Plan template.

[END OF SECTION D]

http://www.usaid.gov/branding

72051421R00015 – Inclusive Justice Activity SECTION E

SECTION E – INSPECTION AND ACCEPTANCE

E.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract, the following contract clauses are hereby incorporated by reference, with the same force and effect as if they were given in full text. See http://acquisition.gov/far/index.html for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.246-5 INSPECTION OF SERVICES-COST-REIMBURSEMENT APRIL 1984

E.2. INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs will take place at USAID/Colombia or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR listed in Section G has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

E.3. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) (CLIN 001)

The progress, success, and impact of the Contractor’s performance under this contract will be monitored and evaluated as a part of the overall activity results. The QASP is a management tool with the intent of encouraging maximum performance, efficiencies, and cost effectiveness by the Contractor and can be modified at any time by the Government. The QASP will be used as a Government document to enforce the inspection and acceptance clauses of the contract. This is intended to be a “living” document that will be reviewed and updated on an annual basis. It is based on the premise that the Contractor, not the Government, is responsible for managing and ensuring that quality controls meet the terms of the contract. The Government reserves the right to modify performance standards and/or metrics during the life of this contract, in order to ensure that the right outcomes are being assessed and that the performance standards are appropriate. The COR will ensure that the QASP is implemented and updated. A variety of mechanisms may be used to monitor the progress/success of the activity and the Contractor’s performance:

a. Meetings during contract implementation

b. Monthly progress review meetings

c. Review of Contractor’s scheduled reports (See Section F.6)

d. Feedback from stakeholders

e. Site visits by USAID personnel

f. Quarterly reviews of work plan with performance milestones

g. Periodic impact evaluations

[END OF SECTION E]

72051421R00015 – Inclusive Justice Activity SECTION F

SECTION F – DELIVERIES OR PERFORMANCE

F.1. NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract, the following contract clauses are hereby incorporated by reference, with the same force and effect as if they were given in full text. See http://acquisition.gov/far/index.html for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

52.242-15 ALTERNATE I APR 1984

F.2. PERIOD OF PERFORMANCE

a. The period of performance for this contract is seven (7) years from [TBD] to [TBD] subject to the conditions set forth in Section H.25.

b. The period of performance for CLIN 001 is five (5) years from [TBD] to [TBD] subject to the conditions set forth in Section H.25.

c. The ordering period for Task Orders under CLIN 002, the IDIQ portion of this contract, is from [TBD] to [TBD] subject to the conditions set forth in Section H.25.

d. Task Orders (CLIN 002) may be issued at any time during the ordering period and must end by [TBD] subject to the conditions set forth in Section H.25.

Although TOs may be issued during the ordering period provided in paragraph c. above, the maximum period of performance for individual Task Orders will be no more than five years and not exceed the end date provided in paragraph d. above. For example, TOs issued in years 2, 3, and 4 may have less than a five-year period given the end date provided in paragraph d. above.

F.3. PLACE OF PERFORMANCE

Performance of CLIN 001 of this contract and task orders issued under CLIN 002 hereunder will be in Colombia (514).

F.4. PERFORMANCE STANDARDS

Evaluation of the Contractor's overall performance will be conducted on an annual basis jointly by the COR and the CO and will form the basis of the Contractor's permanent performance record with regard to this contract. The following general performance standards will form the basis of the evaluation for the Contractor Performance Assessment Report (CPAR):

a. Quality of Product and Service http://acquisition.gov/far/index.html

b. Schedule

c. Cost Control

d. Management

e. Regulatory Compliance

f. Small business subcontracting (as applicable)

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

Evaluations will be tailored to the contract type, size, content, and complexity of the requirement.

F.5. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The COR and CO will also evaluate on an annual basis the Contractor’s adherence to the performance standards included in the Quality Assurance Surveillance Plan (QASP) included in Section E.3.

F.6. REPORTS AND DELIVERABLES

In addition to the requirements set forth in Section C, and in accordance with AIDAR 752.242- 70, Periodic Progress Reports, the Contractor must submit reports, deliverables or outputs as further described below to the COR. Each of the plans, reports or deliverables will be submitted electronically. Electronic versions of the reports will be submitted using unlocked Microsoft Word, Excel, or Portable Document Format, or Power Point software.

All deliverables submitted under this TO must be cleared by the COR. All reports will be in English and plans are subject to written final approval and acceptance by the COR. All data generated under this contract will be reported in accordance with USAID’s Open Data policies as described in Section H under “submission of Datasets to the Development data Library

(DDL)”.

The Contractor will be expected to coordinate work plan development with other USAID/Colombia activities, as relevant, including but not limited to other activities managed under the USAID/Colombia Peacebuilding and Governance Office. Work Plans and Reports will align with the U.S. fiscal year.

The section below provides a schedule of required reports or plans to be submitted.

F.6.1. Rapid Mobilization Plan (RMP) The Contractor must submit a plan for a rapid start-up of activities covering the first 90 days of the contract. The Contractor must describe its plan to ensure timely establishment of its office(s).

It must also address benchmark technical, management, and logistical (vehicle, office space, etc.)

requirements that include planning and schedule for the prompt mobilization of the Chief of Party (COP) and other key personnel. Expatriate personnel will not travel to Colombia until notified to do so by the CO.

Due date: 15 calendar days after contract award.

F.6.2. Annual Work Plan (AWP)

The annual work plan (AWP) details how the Contractor will use the work plan year effectively to achieve the award’s objectives. The AWP serves as a detailed guide to program implementation and once approved, represents an agreement as to the nature and timing of discrete tasks and interventions. Discrete tasks include training events, workshops, and seminars, learning events, outreach events, and information dissemination activities such as publications and reports. It is essential that the AWP be concise so as to ensure that it will be a simple reference tool for the implementer to track progress against the approved implementation schedule, and for USAID to monitor and evaluate performance through the work plan year and to ensure that award objectives are accomplished on time, on budget, and in accordance with expectations. Each AWP will form the basis for an annual management review conducted by USAID and program staff to assess program directions, priorities, achievements, and prior year implementation results, as well as management and implementation impediments, and to make recommendations for revisions.

Annual work plans will identify a logical sequence of steps to be undertaken to implement each program component and must include an associated timetable. The Contractor may not include interventions in the AWP that fall outside the parameters of the Performance Work Statement

(PWS).

The AWP, at a minimum must include:

a. Proposed interventions, accomplishments, and progress towards achieving results for the given year.

b. Corresponding schedule depicted on a Gantt chart and level of effort required to complete the interventions.

c. Description and estimate of amounts of short-term technical assistance, training, and other support resources that would be required to provide the assistance proposed.

d. Detailed budget for implementation including illustrative budget breakdown per proposed intervention.

e. The anticipated outputs and outcomes from each intervention conducted.

f. A Gender and vulnerable populations strategy addressing how gender and vulnerable populations will be integrated into the design and implementation of strategies that encourage and include women and vulnerable groups (indigenous persons, Afro Colombians, persons with disabilities and the LGBTI community). At a minimum, the strategy must address major existing inequalities and a plan to guard exacerbating against these.

g. The identification of any assumptions used in preparing the work plan, as well as suggested alternatives if necessary and the methods to assess whether the assumptions hold true;

h. The anticipated risks with regard to achieving the anticipated objectives of the contract and how they will be mitigated.

i. Any specific award terms or conditions that interfere with maximizing the developmental impact of the award.

j. The strategies and approaches the activity will adopt in coordinating and collaborating with other USAID activities/projects, relevant host country governments and other line agencies, local governments and other relevant stakeholders implementing projects in the same geographic locations; and

k. Updated QASP.

l. A map of actors at the regional and national level identifying the levels of power and interest that each actor has in Activity components;

m. A political analysis of the period of performance and strategies for interaction with the different government counterparts within the political context;

n. A description of the principal tasks and activities to be undertaken by the Contractor for the period under each project component, and list of principal counterparts for each activity.

The first AWP will cover the period from the Contract effective date through the end of the next U.S. fiscal year (i.e., through September 30, 2022). Subsequent AWPs will cover the Activity from October 1 through September 30. If acceptable, the COR will provide a written approval of the final AWP to the Contractor. Failure to have an approved AWP in place may be viewed as a failure to comply with essential terms and conditions of the contract.

Significant deviations to the approved AWP will require the additional prior written approval of the COR (and may require a revision to the approved Activity MEL Plan). The AWP must not exceed 40 pages.

Due Date: Initial Work plan - 60 calendar days after contract award Final Draft - 10 calendar days after receipt of USAID’s comments Subsequent AWP – 45 calendar days before the end of each U.S. fiscal Year

F.6.3. Activity Fund Manual

A minimum of $24 million of the Total Estimated Cost of CLIN 001 of this Activity is required to be spent through an Activity Fund. The Activity Fund can include Grants under Contract (GUCs) and Subcontracts to local organizations. The Contractor is required to submit an Activity Fund Manual for USAID’s review and approval. The Contractor will proceed with the award of subawards only upon receipt of written consent from the COR and approval from the CO. While ADS is internal USAID policy, the manual must be consistent with ADS 302 and ADS 303 policies for Grants Under Contract.

Due Date: 60 calendar days after contract award

F.6.4. Activity Monitoring, Evaluation and Learning Plan (AMELP)

USAID views overall program performance management as an iterative, collaborative approach in which assessment, planning, and design are continuous processes requiring ongoing rolling analysis and real-time monitoring and evaluation to assure flexibility and responsiveness of the program. The Contractor will be responsible for specific results under the process and will work with USAID to ensure that results contribute to higher-level program objectives within the USAID/Colombia strategic framework. The Contractor will support this continuous process through quarterly strategy reviews and an integrated monitoring and evaluation system.

The Contractor is required to have an AMELP capable of tracking and documenting progress against the Activity objectives and results. The AMELP reflects the award progress over the life of the Activity and is a critical tool for planning, managing, documenting, and evaluating performance. The AMELP must be reviewed and validated annually, and revised when appropriate in consultation with the COR.

The Contractor will develop an AMELP that includes a baseline for Activity implementation and outputs and outcomes for each programmatic Activity. This plan must establish clear criteria and indicators for monitoring and evaluating progress toward achieving component objectives during the life of the Activity and will be reported on a quarterly basis.

The AMELP must include a full description of how data and information will be collected, analyzed, and used, based on data quality standards referenced in ADS 201. The Contractor must ensure that the contract’s AMELP focuses not only on quantitative reporting of outputs, but also gathers qualitative information.

Ultimately, the Contractor, in collaboration with the COR, USAID/Colombia Program Office and/or M&E Specialists, will verify that the proposed indicators are consistent with and meet the data collection needs of the AMELP. USAID/Colombia may provide some higher-level indicators at the Project/ Development Objective level, that the Contractor will be required to track to support USAID/Colombia overall evaluation of the Activity’s impact.

The AMELP will include:

1. A Results Framework (also referred to as a Logical Framework) that reflect the objectives described in the award;

2. The indicators that will be used to assess progress towards the Activity goal, purpose and sub-purpose; It must include both USAID Standard Foreign Assistance indicators as well as customized indicators developed specifically for the Activity disaggregated by gender, where relevant;

3. Monitoring and evaluation structures and functions;

4. Indicators must be disaggregated by sex, ethnicity, and age. If applicable, the Contractor must incorporate standard gender, ethnic, and youth indicators.

5. Detailed Performance Indicators Reference Sheet (PIRS) for each indicator;

6. Plan for dissemination/sharing and use of M&E data;

7. The sources, method, frequency and limitation of data collection, review, analysis and reporting;

8. Data entry, storage and security plan;

9. The parties responsible for data collection and management;

10. The baseline data or the plan and timeline for gathering baseline data for each indicator;

11. The estimated cost associated with implementing this AMELP;

12. Annual and tentative life of project targets for each indicator;

13. The Data Quality Assessment (DQA) plan and procedures;

14. In order to better represent the results of Activity interventions, in the AMELP, the

Contractor must identify which indicators lend themselves to geographic representation and report accordingly;

15. Coordination with others for monitoring and evaluation tasks (as applicable);

16. Capacity building in monitoring and evaluation (as applicable);

17. Plan for specific reviews, evaluations and studies;

18. Learning activities, including knowledge capture at activity close out; and https://www.usaid.gov/ads/policy/200/201

19. Annexes to the AMELP may include a schedule for performance monitoring tasks, indicators tracking table, indicator reference sheets, and any additional M&E tools and guidance as relevant to the Activity.

Report in MONITOR - Mission-wide Monitoring Management Information System (MIS)

Once the AMELP is approved by the COR, the Contractor must register in USAID/Colombia approved Monitoring and Management Information System (MIS). Detailed instructions of the activity and sub-activity information that should be reported will be provided in the contract.

Due Date: Draft AMELP – 60 calendar days after award Final AMELP – 10 calendar days after USAID comments.

F.6.5. Communications and Outreach Plan The Communications and Outreach Plan must explain how the Contractor will create and implement a variety of appropriate outreach and communications tools and platforms for getting this message out to the public and the media. The plan must guide the program’s communication efforts and support the design and production of information materials such as, but not limited to, brochures, videos, fact sheets, infographics, and presentations to communicate activity key messages and results. The Communications and Outreach Plan must include an in-depth strategic considerations section providing an analysis of the internal and/or external environment, a set of communication objectives, target audiences (both primary and secondary), key messages, implementation plan, budget, and evaluation framework.

The Communications and Outreach Plan must align with the Branding Implementation Plan and Marking Plan, and describe how the Contractor will communicate to beneficiaries and stakeholder audiences that the work of this contract is from the American people per the Branding Strategy and USAID Branding Guidelines (see www.usaid.gov/branding).The Contractor will also include a Communications Calendar noting key elements and activities warranting public information and outreach activities.

In order to build USAID’s expertise and connect stakeholders to the latest field findings, best practices and lessons learned, the Contractor will share information with practitioners, donor organizations, the development community, and key internal actors (e.g. Activity staff, Home office and USAID staff). Also, the Contractor will share this knowledge with external stakeholders (e.g. policy makers, the GOC, and the general public). In collaboration with other USAID/Colombia activities and USG implementing entities working in the governance sectors, the Contractor may be expected to implement joint outreach activities to highlight joint efforts as an intervention aligned with the SOO.

The COR and USAID’s outreach team/representatives will work in collaboration with the Contractor’s designated person/company for public relations. The Contractor will develop and maintain an official electronic library of all public relations materials, photos, and other related documents (i.e. major media news releases in Colombian periodicals) for use by both the Contractor and USAID. Upon completion of the Contract, the complete electronic library will be turned over to USAID for official filing and archiving.

http://www.usaid.gov/branding

In addition, the Contractor will coordinate with the COR and USAID’s Development Outreach and Communication Specialists (DOCs) to respond in a timely manner to USAID information requests and collaborate on public diplomacy events and VIP visits. All outreach and communications activities and materials must be cleared by the COR, as appropriate, in consultation with USAID's DOCs.

Event planning and requests for U.S. government officials to speak at public events: The Activity may require or present an opportunity for participation of U.S. Government officials at public events. In these cases, the Contractor is required to have an early discussion with the COR and decide what type of representation is required. At the request of the COR, the Contractor may be required to prepare and submit a brief description of the event, draft agenda, scene-setters, and talking points for events in which USAID personnel participate.

Media and Public Announcements: The issuance of media advisories and press releases, as well as contact with national, regional and/or international media must be coordinated with the COR and the DOCs, who will coordinate with the U.S. Embassy’s Public Affairs Section.

Social Media: Per ADS Chapter 558 (Use of Social Media for Public Engagement), all proposed social media platforms must be fully justified for programmatic necessity and must be approved in advance by the COR, in consultation with the DOCs and USAID Website Governance Board.

Reporting of the Activity Developments and Achievements: The Contractor is required to keep the COR abreast of key achievements of the Activity as well as of expected events (all activities related to the Activity or have a direct impact on USAID’s work).

Due Date: Due within 60 calendar days of…