Attachment_1_-_SOW.pdf

Legislation & Advisory Bureau Assistance Project SGE50017R0010 INL, American Consulate Jerusalem Attachment 1 – SOW

C.1 INTRODUCTION

The Palestinian legal system is complicated and has been historically informed by laws and legal cultures from several justice systems, including: the Ottoman period, the British mandate, Jordan, Egypt, Israeli military rule, and the Palestinian National Authority. The Legislation and Advisory Bureau (LAB) is a public and independent agency, which was created by Presidential Decree No. 286 of 1995. LAB consults with and supports various Palestinian ministries and provides guidance on drafting laws and ensuring that legislation/decrees are well written, accurate, and consistent with existing laws, including The Basic Law. The LAB also provides legal advice and Fatwa to the Head of State, the Council of Ministers, and other official bodies. The legal departments of the ministries and other government institutions are subject to the LAB’s technical and legal review. (Decision (1) of 1998). Laws do not become “official” until thirty days after publication in the official legal gazette and reasonably disseminated for public awareness. The LAB is responsible for these publications.

C.2 OBJECTIVES AND DELIVERABLES

C.2.I CLIN 001 – Goal: Improved LAB Legal and Admin Staff Capacity

Improve capacity to conduct legal research and draft advisory opinions

The LAB’s goal is to provide high quality legal analysis, written opinions, and draft legislation. Currently the LAB staff consists of approximately forty professionals, including legal researchers, proof readers, IT programmers, and administrative support. Roughly twelve researchers and drafters are spread across several internal LAB departments. Most (perhaps all) have college B.A. degrees, with specialization in law. Few (perhaps none) have advanced M.A. law degrees approximating a U.S.

law school education. The expected goal/outcome of this deliverable is an LAB staff fully capable of conducting advanced legal research and writing authoritative legal papers.

Expected Outcome (legal research and writing)

LAB staff trained and capable of independently conducting legal research and writing quality legal analysis. This outcome will be “sustainable,” such that the LAB staff, including the training department, will have the capacity to self-train future LAB employees.

Suggested Outputs1

i. Assess staff function and capacity

ii. In consultation with the LAB (particularly the head of the LAB’s training office), design a training plan tailored to the expected outcome and staff capacity. Submit the plan to INL/Jerusalem for approval.

(1) The plan should include expanding LAB staff skills in using primary and secondary legal sources in the context of Palestinian jurisprudence.

(2) The plan should include training on how to conduct basic and advance legal research, including specialized topical resources and cost effective research strategies. Referral to similar local/regional legal systems is recommended.

(3) The plan should include training on how to write scholarly, authoritative, and objective legal analysis which provides guidance to the client-agency on the issue at hand.

(4) The plan may also include provision of relevant English language training of legal terms.

iii. Train the LAB staff by implementing the approved training plan.

Suggest fine-tuning to reflect lessons learned.

iv. Prepare SOPs for how to conduct legal research and how to write quality legal analysis.

v. Conduct interim and final testing to inform instruction and ascertain final results.

CLIN 002 – Improve capacity to conduct legislative drafting

A core element of the LAB’s mandate is to draft legislation in consultation with the legislative council and ministries. Legislation should be consistent, well written, clear, and harmonious.

Expected Outcome (legislative drafting).

LAB staff capable of drafting well-formulated legislation. This outcome will be “sustainable,” such that the LAB staff, including the training department, will have the capacity to self-train future LAB employees on how to draft legislation.

1 Contractors are encouraged to suggest alternative/additional Outputs that will achieve the Expected Outcomes.

Suggested Outputs

i. Assess staff function and capacity

ii. In consultation with the LAB (particularly the head of the LAB’s training office), design a training plan tailored to the expected outcome and staff capacity. Submit the plan to INL/Jerusalem for approval.

iii. In consultation with the LAB, prepare a legislation/decree SOP which includes standard drafting guidelines, perhaps to include:

organization and structure, language/style, and content. Assure that the SOP is developed in a manner consistent with Palestinian jurisprudence and relevant regional jurisdictions.

iv. Train the LAB staff by implementing the training plan and suggest fine-tuning to reflect lessons learned.

v. Conduct interim and final testing to inform instruction and

CLIN 003 – Goal: Improve Capacity to Conduct Strategic Planning

Strategic planning enables any organization to define its direction and set measurable goals. A well-crafted strategic plan will guide daily decisions and actions. It will also facilitate evaluation of progress toward goals and will inform management’s decision process as the approach is modified to fit reality. Moreover, the process of strategic planning is in itself a positive exercise, as it forces an organization to take stock of itself and evaluate its strengths, weaknesses, purpose, resources, and targets. In order to fulfill its role, the LAB needs the ability to conduct its own strategic planning, as well as offer planning support to other PA government agencies.

Expected Outcome (strategic planning)

LAB staff capable of conducting strategic planning for the LAB organization and capable of offering strategic planning advice and assistance to Palestinian government agencies.

Suggested Outputs

vi. Assess LAB staff’s present ability to conduct strategic planning.

vii. In consultation with the LAB (particularly the head of the LAB’s training office), design a training plan tailored to the expected outcome and staff capacity. The plan should not only address the near-term goal to enable the LAB to produce its strategic plan but should also address the need for sustainability, i.e., the LAB will have the capacity to train staff as needed so that lessons learned are remembered and future LAB staff is likewise capable. Submit the plan to INL/Jerusalem for approval.

viii. In consultation with the LAB’s training department, draft SOPs to guide the LAB in the best process to conduct both internal strategic planning for the LAB and external strategic planning to support other Palestinian government offices.

ix. Train the LAB staff by implementing the training plan and fine tune the plan to reflect lessons learned.

x. Conduct interim and final testing to inform instruction and

xi. Assist and guide the LAB to produce the LAB’s strategic plan.

CLIN 004 – Goal: Improve capacity to produce the official gazette

Laws and Presidential decrees only become effective thirty days after publication in the official gazette. The Ministry of Finance sets the price of a subscription and the Ministry of Interior determines those to whom the official gazette is provided free.

The gazette publishes all laws, decrees, regulations, and official communications.

The LAB is responsible for publication and circulation of the official gazette.

Presently, the actual printing of the gazette is outsourced by the LAB to a private company. This practice is not expected to change in the near future but the LAB wants to improve its drafting, editing, and computing skills such that the content of the gazette and the publication itself is more professional, consistent, clear, and grammatically sound. The gazette is published monthly and “as needed.”

Expected Outcome (trained staff capable of drafting and editing a consistently professional and grammatically correct official gazette)

LAB staff trained and capable of submitting for publication a legal gazette periodical which is technically well crafted, grammatically sound, consistent, and professional.

Suggested Outputs

i. Review recent editions of the official gazette, determine the skill set necessary to produce the gazette and assess the LAB’s staff’s proficiency.

ii. In consultation with the LAB (particularly the head of the LAB’s training office and the LAB’s IT office), design a training plan tailored to the expected outcome and staff capacity. Submit the plan for INL/Jerusalem approval.

iii. In partnership with the LAB, implement the approved training plan and fine tune the plan to reflect lessons learned.

iv. In partnership with the LAB, draft SOPs which lay out the LAB’s policy and procedure for preparation of the official gazette.

v. Conduct interim and final testing of LAB staff to inform instruction and ascertain final results.

vi. In consultation with the LAB, determine and recommend any publication software, IT, and office equipment to support the LAB’s ability to produce the official gazette.

vii. Support the LAB with the installation of equipment and provide training on any newly introduced software.

CLIN 005 – Goal: Establish an electronic and paper legal library

The capacity and quality of the LAB’s research and analysis is only as good as its available legal resources (primary legal texts, laws, codes, indexes, encyclopedias, scholarly writings, reviews, etc.). The LAB’s legal library is used by staff, lawyers, judges, other agencies, and by the public. Although the LAB currently has a very modest resource library, an upgrade is needed so that the LAB has the research tools needed to fulfill its mandate. Special note is taken that the LAB does have access to local university libraries (ex. Birzeit University) and perhaps other resources. Effort to improve the LAB’s law library should complement and not duplicate resources that are otherwise reasonably available.

Expected Outcome (law library)

The LAB shall have a law library and access to legal works necessary to perform its advisory and legislative drafting function.

Suggested Outputs

i. Assess the content of the LAB’s current library and available resources (electronic and hard copy) and prepare/submit a report to the LAB and to INL recommending improvements. Said report should also address and identify resources which will require subscriptions and periodic upgrade/supplements, along with a projected budget to keep the library current. Recommendations should be made in the context of what the LAB will be able to sustain. It is also recommended that the LABAP consult relevant similar agencies in the Levant to gain perspective and insight on what is appropriate and best practice.

ii. With approval of INL, procure and install the recommended library resources.

iii. Recommend library/office furniture and equipment (ex. work stations, tables, shelves, printers, etc.). Note: INL may directly procure the furniture and equipment. In this event, the LABAP will provide consulting assistance and will also help with set up.

iv. Identify areas where the LAB staff requires special training to fully take advantage of the upgraded law library and provide said training.

CLIN 006 – Goal: Improve the capacity and function of the LAB’s IT unit

The LAB requires computer and IT capacity to electronically manage and support LAB personnel, logistics, legal research, and publication of the legal gazette.

Expected Outcome (IT)

The LAB shall have IT/computer capacity and trained staff to electronically administer and support the management of the office and legal research capacity.

Suggested Outputs

i. In consultation with the LAB’s IT section, assess the LAB’s overall IT needs and prepare and submit a report to INL/Jerusalem and to the LAB with results of this assessment, including a recommended plan to improve IT function that meets the current and reasonably projected needs of the LAB.

ii. Prepare a list of recommended IT equipment.

iii. Although the purchase of agreed IT equipment will be accomplished by INL, the contractor will support installation and any needed training of the LAB staff.

iv. Prepare and submit to INL and the LAB a final IT report which addresses IT steps taken, outcome, and recommendations, if any, for necessary additional support.

CLIN 007 – Goal: Improve government, legal, and public awareness of the LAB

The LAB has made it a priority to increase public, government, academic, and law community knowledge and understanding of the work of the LAB, including the dissemination of the official gazette, which contains new legislation, decrees, regulations, agency actions, and official notices from myriad government agencies.

In particular, the LAB wants to improve public understanding of their rights, their government’s institutions, and their laws. It is expected that the primary implementer to improve public awareness will be the LAB itself. Nonetheless, assistance can be provided to the LAB to develop ordinary practice and special activity that will increase awareness.

Expected Outcome (public awareness)

Public awareness of the role of the LAB in the formulation and communication of laws and regulations will be increased and the public will have greater understanding of their rights and the roles and responsibility of government.

Suggested Outputs

i. In consultation with the LAB’s Public Relations Department, draft a plan that assures public, academic, legal, commercial, and government awareness of the role and function of the LAB. Said plan should also address communication of the official gazette and its content, so as to achieve optimum public awareness of the role of the LAB, as well as government legislation and regulatory activity.

ii. In consultation with the LAB, identify and recommend discrete program initiatives which support increase of public awareness.

When deemed appropriate, suggest program initiatives, perhaps as “Windows of Opportunity,” for INL consideration and contracting approval.

CLIN 008 – Goal: Furnish and equip the LAB’s office space

The office of the LAB is expected to move to greatly expanded and more professional office space. LAB staff currently numbers approximately forty and that number is projected to increase. Appropriate office furniture and equipment for the new facility is required.

Expected Outcome (furniture and equipment)

The LAB office will be equipped with furniture and equipment to support its administrative and professional needs.

Suggested Outputs

i. In consultation with the LAB, develop a proposed procurement list for furniture and equipment to support LAB operations at their new office building. Submit the list to INL/Jerusalem, which will undertake the actual procurement. The contractor shall assist, as needed, in the installation.

C.3 WINDOWS OF OPPORTUNITY

Identify and take advantage of windows of opportunity in furtherance of program goals that may present themselves during the life of the project. The successful offeror will be prepared to respond to changes in circumstances that, with INL approval, require realignment of programming activities so that optimum results are achieved. By way of illustration only, in other projects public and sector surveys were authorized, local government conferences were sponsored, and study trips were authorized.

C.4 REPORTING

Provide periodic reports to INL in accordance with the below.

Table of Reports

Report Type Sequence Description/Purpose Bi-weekly Report to INL Bi-weekly Inform INL on key developments and alert to issues/challenges and staffing report. Electronic.

Quarterly Newsletter Every three months A newsletter to inform USG, internationals and Palestinians on quarterly work and progress. Electronic.

“Fast balls” and other periodic reporting

As needed. Contractor will periodically receive time sensitive requests for information on program activity. Electronic.

Consultant Reports As needed. Submitted by consultants at the end of consultancy to address activities and findings.

Final Report NLT 30 days after completion of the contract.

Summarize major result, problems, successes and recommendations for follow-up activities. Include final data on all metrics / performance measures.

Electronic.

C.5 WORK PLAN

Within thirty days after issuance of a notice to proceed, develop a work plan that sets forth not only how overall LABAP program goals will be attained, including sequencing, meaningful performance metrics and anticipated procurement but also sets forth the plan to assure sustainability of positive program results by the LAB once the LABAP project has concluded. Said work plan will be submitted to INL for approval. The contactor may suggest periodic revisions to the approved work plan to reflect reality, as well as such opportunities/challenges that present themselves. Any revisions to the work plan must be approved by INL.

C.6 TRAINING CURRICULUM / LIBRARY

INL places high value on improving the institutional capacity of Palestinian justice institutions through training that is grounded in existing/appropriate Palestinian law, practice and procedure, as well as conveying best practice and relevant/governing international principles of human rights. To optimize training that is provided in the context of this SOW, the contractor shall maintain an ongoing library of developed training materials, to include: curriculum, lesson plans, power point presentations, handouts and other relevant training material. Where appropriate, material should be prepared and maintained in both English and Arabic. It is anticipated that these training materials will be updated by the contractor as necessary.

To facilitate the broadest positive impact and use of these materials, it is further anticipated that, upon approval of INL, the training materials may be shared with relevant Palestinian justice agencies, as well as other international donors/implementers.

These materials are the property of INL, will be shared with INL as they are finalized , and the contractor shall, not later than fifteen days prior to conclusion of the task order, present to INL an electronic copy of the final training library.

C.7 PERFORMANCE METRICS AND MONITORING

Strategic programmatic goals and objectives with identified measures that can help describe performance/accomplishments and inform programmatic changes are critical. In furtherance thereof, the offeror shall set forth their proposed approach to measure progress and monitor program impact. Offerors are encouraged to suggest evaluation metrics/indicators based upon the offeror’s experience and best judgment.

A formal M&E plan will be submitted by the implementer 45 days after issuance of notice to proceed.

C.8 VETTING

Contractors should be aware of applicable vetting requirements, pursuant to the Leahy Law (section 620 M of the Foreign Assistance Act of 1961, as amended), as well as Foreign Terrorist Organization vetting, pursuant to section 559(b) of the Foreign Operations, Export Financing and Related Appropriations Act, 2006, P.L.

109-102, made applicable to the State Department through Revised Continuing Appropriations Resolution 2, P.L. 110-116, through December 14, 2007, and the U.S. Consulate General, Jerusalem’s vetting policy. Any non-American recipients of U.S. government assistance will have to clear appropriate vetting before engaging work for LABAP and before benefiting from training or any other program assistance. Program implementation may/will be affected by these vetting requirements and proposed timelines should be adjusted to factor the time needed to complete vetting (up to 90 days). INL/Jerusalem can provide additional information, as needed, and will work with the implementing contractor to be sure that applicable U.S. vetting laws are followed.