RFP_-_294-13-000005.pdf

Issuance Date: May 10, 2013

Deadline for Questions: May 20, 2013

Deadline for Receipt of Proposal: June 14, 2013 no later than 12:00 (Noon Tel Aviv Time)

Subject: Request for Proposals (RFP) No. RFP 294-13-000005, USAID/ Enhanced Palestinian

Justice Program.

To all Eligible Offerors:

The United States Government, represented by the U.S. Agency for International Development

(USAID) Mission to West Bank and Gaza, is seeking proposals from qualified organizations interested in providing the services as described in the attached solicitation.

This is a full and open competition under which US and other organizations within Geographic

Code 937 are eligible to participate. The procedures set forth in FAR Part 15 will apply.

The overall goal of the program is to build a more effective and competent Palestinian justice sector that is accountable to the public and responds to citizens’ needs. The objectives of this program are to enhance efficiency of targeted justice sector institutions; improve service delivery provided by justice sector institutions; enhance education and management systems of legal education; support the development of Family Courts; promote the concept of Alternative

Dispute Resolution (ADR) services; develop inter-institutional coordination among justice institutions; and increase citizen engagement in rule of law issues. This program will focus on core public functions within justice sector institutions and require a flexible mix of technical assistance, training, equipment, and other assistance. Ethics and anti-corruption will be cross-cutting themes of the program. The program will support the Palestinian Authority’s commitment to strengthen and reform government institutions, and will focus on supporting visible improvements in the delivery of services that contribute towards increased public confidence.

USAID/West Bank and Gaza plans to award one Cost-Plus-Fixed-Fee (CPFF) term-type contract as a result of this solicitation for a period of five years, subject to the availability of funds.

Offerors must propose costs that are realistic and reasonable for the proposed work.

This solicitation in no way obligates USAID to award a contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the proposal. Furthermore, the

Government reserves the right to reject any and all offers, if such action is considered to be in the best interest of the Government.

USAID encourages the participation to the maximum extent possible of small business concerns, small disadvantaged business concerns and women-owned small business concerns in this activity as the prime contractor or as subcontractors in accordance with Part 19 of the FAR.

An Interested Vendor List is not included in this solicitation. Offerors can register and use the

Interested Vendor List (lVL) on the FedBizOpps page, so that firms can contact one another for consideration of teaming arrangements and/or small business subcontracting opportunities in response to this solicitation.

It is the responsibility of the offeror to ensure that the solicitation and all its subsequent amendments have been received from the Internet in its entirety. USAID bears no responsibility for data errors resulting from download or conversion processes.

The details associated with the submission requirements are outlined under section L of this solicitation. Late proposals will be handled in accordance with FAR 15.208.

USAID requests that all questions regarding this RFP be submitted in writing to Ms. Linda

Maher, via e-mail at lmaher@usaid.gov and Ms. Reine Joubran at rjoubran@usaid.gov no later than May 20, 2013. Answers to all questions will be provided through an amendment to this solicitation.

If substantive questions are received which affect the response to the solicitation, or if changes are made to the closing date and time, as well as other aspects of the RFP, this solicitation will be amended. Any amendments to this solicitation will be issued and posted on the Federal Business

Opportunities (FedBizOpps) website. Offerors are encouraged to check this website

(http://www.fedbizopps.gov) periodically.

We extend our best wishes to all and thank you for your interest in USAID/WBG programs.

Sincerely, /S/

Bruce Gelband

Contracting Officer

USAID/West Bank and Gaza mailto:WBG-OCM-packages@usaid.gov mailto:rjoubran@usaid.gov http://www.fedbizopps.gov/

1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "Contractor" mean "bid" and "bidder".

9. Sealed offers in original and _____________________________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in until local time _______________________ (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

AREA CODE NUMBER EXT.

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 28 x

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA L INSTR., CONDS., AND NOTICES TO OFFERORCONTRACTORS

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

K REPRESENTATIONS, CERTIFICATIONS AND OTHER 90-103

STATEMENTS OF OFFERORS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _160_ calendar days (60 calendar days unless a different period is inserted by the Offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGEMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The Offeror acknowledges receipt of amendments to the

SOLICITATION for and related documents numbered and dated:

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 15A. NAME AND

ADDRESS

OF OFFEROR

(Type or print)

15B. TELEPHONE NUMBER 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified) 10 U.S.C. 2304(a) ( ) 41 U.S.C. 253(c) ( )

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(Signature of Contracting Officer)

(REV. 9-97)

10. FOR INFORMATION CALL:

11. TABLE OF CONTENTS

STANDARD FORM 33

SOLICITATION, OFFER AND AWARD N/A

SOLICITATION

OFFER (Must be fully completed by Offeror)

AWARD (To be completed by Government)

3 128

(RFP) 294-13-000005

X

TBD

Office of Contracts Management

USAID/West Bank and Gaza

C/O U. S. Embassy

71 Hayarkon Street

Tel Aviv, Israel 63903

Please refer to section L

Linda Maher 972-3 5198670 lmaher@usaid.gov

See Attached Table of Contents

X 3

X 10-13

X 14-25

X 26-27

X

X 29-41 X 42-46

X 47-70

X 71-87

X 88-89

X

X 104-123

X 124-128

72000

Office of Contracts Management

USAID/West Bank and Gaza

C/O U. S. Embassy

71 Hayarkon Street

Tel Aviv, Israel 63903

See section G.6

Bruce Gelband

Table of Contents

LIST OF ACRONYMS

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 ESTIMATED COST, FEE, AND OBLIGATED AMOUNT

B.4 BUDGET LINE ITEMS

B.5 INDIRECT COSTS

B.6 ADVANCE UNDERSTANDINGS ON CEILING INDIRECT COST RATES AND

FINAL REIMBURSEMENT FOR INDIRECT COSTS

B.7 COST REIMBURSABLE

B.8 PAYMENT OF FIXED FEE

B. 9 CANCELLATION CEILING

SECTION C- DESCRIPTION/SPECIFICATIONS/STATEMENT OF OBJECTIVES

A) INTRODUCTION

B) BACKGROUND

D) STATEMENT OF WORK

E) WINDOWS OF OPPORTUNITY

F) OTHER DONOR PROGRAMS

H) Sustainability:

I) Youth:

J) Respect of social and cultural norms:

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING STRATEGY

D.3 BRANDING AND MARKING PLAN

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 PERFORMANCE STANDARDS

F.5 REPORTS AND DELIVERABLES OR OUTPUTS

4. Geographic Management Information System (GEO-MIS)

5. Final Report:

F.6 MOBILIZATION PLAN

F.7 DEMOBILIZATION PLAN

F.8 DELIVERABLES AND DELIVERY SCHEDULE

F.9 KEY PERSONNEL

F.10 TECHNICAL PROFESSIONAL LEVEL OF EFFORT

F.11 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

F.12 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS

(JAN 2004)

SECTION G – CONTRACT ADMINISTRATION DATA

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

G.2 CONTRACTING OFFICER'S AUTHORITY

G.3 ADMINISTRATIVE CONTRACTING OFFICE

G.4 CONTRACTING OFFCIER’S REPRESENTATIVE (COR)

G.5 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.6 PAYMENT AND INVOICES

G.7 ACCOUNTING AND APPROPRIATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION (JUL 1997)

H.3 INSURANCE AND SERVICES

H.4 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

(JAN 2002)

H.5 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENT (FEB 2012)

(Class Deviation No. OAA-DEV-12-01c) H.6 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (July 2007)

H.7 AUTHORIZED GEOGRAPHIC CODE

H.8 LOGISTIC SUPPORT

H.9 LANGUAGE REQUIREMENTS AND REPORTING

H.10 SUBCONTRACTING PLAN REPORT FOR INDIVIDUAL CONTRACTS AND

SUMMARY CONTRACTING REPORT

H.11 302.3.5.13 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (July 2007)

H.12 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.13 USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004)

H.14 752.7007 PERSONNEL COMPENSATION (JUL 2007)

H.15 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.16 HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-12) (September

2006)

H.17 CONSENT TO SUBCONTRACTS

H.18 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

H.19 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (OCT 1989)

H.20 PROHIBITION AGAINST CASH ASSISTANCE TO THE PALESTINIAN

AUTHORITY

H.21 PROHIBITION AGAINST SUPPORT FOR TERRORISM

H.22 RESTRICTION ON FACILITY NAMES

H.23 SUBCONTRACTING WITH GOVERNMENT OR QUASI-GOVERNMENT ENTITIES

H.24 VALUE ADDED TAX AND CUSTOMS DUTIES

H.25 REPORTING OF FOREIGN TAXES

H.26 ENVIRONMENTAL COMPLIANCE AND REQUIREMNTS

H.27 STANDARDS FOR ACCESSIBILITY FOR THE DISABLED IN USAID

CONSTRUCTION CONTRACTS (July 2007)

H.28 COMPLIANCE WITH MISSION’S CONTRACTORS GRANTEES NOTICES

H.29 SCHEDULE AND COST DEVIATION

H.30 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS (ADS 206)

H.31 SUBCONTRACTING PLAN AND THE SF 294 – SUBCONTRACTING REPORT

FOR INDIVIDUAL CONTRACTS AND SF 295 – SUMMARY CONTRACTING

REPORT

H.32 USAID/WEST BANK AND GAZA MISSION PARTNER CONTRACTED AUDIT

PROGRAM (PCA)

H.33 PARTICIPANT TRAINING

H.34 CONSTRUCTION UNDER CONTRACT

H.35 GRANTS UNDER USAID CONTRACTS

H. 36 INTERNATIONAL TRAVEL APPROVAL

PART II

SECTION I – CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

(APR 2010)

I.3 52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

I.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (FEB 2012)

I.5 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

I.6 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

I.7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

I.8 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.9 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.10 52.236-19 ORGANIZATION AND DIRECTION OF THE WORK (APR 1984)

I.11 52.243-7 NOTIFICATION OF CHANGES (APR 1984)

I.12 52.229-8 TAXES--FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990) 87

I.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.14 52.232-99, Providing Accelerated Payment to Small Business Subcontractors

(DEVIATION) (August 2012)

SECTION J – LIST OF ATTACHMENTS

USEFUL LINKS:

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2012)

K.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Feb 2012) .. 95

K.5 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

SANCTIONED ACTIVITIES RELATING TO IRAN—REPRESENTATION AND

CERTIFICATION (NOV 2011)

K.6 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

(OCT 2008)

K.7 52.230-7 PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES

(APR 2005)

K.8 INSURANCE - IMMUNITY FROM TORT LIABILITY

K.9 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS

K.10 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

K.11 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K. 12 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

K. 13 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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

1998)

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

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

L.4 GENERAL INSTRUCTIONS TO OFFERORS

L.5 DELIVERY INSTRUCTIONS

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

L.8 DISCLOSURE OF INFORMATION

L.9 TECHNICALLY UNACCEPTABLE PROPOSALS:

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2 DETERMINATION OF COMPETITIVE RANGE

M.3 TECHNICAL EVALUATION CRITERIA

M.4 PRICE/COST EVALUATION

M.5 SOURCE SELECTION

M.6 CONTRACTING WITH SMALL BUSINESS CONCERNS

RFP-294-13-000005

Enhanced Palestinian Justice Program

LIST OF ACRONYMS

ADS Automated Directives System

ADR Alternative Dispute Resolution

BIP Branding Implementation Plan

CCN Cooperating Country National

CIDA Canadian International Development Agency

CO Contracting Officer

COB Close of Business

COP Chief of Party

COR Contracting Officer’s Representative

COE Centers of Excellence

CPP Civic Participation Program

CSOs Civil Society Organizations

DCOP Deputy Chief of Party

DGO Democracy and Governance Office

EPJP Enhanced Palestinian Justice Program

EUPOL COPPS EU Police Coordinating Office for Palestinian Police Support

FC Family Courts

Geo-MIS Geographic Management Information System

HJC High Judicial Council

INL International Narcotics and Law Enforcement Bureau

IT Information Technology

LOE Level of Effort

M&E Monitoring and Evaluation

MEO Mission Environmental Officer

MOI Ministry of Interior

MOJ Ministry of Justice

MOPAD Ministry of Planning and Administrative Development

NGO Non-Governmental Organization

OJT On-The-Job Training

OST Overseas Study Tours

PA Palestinian Authority

PJI Palestinian Judicial Institute

PMP Performance Management Plan

NDP Palestinian National Development Plan

PRDP Palestinian Reform and Development Plan

PACE Palestinian Authority Capacity Enhancement

PJEP Palestinian Justice Enhancement Program

PLC Palestinian Legislative Council

PPIRS Past Performance Information Retrieval System

PSA Public Service Announcement

ROL Rule of Law

SOW Statement of Work

SAACB State Audit and Administrative Control Bureau

TA Technical Assistance

TCN Third Country National

UNDP United Nations Development Program

U.S. United States

USAID United States Agency for International Development

WBG West Bank and Gaza

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PURPOSE

The United States Government (USG) through the U.S. Agency for International Development in

West Bank and Gaza (USAID/WBG) will be implementing a five-year program that aims to build a more effective and competent Palestinian justice sector that is accountable to the public and responds to citizen needs.

The objectives of this program are to enhance efficiency of targeted justice sector institutions;

improve service delivery provided by justice sector institutions; enhance education and management systems of legal education; support the development of Family Courts; promote the concept of Alternative Dispute Resolution (ADR) services; develop inter-institutional coordination among justice institutions; and increase citizen engagement in rule of law issues.

B.2 CONTRACT TYPE

This is a Cost-Plus-Fixed-Fee (CPFF) term type contract. For the consideration set forth below, the Contractor shall provide the services described in Section C and the level of effort described in Section F.

B.3 ESTIMATED COST, FEE, AND OBLIGATED AMOUNT

(a) The estimated cost for the performance of the work required hereunder for the five year period, exclusive of fixed fee (if any) is $TBD. The fixed fee (if any) is $TBD. The estimated cost plus fixed fee (if any) is $TBD.

(b) Within the estimated cost plus fixed fee (if any) specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor

(and payment of fee, if any) for performance hereunder is $TBD. The Contractor shall not exceed the aforesaid obligated amount.

(c) Funds obligated hereunder are anticipated to be sufficient through [To be inserted at the time of award].

B.4 BUDGET LINE ITEMS

Cost Element Total Amount

a) Salaries, Fringe benefits $________

& consultants.

b) Subcontracts $________

c) PCA Program $160,000

d) Other Direct Costs $________

e) Program Costs

i. Grants* $1,150,000

ii. Windows of Opportunity* $325,000

iii. Rehabilitation &

Renovation* $2,000,000

iv. Other Program Costs*1 $5,000,000

Total Program Costs (i-iv)

$8,475,000

f) Indirect Costs $________

g) Total Estimated Cost $________

h) Fixed Fee $________

i) Total Est. Cost plus Fee $________

* Each line item under the Program Costs element as included above (Grants, Windows of

Opportunity, Rehabilitation & Renovation, and Other Program Costs) may not be reduced without the Contracting Officer’s prior written approval.

B.5 INDIRECT COSTS

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

Description Rate Base Type Period

% 1/ 1/ 1/

% 2/ 2/ 2/

This line item may include (but not limited to) costs associated with: trainings, workshops, conferences, assessments, studies, commodities, equipment and information technology (hardware and software).

% 3/ 3/ 3/

1/Base of Application:

Type of Rate:

Period:

2/Base of Application:

3/Base of Application:

B.6 ADVANCE UNDERSTANDINGS ON CEILING INDIRECT COST RATES AND

FINAL REIMBURSEMENT FOR INDIRECT COSTS

(a) Reimbursement for indirect costs shall be at the lower of the negotiated final (or predetermined) rates or the following ceiling rates:

Description Rate Base Period

% 1/ 1/

% 2/ 2/

% 3/ 3/

1/ Base of Application:

2/ Base of Application:

Period:

3/ Base of Application

Period

(b) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform to the lower rates.

(c) This understanding shall not change any monetary ceiling, obligation, or specific cost allowance or disallowance. Any changes in classifying or allocating indirect costs require the prior written approval of the Contracting Officer.

B.7 COST REIMBURSABLE

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

B.8 PAYMENT OF FIXED FEE

Payment of fixed fee shall be allocated based upon the proportion of the level of effort (LOE) specified in Section F.10 that was provided by the contractor in the period covered by the invoice.

In the event that the Contractor does not provide the total LOE stipulated in Section F.10, the total amount of fixed fee will be reduced in similar proportion.

B. 9 CANCELLATION CEILING

This contract is considered non-severable, and is therefore a multi-year contract as defined in

FAR 17.103. Therefore, this contract is subject to the requirements of FAR 17.106.

Cancellation Dates:

(To be inserted at time of award)

This is a Cost-Plus-Fixed-Fee (CPFF) type contract where the Contractor is authorized to be reimbursed for all costs which are allowable in accordance with FAR 52.261-7, “Allowable

Costs and Payment.” The Contractor will not incur any costs which would have been amortized over the life of the contract should the contract be cancelled in accordance with FAR 17.103 and

52.217-2. Therefore, the cancellation ceiling for each cancellation date is $0.00.

[END OF SECTION B]

SECTION C- DESCRIPTION/SPECIFICATIONS/STATEMENT OF OBJECTIVES

A) INTRODUCTION

One of the primary strategic objectives of the USAID Mission to the West Bank and Gaza (WBG) is the development of the institutions of a future Palestinian state, living side by side in peace and security with Israel. Aligned with this development objective, the USAID Democracy and

Governance portfolio helps to strengthen the capacity of the Palestinian Authority (PA) to provide strong, sustainable, transparent governance while focusing efforts on the provision of and improvements to essential citizen services.

This contract will support key elements of the Palestinian National Development Plan 2011-2013 and the Palestinian Justice and Rule of Law National Strategy (2011-2013). Activities under this contract will be closely coordinated with the High Judicial Council (HJC), Ministry of Justice

(MOJ), Palestinian Judicial Institute (PJI), and Family Courts, and other targeted ministries and institutions.

The Enhanced Palestinian Justice Project (EPJP) and will provide support to the justice sector by:

(a) improving service delivery; (b) improving the institutional capacities of targeted justice sector institutions; (c) strengthening the West Bank legal education system; and (d) increasing citizen engagement and respect for the rule of law. This contract will focus on core public functions within the justice sector institutions and require a flexible mix of technical assistance, training, equipment, and other assistance. As a result of the current realities of ROL sector in Gaza, the

Contract will provide targeted assistance only in the West Bank at this time. Should the political situation on the ground change, the Contractor may implement activities in Gaza.

B) BACKGROUND

Current Activities in this Sector:

The Palestinian Authority has made reform and development of public institutions a key objective of its overall mandate. The strategic vision for and commitment to this development process was detailed in the Palestinian Reform and Development Plan (PRDP) for 2008-2010

- the PA’s first long-term planning document. The PRDP was prepared for the Paris Donors’ Conference in

December of 2007 and represents a comprehensive plan for the restoration of good governance and the rule of law in the West Bank. In 2010, the PA developed the second year of the Thirteen

Government Plan (Homestretch to Freedom ), which was an ambitious plan for institutional building, socio-economic development, fiscal reform, and good governance.

The complete Palestinian Reform and Development Plan can be found at:

http://www.mopad.pna.ps/en/attachments/article/2/National%20Plan%202008-2010.pdf The complete Homestretch to Freedom plan can be found at:

http://www.mopad.pna.ps/en/attachments/article/6/Second_year_of_the_government_program_EnglishFinal.pdf http://www.mopad.pna.ps/en/attachments/article/2/National%20Plan%202008-2010.pdf http://www.mopad.pna.ps/en/attachments/article/6/Second_year_of_the_government_program_EnglishFinal.pdf

To follow on these strategic planning exercises, the PA released the Palestinian “National

Development Plan 2011-2013: Establishing the State, Building Our Future - April 2011 (NDP)” which asserts that the establishment, consolidation, and strengthening of the PA governing institutions is at the heart of Palestinian development and reform plans and the most crucial element of the preparations for a future Palestinian state (p. 24). The illustrative interventions for this contract are aligned with the Governance sector priorities of the NDP generally and the ROL objective (“to deliver justice and the rule of law for all citizens”) specifically. In addition to the

NDP, the proposed interventions are aligned with the justice sector national strategy which was articulated in “The Justice and Rule of Law National Strategy 2011-2013” (the Strategy).

This

Strategy was funded by USAID, completed in July 2010, and ultimately identified four main sectorial objectives:

Ensure respect of human rights, fundamental freedoms and rule of law, Guarantee fair trials, Support, build, enhance, and develop justice institutions to carry out their duties, and

Develop, harmonize, and update legislation.

Establishing the development goals for the sector, the Strategy envisions: “A justice sector capable to achieve justice and the rule of law for maintaining freedoms, public and private rights, and equality so as to maintain human dignity and provide the suitable framework for comprehensive and sustainable development for the Palestinian society in a fully sovereign

Palestinian State” (Please see attachment J8)..

USAID’s historical investments in the ROL sector have focused on strengthening public confidence and respect for justice sector institutions and the rule of law in the West Bank. In 2010 and in partnership with the Palestinian justice sector institutions, USAID launched the Palestinian

Justice Enhancement Project (PJEP) to strengthen public confidence and respect for justice sector institutions and the rule of law in the West Bank. The project directly addresses the priorities and objectives outlined in the Palestinian Authority’s Justice Sector Strategy and the PA’s Thirteenth

Government Plan. PJEP is focused on: (a) developing the capabilities of the High Judicial

Council and the Ministry of Justice; (b) improving legal education for judges, future lawyers, and court staff; and (c) increasing public understanding of the justice system by providing small grants to civil society organizations (CSOs) to raise public awareness of legal rights and responsibilities, rule of law, and Palestinian justice processes. USAID partners under PJEP include the MOJ; HJC; PJI; Hebron Law School, An- Najah law School, Palestine Ahlya Law

School, and Al- Quds Law School, and local civil society organizations.

Building on these elements, the new ROL project, the Palestinian Justice Project will continue to provide support to the ROL sector and will focus on: (a) improving service delivery; (b) improving the institutional capacities of targeted justice sector institutions; (c) strengthening the

West Bank legal education system; and (d) increasing citizen engagement and respect for the rule of law. Activities in these areas will contribute to the WBG development objective: “Strengthened

The complete Palestinian National Development Plan can be found at:

http://www.apis.ps/up/1332062906.pdfhttp://www.apis.ps/up/1332062906.pdf The complete PA Justice and Rule of Law National Strategy (2011-2013) can be found at:

http://pdf.usaid.gov/pdf_docs/PNADW391.pdfhttp://pdf.usaid.gov/pdf_docs/PNADW391.pdf http://www.apis.ps/up/1332062906.pdf http://www.apis.ps/up/1332062906.pdf http://pdf.usaid.gov/pdf_docs/PNADW391.pdf http://pdf.usaid.gov/pdf_docs/PNADW391.pdf democratic practices and performance of selected public-sector institutions and non-state actors” through intermediate results one and two, “PA institutions strengthened” and “public sector service delivery improved.” By focusing on citizen service entry points in the ROL sector, the project aims to improve the Palestinian perception of the justice institutions and therefore strengthen their legitimacy. This powerful combination of strengthened institutions and improved public perception of those institutions lays important groundwork for the future Palestinian state.

Sector need for rehabilitation and renovation works:

Much of the current courthouse infrastructure is inadequate. Many of the court houses are located in unsuitable residential areas. Most court sessions are held in judges’ chambers rather than in proper courtrooms due to lack of space. In addition, most of these courts lack needed adequate waiting space for the public, and litigants, witnesses and experts have to wait in the court corridors or stairways for their sessions. Also, some of the courts lack sufficient places for new personnel, including judges and clerks, which create a limitation on the justice institutions capability in hiring new personnel. Judges, lawyers, prosecutors, witnesses and the suspects (and their families) all enter and exit the courthouse from the same entrance in most of courthouses, which poses security risks.

As for the family courts in particular, the majority of the courthouses are old and not built for the court’s functions. Some buildings are even in a dangerous state; for example, the Civil Defense advised that the Nablus Courthouse should be vacated for safety reasons. Another example of the current condition of the family courts is that parents who do not have custody of their children come to the court to see their children on designated dates. However, there are no designated spaces for that purpose. Instead, parents meet with their children in public areas, which are overcrowded with litigants, lawyers and police officers, which is generally an unpleasant environment that lacks privacy.

The lack of appropriate infrastructure reduces the standard of service provision, compromises security for judges, lawyers, citizens and litigants, and violates defendant rights due to inadequate facilities. Even though USAID will not fund building new structures under this contract, USAID recognizes the above needs and therefore renovation and rehabilitation activities will be supported under this contract.

Summary of Opportunities and Challenges for USAID Assistance:

a) Opportunities

PA leadership and Cabinet committed to reform. The PA has shown a great commitment to improving the ROL throughout the West Bank and has been very vocal in their support of an improved justice system that delivers efficient services to its citizens. For example, during the 5th

Annual Judicial Conference in August 2012, Chief Justice Fared Al Jallad highlighted the improvements in the court systems (including a 20% increase in cases filed) and stated “more citizens are using legal channels and the courts to resolve issues” which is a major accomplishment for the Palestinian judiciary. The EPJP and the illustrative interventions proposed below have been discussed at the highest levels of the PA, including the Prime

Minister’s Office. More focused discussions were held with senior PA justice sector officials in the key justice institutions between October 2012 and February 2013, including the MOJ, the

HJC, the PJI, and the four proposed partner law schools (Hebron, An-Najah, Palestine Ahlya, and

Al- Quds). This project is supported, in particular, by the Chief Justice, Minister of Justice, and

Deputy Minister of Justice, the Head of Strategic Planning at HJC, the Head of Court

Administration, and the deans of the partner law schools. Hoping to build on existing relationships with USAID, these leaders are focused on improving the responsiveness of justice institutions; establishing a cutting-edge legal education system; and building the capacity of the

HJC and MOJ. These areas of PA interest are the foundation of this contract..

Strong donor commitment and support for Palestinian reform efforts overall and in the ROL sector. Recently, the Paris Donors’ Conference resulted in pledges of over $7 billion for the PA’s reform and development plans. The PA will use these funds to improve public institutions, reduce subsidies, and implement high priority economic reforms.

Gender Units provide an opportunity to improve the design of service delivery solutions. The existence of Gender Units within justice sector institutions provides an opportunity to integrate gender into the institutions’ planning and implementation.

b) Challenges

The Judiciary is weak and under-funded. Despite recent improvements, the justice sector suffers from insufficient funding which contributes to weak management and administration overall.

Palestinians who wish to utilize the judicial system encounter difficulty as the institutions are plagued with limited accessibility, delays in processing cases, lost documents/case files, and little recourse for wrongs committed. Although the PA has more recently provided increased financial support to the justice institutions as compared to prior years, the annual funding level remains insufficient, incomplete, and subject to a host of external factors.

Legal framework, institutional roles, and mandates are unclear. The justice sector institutions suffer from a lack of clarity on institutional mandates and sectorial roles due to conflicts between the Palestinian Basic Law and Judicial Authority Law. This unresolved conflict has created a fragmented justice sector resulting in replication of functions and inefficient administration of justice.

Numerous institutions within the sector are largely uncoordinated. The Palestinian justice sector is comprised of a variety of critical stakeholders including the Judiciary, governed by the HJC

(also known as the Supreme Judicial Council); the Attorney General’s Office which manages the public prosecutions; and the MOJ which plays a legal and policy role as the member of the PA

Council of Ministers. Largely ignored by foreign donor assistance, Family Courts deal with a variety of domestic cases including marriage contracts, divorce, custody, alimony, and inheritance. In terms of criminal prosecutions, there is the Palestinian Civil Police and Corrections

Services within the MOI and the Palestinian Anti-Corruption Commission. Collectively, these institutions are governed by the Palestinian Basic Law, Judicial Authority law, and other as well as laws and bylaws.

C) OVERALL GOAL AND PROGRAM OBJECTIVES

The purpose of this project is to support the PA’s goal of improved, more effective, and competent Palestinian justice sector institutions that are accountable to the public and respond to citizens’ needs by achieving short-term gains in the efficiency, fairness, and responsiveness.

Targeted institutions include the HJC, MOJ, family courts, and the PJI as well as enhancing legal education in partnering law schools. In so doing, the project will improve the quality of the supply of services available to Palestinians. As a result, the clients will have increased confidence in partner institutions, which in turn strengthens their legitimacy.

In addition, the contractor will provide public service messages educating people on their rights and the processes required to access key services. Messaging will have a particular focus on improving women’s knowledge of their rights, and how to access services if those rights are being violated. It will also include messaging on gender-based violence. This messaging will both improve the audience’s understanding of their rights, and encourage them to seek services from the strengthened partner institutions.

D) STATEMENT OF WORK

Component 1: Enhance service delivery and efficiency of justice sector institutions

This component will support the critical task of building the institutional capacities of HJC, MOJ, and PJI through the provision of needed technical and material assistance. This component is the building block of the EPJP on which all other improvements will be based and includes: (a) building the capacities of these institutions in the areas of human resources, financial management, strategic planning, and case management; (b) improving service delivery to

Palestinians; and (c) completing minor rehabilitation and renovations to judicial facilities.

The primary focus of EPJP activities will support visible improvements in the delivery of services that contribute to increased public confidence. The contractor will conduct a business process analysis for each of the partner offices with which the project will work to understand how offices within partner institutions can improve the quality and efficiency of their services. These analyses will review the whole client experience from cues through completion of the service, to understand very specifically how to target interventions. They will also review policies and regulations that may slow the provision of services, or discourage segments of the population from seeking services. Each analysis must include a gender component that identifies obstacles to women accessing services, and suggestions for decreasing corruption.

The contractor, in close coordination with the partner institutions, will design interventions to address the delivery and efficiency of justice sector institutions identified in the business process analyses. The contractor will develop an action plan for efficiently addressing the weaknesses, prioritizing the interventions for discussion with USAID and the partner institution. Following the agreed upon action plans, the contractor will provide services including, but not to be limited to, expert consulting and technical assistance, training services, support for improvements in management and administration systems, workshops, conference organization, logistical support and purchase of information technology equipment and commodities. A high priority under this component will be to contribute to quick and visible improvements.

The contractor will implement an integrated approach that combines technical and material assistance to ensure that institutional reforms in business processes are accompanied with upgrades in service delivery and enhance capacity of justice sector personnel resulting in improved service delivery. Activities that could be undertaken through this component will be determined by the office-by-office business processes analysis (and accompanying action plan).

Examples of potential interventions include:

Improve the capacity of the HJC in areas of strategic planning, training, media, information technology, finance and administration, and inspection.

Improve the case management system within targeted courts to decrease the case backlog.

Improve the judicial services provided to the public such as Notary Public, Notifications, Enforcement and Court Registries.

Provide targeted assistance to the Justice Records Office, International Affairs

Department, the Council of Legal Opinion Department, and other departments as needed within the Ministry of Justice

Strengthen the administrative and management capacity of the PJI, integrating the use information technology and automated systems as appropriate.

Enhance the core and specialized legal skills for judges and court staff through the provisions of training on topics such as commercial issues, e-crimes, women’s rights, and alternative dispute resolution (ADR) approaches.

Strengthen and streamline the provision of ADR services to align with international best practices.

Provide small-scale infrastructure improvements based on the business process analyses and accompanying action plans. Remodels/rehabilitations may include renovating courtrooms and other judicial departments, improving waiting rooms and courts’ registries, improving judicial offices, or increasing the number of facilities available to clients. Other improvements may include electrical upgrades or information technology hardware/software.

All technical experts or consultants that are provided to partnering justice sector institutions must spend 35% or more of their time on training PA civil servants. Experts should not just be consultants to the head of the institution.

All efforts to improve services and service delivery should be a joint effort between the contractor and Palestinian staff of the various targeted partnering institutions. Close collaboration with the

Palestinian staff of the partner institution is required in the design, development, and implementation of any new facility, product, system, or service.

Component 2: Improved service delivery through enhanced capacity of Family Courts:

This component will build the capacity of the Palestinian family courts, where many citizens have their first interaction with the formal justice system. Family courts in the West Bank apply the

Jordanian Personal Status Law of 1976 and justice on all familial matters, including marriage contracts, divorce, custody, alimony, and inheritance. Judgments of these courts are enforced by the regular judiciary and make around 10% to 14% of the Civil Judgment Departments’ workload.

USAID assistance to the courts will positively affect the lives of many citizens, thus improving the perception of the justice system.

The primary objective of this component is to enable targeted family courts to become more responsive to the public, and to enhance satisfaction among court users with the efficiency of court processes and services. This component will assist in helping the Family Courts build administrative and financial capacities including (a) activating Family Counseling Units, which serve as judicial mediation points between the litigants; (b) providing technical assistance and training to the Family Court personnel; and (c) completing minor rehabilitation to improve the working environment and public spaces to improve the quality of service delivered by these courts..

The contractor will conduct a business process analysis for each of the partner offices with which the project will work to understand how offices within partner institutions can improve the quality and efficiency of their services. These analyses will review the whole client experience from cues through completion of the service, to understand very specifically how to target interventions.

They will also review policies and regulations that may slow the provision of services, or discourage segments of the population from seeking services. Each analysis must include a gender component that identifies obstacles to women accessing services, and suggestions for decreasing corruption.

The contractor, in close coordination with the partner institutions, will design interventions to address the delivery and efficiency of justice sector institutions identified in the business process analyses. The contractor will develop an action plan for efficiently addressing the weaknesses, prioritizing the interventions for discussion with USAID and the partner institution. Following the agreed upon action plans, the contractor will provide services including, but not to be limited to, expert consulting and technical assistance, training services, support for improvements in management and administration systems, workshops, conference organization, logistical support and purchase of information technology equipment and commodities. A high priority under this component will be to contribute to quick and visible improvements.

The contractor will implement an integrated approach that combines technical and material assistance to ensure that institutional reforms in business processes are accompanied with upgrades in service delivery and enhance capacity of justice sector personnel resulting in improved service delivery. Examples of activities that could be undertaken through this component will be determined by the office-by-office business processes analysis (and accompanying action plan), but examples of potential interventions include:

Build the administrative capacities of court personnel to ensure the improvement of service delivery, Establish Family Counseling Units, Automate components of case management, Improve the infrastructure and working facilities within the targeted Family Courts, and

Establish electronic filing systems.

All technical experts or consultants that are provided to partnering justice sector institutions must spend 35% or more of their time on training PA civil servants. Experts should not just be consultants to the head of the institution.

All efforts to improve services and service delivery should be a joint effort between the contractor and Palestinian staff of the various targeted partnering institutions. Close collaboration with the

Palestinian staff of the partner institution is required in the design, development, and implementation of any new facility, product, system, or service.

Component 3: Improve the educational experience provided to students in partner law schools:

Similar to components one and two, the initial activity associated with this component will be a comprehensive assessment of the curricula and teaching methods of partner law schools. This component will focus specifically on aligning the learning experience in law schools with the demands of professions within the sector. The review will seek input from deans, professors, students, past students, legal professionals, and integrate best practices within the field. It will also review management and administration to the degree that it may (or may not) enhance or hinder the quality and relevance of education provided to students. Based on this assessment, the project will work with partner law schools to update their curricula and teaching methods.

Overhauling the curriculum will transition the focus of the legal education system from rote memorization to experiential learning. In so doing, young lawyers and other legal professionals will be better prepared to begin working in the field, empowering them as they begin their legal careers.

The contractor will also provide a series of training events to professors and deans of partnering law schools. These training activities (potentially structured as workshops, meetings or conferences) will share findings of the initial assessment and may take place throughout the development of the new curricula, and finally to introduce and discuss its implementation. These activities should invite students into the process to the largest degree possible. This training and the updated curricula will specifically include substantive discussion of women’s rights, and anti-corruption.

While the assessment will determine the specific revisions to the curricula and teaching methods, USAID anticipates the need to more strongly incorporate experiential learning into the curricula.

Activities may include:

Develop ADR courses, Train professors on teaching practical case studies, Expand legal clinics, Establish moot courts and expand competitions and training opportunities, Establish internship programs in the justice sector, Expand the library of selected law schools (hard copy and electronic materials), Facilitate partnerships between selected law schools and U.S. law schools.

Component 4: Improving citizens’ knowledge of their rights and available services:

This component calls for increasing citizen engagement and respect for rule of law. It is comprised of two subcomponents; one focuses on building the capacity of media departments within targeted justice sector institutions, while the other focuses on the provision of small scale to medium size grants. Grants under this component will be directed towards supporting civil society organizations that aim to increase citizen engagement in rule of law and justice related issues, highlighting the importance of ROL as well as the PA efforts and successes in increasing the efficiency and effectiveness of the justice sector, with an emphasis on gender and human rights related issues. . The second subcomponent will include the provision of targeted assistance to media departments of various justice institutions to improve their outreach materials and public interaction.

Activities under this contract will strengthen citizens’ knowledge of their rights and provide information on how they can access judicial services more effectively. The project will work with the media departments of partner institutions, providing sub-grants to local Palestinian civil society organizations (CSOs) to conduct education campaigns that will raise citizens’ awareness legal issues and their role in rule of law activities. Work with partnering institutions will advertise the services offered by the institution and inform individuals how to access those services. Public service announcements may also be provided CSO partners, meanwhile, will launch awareness campaigns on a variety of topics such as gender-based violence (GBV), women’s rights, human rights, and the citizen role in reporting corruption. Particular focus will be maintained on messaging relating to women’s rights and associated issues. Activities may include, but are not limited to:

Grants to civil society organizations to raise awareness on rule of law issues including women’s rights, Support to the partnering justice sector institutions to…