RPF No. 72052221R00007 (AMENDED 24SEP21).pdf

72052221R00007

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

1 127

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-522-21-00007809/10/2021

X

720522

USAID/Honduras 00000

1000 (CT) 10/15/2021

Maria Reyes mreyes@usaid.gov

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

Lealie M. Perry

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 _____120_________ calendar days (60 calendar days unless a different period is inserted

Electronic submission ONLY, via email to:

oaahonduras@usaid.gov

Refer to Section L

Refer to Section L

Amendment No. 0001 09/24/2021

RFP No. 72052221R00007

TABLE OF CONTENTS

PART I – THE SCHEDULE 1

SECTION A - SOLICITATION/CONTRACT FORM (SF-33) 1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS 6

B.1 PURPOSE

B.2 CONTRACT TYPE

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

B.4 AWARD BUDGET BY CONTRACT LINE ITEM

B.5 INDIRECT COST RATES

B.6 CEILING INDIRECT COST RATES

B.7 COST REIMBURSABLE

B.8 PAYMENT OF FEE

SECTION C – STATEMENT OF WORK 10

C.1 GOAL

C.2 BACKGROUND

C.3 USAID/HONDURAS STRATEGY

C.4 THEORY OF CHANGE

C.5 DESCRIPTION

C.6 OBJECTIVES, RESULTS AND OUTCOMES

C.7 GUIDING PRINCIPLES

C.8 GRANTS UNDER CONTRACT (GUCs)

C.9 SUPPLEMENTAL TECHNICAL ASSISTANCE (STA)

C.10 GEOGRAPHIC FOCUS

C.11 INTERNSHIP PROGRAM

C.12 RAPID MOBILIZATION

SECTION D - PACKAGING AND MARKING 25

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING POLICY

D.3 MARKING AND BRANDING STRATEGY

SECTION E - INSPECTION AND ACCEPTANCE 27

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

E.3 QUALITY ASSURANCE

SECTION F - DELIVERIES OR PERFORMANCE 28

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 PERFORMANCE STANDARDS

F.5 AUTHORIZED WORKDAY / WEEK

F.6 REPORTS AND DELIVERABLES OR OUTPUTS

F.7 KEY PERSONNEL

F.8 CONTRACT MANAGEMENT AND PERSONNEL

SECTION G - CONTRACT ADMINISTRATION DATA 49

G.1 CONTRACTING OFFICER

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

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 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

SECTION H - SPECIAL CONTRACT REQUIREMENTS 52

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 AUTHORIZED GEOGRAPHIC CODE

H.3 TITLE AND CARE OF PROPERTY

H.4 SUBCONTRACTING CONSENT

H.5 ORDERING SUPPLEMENTAL TECHNICAL ASSISTANCE (CLIN 0002)

H.6 ENVIRONMENTAL COMPLIANCE

H.7 AIDAR 752.7007 PERSONNEL COMPENSATION (JUL 2007)

H.8 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.9 AIDAR 752.7027 PERSONNEL (DEC 1990)

H.10 AIDAR 722.170 EMPLOYMENT OF THIRD COUNTRY NATIONALS (TCN’S) AND COOPERATING

COUNTRY NATIONALS (CCN’S)

H.11 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007)

H.12 USAID-FINANCED THIRD-PARTY WEB SITES (September 2017) H.13 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL) (October 2014)

H.14 ELECTRONIC PAYMENTS SYSTEM

H.15 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)

H.16 RESTRICTIONS AGAINST DISCLOSURE (MAY 2016)

H.17 EXECUTIVE ORDER ON TERRORISM FINANCING

H.18 GRANTS UNDER CONTRACTS

H.19 FAR 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (SECTION 889) (JANUARY 2021)

H.20 TRANSITIONS AWARDS

H.21 CLIMATE RISK SCREENING

H.22 INTERFACE WITH USAID/HONDURAS’ THIRD-PARTY MONITORING, EVALUATION, AND

LEARNING ACTIVITY

H.23 PRIVATE PUBLIC PARTNERSHIPS

H.24 SURVEY DATASETS

H.25 GEOGRAPHIC DATA AND CARTOGRAPHIC PRODUCT REPORTING REQUIREMENTS

H.26 GENDER EQUITY, GENDER-BASED VIOLENCE (GBV), AND MARGINALIZED POPULATIONS

H.27 COLLABORATION, LEARNING AND ADAPTING (CLA)

H.28 REDUCING IRREGULAR MIGRATION

H.29 YOUTH PROGRAMMING AND DEVELOPMENT

PART II - CONTRACT CLAUSES 75

SECTION I - CONTRACT CLAUSES 75

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

I.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

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

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

I.5 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUN 2020)

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

I.7 52.243-7 NOTIFICATION OF CHANGES (JAN 2017)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 85

SECTION J - LIST OF ATTACHMENTS 85

PART IV - REPRESENTATIONS AND INSTRUCTIONS 86

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS 86

K.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

K.2 52.204-3 TAXPAYERS IDENTIFICATION (OCT 1998)

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

K.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

K.5 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION

(OCT 2020)

K.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

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

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

K.9 AUTHORIZED NEGOTIATORS

K.10 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS

K.11 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 102

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

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

L.3 APPLICABLE FACTS & RATIONALE FOR INSTRUMENT SELECTION

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

L.5 GENERAL INSTRUCTIONS

L.6 DELIVERY INSTRUCTIONS

L.7 INSTRUCTIONS REGARDING KEY PERSONNEL

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.9 INSTRUCTIONS FOR THE PREPARATION OF THE COST/BUSINESS PROPOSAL

SECTION M - EVALUATION FACTORS FOR AWARD 122

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

M.2 GENERAL INFORMATION

M.3 EVALUATION CRITERIA

M.4 TECHNICAL EVALUATION CRITERIA

M.5 COST/PRICE EVALUATION

M.6 DETERMINATION OF THE COMPETITIVE RANGE AND CONTRACT AWARD

M.7 SOURCE SELECTION

M.8 CONTRACTING WITH SMALL BUSINESS CONCERNS AND DISADVANTAGED ENTERPRISES

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this solicitation is to acquire professional and technical services for the implementation of the “Justicia Efectiva Contra la Criminalidad y Corrupción” Activity (also referred to as “Effective Justice to Combat Criminality and Corruption”, “JECCC” and the “Activity”).

B.2 CONTRACT TYPE

This is a FAR 16.102(b) combination award consisting of a Cost Reimbursement (Cost Plus Fixed Fee Completion) (CLIN 0001) and a single-award Indefinite Delivery/Indefinite Quantity (IDIQ) (CLIN 0002) type contract for the purpose of providing the deliverables or outputs described in Sections C and F, and in accordance with the performance standards specified in Section E.

Under the Cost Reimbursement (CPFF-Completion) portion of the contract (CLIN 0001), the contractor shall furnish all personnel, materials, equipment, supplies, facilities, services (except as expressly set forth in this contract as furnished by the Government) 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 (CLIN 002), the contractor must furnish additional technical assistance arising out of or related to the completion portion of the contract, as required by Government-issued Task Orders. The services shall be ordered in accordance with Section H entitled “Ordering Supplemental Technical Assistance (CLIN 0002)”. As this CLIN is part of this contract and not a stand-alone award, the Government is not required to state or order any minimum number of person-days as otherwise provided in FAR 16.504(a)(1)). The other CLIN contained in this Contract provides sufficient consideration to make this a legally binding contract, and the Government has no obligation to fund or order under this CLIN.

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

B.3.1 CPFF-COMPLETION (CLIN 0001)

(a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is [TBD upon award]. The fixed fee, if any, is [TBD upon award]. The estimated cost-plus fixed fee, if any, is [TBD upon award].

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

(c) Funds obligated hereunder are anticipated to be sufficient through [TBD upon award].

B.3.2 IDIQ (CLIN 0002)

(a) The total estimated ceiling cost of this CLIN is [TBD upon award] exclusive of the associated fee, if any, is [TBD upon award]. The total estimated ceiling cost and fee, if any, is [TBD upon award].

(b) OTHER DIRECT COST LIMITATIONS: 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 [TBD upon award].

(c) LEVEL-OF-EFFORT:

A. In performing Government orders for Technical Assistance under this CLIN, the Contractor is obligated to provide up to a maximum of 6,000 person-days.

B. The fee set forth in B.3.2(a) is based upon furnishing the level-of-effort specified in paragraph A.

The total estimated cost and fixed fee will be established in the individual Government- issued Task Orders and shall not exceed the amounts set forth in Section B.4 IDIQ CLIN 0002.

B.4 AWARD BUDGET BY CONTRACT LINE ITEM

[Offeror must propose TBD amounts]

LINE ITEM

NO.

DESCRIPTION TOTAL

0001 CPFF COMPLETION CLIN – Technical Assistance Direct Costs (Inclusive of Subcontracts) [TBD]

Indirect Costs [TBD]

Grants Under Contract (GUC) $8,000,000

Total Estimated Cost [TBD]

Fixed Fee [TBD]

CLIN 0001 Total Estimated Cost + Fixed Fee [$40,000,000- $45,250,000]

0002 IDIQ CLIN – Supplemental Technical Assistance Direct Costs [TBD]

Indirect Costs [TBD]

Fixed Fee [TBD]

CLIN 0002 Total Estimated Ceiling Cost + Fixed Fee [$4,000,000 -

4,525,000]

B.5 INDIRECT COST RATES

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:

PRIME CONTRACTOR:

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

SUBCONTRACTOR(S):

1/Base of Application:

B.6 CEILING INDIRECT COST RATES

(a) Reimbursement for indirect costs must be at final negotiated rates, but not in excess of ceiling rates specified below:

1/Base of Application:

(b) The Contractor will make no change in its established method of classifying or allocating indirect costs that impacts this contract without the prior written approval of the Contracting Officer.

(c) The Government may not pay any additional amount associated with indirect costs above the ceiling rates established in the contract. This advance understanding must not change any monetary ceiling, cost limitation, or obligation established in the contract.

B.7 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.

B.8 PAYMENT OF FEE

(a) The total amount of fee payable upon completion of all contract requirements will be set at the time of award and does not vary with actual cost.

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

(c) A Fee Distribution Schedule must be approved before a fee is paid. The final FEE DISTRIBUTION SCHEDULE, and any subsequent changes, must be approved by the CO, and shall be incorporated as an attachment to the contract award.

(d) Goals or targets and end products from the Fee Distribution Schedule that have fee associated with their completion or delivery must be referred to as Fee Bearing Results or Deliverables.

(e) Fee Bearing Results or Deliverables proposed in the Fee Distribution Schedule must appear in the Work Plan (WP) and/or Monitoring, Evaluation, and Learning (MEL) Plan that has been prepared in compliance with the specifications and requirements of this Contract. Appropriate Fee Bearing Results are completion of items that meet the USAID definition of an Output or Result. Performance Indicators are generally not an appropriate Fee Bearing Results. Deliverables such as reports may be Fee Bearing.

(f) The Fee Distribution Schedule must emphasize completion of goals, targets and/or deliverables that are the development results sought by USAID through this award but must also include selected implementation management and development results milestones as Fee Bearing Milestones.

(g) As a condition for the payment of the portion of the total fixed fee associated with a specific goal, target and/or deliverable, the Contractor must complete the goal, target and/or deliverable. When a Fee Bearing Milestones is not completed or achieved, the portion of the total fixed fee allocated to the Milestone in the Fee Distribution Plan will not be paid.

(h) When a Fee Bearing Milestones is not completed on time or requires more cost/effort to complete than projected in the WP and/or MEL Plan, the portion of the total fixed fee allocated to the Milestone in the Fee Distribution Plan may be subject to adjustment of the fee by the Contracting Officer.

(i) DELETED

[END OF SECTION B]

SECTION C – STATEMENT OF WORK

C.1 GOAL

Honduras faces several severe structural problems, including poverty, violence and insecurity, human rights violations, and high levels of corruption and impunity, ultimately diminishing citizens' quality of life. The Honduran criminal justice sector has not been able to effectively provide justice-related services nor combat criminality and corruption. Citizens lack trust in the justice sector to administer justice in an effective, impartial, and transparent manner. Civil society, in general, is nascent, in some cases divided, and therefore limited in its ability to influence systemic changes that guarantee institutional independence, procedural fairness, and generalized access to justice. To sustain and strengthen these efforts, civil society must be equipped to oversee and support the justice sector's efficiency and functioning writ large.

The goal of USAID/Honduras’ Effective Justice to Combat Criminality and Corruption (Justicia Efectiva Contra la Criminalidad y Corrupción, referred to as JECCC or the Activity) is to reduce impunity, criminality, and corruption in Honduras by advancing an effective criminal justice system that upholds independence and integrity while increasing state legitimacy, civil society oversight, and citizen support for the rule of law.

The Activity is expected to work within the criminal justice system to address targeted crimes, especially those that threaten Honduras security and stability as well as US national security and foreign policy goals, and where evidence demonstrates that they are root causes of outmigration. The commission of these targeted crimes increase citizen insecurity and, in the case of corruption, decrease confidence in the Government of Honduras (GOH) and its ability to address citizens’ basic needs, including security.

Impunity, recidivism, and the pervasiveness of these crimes fuel the hopelessness that motivates outmigration on the part of many Hondurans.

USAID recognizes that a systems approach that engages State actors, as well as civil society organizations, the private sector, the international community, and academia, among others, increases the likelihood of sustained improvements in the justice system.

C.2 BACKGROUND

Crime, scarce economic opportunities, inequality, human rights violations, rampant corruption, and a lack of trust in government institutions all lead Hondurans to migrate irregularly (World Economic Forum, 2017; CENISS 2019; MESCLA 2020) --and the nature of these issues requires a robust, transparent, and accountable the justice system to address them.

Existing research finds that the quality of democracy influences intentions to migrate, which is concerning in light of declining trends in the percentage of Hondurans who are satisfied with the state of democracy in Honduras. This percentage decreased from 65.6 percent in 2010 to 35.9 percent in 2018 (according to LAPOP).

According to official National Police statistics, the overall homicide rate for 2020 was 37.57 per 100,000 inhabitants, representing a decline from the 44.57/100,000 rate in 2019. Impunity is pervasive--up to 86 percent in 2019 for crimes like homicides, according to some sources. Crimes against human rights defenders, the LGBTQI+ population, and women experience similarly high impunity levels, but are less documented or are not disaggregated in official statistics.

Corruption continues to significantly erode democratic institutions in Honduras. The 2020 Index of Perception of Corruption by Transparency International places the country as the second most corrupt country in Central America. A recent analysis on the impact of corruption (CNA, FOSDEH, 2019) establishes that at least 12.5 percent of the country's GDP is lost to corrupt practices annually.

Moreover, many analysts refer to a “Pact for Impunity,” a series of legal reforms (including the Penal Code) passed by the Honduran National Congress since 2019, as codifying impunity for corruption-related crimes. Lastly, in January 2020 the Mission to Support the Fight against Corruption and Impunity (MACCIH) was not renewed for another term, and many of the criminal cases presented by the MACCIH have been dismissed after the implementation of the new Penal Code. Corruption scandals have made Honduran institutionalism more frail, putting in question separation of powers and government effectiveness in decline, as evidenced in the World Bank’s Worldwide Governance Indicators.

At the heart of Honduras’ challenges, weak rule of law compromises the government’s ability to promote human development and amplify opportunities for its citizens. Freedom in the World Index (Freedom House, 2020), which categorizes Honduras as a “partly free country,” gave Honduras a particularly low score in the Rule of Law sub-category (1/4), pointing to the absence of an independent judiciary. For example, The United Nations Special Rapporteur for the Independence of Judges after his visit in 2019, made emphasis on the concerns posed by all powers invested in the figure of the President of the Supreme Court on both administrative and jurisdictional of the judiciary.

The justice system is composed of several institutions with defined roles and responsibilities; however, they are working in a disconnected and uncoordinated manner, and without strategic planning and adequate resources essential to address the critical problems that hamper efforts to combat impunity, criminality and corruption. Others however consider that the lack of coordination is deliberate, and a symptom of emerging authorism, protection of the status quo, and blatant political interference to weaken the rule of law.

C.3 USAID/HONDURAS STRATEGY

The Activity will support the Mission’s goal under the recently approved 2020-2025 CDCS for “A more prosperous, democratic, and secure Honduras where citizens, especially youth, are inspired to stay and invest in their future.” This Activity is being approved under Development Objective 2 (DO2): Democratic

Governance to Meet Citizens’ Needs Enhanced to Reduce Irregular Migration and (DO3): Justice and Security Improved to Reduce Irregular Migration under the shared Intermediate Result 2.4/3.1 Governance to reduce impunity improved.

C.4 THEORY OF CHANGE

If the effectiveness and performance of the criminal justice institutions are strengthened;

If the access to equitable criminal justice services is improved;

If targeted criminal justice institutions are responsive to civil society demands for accountability and public trust of the criminal justice sector is enhanced and, If coordination among criminal justice stakeholders (including other Government agencies and non-governmental actors) is enriched;

Then the criminal justice sector will be better able to uphold integrity and independence of the criminal justice system earning public support; and, Then it will be able to effectively reduce impunity, combat criminality and corruption, and protect fundamental human rights thereby contributing to reduced irregular migration.

C.5 DESCRIPTION

JECCC will build on past and ongoing USAID investments in the rule of law and violence prevention sectors, to promote systems change in the criminal justice sector. The Activity incorporates a balanced approach and will support both the GOH and civil society actors. It will enhance the effectiveness of both the Honduras criminal justice and the state and non-state oversight institutions in combating criminality and corruption. Concurrently, JECCC will strengthen citizens' confidence in their criminal justice by increasing equitable and citizen-centric access to it; and by enhancing the sector's effectiveness, responsiveness and transparency/accountability to citizen-identified justice needs.

Through this Activity, USAID will address key elements of the criminal justice system to reduce impunity and ensure equitable application of the law, procedural fairness, and protection of human rights for all.

The Activity is expected to work with the criminal justice system to address targeted crimes, especially those where the evidence demonstrates that they are root causes of migration. As recognized by Human Rights Watch (HRW) in its 2020 world report, “Violent organized crime continues to disrupt Honduran society and push many people to leave the country.” It will include interventions to ensure that women, youth, and members of other marginalized populations, including those who are survivors of crime or violence, are empowered to demand justice and receive appropriate support services. USAID acknowledges that reducing impunity is necessary to both 1) decrease the violence that drives insecurity and thrives in an environment of impunity, and 2) support effective, transparent, and accountable operation of justice institutions responsible for prosecuting criminal acts.

Using a complex systems approach, the Activity will employ the following guidelines: (1) promote effective, viable, and scalable justice sector models and best practices; (2) provide technical assistance to justice sector institutions and civil society to benefit citizens’ access to, and confidence in the Honduran justice sector; (3) measure, with verifiable evidence, how assistance translates into expected outcomes; and, (4) catalyze public and private sector investments in the justice sector.

The Activity will primarily focus on national-level institutions, coupled with select interventions at the regional and municipal levels. For the purposes of this Activity, the core institutions that comprise the criminal justice system are: the Judiciary (including Public Defense), Public Ministry, and Police;

however, USAID/Honduras recognizes this list is not exhaustive, as the system is complemented by other Government branches and State agencies, as well as non-state actors that will need to be engaged to achieve the expected results, such as civil society, academia, media, private sector, international community and others.

USAID/Honduras has initially grouped targeted crimes into three groups ("core," "emblematic," and "conditional"), noting the grouping does not denote prioritization of the crimes themselves, but a mix of prevalence, complexity, and feasibility of achieving desired outcomes. The Contractor will have the opportunity to ground truth this categorization in start-up assessments and throughout the life of the Activity. USAID/Honduras is emphasizing the crimes that most drive irregular migration. These include core crimes - those that are most serious and threaten people's peaceful day-to-day existence;

conditional groups - are specialized crimes that may not threaten day-to-day life, but because of their highly technical nature pose a particular challenge to criminal justice institutions; and high-profile crimes

- those that (whether core, specialized, or something else) attract media attention and undermine public confidence in the criminal justice sector.

The initial "core" group of crimes the Activity will work on are: homicide, domestic, sexual, and gender-based violence, extortion, petty crimes, and corruption. Core crimes comply with the following criteria:

1) Are consistently the most prevalent in the recent years; 2) There exists the opportunity to build on support that has been previously by USAID; 3) Take into consideration work being done by other donors or USG agencies and 4) There are windows of opportunity to implement and achieve results, even if there is some political will resistance, there are openings to provide support.

The “emblematic” group refers to high-profile criminal cases that might or might not be included in the other groups. A second criteria to be considered for the emblematic crimes is that this group, ideally, would be defined in coordination with the GOH criminal justice institutions. Alternatively, cases could be proposed to the GOH considering civil society’s demand or social outcry on specific crimes.

The “conditional” group includes crimes that, while extremely important, do not comply with most of the conditions or criteria established for the core group. The Activity will define, through sound adaptive program management, (this is the basis for the title conditional, and not the nature of the specialized crimes), which of the "conditional" group of crimes the Activity will work on, selecting from these potential areas: environmental crimes, electoral crimes, organized crime, other human rights violations, human trafficking, human smuggling, and violence against children. At least for the first year, the "conditional" group of environmental crimes will be prioritized. For the proposed approach the USAID Biodiversity Policy and Environmental and Natural Resource Management Framework will be considered, as well as any additional relevant policy and regulation. Thereafter, the Contractor will assess and propose for which crimes of the conditional group there are openings and opportunities to have impact. It is expected that throughout the life of the Activity the Contractor will have directly supported reduction of at least three of the crimes in the “conditional” group.

The contractor will assess and propose a series of continuous benchmarks for both CSOs and justice institutions, to determine whether demonstrated political will and technical capacity are sufficient to proceed to the next implementation phase, or instead justify pivots in approach or ultimately suspension of activities in the institution or organization is needed. USAID acknowledges that thoughtful sequencing in implementation phases of some activities in the four objectives could be required. This approach must consider sound reasoning for adequate phasing, selecting partnerships, and defining benchmarks to ensure sustainable and measurable progress.

USAID expects that throughout the life of the Activity there will be approaches and interventions to build citizens’ capacity to support justice sector reforms, and anticipates broad engagement with civil society, the private sector, media, academia, and the international community. Furthermore, the Activity will establish a robust grant fund to engage local stakeholders, provide services, and allow flexibility to respond to emerging needs in a changing context through the supplementary technical assistance IDIQ budget line.

C.6 OBJECTIVES, RESULTS AND OUTCOMES

Objective 1: Strengthen the effectiveness of criminal justice institutions Objective 2: Improve access to equitable criminal justice services by state and non-state actors Objective 3: Enhance public trust of the criminal justice sector by strengthening civil society oversight Objective 4: Marshal coordination among criminal justice stakeholders

The Activity's objectives, results and outcomes are interdependent, requiring application of a complex systems approach to achieve the Activity’s goal. The Contractor might decide to begin with one objective first followed by the others, depending on a variety of factors. The Contractor should detail its technical approach to maximizing the interconnectedness of the stated Objectives. Additionally, this Activity will provide flexible technical assistance to ensure that these objectives are met under the Country’s changing political and economic context and/or unanticipated events that may arise over the course of the five years of Activity implementation. The listed expected outcomes are not exhaustive or mandatory, the Contractor can add or edit the ones initially included.

JECCC’s Strategic Framework including objectives and results is below:

Illustrative Indicators: (Activity level)

▪ Increased Perception of transparency of each criminal justice sector institution

▪ Increased access to justice for marginalized populations

▪ Percentage increase in justice sector reports made available online

▪ Number of disciplinary actions taken based upon citizen recommendations

▪ Reduction in case backlog of targeted crimes by X%

▪ Index measuring application of international standards in the criminal justice system

OBJECTIVE 1: Strengthen the effectiveness of criminal justice institutions

Result 1: Organizational capacity of criminal justice institutions is strengthened Result 2: Technical capacity of criminal justice institutions is strengthened

Result 3: Institutional/internal oversight of the criminal justice system is increased

JECCC is expected to increase the effectiveness of the criminal justice system by strengthening its legal and policy framework, organizational structure, technical capacity, and internal controls to increase autonomy and reduce opportunities for internal corruption.

This is the Activity’s cornerstone Objective. Under Objective 1, the Contractor will improve the effectiveness and efficiency of justice system institutions by introducing and applying transparent and effective operational laws and policies, in compliance with international standards for planning and executing resources by helping to modernize and advance use of technology; building the skills of justice operators and administrative professionals; raising effectiveness and operability of case management;

and advancing specialized courts or prosecutorial offices to improve the systems demand to reduce backlog and impunity rates. The Contractor will work at an institutional level particularly for the organizational capacity and internal controls; however, it will prioritize the crime categories described in sections above.

Though this Objective is primarily focused on institutional strengthening, the Contractor will target assistance not only where there is a request or need but should assess where there is political will and empowered reform champions as counterparts for sustained improvement. The Contractor will work closely with specialized civil society organizations and other international bodies to identify and advance entry points.

As well, the Contractor must map the “feedback” loop between criminal justice institutions of the central government and regional offices, with a focus on geographic areas defined by USAID, in order to ensure that technical assistance both trickles down to regional offices, and that regional offices are in a position to define a reform agenda for the centralized criminal justice administration. This feedback loop will be support through other Objectives as well.

By implementing improvements in the areas mentioned, each institution will increase their functional and administrative autonomy, which contributes to greater institutional independence.

Expected Outcomes

▪ Enhanced policy framework that ensures transparent and efficient resource management in targeted institutions

▪ Annual improvement in institutional/organizational performance index for targeted criminal justice institutions

▪ System in place to measure professional standards for justice operators and administrative staff

▪ Adoption of merit-based procedures within the judicial/prosecutorial career

▪ Institutionalization of gender equity policies and practices

▪ Reduction of cases backlog for targeted crimes

▪ Better use of ICT for more efficiency for internal procedures

▪ Quality products (investigations, cases, rulings) in targeted institutions

▪ Increased efficiency in solving cases and streamlining of procedures

OBJECTIVE 2: Improve access to equitable criminal justice services

Result 1: The public’s access to criminal justice institutions is enhanced, ensuring inclusion of marginalized groups

Result 2: A non-state network that complements State services related to justice is created Result 3: Respect for due process and human rights protection by criminal justice institutions is reinforced

JECCC is expected to improve citizens’ access to justice, by strengthening mechanisms that safeguard fairness and impartiality, and establishing a network that complements the State in providing justice services that protect human rights and foster procedural due process.

The Activity will address the barriers that impede access to a fair and equitable criminal justice system.

The barriers include inadequate/insufficient resources as well as an entrenched culture of selective access to justice. When coupled with institutions and actors that fail to adequately respect due process and human rights, the system too often fails to serve citizens as intended.

The Contractor will bring together criminal justice operators, communities, organizations, and citizens to demonstrate that the institutions’ primary function is to serve the population. The Contractor will implement interventions that cover the writ-large concept of access to justice, which includes but goes beyond the number of courts or prosecutors, but also considers the quality of criminal justice. Quality criminal justice considers that neither distance/geographic location, financial status, gender, ethnicity nor language are obstacles to receive timely and fair procedural criminal justice services.

The Contractor should also consider technical assistance to the institutions’ adaptability when faced with external and unexpected shocks, such as pandemic or natural disasters, to ensure access to criminal justice is not interrupted and that due process is shepherded, and that a support network can respond in the case of extreme situations. As mentioned under Objective 1, these considerations should be taken for planning and budgetary purposes, which will allow actions under this Objective.

The Contractor will work with civil society to strengthen its capacity to advocate for stronger criminal justice institutions; specific attention must be given to organizations working with young people, women, and traditionally underrepresented groups.

The Activity will ensure that marginalized populations are guaranteed due process and fair and equal access to the law. To this end, the Contractor will assist not only capacity building, training or targeted technical assistance, but will also support the application of international standards, the prevention of revictimization of marginalized populations and the avoidance of the use of existing legal frameworks to criminalize human rights defenders, as an illustrative example. Victim-centered approaches should be prioritized, including redress mechanisms when applicable. The Contractor will consider as essential civil society’s active and constructive engagement to oversee compliance with the standards set as relevant and appropriate.

Expected Outcomes:

▪ Establishment and ongoing monitoring of a network that complements the State in providing criminal justice services

▪ Establishment of new specialized units or increased geographic coverage to address targeted crimes

▪ Implementation of protocols and procedures in peace courts that allow for quicker, more efficient case processing in targeted jurisdictions.

▪ Increased adoption of mechanisms that ensure due process by justice operators

▪ Use of alternative dispute resolution mechanisms

▪ Civil society organizations engaging with justice operators providing recommendations

▪ Contingency plans in place by institutions including other actors to ensure access to justice during crises

OBJECTIVE 3: Enhance public trust in the criminal justice sector by strengthening civil society oversight

Result 1: Civil society is empowered to demand accountability, effectiveness, and transparency of the criminal justice system

Result 2: Transparency and responsiveness to the public by criminal justice institutions is enhanced

JECCC will enhance public trust in the Honduran criminal justice sector through institutional strengthening and civil society oversight while increasing the system’s transparency to the public.

The Activity will support civil society and media’s oversight mechanisms that foster the accountability for public servants in justice institutions. JECCC will also support the role of the international community in overseeing the effectiveness and transparency of the justice sector.

Working with civil society to develop constructive, citizen-centered approaches, the Activity will provide citizens with needed information to exercise proper oversight. These approaches may include providing opportunities for citizens to interact more closely with the criminal justice system, to better understand successes, challenges and demands required for sustained change. The Contractor will provide information that qualitatively enhances the public’s knowledge about its rights and how to access the criminal justice sector. Effective communication should be interactive, participatory, and generate reactions in a productive way.

Expected Outcomes:

▪ Enhanced civil society’s controls and oversight of the criminal justice sector

▪ Application of Open Justice Principles

▪ Inclusive group of civil society representatives engaging on transparency in the criminal justice system

▪ Establishment and support of effective, accessible, and user-friendly communications channels with the public by targeted institutions

▪ Joint initiatives (public-private) supported implemented to inform citizens on the criminal justice services

OBJECTIVE 4: Marshal coordination among criminal justice stakeholders

Result 1: A harmonized legal and policy framework to counter criminality and corruption is developed by enhancing coordination among criminal justice stakeholders

Result 2: Relevant reforms and mechanisms to strengthen rule of law and justice sector coordination supported

JECCC is expected to enhance coordination among the different criminal justice stakeholders to combat impunity, criminality and corruption by harmonizing the legal, policy and regulatory framework, defining institutional roles and responsibilities, and supporting relevant reforms and respect for rule of law.

This Objective reaches beyond traditional criminal justice system institutions, to include institutions that have a direct or indirect relationship with the mentioned system. These may include but are not limited to: the Honduran National Congress, Solicitor General, Supreme Audit Institution (TSC), Ministry of Finance, Human Rights Ombudsman Office, Human Rights Ministry, and Access to Public Information Institute (IAIP). In recent years, the actions of each of these institutions have contributed to MACCIH’s exit; led to the approval of a series of laws that are obstacles in the fight against impunity; and non-transparently selected Supreme Court Justices, the Attorney General, the Human Rights Ombudsman, the TSC and IAIP Commissioners.

The Contractor will also facilitate constructive and consistent engagement between criminal justice sector institutions, as well as with civil society representatives, other donors or representatives of the international community that are also supporting rule of law strengthening.

Expected Outcomes:

▪ A national criminal justice policy adopted with input from all relevant stakeholders

▪ Increased inter-agency cooperation through training criminal justice sector personnel in implementation of the new joint police/prosecutor investigation manual and inter-agency collaboration

▪ Creation of coordination mechanisms and dialogue spaces with civil society to propose and advance reforms

▪ Support to selection processes for high-level authorities, such as the Supreme Court or Attorney General

C.7 GUIDING PRINCIPLES

This Activity will incorporate the guiding principles below to ensure that key issues are considered during implementation.

▪ Interdependency of Objectives and Contractor Work - While the Activity is organized around the four objectives outlined in this document, the Contractor must take into consideration the interdependency of various systems which affect these results throughout design and implementation to ensure the greatest level of achievement across all objectives. The Contractor is expected to employ a facilitative approach -using their position as a convenor and broker to align incentives and when necessary, delivering targeted, strategic assistance to leverage and expand the activities of existing criminal justice sector institutions, the private sector, civil society, service providers, and other donors across the objectives without creating long-term dependency.

▪ Building on Existing Progress and Initiatives - The Contractor will need to adequately balance resource allocation for facilitating systems change through the development of new partnerships and alliances, that catalyze public and private investment, with a goal of reducing impunity, criminality and corruption in Honduras. The Contractor will need to build on existing progress and initiatives, e.g., Unidos por la Justicia activity or Support to CNA activity, to ensure progress is not lost, and positive working relationships with these actors are maintained. The Activity will need to simultaneously explore and invest in the development of new partnerships, and as relevant, transition and integrate these actors and initiatives into more efficient, scalable, and viable criminal justice sector models.

▪ Activity Adaptation - USAID/Honduras recognizes that systems are dynamic and continually changing in response to internal and external factors. Therefore, the Contractor must work closely, openly, and collaboratively with USAID/Honduras, implementing a Collaborating, Learning and Adapting approach around implementation challenges and delays, recommending pivots and course corrections to strategies, approaches, partnerships, implementation mechanisms, and resource levels. The Contractor should implement iterative cycles of planning, action, reflection, revision (drawing on local knowledge), and drawing explicit attention to risks and their management. The Contractor must take an adaptive approach to implementation, making use of the adaptation and flexibility mechanisms built into the Activity, such as the single-source IDIQ (supplementary technical assistance), the grants pool and others described herein. The Contractor must work closely with USAID/Honduras and other implementing partners and contractors to identify these opportunities, as well as potential challenges and setbacks to ensure achievement of results. The Contractor must be prepared to effectively respond to changing political and other stressors such as COVID-19 or other unexpected events. In case of rapidly changing conditions and new opportunities, the Contractor may need to shift emphasis between and within objectives, and may do so in consultation with and approval from the COR.

▪ Gender and Social Inclusion - Gender sensitive practices and the inclusion of vulnerable populations including youth, LGBTQI+ persons, indigenous and Garífuna Hondurans, and persons living with disabilities should be prioritized during implementation. The Activity should pay particular attention to the integration of returned migrants as a vulnerable population and the empowerment of women to ensure they have equitable access to criminal justice services, equitable conditions if they work in the criminal justice system, and equitable participation in civil society organizations. The activity should also focus on reducing gender-based violence (GBV). The Contractor is expected to serve as a facilitator among these groups, providing tailored approaches to increase their knowledge, understanding, and interaction with the criminal justice system.

▪ Do No Harm - The Do No Harm principle recognizes that aid can cause harm but can also be used to strengthen local capacities for peace in communities and countries affected by disaster and conflict.

This Activity should consciously look for and seek to avoid or mitigate negative impacts on conflict dynamics within the Honduran criminal justice sector and main stakeholders, e.g., unintentionally worsening divisions among citizenry or reinforcing structural and systemic marginalization. A particular caution should be considered when working on human rights and equal access to justice;

if risks are identified, the Contractor should propose mitigation measures to possible impacts. This is in line with a Conflict-Sensitive Approach; interventions under this Activity must refer to USAID’s Conflict Assessment Framework and related documents, as well comply with any relevant mission order or action USAID/Honduras Mission enforces.

▪ Transparency and Anti-corruption - USAID has increased its focus on integrating anti-corruption and transparency efforts as defined in the CDCS. The Contractor must include anti-corruption, access to information, and transparency in the sectors where interventions are planned, especially but not exclusively supporting opportunities to reduce corruption in the public or private sector; promoting fair and transparent public processes and improving governance and inclusive participation.