RFP_72052319R00003_Solicitation_for_Justice_Access_for_Victims_and_the_Accused.pdf

Issuance Date: April 4, 2019 Questions Due Date: April 15, 2019 Questions Due Time: 10:00 a.m., Mexico City Time Proposals Due Date: May 22, 2019 Proposals Due Time: 10:00 a.m., Mexico City Time Subject: Solicitation No. 72052319R00003

The United States Agency for International Development (USAID) seeks proposals from qualified local Mexican non and for-profit firms to achieve the objectives set forth in the attached Solicitation. USAID anticipates awarding one (1) Firm Fixed Price Contract with a period of performance of five (5) years (two-year base with three options).

Subject to availability of funds, the total estimated cost for this procurement will be between $4-$9.99 million US Dollars with the expectation that offers will be at the low end of the range. NAICS Code is 541990 – All Other Professional, Scientific, and Technical Services.

The competition under this solicitation is limited to local Mexican entities in accordance with Section 7077 of Public Law 112-74, as amended by Section 7028 of the Consolidated Appropriation Act, 2014 (P.L. 113-76), is titled “Local Competition Authority”. For the purpose of this solicitation, local entity means an organization that:

1) Is legally organized under the laws of Mexico;

2) Has as its principal place of business or operations in Mexico;

3) Is majority owned by individuals who are citizens or lawful permanent residents of Mexico or is managed by a governing body the majority of who are citizens or lawful permanent residents of Mexico and;

4) Is not controlled by a foreign entity or by an individual or individuals who are not citizens or permanent residents of Mexico.

The term “controlled by” means a majority ownership or beneficiary interest as defined above, or the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the organization’s managers or a majority of the organization’s governing boy by any means, e.g., ownership, contract, or operation of law.

Please note that offerors must be registered in the System for Award Management (SAM) in order to do business with the U.S. Government. A successful registration in SAM means that the offeror has obtained a DUNS number and has secured an NCAGE number. Please refer to Attachment 4 for further instructions.

Section L of the RFP sets forth all instructions for the preparation and submission of required proposal contents, including critical dates and 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.

This solicitation does not obligate USAID to award a contract nor does it commit USAID to pay any costs incurred in the preparation and submission of a proposal. Award of a contract under this solicitation is subject to the availability of funds and other internal USAID approvals. Furthermore, USAID reserves the right to reject any and all offers, if such action is considered to be in the best interest of the United States Government.

The solicitation can be viewed and downloaded from www.fedbizopps.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes when downloading materials. USAID advises interested parties to regularly check the website as amendments to the solicitation may be occasionally issued.

Additionally, interested parties can register on the Vendor List on the FedBizOpps website to be contacted by other interested firms to develop teaming arrangements.

Sincerely, G. Michael Junge Control Number: 2019-0081 Contracting Officer USAID/Mexico http://www.fedbizopps.gov/

SECTION A INTRODUCTION

A.1 SOLICITATION, OFFER, AWARD TEMPLATE

A.2 TABLE OF CONTENTS

SECTION A INTRODUCTION 3

A.1 SOLICITATION, OFFER, AWARD TEMPLATE 3

A.2 TABLE OF CONTENTS 4

SECTION B SERVICES AND PRICE/COSTS 9

B.1 PURPOSE 9

B.2 CONTRACT TYPE AND SERVICES 9

B.3 PRICE 9

B.4 OBLIGATED AMOUNT 9

B.5 PAYMENT SCHEDULE 9

SECTION C STATEMENT OF WORK 10

C.1 PURPOSE 10

C.2 BACKGROUND 10

C.3 INTERVENTIONS: POLICIES, PROGRESS, AND CHALLENGES 13

C.4 CONTRACT OBJECTIVES 14

C.5 GENERAL PRINCIPLES AND GUIDANCE 14

C.5 a SUB-GRANTS OR SUB-CONTRACTS 14

C.5 b LOCAL, CONTEXT-DRIVEN APPROACHES 14

C.5 c LOCAL SYSTEMS 14

C.5 d PRIVATE SECTOR 15

C.5 e GEOGRAPHY 15

C.5 f VULNERABLE POPULATIONS 16

C.5 g FLEXIBILITY 16

C.5 h STRATEGIC COMMUNICATIONS 16

C.5 i SECURITY 16

C.5 j OTHER USAID/USG AND DONOR COORDINATION 16

C.5 k LEVERAGING OTHER USAID/USG JUSTICE INTERVENTIONS 17

C.6 STATEMENT OF WORK (SOW) 17

C.7 EXPECTED OUTCOMES 18

SECTION D PACKAGING AND MARKING 21

D.1 MARKING AIDAR 752.7009 (JAN 1993) 21

D.2 BRANDING 21

D.3 MARKING AND BRANDING TEMPLATE 21

SECTION E INSPECTION AND ACCEPTANCE 22

E.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE 22

E.2 INSPECTION AND ACCEPTANCE 22

SECTION F DELIVERIES OR PERFORMANCE 23

F.1 PERIOD OF PERFORMANCE 23

F.2 REPORTS AND DELIVERABLES OR OUTPUTS 23

F.3 PERFORMANCE STANDARDS 23

F.4 PLACE OF PERFORMANCE 23

F.5 AUTHORIZED WORK DAY / WEEK 23

F.6 NARRATIVE & FINANCIAL REPORTS 24

F.6 a QUARTERLY PROGRESS REPORTS 24

F.6 b QUARTERLY FINANCIAL REPORTS 24

F.6 c ANNUAL REPORTS 25

F.6 d ANNUAL MEL REPORT 25

F.6 e FINAL CONTRACT COMPLETION REPORT 25

F.6 f CLOSEOUT PLAN 26

F.6 g REPORTING ON PARTICIPANT TRAINING 26

F.6 h OTHER REPORTS 27

F.6 i TALKING POINTS, SPEECHES, AND SCENE-SETTERS 27

F.6 j STRATEGIC REVIEWS 28

F.7 PERIODIC PROGRESS REPORTS (OCT 2007) 28

SECTION G CONTRACT ADMINISTRATION DATA 29

G.1 CONTRACTING OFFICER'S AUTHORITY 29

G.2 TECHNICAL DIRECTION 29

G.3 TECHNICAL DIRECTION/RELATIONSHIP WITH USAID 29

G.4 ACCEPTANCE AND APPROVAL 31

G.5 ACCOUNTING AND APPROPRIATION DATA 31

G.6 CONTRACTING OFFICER 31

G.7 CONTRACTING OFFICER’S REPRESENTATIVE 31

SECTION H SPECIAL CONTRACT REQUIREMENTS 33

H.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE 33

H.2 LANGUAGE REQUIREMENTS 33

H.3 752.222-70 USAID DISABILITY POLICY (DEC 2004) 33

H.4 752.222-71 NONDISCRIMINATION (JUN 2012) 34

H.5 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) 34

H.6 AUTHORIZED GEOGRAPHIC CODE 35

H.7 752.228-3 WORKER’S COMPENSATION INSURANCE (Defense Base Act) (DEC 1991) 35

H.8 DBA INSURANCE AND SERVICE AGENT 36

H.9 752.7005 DEVELOPMENT EXPERIENCE DOCUMENTS (SEP 2013) 37

H.10 302.3.5.17 LIMITATION ON SUBCONTRACTING TO NON-LOCAL ENTITIES (MAY

2012) 38

H.11 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (NOV 2017) 39

H.12 752.7019 PARTICIPANT TRAINING (JAN 1999) 41

H.13 EXECUTIVE ORDER ON TERRORISM FINANCING 42

H.14 ELECTRONIC PAYMENTS SYSTEM (AUG 2014) 42

H.15 ADS 302.3.5.22 SUBMISSION DATASETS DEVELOPMENT DATA LIBRARY (DDL)

(OCT 2014) 43

H.16 NONEXPENDABLE PROPERTY PURCHASES 44

H.17 GOVERNMENT FURNISHED FACILITIES OR PROPERTY 45

H.18 DISCLOSURE INFORMATION 45

H.19 ENVIRONMENTAL COMPLIANCE 46

H.20 CONSENT SUBCONTRACT 47

H.21 KEY PERSONNEL 47

H.22 GRANTS UNDER CONTRACT 51

SECTION I CONTRACT CLAUSES 52

I.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE 52

I.2 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) 55

I.3 FAR 52.217-5 EVALUATION OF OPTIONS (July 1990) 55

I.4 FAR 52.217-8 OPTION TO EXTEND THE SERVICES (NOV 1999) 55

I.5 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.6 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS 55

I.7 FAR 52.222-36 EQUAL OPPORTUNITY WORKERS WITH DISABILITIES 56

I.8 AIDAR 752.227-14 RIGHTS IN DATA - GENERAL (OCT 2007) 56

I.9 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JUL 2007) 57

I.10 AIDAR 752.231-71 SALARY SUPPLEMENTS HOST GOVERNMENT 58

I.11 AIDAR 752.7036 USAID IMPLEMENTING PARTNER NOTICES 58

I.12 AIDAR 752.7038 NONDISCRIMINATION END-USERS SUPPLIES SERVICE 60

I.13 FAR 52.203-99, PROHIBITION CONFIDENTIALITY AGREEMENTS 60

I.14 FAR 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) 61

I.15 AIDAR 752.204-72 CONTRACTOR ACCESS USAID FACILITIES USAID

INFORMATION SYSTEMS (APRIL 2018) (DEVIATION NO. M/OAA-DEV-AIDAR-18-2C and

M/OAA-DEV-AIDAR-18-2C) 61

I.16 SOFTWARE LICENSE ADDENDUM (MAY 2016) 63

I.17 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY 64

I.18 USE OF INFORMATION TECHNOLOGY NOTIFICATION (MAY 2016) (DEVIATION

NO. M/OAA-DEV-FAR-16-1C) 64

I.19 CLOUD COMPUTING (MAY 2016) 66

I.20 AIDAR 752.252-1 AIDAR SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (MAR 2015) 72

SECTION J LIST OF DOCUMENTS EXHIBITS AND OTHER ATTACHMENTS 73

ATTACHMENT 1 ACRONYM LIST 73

ATTACHMENT 2 MARKING & BRANDING TEMPLATE 73

ATTACHMENT 3 SELECTION OF INSTRUMENT 73

SECTION K REPRESENTATIONS, CERTIFICATIONS, OTHER STATEMENTS 74

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 75

L.1 DELIVERY INSTRUCTIONS 75

L.2 GENERAL INSTRUCTIONS TO OFFERORS 75

L.3 INSTRUCTION FOR THE TECHNICAL PROPOSAL 76

L.5 INSTRUCTIONS FOR THE PREPARATION OF COST AND PRICING INFORMATION

SECTION M EVALUATION FACTORS FOR AWARD 84

M.1 GENERAL INFORMATION 84

M.2 TECHNICAL PROPOSAL EVALUATION CRITERIA 85

M.3 BEST VALUE 87

M.4 DETERMINATION COMPETITIVE RANGE CONTRACT AWARD 87

ATTACHMENT 1: ACRONYM LIST 89

ATTACHMENT 2: BRANDING AND MARKING PLAN 90

ATTACHMENT 3: SELECTION OF INSTRUMENT 99

ATTACHMENT 4: SAM REGISTRATION 104

SECTION B SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this activity is to improve the ability of state-level justice sector institutions to ensure due process for the accused, deliver services to victims, and to support roles for civil society to improve these services.

B.2 CONTRACT TYPE AND SERVICES

This is a Firm Fixed Price contract. For the consideration set forth in the contract, the Contractor must provide the deliverables and outputs as described in Section C and Section F of the contract. The Contractor must also comply with all other contract requirements.

B.3 PRICE

Period of Performance: a two-year base period with three options.

Description Total in U. S. Dollars

Base period (two years) $TBD

Option 1 $TBD

Option 2 $TBD

Option 3 $TBD

Total Cost (base period + options) $TBD

B.4 OBLIGATED AMOUNT

The amount to be obligated is $TBD.

B.5 PAYMENT SCHEDULE

Payment shall be made to the contractor in accordance with FAR Clause 52.212-4 Payment will be processed within 30 days after submission of a duly approved voucher SF 1034. Electronic submission of invoices is encouraged. Submit invoices to the USAID/San Salvador Office of the Controller, email: sansalvch@usaid.gov. If electronic submission is made, there is no need to submit physical vouchers.

The Contractor is eligible to invoice in accordance with the following payment schedule:

[TBD - Offeror to propose a payment schedule tied to deliverables with delivery dates]

END OF SECTION B

mailto:sansalvch@usaid.gov

SECTION C STATEMENT OF WORK

JUSTICE ACCESS FOR VICTIMS AND THE ACCUSED (JAVA)

C.1 PURPOSE

The purpose of this activity is to improve the ability of state-level justice sector institutions to ensure due process for the accused, deliver services to victims, and to support civil society to improve these services.

C.2 BACKGROUND

In 2008, the Government of Mexico (GOM) mandated justice sector reforms to improve the transparency, effectiveness, and efficiency of the Mexican criminal justice system, protect due process, promote assistance to crime victims, and strengthen human rights.

As mandated by the Mexican Congress, states were expected to adopt accusatorial criminal justice systems by 2016 to replace former inquisitorial systems. This emphasis on the respect for the rights of the accused and consideration for the rights of the victims represented a whole new philosophy for the whole system.

However, most of the support for the implementation process was devoted to traditional core institutions: the courts and the prosecutors’ offices. The reforms mandated the creation of new systems in all states for the protection of due process and the rights of victims, but this protection continues to be weak and violations of these rights continue to occur. These asymmetries often result in the lack of an effective defense for the accused, the violation of the presumption of innocence, or the lack of effective protection for victims of crime, especially women.

The reform has been successful in decreasing the occurrence of threats and aggressions used to extract confessions, according to the World Justice Project, but opacity, the improper exercise of prosecutorial discretion and poor monitoring of compliance with new policies continue to threaten the rights of the accused and victims.

In addition, the persistence of old practices often results in only cosmetic changes, backsliding, and incorrect interpretation of the new rules for due process protection.

Compounding these challenges, Mexican authorities have created parallel or redundant systems for responding to the needs of women and victims of violent crime. While oftentimes the state response to high levels of gender-based violence (GBV) is more developed (Women’s Justice Centers, or WJCs) than assistance to victims of violent crime (State Executive Commission for Attention to Victims or CEEAVs, its Spanish acronym) the actual degree of protection afforded varies greatly even within the same state. As for non-GBV victims, an actual, working state policy on victims’ assistance is lacking in most jurisdictions. Criteria for reparations are not clear and provision of services - where they exist - has been discretionary and politically motivated, with victims groups even at times being captured by local political interests.

The criminal justice reform also acknowledged the role that civil society can have in the effective administration of criminal justice. From the provision of services for the accused to the monitoring of supervised release, civil society organizations (CSOs) represent not only a key resource for the operation of the system, but are also a driver for change and for the continuous improvement in the protections of due process.

Through advocacy, communication strategies and policy dialogue, technically sophisticated local CSOs have a role in addressing the deficiencies mentioned above.

General Institutional Challenges The government institutions tasked with protecting due process and the rights of victims, such as Public Defenders’ Offices (PDOs), Pretrial Service Units (UMECA, its Spanish acronym), and justice sector institutions serving victims (particularly women i.e., WJCs and CEEAVs), face numerous challenges. Except for PDOs, these institutions were created by the 2008 criminal justice reform and they continue to be underfunded and under-utilized or, as in the case of the CEEAVs, characterized by minimal operational capacity.

PDOs, UMECAs, and victims’ services share common challenges:

a. Staff turnover and undefined career paths: There is a lack of transparency in these institutions, particularly with respect to appointments and career advancement, which tends to favor personal loyalty over professional merit.

Moreover, gaps in pay between staff working in these institutions and other actors (e.g. prosecutors, legal experts) contribute to high turnover and limit their ability to deliver legal and public defense services and ultimately create inefficiencies in case resolution.

b. Regulatory framework: Given the lack of clear guidelines and lack of knowledge of applicable rules, institutional inertia often exists. There is room to improve existing, or implement new standard operating procedures and protocols. This includes, but is not limited to, procedures and protocols related to the rights of the accused and the rights of victims. Regarding victims, there does not appear to be standardized or widely accepted response, nor is there a uniform policy regarding representation, protections, or reparations.

c. Funding and caseloads: The very high number of cases that these institutions have to resolve, combined with lack of investment in infrastructure and equipment and the limited number of staff positions funded, create bottlenecks and backlog. While this also affects courts and prosecutors’ offices in many states, funding and investment in institutions dealing with due process protections and victims’ services is, in many cases, an afterthought.

d. Monitoring and Evaluation (M&E): Without greater transparency and reliable data to ascertain reliable estimates of demand, caseloads, or budgets, these three justice sector institutions (especially UMECAs and PDOs) will not have adequate resources (i.e., state or federal funding) to meet the needs of the accused and victims. As noted in a recent USAID evaluation https://pdf.usaid.gov/pdf_docs/PA00TF1Z.pdf, few institutions have the capacity to generate reliable statistics on their operations, thus hampering oversight of their own performance, not to mention complicating justification for additional resources or funding.

e. Inter-agency coordination: Prosecutors and judges often fail to inform and coordinate with these institutions to the detriment of victims and defendants. In many cases, justice sector institutions are siloed, hindering case resolution.

Specific Institutional Challenges

In addition to these common themes, each of these institutions presents weaknesses specific to their role in the system:

a. Public Defenders’ Offices: In many cases, PDOs lack institutional independence, as they may be considered subordinate to the courts. In addition, there are sometimes procedural barriers that limit their ability to provide an effective defense, especially in relation to the abilities of the prosecution.

b. Pretrial Service Units: As noted in a recent USAID evaluation https://pdf.usaid.gov/pdf_docs/PA00TF1Z.pdf, UMECAs at times have poor technical capacity that threatens due process for the accused and for victims.

UMECAs are not providing necessary, sufficient or timely information for judges to justify pretrial release and to effectively conduct supervision efforts. Even in jurisdictions where UMECAs have improved capacity, prosecutors and courts have failed to rely on them for both assessment and monitoring functions.

c. Women’s Justice Centers: In order to be effective, WJSs need to provide a variety of services to GBV victims at a single location. This implies the ability to provide services such as medical examination and counseling in addition to legal services. The general challenge of coordination is critical, since requiring victims to turn to the main justice institutions for prosecution, will result in re-victimization.

d. State Commissions of Victims’ Assistance: State-level victims’ assistance remains ill-defined. Rights of victims are often not understood or accepted. The scope of what it involves is confusing (reparations vs. protection measures vs.

representation in process). This is complicated by CEEAVs, which in some cases, are only minimally operational. The creation of “asesores jurídicos” (representatives of victims) in criminal proceedings has introduced an element that has either thrown the proceedings off balance (where support exists) or become completely ineffective and ignored (where support is lacking).

https://pdf.usaid.gov/pdf_docs/PA00TF1Z.pdf

Civil Society Challenges

Civil society has a role in preventing the erosion of due process protections, promoting due process guarantees where they do not currently exist, and promoting the effectiveness of victims’ assistance. However, civil society has sometimes struggled to fulfill its potential for a variety of reasons:

a. Lack of technical capacity: Civil society has been effective in identifying key violations, especially for the accused (lack of interpreters for non-Spanish speakers and limitations to prosecutors’ discretion, such as in requests for extended investigation, “careos forzados”, lack of privacy and special care for minors, etc), but has fallen short when proposing policy alternatives that could fix some of these violations. Many CSOs lack the legal technical expertise to address the root causes of violation with non-confrontational approaches.

b. Divided Priorities in Victims’ Assistance: Most CSOs working on victims’ assistance are closely identified with single, specific groups (victims of GBV, of trafficking in persons, of kidnapping, etc), which has not only limited their ability to act as a group, but has resulted in the splintering of victims’ assistance services into multiple state commissions with very limited funding. These have been ineffective in preventing or dealing with the crimes they were mandated to compensate for and prevent.

c. Weak Service Delivery: Where regulation provides a specific role for CSOs to act as service providers of subsidiary services to the accused and to victims of crime, they often fail to comply with specific standards (both procedural and of quality of service). Since funding is usually limited, supervision of compliance by the authorities is limited as well.

C.3 INTERVENTIONS: POLICIES, PROGRESS, AND CHALLENGES

USAID/Mexico has assisted GOM efforts to support states in facilitating the operation of an oral, adversarial criminal justice system, as mandated by the 2008 reforms. As part of these efforts, USAID has contributed to the new systems’ emphasis on due process protections for the accused and victims. This work has included support for WJCs, CEEAVs, PDOs and UMECAs in several states.

Some of these efforts have been adopted by federal authorities as the recommended models for adoption in the states, as in the case of the basic UMECA model and WJC’s performance evaluation model.

USAID has also supported innovative efforts to promote the importance of due process, such as the development of short films dealing specifically with principles of the reform, and the creation of adult and children’s materials about due process for rural communities.

C.4 CONTRACT OBJECTIVES

USAID understands that this contract cannot address all deficiencies in all types of state-level justice sector institutions, but will look to its implementing partners to work on due process and victims’ services through select institutions (and in select states) where there is the greatest chance of success, or where capacities exist to take advantage of USAID’s support with the best possibilities for sustainability.

Component 1 will take an approach centered on the rights of the accused and victims.

It will help local actors tackle the underlying factors that inhibit institutions from minimizing due process violations and arbitrary acts by the state (including, but not limited to, indefinite detention and improper use of discretionary authority) that undermine human rights, as well as factors that impede effective redress for victims.

Component 2 will focus on the involvement of civil society in the protection of due process and improvement of victims’ assistance through the implementation of strategies that take advantage of their existing capabilities and through strengthening the technical understanding of these organizations in order to enable them to develop sophisticated strategies for policy change. Component 2 will also focus on the communication of the importance of due process for specific policy purposes and for specific audiences.

C.5 GENERAL PRINCIPLES AND GUIDANCE

C.5 a SUB-GRANTS OR SUB-CONTRACTS

Should an organization not have all of the expertise required to meet the objectives of this statement of work, it is encouraged to include other organizations, which can work for the prime contractor through sub-grants or sub-contracts.

C.5 b LOCAL, CONTEXT-DRIVEN APPROACHES

In defining its activities in each state, the Contractor must take into account the particular political dynamics of each state and the unique opportunities and risks presented. The Contractor must avoid a uniform approach in each of the states that does not take into account the local context in the state.

C.5 c LOCAL SYSTEMS

To increase the likelihood of sustainability, the Contractor must support the local systems in the contexts in which they work. Local system refers to those interconnected sets of actors—governments, civil society, the private sector, universities, individual citizens and others—that jointly produce a particular development outcome. Even with activities focused on building the effectiveness of one or two justice sector institutions, it is necessary for the Contractor to consider the broader group of actors outside of these institutions that are invested in the sustainable outcomes of the work of these institutions. Whether the local system will own the outcomes produced under this contract after it is finished must be a key consideration for planned activities. See:

Local Systems Framework (English)

Local Systems Framework (Spanish)

C.5 d PRIVATE SECTOR

Within the local system, the private sector has the potential to play a key role.

USAID/Mexico has seen several types of engagement with the private sector in its programming over the last few years. To date, the private sector has teamed up with other local actors to finance initiatives, to provide its expertise in improving the effectiveness of the government, and to engage in policy discourse. The Contractor must consider the potential role that the private sector can play to produce and sustain a development outcome. To the extent that this role involves resources, the Contractor should solicit private sector contributions under the sub-grant component. Ideally, these contributions should meet a 1:1 ratio, but it may be possible to reduce the ratio for innovative or high impact proposals.

C.5 e GEOGRAPHY

For Component 1 (See section C7 1.Promote Effectiveness and Diligence of Public Institutions overseeing the rights of victims and the accused, below), this award requires programming in major judicial districts (defined in terms of population concentration or alternatively, the state capital district plus at least one or two additional population centers not within the same metropolitan area) in five states from the following: Baja California, Coahuila, Jalisco, Nayarit, Nuevo Leon, San Luis Potosi, Tabasco and Zacatecas. This programming can be sequential instead of simultaneous, provided it gives adequate time for programming to achieve at least a minimum level of sustainability in the last judicial districts covered. It is anticipated that the Contractor will have sub-offices in states where most work is to be conducted. For Component 2, the same states should be covered, but the emphasis on judicial districts can be adapted to the proposed approaches.

Additionally, the Contractor is strongly encouraged to engage to a limited degree with other states (outside of the target states) considered reform leaders to support justice institutions or the justice sector in undertaking promising initiatives that will produce concrete advances in the administration of justice, results that can then be shared with other states, particularly the Contractor’s target states. The degree of adoption and assimilation of these experiences and practices and the promotion of political buy-in, rather than the events or exchanges themselves, would be the strategic result.

https://www.usaid.gov/sites/default/files/documents/1870/LocalSystemsFramework.pdf https://pdf.usaid.gov/pdf_docs/pa00n796.pdf

C.5 f VULNERABLE POPULATIONS

Within the context of the two components of this activity, there are opportunities to design and implement programming that will have a positive effect upon women and other vulnerable groups.

C.5 g FLEXIBILITY

The Contractor must ensure technical and programmatic flexibility within and across program components to respond to changing circumstances in the area of rule of law within the scope of this contract. The Contractor will outline its approach to keep abreast of changes in the situation on the ground and how it will maintain the flexibility to accommodate changes. The Contractor must include such situational analyses and scenarios as part of its regular reporting and engage with USAID to make appropriate programmatic adjustments.

C.5 h STRATEGIC COMMUNICATIONS

There are aspects of this activity that will require support for public outreach. The Contractor must incorporate state-of-the-art principles in strategic communications for this public outreach. This must include, but is not limited to, focus group testing, interviews, surveys or other tools that contribute to this end. Proposed outreach activities must incorporate methods for assessing their effectiveness.

C.5 i SECURITY

The security of beneficiaries and the contractor’s staff is of utmost concern to USAID/Mexico. Given the escalation of violence in Mexico, it is imperative that the Contractor develop a security plan that ensures institutionalized processes to track the security context in the different states, evaluates the risk to beneficiaries and the Contractor’s staff, and implements steps to mitigate risks. The Contractor must budget for this in its cost proposal.

C.5 j OTHER USAID/USG AND DONOR COORDINATION

The Contractor shall plan and carry out program activities with a clear understanding of the scope and impacts of other donor efforts in the rule of law sector. Specifically, the Contractor should coordinate closely with USAID’s Effectiveness of State-Level Justice Sector Institutions activity as it pertains to public defenders, as they are a critical component of local systems of justice sector actors. In addition, the Contractor should be aware of programs administered by the State Department’s Bureau of International Narcotics and Law Enforcement Affairs and the US Department of Justice so as to avoid duplication or inconsistencies in efforts, leverage maximum impact, and identify opportunities for joint implementation or collaboration.

C.5 k LEVERAGING OTHER USAID/USG JUSTICE INTERVENTIONS

USAID has a long history of support to Mexico’s justice sector, with its current Promoting Justice Project (PROJUST) being the most recent manifestation of this support. The Contractor must take into account and build upon this previous programming, to include activities already completed, relationships already established, materials already produced, government plans already developed, persons already trained, and normative frameworks already developed. In addition, USAID encourages the Contractor to apply the lessons learned from this programming identified in the mid-term https://pdf.usaid.gov/pdf_docs/PA00TF1Z.pdf of PROJUST.

C.6 STATEMENT OF WORK (SOW)

The purpose of this activity will be achieved through the execution of the following components. Note that the illustrative activities listed below are examples of potential activities. They are provided to give a clear idea of the nature of the activities expected;

they are not necessarily all-inclusive or mandatory.

1. Promote Effectiveness and Diligence of Public Institutions overseeing the rights of victims and the accused

Problem Statement The challenges in ensuring the existence and application of due process protections undermine the rights of the victims and the accused, which in turn weakens respect for human rights and decreases the legitimacy of the state.

Theory of Change IF government institutions mandated with the protection of due process and victims’ rights are effective, THEN human rights are enhanced and the legitimacy of the state increases.

Illustrative activities

● Provide technical support and training to increase capacity of PDOs, UMECAs, and those specific providers of victims’ services offering the greatest possibilities of success.

● Provide technical assistance to training institutions dedicated to build their sustained capacity to provide training to justice sector operators.

● Support creation of clear guidelines, policies and processes with respect to representation, protections and reparations for victims.

● Promote support for and adoption of data-based decision making, particularly to support adequate resource allocation.

2. Empower civil society to promote the effective observance of due process protections and to improve related services.

Problem Statement

Public officials and the public may view due process protections as an undue burden, which can result in erosion of due process protections for the accused and victims of crime. Furthermore, service provision is limited without the involvement of civil society.

Without the effective involvement of civil society, backsliding may occur, especially given Mexico’s public security crisis.

Theory of Change: IF civil society becomes a more active advocate, service provider, communicator and driver for improvements in due process protections and victims’ services, THEN the protection of human rights in the criminal justice system will be enhanced and the legitimacy of the justice system will increase.

Illustrative activities

● Provide support for advocacy and service-provision activities related to respect for due process and victims’ rights.

● Provide assistance to CSOs to help them work with other local actors, particularly state legislatures, to develop coherent state and municipal policies on victims’ assistance and the improvement of current services.

● Support the promotion by civil society of effective guidelines, policies and better coordination with state justice institutions to improve services to the accused and victims of crime.

● Assist CSOs in the adoption of strategic communications that increase understanding and acceptance of due process among specific groups and for concrete policy change objectives.

C.7 EXPECTED OUTCOMES

The indicators listed under each objective should not be considered exhaustive. The offeror is encouraged to suggest additional indicators to measure the impact of interventions. (Initial targets are an estimate of the amount of change USAID believes is possible. The implementing partners will develop final targets in consultation with USAID). The states for which baseline values are provided correspond with changes under previous USAID Rule of Law programming.

Proposed approaches will yield the expected outcomes within the base period.

The Options will have the same Level of Effort as the base period. Option year outcomes may be adjusted in coordination with USAID.

(Initial targets are an estimate of the amount of change USAID believes is possible.

The implementing partners will develop final targets in consultation with USAID)

Baseline

Initial Targets

FY 2020 FY 2021 Option 1 Option

Option 3

Number of new judicialized GBV cases (Alternatively, number of cases mediated, resolved through ADRM or resulting in actions against aggressor in the WJCs’ civil or family courts)

Number in FY1

Baseline +20%

Baseline +40%

Baseline +60%

Baseline + 80%

Baseline +100%

Number of substantive legislative or regulatory changes promoted by the contractor adopted by states that have a positive effect on the independence or capacity of public defenders and UMECAS, and their ability to provide effective defense.

0 2 per state

2 per state

2 per state

2 per state

10 per state

Number of new, results-based initiatives that promote inter and intra-institutional collaboration among state justice institutions that result in the improvement of assistance to victims of crime or improve prosecutorial protections for the accused.

0 2 per state

2 per state

2 per state

2 per state

10 per state

Number of legislative or regulatory changes or best practices and knowledge transfers promoted by civil society that are adopted by states that have a substantive effect on the development of a victims’ assistance policy.

0 2 per state

2 per state

2 per state

2 per state

10 per state

Illustrative output and context indicators

This is not a comprehensive list and none of these indicators are compulsory. The applicant will provide indicators that respond to the approaches and methodology proposed in the application.

● Increase in the rate of total recommendations made (recommendations/total cases in the UMECA) by the UMECA and/or reviewed by the control judge.

● Increase in compliance with precautionary measures.

● Increase in the number of different services delivered to victims through

CEEAVs, WJCs, or subsidiary CSOs.

● Average rating of victims’ satisfaction with protection measures.

● Number of protocols, administrative procedures and policy adopted at the institutional level in the PDOs, UMECAs, CEEAVs and WJCs.

Context indicators for these activities can include the following:

● Model of Evaluation and Monitoring for the Consolidation of the CJS (Secretariado Ejecutivo del Sistema Nacional de Seguridad Pública SESNSP).

● Citizen Confidence in the Justice System, Latin American Public Opinion Project

(LAPOP).

● Trust in ministerio público or procuradurías estatales and judges [INEGI’s Victimization and Public Security Perception Survey (ENVIPE)].

● Trust in Institutions Survey by Consulta Mitofsky.

END OF SECTION C

http://www.mes-sjp.com.mx/ https://www.vanderbilt.edu/lapop/mexico/AB2016-17_Mexico_Country_Report_V3_03.06.18_W_042018.pdf http://www.beta.inegi.org.mx/programas/envipe/2018/ http://www.consulta.mx/index.php/estudios-e-investigaciones/mexico-opina/item/1084-confianza-instituciones-mx-2018

SECTION D PACKAGING AND MARKING

D.1 MARKING AIDAR 752.7009 (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 (CO); the original should be retained by the Contractor.

D.2 BRANDING

The Contractor shall comply with the requirements of the USAID “Graphic Standards Manual” available at www.usaid.gov/branding.

D.3 MARKING AND BRANDING TEMPLATE

Please see the marking and branding template in Section J, Attachment 2.

END OF SECTION D

http://www.usaid.gov/branding http://www.usaid.gov/branding

SECTION E INSPECTION AND ACCEPTANCE

E.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252.-2 CLAUSES INCORPORATED BY REFERENCE in Section I of this contract.

See http://acquisition.gov/far/index.html for electronic access to the full text of a FAR clause.

Number Title Date

FAR (48 CFR Chapter 1) 52.246-4 Inspection of Services - Fixed-Price AUG 1996

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at USAID/Mexico, where the deliverables or outputs are produced or submitted. The COR has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

The COR designated for this contract inspects and accepts all services, reports and deliverables or outputs required by the contract.

END OF SECTION E

SECTION F DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The estimated period of performance is a maximum period of performance of 5 years.

The Contractor is expected to mobilize 30 days after award.

F.2 REPORTS AND DELIVERABLES OR OUTPUTS

In addition to the requirements set forth for submission of reports in Sections C, the Contractor must submit the following deliverables or outputs to the COR:

General Information

(A) The Contractor must submit required reports to the COR identified in Section G of the Schedule.

(B) The Contractor must promptly notify the COR of any problems, delays, or adverse conditions which materially impair the Contractor’s ability to meet the requirements of the Contract.

F.3 PERFORMANCE STANDARDS

Evaluation of the contractor's performance will be conducted for each Contract in accordance with the performance standards set forth in the Contract and will be conducted jointly by the COR and the CO, and will form the basis of the contractor's permanent performance record with regard to this Contract as required in FAR Part

42.15 and AIDAR 742.15. Contractor Performance reports will be conducted for Contracts only.

F.4 PLACE OF PERFORMANCE

The place of performance under this Contract is Mexico.

F.5 AUTHORIZED WORK DAY / WEEK

No overtime or premium pay is authorized under the resulting contract. The contractor is authorized up to a 5-day workweek for long-term staff and up to a 6-day workweek for short term technical assistance.

F.6 NARRATIVE & FINANCIAL REPORTS

F.6 a QUARTERLY PROGRESS REPORTS

The Contractor shall prepare and submit Quarterly Progress Reports that include information of the contract and a summary of progress of the project activities in relation to the requirements of the contract, indicating any problems encountered, and proposing remedial actions as appropriate. The report must articulate progress toward goals and highlight key achievements and problem areas that require senior management intervention.

The quarterly reports shall reflect key elements of the Annual Work Plan, and address at least the following points:

● Activities completed under each planned intervention

● Activities to be undertaken in the following quarter

● Outputs accomplished and results realized in the quarter

● Achievements of the quarter (and cumulative to date)

● Progress in achieving contract deliverables

● Aggregate outputs accomplished and results realized since project inception

● Disaggregated data provided by sex and by development corridor

● Data on indicators set under the PMP

● Discuss and propose solutions to issues or problems that are affecting the delivery or timing of interventions, or the achievement of results of this project

● Achievement and impact of the quarter.

Electronic copies of all reports, success stories, and other relevant Documents prepared during the quarter (to be submitted as Attachments).Each quarterly report must be a stand-alone document and must summarize all activity since the beginning of the project. Quarterly reports shall be submitted to the USAID COR on the same day as the quarterly financial report. Quarterly reports must not exceed 30 pages.

F.6 b QUARTERLY FINANCIAL REPORTS

The Contractor shall prepare and submit to the COR the estimated accrual report every quarter from the anniversary date and as directed by the COR to include:

● Total estimated cost of the award

● Total amount obligated

● Total amount invoiced

● Total amount expended but not yet invoiced

● Remaining unexpended funds

The Contractor shall prepare and submit to USAID other financial reports as may be required under the contract.

F.6 c ANNUAL REPORTS

The Annual Report shall reflect the structure of the annual work plan. Annual is defined according to the U.S. Government’s fiscal year: October 1st to September 30th.The Annual Report must not exceed 40 pages. The report must:

● Describe overall performance against targets during the fiscal year. If targets were exceeded or not achieved explain why. Discuss problems and challenges and how they might affect future planning.

● In the context of the overall goals of the project, provide illustrative activities to demonstrate whether goals are being achieved.

● Where applicable. identify prospects for achieving longer-term impact.

● Discuss critical gender and women empowerment activities and/or dynamics over the year. What gender factors were critical to the achievement of results in the year? How were these gender factors addressed? What accomplishments were achieved during the year?

● Discuss status of environmental compliance (if relevant) and actions to be taken in the subsequent year to assure compliance.

● Discuss partnerships established and collaborative efforts with stakeholders including civil society, the private sector, GOM (federal and sub-national) and other development partners.

● Discuss relevant analytical work, evaluations and assessments over the year and how recommendations are being used to improve project performance.

● Discuss status of supporting documents for information reported in the year.

Supporting documents must be easily accessible, verifiable and time-specific.

Supporting documents must correspond with data collection methods in the project’s PMP and are subject to audit.

● The Annual Report shall be submitted to the USAID no later than October 31st of each year.

F.6 d ANNUAL MEL REPORT

The MEL report shall reflect the structure of the annual work plan and the approved MEL Plan for the corresponding year. Annual is defined according to the U.S.

Government’s fiscal year: October 1st to September 30th. The Annual MEL report must not exceed 15 pages. The report must:

● Describe overall performance on the indicators and against baselines for the corresponding fiscal year, as included in the approved M&E plan.

● Provide description and context for progress made or targets missed.

F.6 e FINAL CONTRACT COMPLETION REPORT

At least 45 calendar days prior to contract completion, the Contractor shall prepare and submit one electronic version (as a single MS Word file) of the Contract Completion

Report to the COR which summarizes the accomplishments of this contract, methods of work used, recommendations regarding unfinished work and/or project continuation, and the financial status of the contract. The final Completion Report shall also contain an index of all reports and information products produced under this contract. Once approved by the COR, the Contractor shall submit this Final Report to: the COR, the Controller’s Office and the Contracting Officer (TCO); and one copy, in electronic (preferred) or paper form (with all final documents) to one of the following:

Online: http://dec.usaid.gov By mail (for pouch delivery):

DEXS Document Submissions M/CIO/KM/DEC

RRB M.01-010

Washington, DC 20523-6100

F.6 f CLOSEOUT PLAN

The Contractor shall develop and submit to the COR and CO for approval a closeout plan (administration, information, finance, procurement and management) that will include, but will not be limited to, the following:

● Dates for final delivery of all goods and services for subcontracts;

● A property disposition plan for the Contractor and subcontractor(s) in accordance with contract requirements, which must be approved by the contracting officer;

● Review of contract files for audit purposes and final billing to USAID;

● A schedule to address office leases, bank accounts, utilities, cell phones, personnel notification, outstanding travel and social payments, household shipments, vehicle; phone subscriptions, etc.;

● Receipt of all final invoices and contract performance reports;

● Report on the estimated amount of funds not required for the completion of the contract;

● Report on compliance with all local labor laws, tax clearances, and other appropriate compliance matters.

The format and outline of the contents of this closeout plan shall be proposed by the Contractor no later than 90 calendar days prior to the contract completion date, and approved by the COR no later than 60 calendar days prior to the contract completion date.

F.6 g REPORTING ON PARTICIPANT TRAINING

For all training activities financed under this instrument and conducted in-country, in the United States, or in a third country, the grantee/contractor must comply with Automated Directives System (ADS) Chapter 253 - Participant Training and Exchanges for Capacity Development https://www.usaid.gov/sites/default/files/documents/1865/253.pdf and other USAID/Mexico specific policies and procedures, efficient planning, design, and implementation of such training programs. The Contractor shall also be responsible for http://dec.usaid.gov/ http://dec.usaid.gov/ https://www.usaid.gov/sites/default/files/documents/1865/253.pdf entering training information into the TraiNet database on a quarterly basis. Each quarterly report will include a confirmation that this requirement has been met.

For all project-funded trips to the United States, the recipient shall follow the guidelines included in ADS 252 - Visa Compliance for Exchange Visitors https://www.usaid.gov/sites/default/files/documents/1865/252.pdf.

F.6 h OTHER REPORTS

(1) Annual Non Expendable Property Report: In accordance with FAR 52.245-5, AIDAR 752-245-70, and also based on ADS 629.3.3 and CIB 92-25, the resulting contractor must submit, an Annual Non Expendable Property Report, including any Government-Furnished property or property acquired by the resulting contractor under the contract. This report must be submitted to the COR as an attachment to the last quarter Performance Monitoring Report of the fiscal year. A copy of this report must also be sent to the USAID/Mexico Financial Management Office.

The final contract may specify other deliverables linked to the expected results. These deliverables may include:

Plans, protocols, manuals, and assessments: as needed to comply with the expected results and in coordination with USAID technical staff.

USAID may ask for special and or extraordinary reporting as needed. The substance of this reporting may include specific contract activities, coordination with other USAID Mexico programs, USG agencies, or coordination with other donors. USAID may also request the attendance of the Project’s staff to coordination or monitoring meetings.

Bi-weekly Highlights and Success Stories: The Contractor must submit input for USAID Mexico’s Bi-Weekly Activity Report to the COR. USAID/Mexico can provide the format for these submissions. The Contractor must provide at least one “success story” each quarter for publication by USAID.

F.6 i TALKING POINTS, SPEECHES, AND SCENE-SETTERS

The Contractor will provide USAID with the appropriate talking points, speeches, and scene-setters, in the event that USAID or other U.S.