Sol_72052023R00002 - Guatemala GBV Activity - 02.02.2023.pdf

Subject: Request for Proposal (RFP) No. SOL-

72052023R00002

Activity Name: GENDER BASED VIOLENCE PREVENTION AND

RESPONSE ACTIVITY

Date of issuance: February 2, 2023

Questions due: February 16, 2023 at 10:00 am, Guatemala time To e-mail: guatemalaproposals@usaid.gov

Proposals due date & time: March 6, 2023 at 3:00 pm, Guatemala time To e-mail: guatemalaproposals@usaid.gov

NAICS Code: 5416 90 –Other Scientific and Technical Consulting

Services

USAID Authorized Geographic Code for Procurement of Goods And Services: 937 – (The United States, the recipient country, and developing countries other than advanced developing countries, but excluding any country that is a prohibited source)

The United States Agency for International Development (USAID) Guatemala/Office of Acquisition & Assistance intends to award a Cost-Plus Fixed Fee Completion Type Contract to implement the Gender Based Violence Prevention and Response Activity.

You are invited to submit a proposal in accordance with the requirements of the RFP. This procurement will be conducted through full and open competition, under which any type of organization [large or small commercial (for profit) firms, educational institutions, non-profit organizations] is eligible to compete. The procedures set forth in FAR Part 15 will apply. The Government anticipates an award of a cost-plus fixed fee completion type contract for a period of performance of five years. Cost proposals will be evaluated as a part of a Best Value determination for contract award. This acquisition will be conducted as a two-phased procurement using a voluntary down-selection technique between phases.

Written questions and requests for clarifications for this Request for Proposals may be submitted to guatemalaproposals@usaid.gov no later than the date specified above. The subject line of the email should read: Request for Proposal (RFP) No. SOL-72052023R00002 - request for clarifications.

Contractors are encouraged to read the entire solicitation, which includes the closing date and time, all pertinent contract requirements, and the conditions and instructions required for submitting a proposal.

Proposals will be delivered electronically to the following addresses: guatemalaproposals@usaid.gov Issuance of this solicitation does not obligate the USAID to award a contract, nor will USAID pay any cost associated with the preparation or submission of proposals. Because USAID reserves the right to award a contract without discussions, initial proposals should represent a Contractor’s best proposal.

Thank you for your interest in USAID/Guatemala development programs.

mailto:guatemalaproposals@usaid.gov mailto:guatemalaproposals@usaid.gov mailto:guatemalaproposals@usaid.gov mailto:guatemalaproposals@usaid.gov

Sincerely, /S/ Armando Espinosa Contracting Officer USAID/Guatemala

7. ISSUED BY CODE

Office of Acquisition and Assistance (OAA) USAID/Guatemala 3190 Guatemala Place Washington, DC 20521-3190

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

SOLICITATION

9. Sealed offers in original and -- cero -- copies for furnishings 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 See Section L.4. until 3:00 pm local time 03/06/2023

(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.

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 68

B SUPPLIES OR SERVICES AND PRICES/COSTS 8 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 12 J LIST OF ATTACHMENTS 108

D PACKAGING AND MARKING 21 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 33

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

F DELIVERIES OR PERFORMANCE 34

G CONTRACT ADMINISTRATION DATA 44 L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 134

H SPECIAL CONTRACT REQUIREMENTS 50 M EVALUATION FACTORS FOR AWARD 171

OFFER (Must be fully completed by offeror)

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 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 set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXTENSION

AWARD (To be completed by Government)

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

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) 41 U.S.C. 3304(a) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

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

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

(Signature of Contracting Officer)

28. AWARD DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

72052023r00002

4. TYPE OF SOLICITATION

SEALED BID (IFB)

xNEGOTIATED (RFP)

5. DATE ISSUED

02/02/2023

6. REQUISITION/PURCHASE NUMBER

REQ-520-22-000034

8. ADDRESS OFFER TO (If other than item 7)

10. FOR

INFORMATION

CALL:

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

AREA CODE NUMBER EXTENSION

Contents

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS 8

B.1 PURPOSE 8

B.2 CONTRACT TYPE 8

B.3 ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT 8

B.4 LINE ITEMS 8

B.5 PAYMENT 9

B.6 INDIRECT COSTS (DEC 1997) 10

B.7 COST REIMBURSABLE 10

B.8 FIXED FEE - FAR 52.216-8 (JUN 2011) 10

SECTION C – STATEMENT OF WORK 12

C.1. BACKGROUND 12

C.2. SCOPE 16

C.3. OBJECTIVES 20

SECTION D – PACKAGING AND MARKING 31

D.1 AIDAR 752.7009 MARKING (JAN 1993) 31

D.2 BRANDING AND MARKING PLAN 31

SECTION E – INSPECTION AND ACCEPTANCE 32

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 32

E.2 INSPECTION AND ACCEPTANCE 32

SECTION F – DELIVERIES OR PERFORMANCE 33

F.1 NOTICE LISTING FAR SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 33

F.2 PERIOD OF PERFORMANCE 33

F.3 PLACE OF PERFORMANCE: 33

F.4 PERFORMANCE STANDARDS 34

F.5 AUTHORIZED WORKDAY / WEEK 34

F.6 KEY PERSONNEL 34

F.7 DELIVERABLES AND REPORTING 35

SECTION G – CONTRACT ADMINISTRATION DATA 42

G.1 CONTRACTING OFFICER'S AUTHORITY 42

G.2 TECHNICAL DIRECTION 42

G.3 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID 42

G.4 ACCOUNTING AND APPROPRIATION DATA 43

G.5 CONTRACTING OFFICER 44

G.6 CONTRACTING OFFICER’S REPRESENTATIVE 44

G.7 752.7003 DOCUMENTATION FOR PAYMENT. (NOV 1998) 44

G.8 PAYING OFFICE 45

G.9 AIDAR SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS, (SEPT 2013) 46

SECTION H – SPECIAL CONTRACT REQUIREMENTS 48

H.1 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES 48

H.2 INSURANCE AND SERVICES 48

H.4 AUTHORIZED GEOGRAPHIC CODE 50

H.5 NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION TECHNOLOGY RESOURCES 50

H.6 LOGISTIC SUPPORT 50

H.7 LANGUAGE REQUIREMENTS 50

H.8 SUBCONTRACTING PLAN AND THE SF 294 – SUBCONTRACTING REPORT FOR INDIVIDUAL CONTRACTS

AND SF 295 – SUMMARY CONTRACTING REPORT 50

H.9 EXECUTIVE ORDER ON TERRORISM FINANCING 51

H.10 REPORTING OF FOREIGN TAXES (July 2007) 51

H.11 PROHIBITION AND ASSISTANCE TO DRUG TRAFFICKING 52

H.12 GRANTS UNDER USAID CONTRACTS 52

H.13 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY 53

H.14 USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004) 53

H.15 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION 53

H.16 TRAVEL TO GUATEMALA 55

H.17 ENVIRONMENTAL COMPLIANCE AND MANAGEMENT 55

H.18 CONTRACTOR’S STAFF SUPPORT, ADMINISTRATIVE AND LOGISTICS ARRANGEMENTS AND LEGAL

REGISTRATION IN THE COOPERATING COUNTRY 57

H.19 GOVERNMENT FURNISHED FACILITIES OR PROPERTY 58

H.20 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY 58

H.21 ELECTRONIC PAYMENTS 58

H.22 PURCHASE OF RESTRICTED GOODS 59

H.23 CONSENT TO SUBCONTRACT 59

H.24 PRESS RELATIONS 59

H.25 ADS 302.3.5.22 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL) (OCTOBER

2014) 60

H.26 USAID-FINANCED THIRD-PARTY WEB SITES (NOVEMBER 2017) 61

H.27 RESTRICTIONS AGAINST DISCLOSURE (MAY 2016) 62

H.28 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (APRIL 2018) (DEVIATION NOs. M-

OAA-DEV-FAR-22-03c and M-OAA-DEV-AIDAR-22-06c) 63

H.29 SECURITY CONDITIONS 64

H.30 SECURITY REPORTING 64

H.31 PROHIBITION OF ASSISTANCE TO A LAW ENFORCEMENT FORCES IN GUATEMALA 64

H. 32 APPLICABLE FACTS & RATIONALE FOR INSTRUMENT SELECTION 65

H.33 FAR PART 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (SECTION 889) (DECEMBER 2021) 66

SECTION I – SOLICITATION PROVISIONS AND CONTRACT CLAUSES 67

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998) 67

I.2. NOTICE LISTING CONTRACT CLAUSES INCORPORATED IN FULL TEXT 71

L.3 AIDAR CLAUSES INCORPORATED BY REFERENCE 107

I.4 AIDAR CLAUSES INCORPORATED IN FULL TEXT 109

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 114

J.1 BRANDING AND MARKING – GUIDANCE AND TEMPLATE 115

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS 125

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 125

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (MAY 2022) 125

K.3 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR. (JUL 2016) 129

K.4 52.204-20 PREDECESSOR OF OFFEROR. (JUL 2016) 130

K.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021) 131

K.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (OCT 2015) 133

K.7 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (JUL 2013) 135

K.8 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016) 136

K.9 52.209-12 CERTIFICATION REGARDING TAX MATTERS. (OCT 2020) 137

K.10 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. (FEB 1999) 137

K.11 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 137

K.12 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION. (JUN 2020) 138

K.13 52.230-7 PROPOSAL DISCLOSURE-COST ACCOUNTING PRACTICES CHANGES. (APR 2005) 140

K.14 INSURANCE - IMMUNITY FROM TORT LIABILITY 140

K.15 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS 140

K.16 AUTHORIZED NEGOTIATORS 141

K.17 SIGNATURE 141

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 142

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. 142

L.2 SOLICITATION PROVISIONS INCORPORATED IN FULL TEXT 142

L.3 GENERAL INSTRUCTIONS TO OFFERORS 150

L.4 DELIVERY INSTRUCTIONS 151

L.5 PROPOSAL SUBMISSION 152

L.6 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL PROPOSALS 153

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL 158

SECTION M – EVALUATION FACTORS FOR AWARD 179

M.1 GENERAL INFORMATION 179

M.2 TECHNICAL EVALUATION CRITERIA 179

M.4 EVALUATION OF COST PROPOSAL 183

M.5 SOURCE SELECTION 183

M.6 DETERMINATION OF THE COMPETITIVE RANGE 183

M.7 CONTRACTING WITH SMALL BUSINESS CONCERNS AND DISADVANTAGED ENTERPRISES 184

M.8 BEST VALUE 184

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this Contract is to reduce the negative social and economic impacts of Gender Based Violence in targeted areas of Guatemala, contributing to longer-term stability of the country, aligned with United States national security objectives. The period of performance is five years.

B.2 CONTRACT TYPE

This is a Cost-Plus Fixed Fee Completion Contract. For the consideration set forth in the Contract, the Contractor will provide the deliverables or outputs described in Sections C and F and comply with all Contract requirements. The Contractor must perform the services set forth in Contract at prices consistent with Section B of this contract.

B.3 ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT

(a) Period of Performance – 5 years

(1) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is __________. The fixed fee, if any, is ________. The estimated cost plus fixed fee, if any, is __________.

(2) Within the estimated cost plus fixed fee (if any) specified in paragraph (a)(1) 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 __________. The Contractor shall not exceed the aforesaid obligated amount.

(b) Funds obligated hereunder are anticipated to be sufficient through ____________.

(c) Obligated amount: Within the estimated Cost Plus Fixed Fee (if any) specified above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor for performance of the contract period hereunder is [$TBD]. The Contractor shall not exceed the aforesaid obligated amount unless authorized by the Contracting Officer pursuant to the clause of the contract entitled Limitation of

FUNDS- FAR 52.232-22.

B.4 LINE ITEMS

(a)

The Total Estimated Cost of this contract is within the following range: $40,000,000 to $49,900,000.

The estimated cost for the 5-year contract is [TBD upon award].

The summary budget for the life of the contract is as follows:

Direct Labor (including fringe) $____TBD_______

Other Direct Costs* $ ___TBD_______

Grants under Contracts ** $__10,000,000___

Indirect Costs $___TBD _______

Fixed Fee $___TBD_______

Ceiling Price $___TBD_______

* Other Direct Costs include: [TBD] **A total of $10.0 Million have been approved for Grants under Contracts for this project, which should be distributed across the five years of the contract.

NOTE: The Contractor will not be paid any sum in excess of the ceiling price. The only person authorized to commit or obligate additional funds is the Contracting Officer. Incurrence of costs in excess of the total amount obligated based on directions received from any individual other than the Contracting Officer and without prior Contracting Officer’s approval, shall not be reimbursed to the Contractor.

B.5 PAYMENT

The Contractor must submit invoices to the payment office indicated on the cover page of the Contract. Each invoice must be emailed and submitted on an SF-1034 Public Voucher for Purchases and Services Other Than Personal to the Financial Management Office/USAID/Guatemala. One copy of the voucher and the invoice must also be submitted to the Contracting Officer’s Representative (COR).

Electronic submission of invoices is encouraged. The SF-1034 must be signed, and it must be submitted along with the invoice and any other documentation in Adobe.

The paying office is:

USAID/San Salvador 3450 San Salvador Place Washington, DC 20521-3450 guatevouchers@usaid.gov and guatemalacashmgmt@usaid.gov mailto:guatevouchers@usaid.gov mailto:guatemalacashmgmt@usaid.gov

B.6 INDIRECT COSTS (DEC 1997)

For the Prime Contractor:

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

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

For Major Subcontractor(s):

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

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

A “Major Subcontractor” is a subcontractor that is deemed critical by the offeror in achieving the objectives and tasks in the contract.

B.7 COST REIMBURSABLE

The U.S. dollar costs allowable will 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 FIXED FEE - FAR 52.216-8 (JUN 2011)

USAID paying office ordinarily pays the Contractor a percentage of a fixed fee that directly corresponds to the percentage of allowable costs being paid. Two exceptions to paying fixed fee in this manner apply:

(a) If the CO determines that this method results in paying a disproportionately higher ratio of fixed fee than the percentage of work that the Contractor has completed, then the CO may suspend further payment of any fixed fee until the Contractor has made sufficient progress to justify further payment, up to the agreed percentage.

(b) The clauses entitled "Allowable Cost and Payment" (FAR 52.216-7) and "Fixed Fee" (FAR 52.216-8) are incorporated into this contract. The terms and conditions of these clauses apply after total payments of fixed fee reach eighty-five percent (85%) of the total fixed fee.

[END OF SECTION B]

SECTION C – STATEMENT OF WORK

Gender Based Violence Prevention and Response Activity (Project)

Statement of Work

C.1. BACKGROUND

The Issue. Gender-based violence (GBV) is a human rights violation, a public health challenge, and a barrier to civic, social, political, and economic participation. Aside from degrading the dignity and health of those that experience it, GBV in Guatemala undermines the social and economic stability of the country and United States national security interests. Gangs use sexual violence as a strategy to control territories and intimidate communities that further erode national security.1 And for many who already live under strained economic and social conditions, GBV is a trigger which pushes women, youth, and LGBTQI+ to leave their homes, draining the country of rich human capital, weakening social and economic safe-guards, and creating opportunities for malign actors to exploit. Research shows that countries with the worst track records on violence against women are breeding grounds for terrorism and violence.2

Despite efforts by the Government of Guatemala (GoG), local, and international organizations to address these issues, violence against women remains one of the biggest challenges facing Guatemala. In 2020, 58,060 complaints for violence against women were filed in the Public Ministry at the national level, making it the number one most reported crime in Guatemala3. Women’s homicide rate in Guatemala is 2.3 times higher than the average in Latin America and 4.7 times higher than the global average. Gender-based violence has become a push factor for women and children migrating to the US4.

Challenges and Opportunities. Through an extensive consultation process with a wide variety of key stakeholders, a number of existing gender gaps and barriers to GBV services have been identified. The underlying determinants which enable and trigger GBV in Guatemala are multi-dimensional. Addressing these determinants will require working across social, economic, justice and security sectors.

1 Infosegura - PNUD/RBLAC, 2020. La Cara Escondida de la Inseguridad: Violencia Contra las Mujeres en Centroamérica y República Dominicana. [online]

Retrieved: https://infosegura.org/la-cara-escondida/assets/VCM.pdf

2 Corrine, Mason. Global Violence Against Women as a National Security "Emergency", 2013. The Johns Hopkins University Press.

https://www.jstor.org/stable/43860686?seq=1 3 Public Ministry, Women’s Observatory. Report Guatemala 2020 [online] Retrieved: http://observatorio.mp.gob.gt/portal-estadistico/

4 Sexual and Gender-Based Violence (SGBV) & Migration Fact Sheet [online], 2018. Accessed: 10. September 2019. Retrieved z:

https://supportkind.org/wp-content/uploads/2019/02/SGBV-Fact-Sheet.-December-2018-new-1.pdf https://infosegura.org/la-cara-escondida/assets/VCM.pdf https://www.jstor.org/stable/43860686?seq=1 http://observatorio.mp.gob.gt/portal-estadistico/ https://supportkind.org/wp-content/uploads/2019/02/SGBV-Fact-Sheet.-December-2018-new-1.pdf

● Social

○ GBV is normalized and accepted. Guatemala has a predominant patriarchal society, reinforcing cultural mindseT, norms, inequality and exclusion.

○ GBV is used by gangs to control territories and intimidate communities.

○ On May 12, the Constitutional Court (CC) overturned, through a unanimous resolution, a temporary injunction from March 2, 2020 that halted implementation of controversial legislation that affects non-governmental organizations (NGOs). The new law adds additional registration and reporting requirements for NGOs, including developmental organizations that receive funding from international organizations, and gives the Guatemalan government the right to cancel any

NGO that fails to comply with the new regulations or that the Guatemalan government assesses disturbs the public order. It is not clear what standards the Guatemalan government will use to determine if the social order was disturbed. NGOs are an essential part of the implementation process of USAID’s activities. The new law is currently in effect, it has been challenged constitutionally but until the CC rules otherwise, NGOs will have to comply with the new law and its regulations.

○ The advocacy for the recognition of the human basic rights for LGBTQI+ populations is a sensitive topic, and they face violence based on their sexual orientation or gender identity.

● Economics

○ Increased cost in health, education, and security expenses for the GoG.

○ Single parenting is a heavy burden for families and communities.

○ Loss of earnings and tax revenues due to missed days at work or impossibility to obtain employment.

○ Victims of GBV seek relief by migrating irregularly to the U.S. or other countries, creating a loss of human capital for Guatemala and increased burden to other countries.

○ LGBTQI+ face discrimination in professional settings, pushing them to hide their sexual orientation or gender identity to get or maintain employment.

● Justice System. The alarming rates of GBV are matched by equally alarming rates of impunity. Despite efforts to combat these crimes, a lack of access to legal justice, as a mechanism for crime deterrence and protection for women reflects high impunity against crimes committed against women, adolescent girls, children, and the LGBTQI+ community. Recently, when an influential LGBTQI+ leader was murdered in

Guatemala, national media outlets only briefly covered the assassination and as of today there are no results in the investigation process. Moreover, only in the first six months of 2021, 13 members of the

LGBTQI+ community have been killed, five of them were transgender women. In Quetzaltenango in the last 4 years, over 500 cases of violence LGTBIQ+ community were reported resulted in zero sentences.5

When victims do attempt to act and report a GBV-related crime, they are revictimized by going through a lengthy and bureaucratic process in order to report a crime. When the victims are from a vulnerable group, such as Mayan, Garifuna, Xinca, sexual diversity, people with disabilities, among others, they face multiple forms of discrimination. The revictimization is greater by a double standard and mistreatment

5 REDNADS, LGBTIQ Observatory. 2021 [online] Retrieved:https://sinviolencia.lgbt/lgbti-rights-in-guatemala/ https://sinviolencia.lgbt/lgbti-rights-in-guatemala/ due to their race, native language, social status, disability, gender identity or sexual orientation. And, in the end, justice is rarely delivered. Of the more than 40,000 complaints that were filed in 2020, only 20 percent were resolved in comparison to 35 percent of homicides cases resolved6. Data from the Integrated

Justice System reveal that crimes committed against women take three times the time to be solved than other crimes7. The investigation process on GBV cases is weak due in part to the overwhelming number of cases being reported and lack of resources to address them. The stakeholders consulted during this project’s design process highlighted the lack of disaggregated data, and reliable information provided by institutions such as the Public Ministry, Supreme Court and National Civilian Police. There is a great need to have a centralized information system that will capture all cases in order to avoid re-victimization and an efficient response to these cases. Strengthening the communication and coordination among government institutions that are responsible for the investigation, prosecution, and adjudication of gender-based violence cases is critical.

● Political. One of the most prevalent barriers is the lack of knowledge and awareness about gender issues, particularly GBV, among the government officials and staff appointed to institutions which provide GBV services. Another important barrier identified was government funding and resources available to respond to GBV. It is critical that the GoG demonstrates political will to confront GBV by providing the resources needed to prevent, respond, prosecute, and address GBV. Institutions such as the Presidential Secretariat of Women (SEPREM), the Office for the Defense of Indigenous Women, the Solicitor’s Office (PGN) and the

Ombudsman’s Office lack the support, resources, and staff needed to respond to victims' needs. There is a great barrier to access to services for victims of gender-based violence, specially at the community and municipal level. LGBTQI+ persons who are victims of attacks, or rape, don’t have the formal protocols to process the crimes committed against them nor the guidance to receive the care and treatment that recognizes their sexual orientation, or addresses their specific health and mental health concerns. Most basic services are highly centralized, and the lack of resources, transportation, and gender-based support create and increase an underreporting problem. For example, in Livingston, Izabal there are four police officers, and only one female officer, for over 20,000 habitants. Victims of gender-based violence often need to travel several hours to report a crime and receive services and, oftentimes, services lack cultural pertinence. The staff at these locations must be expanded, trained and sensitized, and most importantly, be able to speak the local language and understand the local culture and norms.

COVID-19 pandemic has exacerbated the situation for thousands of people living across Guatemala. Mobility restriction, lack of public transportation, and reduced government services prevented many women from accessing justice services. In the first quarter of 2020, the Public Ministry reported 68 femicides and 7,941 complaints of violence against women. In comparison, 221 femicides and 28,149 complaints of violence against women that were registered within the first four months of 2021. In addition, necessary lockdowns in

2021 to reduce risk of COVID-19 contamination forced many victims to stay indoors with their aggressors.

6 CSJ, Anuario Estadístico, 2019. http://www.oj.gob.gt/estadisticas/Anuario-2019.pdf 7 CICIG, Integrated Justice System. Report 2019 [online] Retrieved: https://www.cicig.org/noticias-2019/resultados-en-casos-de-femicidio-y-violencia-contra-la-mujer/

Relationship to USAID/Guatemala CDCS, Root Causes Strategy and Other USG Strategies. In August 2020, USAID approved the USAID/Guatemala Country Development Cooperation Strategy for 2020-2025, which lays out a long-term development program with a specific focus on the most underserved and excluded populations, including youth, indigenous populations, and women. Specifically, this Project will contribute directly to USAID/Guatemala

DO 3: Improved Justice and Security to Reduce Illegal Migration to the United States and IR. 3.1. Strengthened ability to address crime and violence, as well as DO 2: Partner with the GoG and other stakeholders to strengthen effective and accountable governance to improve quality of life and deter illegal immigration, by increasing provision and centralization of services. In addition, this Project must meet USAID/Guatemala requirements for inclusive development outlined in the CDCS, the Inclusive Development Mission Order, the Indigenous People’s

Engagement Strategy, Youth in Development Policy, and others such as the Gender Equality and Women’s

Empowerment Policy, racial equality executive order, disability and LGBTQI+ inclusive development, non-discrimination, equal employment opportunity and diversity. This Project will focus on the elimination of gender-based violence. However, this goal cannot be isolated from the others, especially increasing women’s and other vulnerable populations' economic empowerment.

In alignment with the CDCS, USAID/Guatemala supports locally driven, locally-owned development. As such, USAID/Guatemala and this Project are intended to be enablers, catalyzers, and facilitators of change by working with and through local actors and systems. As such, the Project should use USAID’s convening power to bring together stakeholders to develop solutions to challenges, coordinate joint and collective action among stakeholders, and facilitate development of new partnerships across government, civil society, and private-sector stakeholders. While the Project may deliver technical and financial assistance to local stakeholders and partners, the delivery of any direct assistance must be linked to a sustainability plan to ensure those resources go towards building long-term capacity intended to extend beyond the life of the Project.

Following the guidelines established in the USAID ADS 205, which is aligned with the Public Law 115-428, the

Women’s Entrepreneurship and Economic Empowerment Act (WEEE Act) of 2018, which lays the foundation for a series of activities in different sectors and fields, including citizen security and democracy activity to advance equality and inclusion of the most vulnerable populations. In addition, this activity will contribute to the Young

Women's Empowerment Initiative announced by U.S. Vice President Kamala Harris.

This Project will answer the call by the Biden Administration’s Executive Order8 to Address the Root Causes of

Irregular Migration in Central America and the recently released Roots Causes Strategy, specifically Pillar V, which calls for Collaboratively Managing Migration in the Region through combating sexual, gender-based, and domestic violence.

On Oct 22, 2021 The White House released the National Strategy on Gender Equity and Equality, and established the Gender Policy Council, which will be developing the aforementioned Strategy, which aims to advance gender equity and equality in domestic and foreign policy. The strategy identifies ten priorities, which are also part of this SOW, including but not limited to: economic security; gender-based violence; health and education; justice and

8https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-creating-a-comprehensive-regional-framework-to-address-the-causes-of-migration-to-manage-migration-throughout-north-and-central-america-and-to-provide-safe-and-orderly-processing/ https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf immigration; human rights and equality under the law; democracy, participation and leadership. The activity will address some of these priorities to strengthen the promotion of gender equity and quality.

Finally, On December 12, 2022, following the annual 16 Days of Activism Against Gender-Based Violence, the United States launched the updated U.S. Strategy to Prevent and Respond to Gender-Based Violence Globally (Global GBV Strategy). The Global GBV Strategy is a guiding, interagency policy document that informs U.S. foreign policy and assistance in preventing and responding to gender-based violence (GBV) across three pillars: I) Focusing on Gender and At-Risk Populations; II) Integrating GBV Prevention and Response Across Sectors; and III) Strengthening Our Efforts.

C.2. SCOPE

Project Goal and TOC

The goal of this Project is to reduce the negative social and economic impacts of GBV in targeted areas of

Guatemala, contributing to longer-term stability of the country, aligned with United States national security objectives.

The Project will realize this through programming aligned with an evidence-based Theory of Change (TOC). This

TOC was informed by learning generated from stakeholder consultations in the design of this Project, desk review, and learning from past programming.

Specifically:

● GBV and intra-family violence is a preventable and an intergenerational phenomenon.

● GBV is widespread in Guatemalan society and in many communities, treated as a social norm.

● Victims and victims' families' access to support services is severely limited and centralized.

● When people have access to support, they use it and expect an immediate response.

● Matching appropriate “treatment” to targeted, risk differentiated groups - known as the public health model - is more effective than a one-size fits all approach.

● GBV depresses social, political, and economic participation of the victims and their families.

● Victims who become socially and economically engaged are better equipped to protect themselves and their families from GBV and re-victimization.

● Violence against women is perpetuated, in part, because there are no real social or legal consequences for those that commit the crimes and the system reproduces the violence, e.g. child-mothers are forced to take care of their children instead of allowing them to recover from their trauma.

● GBV victims from the LGBTQI+ population, indigenous, and other vulnerable groups face additional barriers in access to legal and recovery services.

Based on this learning, the Project Theory of Change (TOC) is:

● IF a majority of Guatemalans recognize the different modalities of GBV as a transgression, and https://www.state.gov/reports/united-states-strategy-to-prevent-and-respond-to-gender-based-violence-globally-2022/ https://www.state.gov/reports/united-states-strategy-to-prevent-and-respond-to-gender-based-violence-globally-2022/

● IF peers, family members, and community members become actively involved in taking a stand-against intra-family and GBV in their families and communities; and

● IF government, civil society, and private sector more effectively work together in responding to the needs of GBV victims; and

● IF more cases are prosecuted and there are real consequences, including legal repercussions for those that commit GBV;

THEN

● survivors and their family members will have access to the social, economic, and legal support to stand-up against, survive, and recover from GBV; and

● more survivors come forward and take action to break the cycle of violence; and

● survivors of GBV have full participation as equal contributors to the social and economic health and success of their families and communities contributing to the national security of Guatemala and the

United States.

The Project has four primary areas of programming: 1) Increase the prevention of GBV at the community, municipal and national levels; 2) Increase the capacity of GoGs institution and other stakeholder to respond more effectively, including the decentralization and expansion of legal services and models, like the integrated model of attention, MAIMI, 3) Increase the recovery and empowerment of GBV survivors through enhanced secondary prevention services, and access to economic and employability opportunities; and 4) Support research and analysis of GBV and its impact on development, U.S. national security and migration.

Role of the Project and USAID.

In alignment with the CDCS, USAID/Guatemala supports locally driven, locally-owned development. The

Contractor must represent this commitment by taking on the role of an enabler, catalyzer, and facilitator of change. As such, the Project should use the convening power of USAID to bring together stakeholders to develop solutions to challenges, coordinate joint and collective action among stakeholders, and facilitate development of new partnerships across government, civil society, and private-sector stakeholders. The Project will deliver technical and financial assistance to local stakeholders and partners, including a Grants under Contract (GUC) component to empower local organization and community focused groups, including women and youth led organizations, LGBTQI+, Mayan, Xinca, Garifuna, and people with disabilities among others. The delivery of any financial or technical assistance must be linked to a sustainability plan to ensure those resources go towards building long-term capacity intended to extend beyond the life of the activity. Reference to the Localization section (Page #24) for more information.

Implementation Principles.

The Contractor must design and implement programming to realize the Project TOC in support of the following implementation principles:

● Gender Approach: Addressing the elements that affect men and women, disaggregating information and targeting strategies based on sex, gender identity and sexual orientation. Encouraging new masculinity norms and gender equity principles. Providing a broader definition for men and women, going beyond of the cisgender definition91011.

● Localization-focused. Working with and through local actors, leveraging local capacities and resources to address development challenges.

● Partnership-driven. Project must engage public and private sector stakeholders to strengthen existing and develop new partnerships and alliances which advance the objectives of this Activity and achieve the desired results. These partnerships must adhere to the USAID/Guatemala Private Sector Engagement

Action Plan and USAID Private Sector Policy.

● Technology-leveraging. The contractor must include the principles for Digital Development, and USAIDs

Digital Strategy to improve technology systems in all objectives, be innovative in order to engage youth and other stakeholders that can contribute to the advancement of the objectives in this scope of work.

This must include mapping and location reporting, to increase effectiveness and reduce working in silos.

● Culturally Appropriate. The Project must seek meaningful and intentional engagements with Indigenous

People and their organizations and communities, integrate cultural pertinent approaches, increase cultural sensitivity, and encourage social inclusion.

Beneficiary and Geographic Targeting.

This Project will specifically target the most vulnerable populations nationwide, including women, indigenous people, including Maya, Xinka, and Garifuna, at-risk youth and LGBTQI+groups. The Project must provide access to violence prevention interventions, justice, legal and recovery services, as well as increasing the capacity of GoG institutions and local (including traditional ones, such as midwives), municipal, national and international service providers. The activity will tailor specific interventions according to the most prevalent needs of specific regions in the country. The targeted communities will include but not limited to border zones with Mexico, El Salvador, and

Honduras to become resilient, empowered, and informed of their rights, and make a positive change in their lives and communities to break the cycle of violence.

In addition, the Project will respond to the guidelines outlined in the Inclusive Development Mission Order including, gender equality and female empowerment, disability and LGBTQI+ inclusive development, non-discrimination, equal employment opportunity and diversity. In Central America and the region GBV has become one of the causes of irregular migration to the United States12.

Since the main goal of this Project will be the prevention of gender-based violence, women’s economic empowerment, provision of cultural pertinent and inclusive services for all victims of gender-based violence, the contractor must be intentionally proactive in promoting the values of social inclusion, justice, and gender equality in programming across objectives. The Contractor must work to institutionalize these values with all partners, so

9 Gender Equality and Women’s Empowerment 2020 Policy (usaid.gov)

10 UN Free & Equal | Definitions (unfe.org)

11 Microsoft Word - FINAL COPY EDIT LGBT Vision for Action 5-13-14 (usaid.gov)

12 https://www.unhcr.org/en-us/publications/operations/5630f24c6/women-run.html https://www.usaid.gov/sites/default/files/documents/1865/usaid_psepolicy_final.pdf https://digitalprinciples.org/ https://www.usaid.gov/usaid-digital-strategy https://www.usaid.gov/sites/default/files/documents/USAID_GenderEquality_Policy_MT_WEB_single_508.pdf https://www.unfe.org/definitions/ https://www.usaid.gov/sites/default/files/documents/1861/LGBT_Vision_For_Action_May2014.pdf https://www.unhcr.org/en-us/publications/operations/5630f24c6/women-run.html that they adhere to the guidelines that allow for equal and prompt services to all vulnerable populations. In addition, the Contractor must realize this work across Guatemala’s rich cultural systems and structures, promoting communication and coordination between the government’s institutions and indigenous, Mayan, Garifuna, Xinca, and Chorti authorities.

Alignment with other Strategies, Objectives, and Programming USG Strategies and Initiatives.

The Project programming must align to, and coordinate with a number of stakeholder interests, strategies, objectives and programming. Most significantly, the Project must align with the new Executive Order (EO) issued by President Biden to Address the Root Causes of Migration (“Root Causes Strategy''). The Project must demonstrate in both design and results how it aligns with and contributes to addressing the underlying factors leading to migration in the region and ensure coherence of United States Government (USG) positions.

The proposed objectives of this Project will support USG national security priorities in Guatemala by advancing rule of law, promoting respect for human rights and combating sexual, gender-based and domestic violence.

Other USAID Project/Activities and USG Entities. Because of the intersection of social, economic, and legal spheres in the Project, the Contractor must coordinate with other USAID funded activities that work at the national, municipal and community levels. Coordination may include alignment or layering of interventions covering same geographies or beneficiaries, shared baselines, co-development of new interventions, collaboration on learning agenda actions and initiatives to support the capacity and commitment of the GoG. Key Activities and possible areas of collaboration include but not limited in Table 1 below:

Table 1.

Project/Activity Area of Coordination

Justice and Transparency Project

Access to legal services to investigate, prosecute and adjudicate GBV and intra-family violence crimes.

PASMO Care and treatment services for victims of GBV and intra-family violence.

National Institutional Strengthening Project

Ensure transparency and correct use of funds and budget allocation for the prevention and response to GBV.

Tejiendo Paz Prevention of GBV at the community and municipal level, women's political participation and leadership in conflict resolution, and access to services.

Addressing violence that LGBTIQ+ individuals suffer in targeted areas in the Western Highlands.

Urban Municipal Governance

Prevention of GBV at the community and municipal level.

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-creating-a-comprehensive-regional-framework-to-address-the-causes-of-migration-to-manage-migration-throughout-north-and-central-america-and-to-provide-safe-and-orderly-processing/ https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf

Community Roots Prevention of GBV, economic empowerment of victims and survivors at the community and municipal level

Creating Economic Opportunities

Employment pathways and other opportunities for families at high-risk of violence and GBV survivors through engagement with the private sector.

Nexos Locales Economic empowerment of women at the municipal level, access to services.

IPARD Economic, social, and political empowerment of indigenous women.

Upcoming El Refugio de la Niñez

Access to legal, shelter and recovery services for GBV (sexual violence, TIP, intra-family violence) victims

Bilateral Addressing the Root Causes of Migration project

GBV prevention and response to reduce irregular out migration to the US, access to emergency services, shelter and psychosocial therapy services.

Transform Yourself, Women Free From Violence Program (TRANSFORMATE)

Strengthen Guatemalan communities to be free of GBV and resilient to socio-economic, political, and environmental shocks through strengthening protections and opportunities for women and girls.

Electoral Governance and Reforms Project -

EGRP/CEPPS

Analysis of legal reforms and presentation of law initiatives.

In addition, the Project will coordinate with other USG agencies, such as the Bureau of International Narcotics and

Law Enforcement Affairs (INL), USAID’s Bureau of Humanitarian Assistance (BHA), the State Department, United

States Customs and Border Patrol (CBP), among others.

Government of Guatemala.

The Project will continue supporting activities to prevent and respond to GBV in the context of “La Ruta: Reunion

Entre Pueblos”, a GoG led initiative, which is a priority for the USG. In addition, the Project will measure the political will of GoG institutions to promote and create the necessary reforms to advance the deterrence of GBV, including allocation of budget, transparency, increase capacity of government officials, among others.

C.3. OBJECTIVES

The Project aims to support women, children, adolescents, and other vulnerable groups victims of gender-based violence and intrafamily violence in targeted communities with high rates of violence and out-migration to the

United States.

USAID/Guatemala will continue to build on the successes achieved under previous projects/activities, working towards the reduction of gender-based violence, including prevention, response, and the provision of essential services to victims. In addition, this Project will include the element of economic empowerment of victims, to support their financial literacy and independence in their journeys to a peaceful and productive lives. Moreover, there will be a comprehensive component to include the research and analysis of the phenomenon.

USAID, through this Project, will continue creating public private partnerships on development issues including gender-based violence. The project is encouraged to increase leverage and continue building current and new alliances in support of any of the objectives under this SOW.

The Contractor must work towards the following objectives:

Objective 1: Prevention of GBV at community, municipal and national levels increased.

Objective 2: Response to GBV strengthened by increasing capacity of key stakeholders.

Objective 3: Recovery and empowerment of GBV victims and survivors increased.

Objective 4: Improved Research and Analysis of GBV and its impact on development, national security, and migration.

I. OBJECTIVES AND RESULTS:

Objective 1: Prevention of GBV community, municipal, and national levels increased

Objective 1 aligns firmly with elements of the TOC related to building local knowledge, increasing awareness, and strengthening safety nets for victims and their families by empowering communities to become active agents of change to prevent GBV. USAID has focused its efforts on supporting primary and secondary prevention activities at the community, municipal and national levels in at least 170 targeted municipalities selected based on official statistics on GBV crimes reported, rates of crime and irregular migration, among other factors. The Project must build off efforts across sectors to address social, environmental, and structural determinants of gender-based violence, improving the lives of victims, and changing perceptions to increase awareness to counter GBV.

The Project must lead behavior change activities to promote behavior change, support community and municipal organizations leading GBV prevention activities, and strengthen the capacity of local organizations, private sector, and government entities to build household and community resilience against the stressors that can trigger GBV.

The Contractor must propose innovative approaches that will lead to the prevention of GBV that include behavior change, social norms and promotes individuals and communities that do not tolerate gender-based violence and that support healthy relationships, inclusion, diversity and gender equality. At the same time the contractor must use the Crime Prevention Through Environmental Design (CPTED) methodology to increase safe public spaces to prevent GBV.

Sub-IR 1.1: Community perceptions on GBV and awareness improved https://www.cpted.net/%20https:/drive.google.com/file/d/1T7k5Erjl5zyzxXEMHDDsxjfn_NA2awaM/view

The Project must work to shift deeply ingrained attitudes, beliefs and behaviors that contribute to high levels of

GBV in Guatemala. The Contractor must take a strategic public health approach, which aims to define the problem, identify risk and protective…