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N0018919QZ062
Section B - Supplies or Services and Prices
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Mexican Armed Forces Training
FFP
Training support for the Human Rights and Humanitarian Law Diploma Program to be provided to the Government of Mexico International Military Students (IMS) in accordance with the statement of work.
P.O.P.: 9 January 2019 - 19 December 2019.
Price is inclusive of any/all costs.
FOB: Destination
MILSTRIP: N6887016RC82043
PURCHASE REQUEST NUMBER: N6887016RC82043
PSC CD: U099
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
Statement of Work Mexican Armed Forces Training American University, Washington College of Law, Academy on Human Rights and Humanitarian Law – Advanced Studies Human Rights & Humanitarian Law
Scope:
1. This statement of Work (SOW) establishes the tasks for the training support for the Human Rights and Humanitarian Law Diploma Program to be provided to the Government of Mexico International Military Students (IMS). The period of performance is to be 48 weeks starting from 9 January 2019 and ending 19 December 2019.
2. Requirements:
American University, Washington College of Law, Academy on Human Rights and Humanitarian Law shall provide the following in support of training for two (2) military students from Mexico.
2.1 Training Course Program
Overview: A spring/summer/fall diploma training curriculum in advanced Human Rights and Humanitarian law studies taught in Spanish/English.
Description: The Diploma program is for Mexican International Students with a current law degree. The 2019 Resident Program begins 27 May 2019 and ends 14 June 2019. Courses of instruction will be in accordance with the descriptions included in paragraph 3. Mandatory exams are to be completed on-line in Mexico after completion of the training courses.
2.2 Student Billeting During Training Program
Overview: American University will provide on-site billeting for students during the summer academic session. Billeting required from day of arrival 26 May 2019 until day of departure 15 June 2019. (Total of 20 nights billeting per student).
3.0 Human Rights and Humanitarian Law courses of instruction (In Spanish):
3.1 INTERNATIONAL HUMANITARIAN LAW
Description: This course will explore the development and application of international humanitarian law (IHL), also known as the jus in bello or the law of armed conflict. It will examine the origins of this body of international law, and trace its codification from the mid-19th century to the present day. The class will consider the challenges posed to the application of IHL by contemporary armed conflicts and the changing nature of warfare. Topics to be discussed include: the principles underpinning IHL, the qualification of armed conflict, targeting, the notion of direct participation in hostilities, the regulation of private military and security companies, humanitarian action during armed conflict, the law of occupation, and the protection of persons hors de combat. Questions to consider throughout the course include: What is international humanitarian law / the law of armed conflict? What are its purposes? How is it created, interpreted, applied, and enforced, and how does it evolve? To what extent does it differ from other bodies of international law in this regard?
3.2 ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Description: The course will begin with a discussion on the place of economic, social and cultural (ESC) rights within contemporary international human rights law. It will outline the legal and historical sources of ESC rights, followed by a discussion of the duty of states to implement these rights and an analysis of the nature of state obligations for ESC rights and a description of the international monitoring system for ESC rights. The course will also briefly review of the current debate on international obligations in the context of the controversial right to development. Among the substantive ESC rights, the course will address
| • | property as an ESC right; |
| • | the right to work and the rights at work; |
| • | the right to social security and to an adequate standard of living with a special focus on the right to food; |
| • | the right to the highest attainable standard of health; |
| • | the right to education and rights in education; |
| • | cultural rights, including the right of everyone to benefit from advances in science and technology, authors’ rights and its distinction from the more general intellectual property rights, and the cultural rights; of minorities and indigenous peoples. |
3.3 IMPLEMENTATION OF HUMAN RIGHTS IN DOMESTIC LAW
Description: This specialized course is aimed primarily at public officials in the executive, legislative and judicial branches of States. Participants will explore in depth the relevant aspects of the interaction between the international and domestic arenas in the field of human rights, providing them with concepts for the design of public policies on human rights or to interpret and apply standards in the framework of the human rights tools.
3.4 IMPUNITY AND INTERNATIONAL JUSTICE
Description: In 1998, the Statute that created the International Criminal Court (“ICC”) was adopted at a conference of plenipotentiaries in the City of Rome. The ICC will have complementary jurisdiction to that of national criminal courts and will investigate and sanction the perpetrators of the worst crimes of humanity, namely genocide, crimes against humanity and war crimes. It is the first permanent international criminal court that will serve to combat impunity and to prevent future serious violations of human rights and international humanitarian law, as it will act when states are unwilling or unable to fulfill its primary obligation to investigate, prosecute and sanction those suspected of committing such crimes. It will also be a mechanism to help victims of crimes and their families seek compensation for damage.
Overall objective: This course module aims to introduce students to the International Criminal Court using the study and discussion of its Statute, Elements of Crimes, Rules of Procedure and Evidence and documents prepared by experts and NGOs. This course will address diverse topics and it will focus on the more controversial, especially on those that address their competency and jurisdiction. Upon completion of this course the student will be able to clearly identify the scope of the jurisdiction of the ICC on grounds of person, time, place and matter; its composition and the way in which its organs work. Also, the course will discuss the various legal problems encountered in some countries that hindered ratification and the ways how they were resolved by certain countries. Finally, the challenges of implementing the Rome Statute in the field of domestic law of States Parties, as well as remaining goals will be analyzed so that the Court can function complementarily in an effective, impartial and independent manner.
3.5 LIBERTAD DE EXPRESIÓN (FREEDOM OF EXPRESSION)
Description: This course exposes the constituent elements of the Human Right to Freedom of Expression and its correlative rights of free association and access to information. The course aims to explore the particular importance of freedom of expression within democratic systems of government and its various protection mechanisms both in domestic jurisdictions , and international jurisdiction. In parallel to the analysis of important readings on the subject, several international cases in which we analyzed the scope of this right and the content of the obligations under international human rights law requires States to ensure respect be studied and implementation of this right. In this sense , the course explores the limits on protecting freedom of expression , the reasons why an expression deserves protection and balance freedom of expression with other fundamental rights or public interests. Will be special reference to inter-American human rights protection in particular , and within this , the mission of the Special Rapporteur for Freedom of Expression. Also, the system of the United Nations and the Special Rapporteur within the same scan.
3.6 LITIGIO Y ACTIVISMO EN DERECHOS HUMANOS (LITIGATION AND ACTIVISM IN HUMAN RIGHTS) Description: The course provides different perspectives on international and national human rights activism, the role of non-governmental organizations and the importance of international monitoring mechanisms. The role of non-state actors in the development of international law on human rights and the importance of legal mechanisms in the work of human rights activist will be explored. International litigation techniques, strategies and tactics, and the role of the parties to a dispute and awarding bodies will also be addressed. The importance of the interaction between the domestic and the international level both in terms of activism as in the area of human rights litigation will also be explored.
3.7 MUJERES Y EL DERECHO INTERNACIONAL DE LOS DERECHOS HUMANOS (WOMEN AND INTERNATIONAL LAW OF HUMAN RIGHTS) Description: This course explores the international framework of human rights, and how it applies or should be applied to ensure human rights for women. Major international and regional conventions will be examined, with emphasis on the Inter-American system. The course will analyze existing case law and the recommendations of the monitoring UN committees that have contributed to the articulation of protections for women's rights. The role of various governmental and nongovernmental organizations in the process of creation and implementation of this policy framework will be examined.
3.8 UNITED NATIONS HUMAN RIGHTS SYSTEM Description:
Description: In the last half a century, the international community has agreed on extensive human rights standards set forth in more than 1000 instruments, including treaties and declarations, covering civil and political as well as economic, social and cultural rights. Some of the treaties enjoy wide ratifications. While states carry the primary responsibility under international law for implementation, several international and regional organizations have in place an increasing number of monitoring institutions for scrutinizing national performances. It is suggested that the human rights movement has, historically speaking in a short period, been very successful in terms of popular support and in the realization of the international standards, although there is still a long way to go. The mainstreaming of human rights has allowed human rights considerations to increasingly count in international debates relating to international peace and security, trade, multinational companies, children, development, the environment, and so on. Many states take human rights into account in their foreign policies. Non-governmental organizations, like Amnesty International and Human Rights Watch, play a crucial role in keeping the debate honest and open. The press nowadays reports on human rights issues on a regular basis. Furthermore, it is suggested that international law regulation, mainly based on treaties to which states have agreed, is a good way of overcoming political, religious and cultural differences and perceptions the world over. Important aspects of an international law approach are the universality and objectivity of application, with all countries expected to abide by the same rules, no matter whether they fit into political alliances or not. It is the underlying assumption of the UN Charter that respect for these rules will make the world a better and more peaceful place. We should analyze, discuss and test each topic in the course schedule below, as a matter of both law and politics, during the days we have together.
3.9 INTER-AMERICAN SYSTEM OF HUMAN RIGHTS
Description: This course will cover the development of human rights in the Inter-American system and the way in which the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights protect those rights within their respective mandates. The analysis of the Commission's work will focus on the system of individual petitions, on-site visits, special reports on countries that are part of the system and thematic reports of the various rapporteurs. Among the topics to be discussed when analyzing the Commission are the presentation and processing of individual petitions and how protects the rights recognized in various instruments of the system. Regarding the Court, its contentious and advisory jurisdiction will be discussed, highlighting the progress made in its most recent case law. In practical terms, this section will examine the question of the effectiveness of the system, including how they work the same can be translated into strategies that will integrate at national level, where ultimately the protection afforded by it to take effect.
3.10 DERECHO INTERNACIONAL DE LOS DERECHOS HUMANOS (HUMAN RIGHTS LAW)
Description: The purpose of this class is to provide an overview of current international human rights law and the mechanisms for its implementation and enforcement in six segments. The first segment of the course will focus on the general principles of international human rights law. In segments two and three, we will study the functioning of the universal human rights system (United Nations) and the three existing regional human rights systems (Inter-American, European and African). Next, we will concentrate on the normative foundation of international human rights law through the study of a selected group of rights, including the rights to life, not to be tortured or subjected to other cruel, inhuman or degrading treatment, and economic, social and cultural rights. We will also explore issues of limitations and derogations of rights as well as the rights affected in the context of the counterterrorist policies implemented by the US and other countries. In the segment regarding international criminal law we will discuss the jurisdiction of international criminal tribunals, the role of national institutions in dealing with past human rights violations, and the principle of universal jurisdiction. Finally, segment six will examine other current topics in international human rights law such as the role of non-state actors.
3.11 ESTUDIOS AVANZADOS EN DERECHOS HUMANOS (ADVANCED HUMAN RIGHTS)
Description: The goal of the seminar is to study the scope of a selected group of relevant human rights recognized in international conventions and to analyze how the protections afforded by those treaties operate in actual practice. To accomplish that goal, we will analyze the case law developed by international supervisory bodies, such as the Human Rights Committee, under the International Covenant on Civil and Political Rights, the Inter-American Commission and Court of Human Rights, under the American Convention on Human Rights, and the European Court of Human Rights, under the European Convention on Human Rights. Also, we will study selected decisions of domestic courts that apply international human rights law or raise human rights issues relevant for the topics covered in class. During the first two classes we will explore the relevance of international law and review basic concepts that constitute the foundations for studying international human rights law, such as sources of law and the concept of state responsibility. Next, we will proceed to study the scope of the restrictions applicable to human rights obligations as well as the doctrines of deference applied by certain international bodies when supervising state compliance with those obligations. As part of this section, we will study the notion of state of emergency and derogation of human rights obligations. Third, we will analyze the scope of core rights protected by civil and political rights conventions, namely the right to liberty and security of person, the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment, the right to a remedy and the right to a fair trial. As part of the existing challenges to the protection of human rights, we will explore the concept of universal jurisdiction. We will also analyze several cases decided and initiatives adopted in the context of the “war against terrorism” in light of international human rights law and humanitarian law.
3.12 ADVANCED INTERNATIONAL HUMANITARIAN LAW
Description: This course will be focused on the contemporary international conflicts, future threats, and their impact on the application of International Humanitarian Law. Also, we will study the role of non-State Armed Groups, peace enforcers, peacekeepers, civilians, and other parties in the armed conflict. The course will also cover the interrelation between IHL and Human rights, the use of Force, and the direct participation of civilians when they take part in hostilities. The second half of the course will analyze the obligations of States to prosecute individuals for war crimes and how States have implemented these obligations. For instance, class discussions will address contemporary armed conflicts and case studies to identify States obligations and violations under IHL. The course will explore the notion of indiscriminate attacks and non-international armed conflicts. Finally, the course will study the prohibition and restriction of weapons in IHL, the use of explosive weapons general, and medical missions” in armed conflict.
3.13 HUMAN RIGHTS & DEVELOPMENT
Description: Human rights and development have evolved largely in separate tracks, and even, to a large degree, separate worlds. However, times have changed. There are now clear spheres of convergence between these fields in theory, applied research and practice. In September 2015, UN member States concluded a new global agreement on development cooperation including a set of “Sustainable Development Goals” (SDGs) to replace the Millennium Development Goals (MDGs). In the same year, two other global agreements were concluded: the Paris Agreement on Climate Change, and the Addis Ababa Agenda for Action arising from the third International Conference on Financing for Development. Human rights considerations and commitments have featured far more prominently in these agreements than their predecessors. However, the hard work in translating these commitments into action has only just begun and their ultimate impact cannot yet be foreseen. The institutional landscape for human rights and development is similar, a varied and complex one. Many bilateral and multilateral aid organizations, non-governmental organizations and development workers now profess to implement “rights-based approaches” to development, while others have resisted. There are still debates about the implementation and impact of such approaches. At the same time, governments, development agencies and others are facing increasing demands for accountability for human rights violations carried out in development’s name. With the myriad influential actors involved in development, and with the increasing involvement of the private sector, the locus of accountability seems increasingly diffuse. The infiltration of human rights into development thinking and practice has been embraced in many, but by no means all, quarters. No less a figure than Amartya Sen has remarked: “The suspicion is that there is something a little simple-minded about the entire conceptual structure that underlies the oratory on human rights.” Other commentators have derided rights-based approaches to development as mere “rhetorical repackaging.” The Human Rights and Development course will critically examine key features of this dynamic landscape, through a mix of lectures, case studies, group work discussions and practical exercises. The course will explore the contemporary conceptions and meanings of human rights and development, laying the ground for a more detailed examination of the points of convergence - as well as tensions - between these fields in both theory and practice. Consideration will be given to how international human rights standards and principles have emerged and how they have influenced public policy debates concerning international aid, development financing, infrastructure investment, engagement with fragile states, the MDGs and the SDGs and climate change. There will be a strong institutional focus within the program, with a close look at the roles and functions of international and regional development banks and other financing institutions, the Group of 20 industrialized countries (G20) and business entities, set against political debates on human rights and development in the United Nations’ inter-governmental and human rights bodies..
3.14 INTERNATIONAL JUSTICE FOR HUMAN RIGHTS VIOLATIONS
Description: One of the major advances of the human rights movement in recent decades has been the development of individual criminal accountability for mass atrocities. Fifty years after the establishment of the International Military Tribunal at Nuremberg and its partner in the Far East, the international community in 1998 created an International Criminal Court on the heels of ad-hoc war crimes tribunals for Rwanda and the former Yugoslavia. The same year, 1998, former Chilean dictator Augusto Pinochet, was arrested in England under the principle of “universal jurisdiction.” Since then, post-conflict tribunals have been created in Cambodia, Kosovo, East Timor, and Sierra Leone among others, while universal jurisdiction prosecutions have multiplied. This course will examine that historical evolution, and the tensions between the pursuit of justice and realpolitik in the achievement of political settlements. The class will begin with an overview of the key substantive elements of international criminal law, followed by a survey of the institutional architecture employed to achieve accountability in different contexts, and the particular evidentiary and procedural challenges posed by such cases.
3.15 THE RIGHTS OF DISADVANTAGED AND VULNERABLE GROUPS (LAW-989-001)
Description: The first half of this course will focus on the development of LGBTI rights in international law. The first session will analyze what makes a group “vulnerable” or in a disadvantage position. The class will discuss the problems that arise from the use of the word “vulnerable” to refer to disadvantaged groups and how narratives change depending on whether the groups become powerful enough to come up with their own classifications or they are still so disempowered that the elites get to decide on their denominations. The next sessions will analyze the role of gender and sexuality in legal systems and the role of international law in empowering individuals who do not conform to heterosexuality and/or to the male/female binary. Reading materials will be posted in advance for each session.
The second half will examine the rights of another vulnerable group: children and adults with disabilities. The class will focus especially on the concerns of 10 million children detained in orphanages worldwide as well as an even larger number of adults with disabilities in psychiatric facilities, social care homes and other closed facilities. The course will examine the UN Convention on the Rights of People with Disabilities (CRPD) and the way disability rights and human rights activists have used this new international human rights convention to address abuses against institutionalized children and adults. Topics to be included will be: (1) drafting of the CRPD and the new anti-discrimination framework; (2) segregation of people with disabilities worldwide and the right to full participation in society (3) protections against torture in healthcare settings (4) the right to legal capacity for people with mental disabilities (5) obligations of international donors and the need establish inclusive international development programs, and (6) trafficking, gender-based violence, and the reproductive rights of women with disabilities. In addition to examining new legal protections under the CRPD, the class will examine the use of international oversight bodies, media, public education, policy-advocacy and community organizing to promote rights enforcement.
3.16 SISTEMA DE DERECHOS HUMANOS DE LAS NACIONES UNIDAS (UNITED NATIONS HUMAN RIGHTS SYSTEM) Description: The conventional mechanisms have a universally important mandate in monitoring situations and cases of human rights violations. The creation of these mechanisms is not derived from a treaty or international agreement but decisions (resolutions) issued by organs of the United Nations System such as the General Assembly, the Security Council, the Economic and Social Council (ECOSOC) or the Human Rights Commission or specialized agencies, such as the International Labor Organization (ILO) and the United Nations Fund for Children (UNICEF), among others. The range of mechanisms is broad both in design and specific mandates as its source. The creation in 1993 of the Office of the United Nations High Commissioner for Human Rights was an important step by the General Assembly that opened a field of possibilities for the protection of human rights which still awaits concretions and further developments. The course seeks to analyze this rich and intense dynamics from both analytical and practical approach.
3.17 WOMEN & INTERNATIONAL HUMAN RIGHTS LAW
Description: This course addresses the challenges of achieving the international legal protection of the human rights of women. It reviews how international and regional human rights conventions, especially the American Convention on Human Rights, have been applied to prevent, punish and remedy the violations of women's rights in different tribunals. It examines how the norm of the prohibition of all forms of discrimination against women has been applied, and how it might be more effectively applied in particular sectors. It explores how feminist theories, empirical data and narratives might be used to expose women's experiences of injustice. The course aims to go beyond a formalistic understanding of international legal obligations in order to examine different approaches to fostering compliance with the human rights of women in different cultures and religious traditions.
3.18 DERECHO INTERNACIONAL HUMANITARIO (INTERNATIONAL HUMANITARIAN LAW) (SPANISH) Description: The course on International Humanitarian Law seeks to offer a general approach to international humanitarian law, based on its most basic notions, including its conceptual aspects with some of its most recent jurisprudential normative developments. Among others, the application of humanitarian law in non-international and international armed conflicts, the convergences, and differences between the international law of human rights and international humanitarian law, war crimes and their sanction by international criminal law, terrorism and the gender dimension in armed conflicts, the right to war, the challenges of humanitarian law in the face of new wars will be discussed.
3.19 ECONOMIC SOCIAL AND CULTURAL RIGHTS (SPANISH)
Description: The course will cover the content and contemporary developments in economic, social and cultural rights. During the course, the scope of state obligations, protection mechanisms, justiciability of these rights, with specific examples concerning rights such as the rights to health, education, housing, employment and food will be discussed.
3.20 HUMAN RIGHTS AND INTERNATIONAL TRIBUNALS (SPANISH)
Description: The first part of the course explores the history of international justice, the contemporary development of international tribunals and the impact and relevance of these for the protection and promotion of human rights. We will study the role played by individuals in international courts, both as beneficiaries of rights, as well as actors. The course also studies the interaction between human rights courts and other international tribunals and explores the problem areas that arise as a result of such interaction. In this framework, issues related to access to justice, due process, evidentiary matters, and reparations, among others are studied. Finally, the course examines the panorama of international tribunals in relation to pending issues and perspectives for the future.
The second part of the course explores the history of the creation of the European Human Rights system and its evolution (comparative analysis) including the operation and access to the European Court of Human Rights and the Interpretation of Rights and the Implementation of judgments by the Court.
3.21 HUMAN RIGHTS AND ITS RELATION TO ENVIRONMENTAL LAW AND DEVELOPMENT (SPANISH) Description:
Parte I - Human Rights and Environment in Latin America Part I of this course explores the link, interdependence and international recognition of human rights and the environment through the analysis of international norms, law, doctrine and paradigmatic cases. Emphasizing Latin America and using the case simulation methodology, the team also addresses the main current challenges involving the protection of the environment, its relationship with human rights and the most useful political and legal tools to achieve greater effectiveness.
Parte II - Human Rights and Development In part II, the course aims to familiarize the student with human rights issues that arise in the process of economic development, the principles, rules, guidelines, jurisprudence and relevant practices for its approach, and perspectives on the most current debates on the subject. Other issues related to the relationship of the right to development and other human rights with: internationally agreed on development goals, fiscal policy, and inequality, sovereign debt, investment treaties and trade, the role of the private sector in development (including transnational corporations), and international financial institutions such as the World Bank and the International Monetary Fund.
3.22 REGIONAL SYSTEMS: EUROPEAN AND AFRICAN HUMAN RIGHTS LAW
Description: The course begins with international standards in the field of human rights, including the role of human rights in international law covering such topics as: subjects and sources, state responsibility, reservations, and derogations. This course will review the individual petition system and the mechanisms for supervision of the commitments of the state parties under the European Convention, including: the functioning of the European Court of Human Rights, and the role of the Committee of Ministers of the Council of Europe to supervise the enforcement of the judgments of the Court. This course will focus on the role of legal practitioners in the implementation and application of this regional treaty. An in-depth study will be made of human rights litigation in domestic courts and international tribunals. With the help of the European Digest relating to the Strasbourg Case, the course will analyze the interpretation and application of the provisions laid down in the European Convention. In addition, the course will analyze the extent to which norms of international human rights have penetrated areas of criminal law and criminal proceedings, civil and administrative proceedings, family law, and immigration law. The second part of the course will explore the African regional system for the protection of human rights, developed under the auspices of the African Union (AU) and its predecessor, the Organization of African Unity. It will cover the question of whether there is a unique African concept of human rights; the structures in place for the protection of human rights in Africa, under the AU and its development program, the New Partnership for Africa’s Development (NEPAD); the norms recognized in the various instruments; and the jurisprudence of the African Commission on Human and Peoples’ Rights.
3.23 DERECHO DE LOS REFUGIADOS (ASYLUM AND REFUGEE LAW)
Description: Explores law, moral obligations, and national sovereignty, and the ways in which the interplay of these forces results in the making of U.S. asylum law and policy. Topics include review of the debate over the causes of refugees, the evolution of international legal refugee protection, and the extent to which Congress sought to make U.S. asylum law comport with U.S. international obligations. The course provides an understanding of the policy considerations underlying asylum law, review and critique of prevailing asylum law, and litigation issues in asylum removal proceedings and on appeal.
3.24 PROTECCION DE LOS GRUPOS VULNERABLES (INTERNATIONAL PROTECTION OF VULNERABLE GROUPS) Description: An introduction to the concept of vulnerable groups: who they are, why they are considered “vulnerable,” and what their rights under International Human Rights Law are. We will appraise state and non-state actors’ responsibility vis-à-vis vulnerable groups. We will analyze in detail the tripartite typology of state obligations in the field of human rights and a framework detailing obligations of non-state actors. The first vulnerable group that we will examine will be children. To this aim, we will explore the 1989 UN Convention on the Rights of the Child and the mandate of the Committee on the Rights of the Child. The examination of the practice of some regional human rights bodies that have enforced children’s rights will complete the overview of the protection of children under International Human Rights Law. Subsequently, the course will focus on the protection of people living with HIV/AIDS by analyzing Article 12 of the 1966 UN Covenant on Economic, Social and Cultural Rights and the practice of the Inter-American Commission of Human Rights and the European Court of Human Rights. We will also tackle challenges of the protection of internally displaced persons (IDPs), both under International Human Rights Law and Humanitarian Law, and the legal protection of disabled persons at the UN, African and European level. The course will conclude with an analysis of the human rights of the Roma Population and the protection afforded to the human rights of the poor and destitute by the South African Constitutional Court and the Indian Supreme Court.
3.25 IMPLEMENTACIÓN DE LOS DERECHOS HUMANOS EN EL DERECHO INTERNO (IMPLEMENTATION OF HUMAN RIGHTS IN DOMESTIC LAW) Description: This specialized course is aimed primarily at public officials in the executive, legislative and judicial branches of States. Participants will explore in depth the relevant aspects of the interaction between the international and domestic arenas in the field of human rights, providing them with concepts for the design of public policies on human rights or to interpret and apply standards in the framework of the human rights tools.
3.26 International Protection of Human Rights
Description: Explores the interrelationships between U.S. and international law; contested or ambiguous moral values; and U.S. foreign policy ends, means, and processes as they affect efforts to defend and promote human rights. The course is designed to provide information on the substantive norms of human rights, the philosophic basis for the concept of rights and the leading points of controversy about the existence or character of certain rights that appear in conventional enumerations, the subtle and not-so-subtle ways in which ideological and material interests influence the definition and enforcement of rights, and the ways in which policy makers attempt to reconcile the demand for human rights enforcement with more traditional foreign policy objectives.
Enterprise-wide Contractor Manpower Reporting Application (ECMRA):
The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the services provided via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:
| (1) W, Lease/Rental of Equipment; |
| (2) X, Lease/Rental of Facilities; |
| (3) Y, Construction of Structures and Facilities; |
| (4) S, Utilities ONLY; |
| (5) V, Freight and Shipping ONLY. |
The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 09-JAN-2019 TO |
19-DEC-2019
| N/A |
| NAVAL EDUCATION AND TRAINING |
JOHN PRUSCHEN
SECURITY ASSISTANCE FIELD ACTIVITY
250 DALLAS ST SUITE B
PENSACOLA FL 32508
850-452-8872 FOB: Destination N68870
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
| Pay Official DoDAAC | ____ | ||
| Issue By DoDAAC | ____ | ||
| Admin DoDAAC | ____ | ||
| Inspect By DoDAAC | ____ | ||
| Ship To Code | ____ | ||
| Ship From Code | ____ | ||
| Mark For Code | ____ | ||
| Service Approver (DoDAAC) | ____ | ||
| Service Acceptor (DoDAAC) | ____ | ||
| Accept at Other DoDAAC | ____ | ||
| LPO DoDAAC | ____ | ||
| DCAA Auditor DoDAAC | ____ | ||
| Other DoDAAC(s) | ____ |
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 52.204-7 |
| System for Award Management |
| OCT 2018 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2018 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| JUL 2016 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.209-2 |
| Prohibition on Contracting with Inverted Domestic Corporations--Representation |
| NOV 2015 |
| 52.212-1 |
| Instructions to Offerors--Commercial Items |
| OCT 2018 |
| 52.212-3 |
| Offeror Representations and Certifications--Commercial Items |
| OCT 2018 |
| 52.222-22 |
| Previous Contracts And Compliance Reports |
| FEB 1999 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7008 |
| Compliance With Safeguarding Covered Defense Information Controls |
| OCT 2016 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| OCT 2016 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| MAY 2016 |
| 252.225-7027 |
| Restrictions on Contingent Fees for Foreign Military Sales |
| APR 2003 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
CLAUSES INCORPORATED BY FULL TEXT
52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.--
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due.
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