Sol_72052320R00001 FINAL.pdf

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

72052320R00001

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 161

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)10. FOR

INFORMATION

CALL:

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.

(Date)(Hour) local timeuntildepository located in 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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

02/24/2020 X

GUATEMALA

UUSAID/Mexico (US Embassy)

Office of Acquisition and Assistance (OAA)

Paseo de la Reforma 305, Cuauhtemoc, Mexico City, Mexico 06500

5:00 p.m. 03/25/2020

A. NAME

Adam B. Cox

C. E-MAIL ADDRESS

PAGE(S)

26. NAME OF CONTRACTING OFFICER (Type or print)

Adam B. Cox

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97) Prescribed by GSA - FAR (48 CFR) 53.214(c)

REQ-523-20-000003

dperlman Typewritten Text

SOL 720523R00001

Human Rights Accountability Activity

USAID/Mexico

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES/PRICES

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT

B.4 CANCELLATION CEILING

B.5 PAYMENT

B.6 INDIRECT COSTS (DEC 1997)

B.7 COST REIMBURSABLE

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

B.9 PAYMENT OF FIXED FEE

SECTION C – DESCRIPTION/SPECIFICATIONS

C.1 PURPOSE

C.2 BACKGROUND

C.3 SCOPE

C.4 KEY OUTCOMES WITH INDICATORS AND TARGETS

C.5 GEOGRAPHIC FOCUS

C.6 OBJECTIVES

C.7 CROSS-CUTTING

C.8 GENERAL PRINCIPLES AND GUIDANCE

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERABLES AND PERFORMANCE

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

F.2 DELIVERABLES

F.3 ENVIRONMENTAL COMPLIANCE

F.4 PERFORMANCE STANDARDS

F.5 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS

(SEPTEMBER 2013)

F.6 752.242-70 PERIODIC PROGRESS REPORTS (OCTOBER 2007)

F.7 KEY PERSONNEL

F.8 PLACE OF PERFORMANCE

F.9 PERIOD OF PERFORMANCE

F.10 752.7034 ACKNOWLEDGMENT AND DISCLAIMER. (DEC 1991)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S AUTHORITY

G.2 TECHNICAL DIRECTION

USAID/Mexico

G.3 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.4 ACCOUNTING AND APPROPRIATION DATA

G.5 CONTRACTING OFFICER

G.6 CONTRACTING OFFICER’S REPRESENTATIVE

G.7 CONTRACTOR’S PRIMARY POINT OF CONTACT

G.8 CONTRACTOR’S PAYMENT ADDRESS

G.9 752.7003 DOCUMENTATION FOR PAYMENT. (NOV 1998)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

H.3 INSURANCE AND SERVICES

H.4 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (July 2007)

H.5 AUTHORIZED GEOGRAPHIC CODE

H.6 NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION TECHNOLOGY

RESOURCES

H.7 LANGUAGE REQUIREMENTS

H.8 KEY PERSONNEL

H.9 SUBCONTRACTING PLAN AND THE SF 294 – SUBCONTRACTING REPORT FOR INDIVIDUAL

CONTRACTS AND SF 295 – SUMMARY CONTRACTING REPORT

H.10 EXECUTIVE ORDER ON TERRORISM FINANCING

H.11 REPORTING OF FOREIGN TAXES (July 2007)

H.12 PROHIBITION AND ASSISTANCE TO DRUG TRAFFICKING

H.13 GRANTS UNDER USAID CONTRACTS

H.14 AIDAR 752.7007 PERSONNEL COMPENSATION (July 2007)

H.15 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.16 USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004)

H.17 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.18 TRAVEL TO MEXICO

H.19 USAID IMPLEMENTATION OF SECTION 508 OF THE REHABILITATION ACT OF 1973 AND

FEDERAL ACQUISITION CIRCULAR (FAC) 97-27 ELECTRONIC AND INFORMATION TECHNOLOGY

ACCESSIBILITY

H.20 ENVIRONMENTAL COMPLIANCE AND MANAGEMENT

H.21 CONTRACTOR’S STAFF SUPPORT, ADMINISTRATIVE AND LOGISTICS ARRANGEMENTS

AND LEGAL REGISTRATION IN THE COOPERATING COUNTRY

H.22 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

H.23 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.24 ELECTRONIC PAYMENTS

H.25 PURCHASE OF RESTRICTED GOODS

H.26 CONSENT TO SUBCONTRACT

H.27 PRESS RELATIONS

USAID/Mexico

H.28 302.3.5.22 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL)

(OCTOBER 2014)

H.29 USAID-FINANCED THIRD-PARTY WEB SITES (NOVEMBER 2017)

H.30 RESTRICTIONS AGAINST DISCLOSURE (MAY 2016)

H.31 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (DEVIATION NOs.

M/OAA-DEV-FAR-18-2c and M/OAA-DEV-AIDAR-18-2c) (APRIL 2018)

H.32 SECURITY CONDITIONS

H.33 SECURITY REPORTING

H.34 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS AND AIDAR 752.7027 PERSONNEL

H.35 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (DEVIATION NOs.

M/OAA-DEV-FAR-18-2c AND M/OAA-DEV-AIDAR-18-2c) (APRIL 2018)

H.36 SOFTWARE LICENSE ADDENDUM (MAY 2016)

H.37 CLOUD COMPUTING (APRIL 2018)

H.38 ADS 206.3.12 - COVERED PARTICIPANTS

SECTION I – CONTRACT CLAUSES

I.1. NOTICE LISTING CONTRACT CLAUSES

I.2 752.252-1 AIDAR SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (MAR 2015)

I.3 CLAUSES INCORPORATED IN FULL TEXT

SECTION J – LIST OF DOCUMENTS EXHIBITS AND OTHER ATTACHMENTS

J.1 CLIMATE RISK MANAGEMENT SUMMARY TABLE

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (JAN 2018)

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

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

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

K.6 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016)

K.7 52.215-6 PLACE OF PERFORMANCE. (OCT 1997)

K.8 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. (FEB 1999)

K.9 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION. (OCT 2015)

K.10 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.11 52.230-7 PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES (APR 2005) 136

K.12 INSURANCE - IMMUNITY FROM TORT LIABILITY

K.13 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS

K.14 AUTHORIZED NEGOTIATORS

K.15 SIGNATURE

SECTION L – INSTRUCTIONS FOR PREPARATION OF TECHNICAL PROPOSAL

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

L.2. 52.215-1 INSTRUCTI OFFERORS – COMPETITIVE ACQUISITION (JAN 2017)

USAID/Mexico

L.3. 52.216-1 TYPE OF CONTRACT. (APR 1984)

L.4. 52.233-2 SERVICE OF PROTEST. (SEP 2006)

L.5. 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS. (APR 1984)

L.6. GENERAL INSTRUCTIONS TO OFFERORS

L.7 DELIVERY INSTRUCTIONS

L.8 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL PROPOSAL

L.9 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

L.10 APPLICABLE FACTS & RATIONALE FOR INSTRUMENT SELECTION

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2 TECHNICAL EVALUATION CRITERIA

M.3 EVALUATION OF COST PROPOSAL

M.4 SOURCE SELECTION

M.5 DETERMINATION OF THE COMPETITIVE RANGE

M.6 CONTRACTING WITH SMALL BUSINESS CONCERNS AND DISADVANTAGED ENTERPRISES

M.7 BEST VALUE

USAID/Mexico

SECTION B – SUPPLIES OR SERVICES/PRICES

B.1 PURPOSE

The purpose of this Contract is to build the capacity of Mexico’s human rights institutions to more effectively and accountably respond to and prevent human rights violations - in particular forced disappearances and torture - at both the federal and state levels.

B.2 CONTRACT TYPE

This is a Cost Plus Fixed Fee-Completion form 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

CLIN ITEM TOTAL ($)

0001 Technical Assistance

Direct Costs

Indirect Costs

Grants Under Contract (GUC)

10,000,000

Fixed Fee (FF)

Total Estimated Cost Plus Fixed Fee *Direct Costs include: Salaries, including benefits, STTA, Travel, allowances, procurement, equipment, subcontracts, communications and participant training.

(a) The total estimated cost for the performance of the work required hereunder, exclusive of fixed fee, is $[to be inserted by CO at time of award]. The Total Estimated Cost Plus Fixed Fee for the Period is $[to be inserted by CO at time of award].

(b) Within the estimated cost plus fixed fee specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor for performance hereunder is $[to be inserted by CO at time of award]. The Contractor will 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.

(c) Funds obligated are anticipated to be sufficient through [date to be inserted by CO at time of award].

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, will not be reimbursed to the Contractor.

B.4 CANCELLATION CEILING

This is a multi-year contract as defined in FAR 17.103. Therefore, this contract is subject to the requirements of FAR 17.106. In the event that the Government cancels requirements for services in subsequent program years under this contract, the following conditions will apply: [Amount and dates to be filled in at time of award]

Cancellation Dates:

Contract Year 2: DATE TBD, [Award year + 1 year] Cancellation Ceiling: TBD Contract Year 3: DATE TBD, [Award year + 2 years] Cancellation Ceiling: TBD Contract Year 4: DATE TBD, [Award year + 3 years] Cancellation Ceiling: TBD Contract Year 5: DATE TBD, [Award year + 4 years] Cancellation Ceiling: TBD

The cancellation dates and ceiling amounts will be established at the time of award. The amounts will be based on the nonrecurring costs to be incurred by the awardee, which would be applicable to, and which normally would be amortized over the life of the contract, and the items or services to be furnished under the multi-year requirement.

This is a CPFF type contract, pursuant to which all costs for which the contractor seeks reimbursement must be allowable in accordance with FAR 52.216-7, “Allowable Costs and Payment.”

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/Mexico. One copy of the voucher and the invoice must also be submitted to the Contracting Officer’s Representative (COR).

Electronic submission of invoices is strongly 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/El Salvador 3450 San Salvador Place Washington, DC 20521-3450 Email address: sansalvch@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 performing 20% or more of the contract or 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.

B.9 PAYMENT OF FIXED FEE

Payment of fixed fee will be in accordance with FAR 52.216-8. Pursuant to FAR 16.306(d), the fixed fee payable under this contract will be tied to the achievement of results and indicators agreed upon in the negotiated contract, and deliverables listed in F.1subject to inspection and acceptance by USAID and in compliance with the terms of the contract. Upon acceptance by USAID and receipt of approval from the Contracting Officer, the Contractor must submit an invoice for the amount of the fee associated with the deliverable and approved fee schedule as per the illustrative sample detailed below:

Year /Deliverable Due Date % Fee # Amount of Fee Year One Include the reports that correspond to Year 1 from Section F.2

Technical Reports:

COMPONENT 1

Result 1.XX Result 1.XX

COMPONENT 2

Result 2.XX Result 2.XX

COMPONENT 3

Result 3.XX Result 3.XX Total Fixed Fee Year 1 100% $ Year Two Include the reports that correspond to Year 1 from Section F.2

Result 1.XX Result 1.XX

COMPONENT 2

Result 2.XX Result 2.XX

COMPONENT 3

Result 3.XX Result 3.XX Total Fixed Fee Year 2 100% $ Year Three

Result 1.XX Result 1.XX

COMPONENT 2

Result 2.XX Result 2.XX

COMPONENT 3

Result 3.XX Result 3.XX Total Fixed Fee Year 3 100% $ Year Four

COMPOONENT 1

Result 1.XX Result 1.XX

COMPONENT 2

Result 2.XX Result 2.XX

COMPONENT 3

Result 3.XX Result 3.XX Total Fixed Fee Year 4 100% $ Year Five

Result 1.XX Result 1.XX

COMPONENT 2

Result 2.XX Result 2.XX

COMPONENT 3

Result 3.XX Result 3.XX Total Contract Fixed Fee 100%

(Note: This table is an illustrative table. A fee schedule will be negotiated with the offeror as described in Section L.9.)

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS

HUMAN RIGHTS ACCOUNTABILITY ACTIVITY

C.1 PURPOSE

The purpose of the Human Rights Accountability Activity is to build the capacity of Mexico’s human rights institutions to more effectively and accountably respond to and prevent human rights violations - in particular forced disappearances and torture - at both the federal and state levels. Improved capacity to respond will reduce impunity and help to prevent future violations.

To achieve this purpose, the activity has three components:

● Component 1: Establish and sustain national oversight, coordination, and implementation mechanisms to deliver Government of Mexico (GOM) commitments under the 2017 General Laws on Torture and Forced Disappearances.

● Component 2: Enhance implementation of the 2017 General Laws on Torture and Forced Disappearances in five priority states.

● Component 3: Decrease the backlog in forensic cases in priority states.

C.2 BACKGROUND

For over a decade, Mexico has experienced violence and insecurity fueled by transnational criminal organizations (TCOs). The toll on civilians has been high, with over 200,000 deaths since 2006, including targeted killings of over 100 journalists and human rights defenders, and over 9,000 documented cases of torture. TCOs, sometimes in collaboration with corrupt local officials, utilize forced disappearances, torture, gender-based violence, and calculated displays of violence to intimidate local populations and control territory. These conditions precipitated an urgent forensic crisis, with drastic increases in the number of forcibly disappeared persons and unidentified human remains throughout the country. Current Government of Mexico (GOM) estimates include 61,637 disappeared persons, at least 37,000 unidentified remains, and 3,631 clandestine mass graves.

The GOM has recently recognized the need for decisive action. Responding to pressure from civil society, international organizations, and victims’ collectives, in 2017 the Mexican Congress passed General Laws on both Forced Disappearances and on Torture. The General Law on Forced Disappearances (GLFD) mandated the creation of two new entities - a National Search Commission (Comisión Nacional de Búsqueda - CNB) to coordinate search efforts, and a National Search System (Sistema Nacional de Búsqueda - SNB) to coordinate government institutions at the state and federal level. These entities are currently in place and in nascent stages of institutionalization. Many states have also passed similar legislation and established dedicated institutions to assist with the crisis of disappearances. At the same time, the General Law on Torture (GLT) designated the Fiscalía General de la República (FGR) responsible for the oversight and coordination of implementation of the law, both at the federal and state levels. The FGR has opened more than 9,000 investigations of torture that took place between December 2012 and January 2018.

Further, Human Rights is now a core component of President Andres Manuel Lopez Obrador (AMLO)’s administration. Immediately upon taking office, Undersecretary of the Interior (Gobernación - SEGOB) for Human Rights Alejandro Encinas announced the creation of a Presidential Commission for Truth and Justice in the case of Ayotzinapa, the forced disappearance of 43 students that occurred in September 2014. AMLO himself on multiple occasions has made the rare and explicit recognition by a sitting Mexican President of the involvement of state security forces and government officials on a systemic level. Importantly, the new administration has accepted responsibility for GOM involvement in high-profile past human rights abuses. The administration has also committed significant resources to advance the human rights agenda, including actively funding state-level search commissions, forensic cemeteries, and identification centers. As of December 2019, 29 state-level search commissions have been installed. Four other identification centers are expected to be built, as are three forensic cemeteries.

On August 30, 2019, the GOM launched a process to prepare the necessary legal framework to establish an Extraordinary Mechanism (EM) for Forensic Identification of Disappeared Persons to deal with the large backlog of cases. The mechanism, approved on December 5, 2019, will provide a means to coordinate implementation of the GLFD, including ongoing efforts by civil society and local governments, and to bring in much-needed international expertise in disciplines such as DNA analysis, forensic archaeology, forensic anthropology, and data analysis.

Relieving the burden on overstretched forensic teams within the FGR and state attorneys general offices, the mechanism can provide closure to families and generate valuable intelligence to aid prosecutions of those responsible for these crimes. The EM can also assist in coordinating and harmonizing efforts on disappearances and forensic identification across the GOM.

Relationship to USG priorities in Mexico, Other USAID Activities, and other Donor or GOM Funded Programs:

This activity advances a top USG priority of reducing impunity and increasing respect for human rights in Mexico.

USAID is a key interagency player in this arena, bringing technical expertise, convening authority among local actors, and flexible and adaptable programming that directly complements other USG investments. The contractor must closely coordinate with the Department of State’s Bureau of International Narcotics and Law Enforcement (INL) forensic certification activities and equipment donations, technical support provided through the Department of Justice’s (DOJ) International Criminal Investigative Training Assistance Program (ICITAP) and forensic database efforts, including the recent transfer of the Federal Bureau of Investigation’s (FBI) Combined DNA Index System (CODIS) to the Mexican Attorney General’s Office. In addition, the contractor must coordinate with relevant USAID programs as instructed by the mission and elaborated below.

Currently, USAID/Mexico has the following Human Rights activities:

● EnfoqueDH - Chemonics International

● ProVoces - TetraTech/DPK

● Justice for the Disappeared in Nuevo Leon - CADHAC/ICMP

● Justice for the Disappeared in Chihuahua - CEDEHM/EAAF

● Strengthening Freedom of Expression in Mexico - Article 19/Mexico

● Femicides - Prevention and Response - Idea/Fortis/Equis

● Prevention and Response Civil Society component - Data Civica

● Documenta Torture - Documenta A.C.

Proposed activities must build on, and clearly demonstrate learning from, past and ongoing human rights programming. The contractor must also closely coordinate and seek linkages with USAID/Mexico’s justice programming to leverage gains in advancing more responsive criminal system to tackle impunity, including for human rights violations. Justice Access for Victims and the Accused (JAVA), implemented by Fortis Consulting, launched in July 2019 and looks at access to justice issues. Alliances for Analysis and Communications (AA&C), implemented by Mexico Evalua, was launched in August 2019 and will undertake a comprehensive evaluation of the Mexican justice system to increase the participation of local actors in its oversight and performance analysis and inform the public about the justice system.

In addition, USAID/Mexico intends to procure two new activities that will be closely linked to this activity. These will focus on improving the effectiveness of state-level justice institutions (see: Notice ID 72052320R00003 / Improving Effectiveness of State-Level Justice Institutions in Mexico) and improving GOM capacity to crime and violence in targeted municipalities : https://beta.sam.gov/search?keywords=&sort=-modifiedDate&index=&is_active=true&page=1&organization_id=100148640

C.3 SCOPE

HRAA will enhance the capacity and commitment of the GOM to provide effective and accountable responses to grave human rights violations, such as forced disappearances and torture by strengthening national oversight mechanisms and enhancing inter-governmental coordination, supporting state-level implementation of laws and safeguards to prevent and respond to human rights abuses, and providing targeted forensic technical assistance to address the backlog of unidentified remains in five priority states. Activity partners will include GOM counterparts at the federal and state level - including decentralized and autonomous institutions and targeted subnational government entities, forensic experts, victims collectives and civil society. These efforts should be focused around the following approaches:

1. Supporting concrete, existing national-level GOM efforts, processes and commitments to implement the 2017 General Laws on Disappearances and Torture, including the newly announced Extraordinary Mechanism on Forensic Identification of Disappeared Persons;

2. Building on USAID’s prior work to support existing state-level initiatives, processes and systems to implement the 2017 General Laws on Disappearances and Torture in five priority states;

3. Providing targeted and urgently needed forensic technical assistance to the GOM in addressing the backlog of unidentified remains in five priority states; and

4. Enhancing GOM technical knowledge, institutional capacity and inter-agency coordination to safeguard USAID’s investments and support whole-of-government approaches.

Theory of Change

IF the effectiveness of Mexico’s human rights system is strengthened - including the ability to provide oversight, coordination, and implementation of public policies and laws to address forced disappearances and torture; ensure meaningful implementation of the laws at the state level; and tackle the immense backlog of forensic cases and unresolved disappearance cases THEN the government will provide better responses to human rights abuses and greater accountability and closure to victims and their families, contributing to improved citizen trust and greater government accountability.

C.4 KEY OUTCOMES WITH INDICATORS AND TARGETS

Key Outcomes and Indicators with Baselines and Targets - The Human Rights Accountability Activity will contribute to three mutually supporting Key Outcomes:

Key Outcome 1: National oversight, coordination, and implementation mechanisms to deliver GOM commitments under the 2017 General Laws on Torture and Forced Disappearances established and sustained.

Key Outcome 2: Implementation of the 2017 General Laws on Torture and Forced Disappearances in five priority states enhanced.

Key Outcome 3: Backlog in forensic cases in priority states decreased.

Illustrative outcome indicators, baselines and end-of-activity end states are outlined below. For each of the Key Outcomes listed above, offerors should propose relevant indicators and targets:

Key Outcome Outcome Indicators Baselines Desired End States

KO 1: National oversight, coordination, and implementation mechanisms to deliver GOM commitments under the 2017 General Laws on Torture and Forced Disappearances established and sustained.

1.1 National mechanisms

effectively oversee and coordinate implementation of the 2017 General Law on Forced Disappearances.

- Comisión Nacional de Búsqueda (CNB) newly assigned to oversee and coordinate search efforts, with limited capacity.

- No existing mechanism at Secretaria de Gobernacion to oversee and coordinate forensic identification nationally.

- Number of overlapping databases, registries and other data tools to track disappearances, mass graves and forensic remains.

- National plans, policies and oversight mechanisms in place for Extraordinary Mechanism (EM) on Forensic Identification of Disappeared Persons to oversee national commitments and coordinate implementation with GOM agencies.

- EM fully staffed, resourced, and providing oversight function for forensic cases.

- CNB effectively providing oversight of search efforts with states.

- Number of overlapping databases, registries and other data tools decreased;

agreements in place to consolidate/coordinate them in order to effectively track number of disappearances, mass graves and forensic remains.

1.2 Full implementation of the

National Program to prevent Torture and other Cruel Treatments.

- Specialized Fiscal within Fiscalia General de la Republica (FGR) assigned to oversee and coordinate implementation.

- Existance of a National Registry of victims of torture.

- National plans, policies and oversight mechanisms in place for FGR to oversee implementation.

- FGR effectively providing oversight to prevent the commision of torture by federal and state institutions, including the implementation of the Istanbul Protocol.

- Strengthening of the National Registry of victims of torture.

1.3 Increased collaboration

between Federal and local officials to advance prosecution of torture and disappearances crimes.

- Number of existing inter-institutional coordination mechanisms to improve the prosecution of torture and disappearance cases.

-Inter-agency coordination processes in place and operational between EM, FGR, CNB, state-level governments, search commissions AGOs .

-Number of cases resolved by Federal Institutions increased by 10%.

- 2019 numbers on cases resolved by Federal Institutions.

KO 2:

Implementation of the 2017 General Laws on Torture and Forced Disappearances in five priority states enhanced.

2.1 Active implementation

strategies and processes in five priority states

- Baseline data on understanding of GOM officials and staff in 5 priority states of implementation requirements.

- 2019 data on strategies and processes in five priority states.

- Baseline data on the status of implementation within state-level commissions, autonomous organisms and attorneys general offices.

- No existing measures to guarantee access to public information.

- No existing statistics, studies and analysis addressing how to prevent and investigate these crimes.

- No existing mechanisms to register victims of torture.

- Implementation requirements understood by key GOM officials and staff in 5 priority states

- Strategies, workplans, budgets, and processes in place in 5 priority states to implement the General Laws on Torture and Forced Disappearances.

- State-level search commissions carry out their duties under laws.

- Measures to promote access to public information in place.

- Generation of reports and analysis to improve the prevention and investigation of these crimes.

- State databases created, and linked, to register victims of torture.

2.2 Effectiveness of key

protections and responses to torture and forced disappearances in five priority states increased

- 2019 baseline data on state-level implementation of legal requirements to protect against torture and forced disappearances.

- 2019 data on forced disappearance and torture cases

-Five priority states meeting legal requirements to protect against torture and forced disappearances

- Specialized units within attorneys general offices, increased by 50% the investigations of these crimes according to the Specialized Protocols.

prosecuted and sanctioned according to the Specialized Protocols.

- 2019 baseline data on the degree of family participation with state-level GOM on disappearances cases.

- Number of torture and disappearances cases brought by CSOs and victims’ families that are acted upon.

- Baseline data on administrative certifications provided to family members of disappeared persons.

- Increased collaboration between state-level GOM and families on disappearances cases.

- Case documentation and legal representation of torture and disappearances by CSOs and victims’ families’ movements leads to investigation.

- Increase by 50% the provision of administrative support to family members of disappeared persons.

2.3 State governments provide

required services to victims

- 2019 data on number and quality of services for victims of torture and disappearances in five priority states (including integral reparation).

- 2019 data on funding for victims’ services.

- Specialized services for victims of torture and disappearances functional and providing quality services in five priority states.

-Services provided to victims, incorporating a gender and a differentiated approach.

- 50% increase in integral reparations provided to victims.

- Specialized services fully budgeted for and resourced in five priority states

KO 3: Backlog in forensic cases in five priority states decreased.

3.1 Percent decrease in number

of unidentified remains in each priority state.

- 2019 data on the number of unidentified remains in each priority state.

- Limited 2019 notifications to family members after an identification.

- 50% decrease in backlog of unidentified remains in each priority state.

- Family members are notified after an identification.

C.5 GEOGRAPHIC FOCUS

Geographic Focus: This activity will provide technical assistance to the Mexican federal government and select sub-national government institutions. In addition to engagement with federal institutions in Mexico City, HRAA will work in five priority states, including the possibility of the greater Mexico City area. Preference will be given to those areas where there has been previous collaboration through USAID human rights activities, or where there are political openings for the program. Offerors shall propose five states for activities, using an analysis of factors such as the prevalence of relevant human rights violations, the presence of search commissions and other human rights protection institutions, strong civil society organizations and victims collectives, as well as political openings for collaboration. Final selection of geographic regions shall be made in consultation with, and be approved by, USAID.

C.6 OBJECTIVES

HRAA will enhance the capacity and commitment of the GOM to provide effective and accountable responses to grave human rights violations, such as forced disappearances and torture by strengthening national oversight mechanisms and enhancing inter-governmental coordination, supporting state-level implementation of laws and safeguards to prevent and respond to human rights abuses, and providing targeted forensic technical assistance to address the backlog of unidentified remains in five priority states.

Component 1: Establish and sustain national oversight, coordination and implementation mechanisms to deliver GOM commitments under the 2017 General Laws on Torture and Forced Disappearances.

This component will improve the effectiveness of GOM institutions created by the 2017 laws to increase the number of missing persons identified and decrease the forensic backlog, and to effectively implement human rights laws and safeguards on disappearances and torture. The contractor will provide support to targeted GOM initiatives and institutions at the federal level, including the CNB and FGR, which are currently tasked with implementation of the General Laws on Forced Disappearances and Torture. The contractor will provide technical support for the development and implementation of minimum forensic standards for the search of missing persons, the recovery and identification of remains, in order to ensure coordinated actions regarding exhumations by the authorities responsible for investigating crimes. The contractor will support the establishment and roll-out of the proposed Extraordinary Mechanism for Forensic Identification of Disappeared Persons. Support will include technical assistance to improve tracking, identification, and reporting on disappeared persons and their remains, and oversight and coordination for implementation of the General Law on Forced Disappearances. The contractor must also create, enhance, and improve national mechanisms for inter-agency and federal/state coordination, in order to improve case resolution rates in State and Federal institutions and increase implementation of the laws. The contractor may also be asked to develop recommendations for enhanced infrastructure, human, material, and financial resources available to forensic teams to intervene in investigations of disappearances. Key results include:

● National plans / programs, policies, and oversight mechanisms in place for the Extraordinary Mechanism (EM) on Forensic Identification of Disappeared Persons to oversee commitments and coordinate implementation with GOM agencies.

● CNB provides effective oversight of search efforts with states.

● Full implementation of the National Program to Prevent Torture and other Cruel Treatments.

● Increased collaboration between EM, FGR, CNB and state-level governments, search commissions, and

AGOs to consolidate databases, registries, and other data tools and effectively respond to disappearances and forensic remains.

Component 2: Enhance implementation of the 2017 General Laws on Torture and Forced Disappearances in five priority states.

This component will build the capacity of five priority states to effectively implement the General Laws on Torture and Forced Disappearances. The contractor will support the development of state-wide strategies, work plans, budgets, process mapping, and process improvement in order to ensure a cohesive and comprehensive approach to ensuring implementation of the laws by State institutions. The contractor will build the capacity of autonomous entities (such as state-level search systems and human rights commissions), prosecutors, police, and judges to detect and track disappearances and torture cases; coordinate on investigation, identification, notification, and referral; and engage with and promote the participation of victims’ families on disappearance cases. The contractor will also support state-level information and data systems in order to ensure they meet minimum standards and are prepared to be integrated into broader national initiatives. In order to meet the requirements of the 2017 laws, the contractor must also provide support to state-level institutions tasked with providing services to victims of torture and to victims and families of the disappeared persons, including psychological and social support, and administrative support, such as ensuring that families are able to claim benefits based on a certified disappearance. The contractor must also provide support to local human rights organizations that support victims of human rights violations, through a sub-grant component. Key results include:

● Strategies, workplans, budgets, and processes in place in five priority states to implement the General Laws on Torture and Forced Disappearances.

● Improved capacity of state-level commissions, autonomous institutions, prosecutors and judges to detect and track disappearances and torture cases, as well as to coordinate on investigation, identification, notification, referral and integral reparation.

● Data systems to track and report on torture cases, number of disappearances, and unidentified human remains.

● Strengthened services to victims of torture and families of disappeared persons, including pyschological, social, and administrative support, in five priority states.

● Increased case documentation and legal representation of torture and disappearance cases by CSOs and victims’ families leading to investigation.

Component 3: Decrease the backlog in forensic cases in priority states.

Leveraging modern forensic methods, including DNA testing and data systems, this component will provide targeted and urgently needed technical assistance to five priority states to process and significantly decrease the backlog of unidentified remains. In close coordination with GOM counterparts at the state level, the contractor will be required to procure and deploy teams of forensic investigators, scientists and archeologists to triage, intake, process, analyze, test, and identify bodies and remains held in state-level facilities in five priority states, with the goal of identifying individuals, connecting individual remains to open cases, and/or referring information to national and other state authorities. These teams will additionally gather evidence and data to establish time, cause, and circumstances of death, and thus assist with other forensic sciences within the Mexican legal and judicial system in the search for scientific truth in criminal acts. The contractor will also support the use of post-mortem DNA sampling and engagement with families, in order to maximize opportunities for identification. In order to ensure the sustainability of efforts, in addition to boosting the forensic level of effort, the contractor must also provide support to build the capacity of the AGO forensic staff in each state of focus. In order to maximize USAID’s investment, the contractor must coordinate with existing USG forensic support efforts - including programs funded by State/INL to include the provision of hands-on learning and collaboration between international experts and GOM officials on DNA identification, handling, and other forensic techniques who have been trained and certified through INL programs. Key results include:

● Increase in the number of identified human remains.

● Family members are notified after forensic identification.

Grants under Contracts

The Offeror must describe a proposed Grants under Contracts component aimed at facilitating engagement with partners including local human rights organizations and international forensic organizations. This component must be utilized to strategically advance the expected results of the Activity and be closely coordinated with other USAID (and other donor) programming that strengthens the capacity of local organizations, such as USAID’s Civil Society Strengthening Activity. The Offeror must also identify the portion of its budget that will be set aside for Grants under Contracts to local or other partners, with a minimum amount of $10 million in total across all components.

Target Beneficiaries

The target beneficiaries of the activity are both direct and indirect victims (families and relatives) of grave human rights violations, including forced disappearances and torture in Mexico. Institutional beneficiaries will also include federal and state-level Search Commissions as well as offices of the Attorney General.

C.7 CROSS-CUTTING

Relationship to USG priorities in Mexico, Other USAID Activities, and other Donor or GOM Funded Programs:

The activity builds upon activities conducted through USAID’s Human Rights Public Policy Activity (EnfoqueDH) at the Federal Level and state level regarding proper implementation of the General Laws on Disappearance and Torture. It will also complement the work of both USAID’s Justice for the Disappeared in Chihuahua and Nuevo Leon Activities in support of local implementation of the law of disappearances and identification of remains, and will also complement planned activities through the Documenta Tortura Activity designed to contribute to the reduction of torture cases in Baja California and Coahuila. The contractor must seek linkages with USAID/Mexico’s current and planned Justice Sector programs, such as engagement with attorneys general offices at the state level to investigate and prosecute torture and disappearance cases. USAID/Mexico will also collaborate with context analysis units to aggregate and analyze data from individual cases to better understand the modus operandi and identify intellectual authors of crimes.

Through regular donor coordination meetings, coordination with other international donors will be ensured.

Foremost among these is the German Cooperation Agency (GIZ), which engages on issues of gross human rights violations in Mexico, and the International Committee of the Red Cross (ICRC), which is providing support for search and identification efforts.

C.8 GENERAL PRINCIPLES AND GUIDANCE

C.8 a LOCAL, CONTEXT-DRIVEN APPROACHES

The Contractor must incorporate information gleaned from ongoing political economy analyses to inform its programming. Where there is genuine political will built on incentives at the senior and mid-levels in institutions and capacity to lead change, there will clearly be opportunities for programmatic engagement. Where political will is missing, uneven, or misrepresented, or where there is minimal capacity for political leaders to lead change, the Contractor must consider alternative approaches that involve other local actors. These alternatives should engage other local actors to work on the creation of incentives to build political will or change management capacity. In this context, USAID will consider adjusting contractual or work plan requirements to ensure that the Contractor has sufficient space and time to help organically promote change.

C.8 b INNOVATION

Innovation refers to new technologies, new ways of delivering or financing goods and services, more cost-effective adaptations to existing solutions, new ways of increasing implementation and uptake of existing proven solutions, policy changes, shifts, or nudges based on insights from behavioral economics, social or behavioral innovations.

The Contractor must consider innovation in its approach.

C.8 c COLLABORATION, LEARNING, AND ADAPTING

Collaboration, Learning and Adapting is a means by which the technical team overseeing this activity will systematically process information and use it to make necessary adjustments during the life of the mechanism. The implementing partner will submit quarterly and annual reports, and this indicator performance data will be reviewed and analyzed by both the COR as well as the M&E POC in the Program Office in order to make any changes to ensure that the current and outyear targets are being met.

In addition to CLA, Adaptive Management will also be practiced. The Agency’s Program Cycle Learning Agenda (overseen by PPL) will be put into practice so as to fill in knowledge gaps around what works and doesn't work during activity implementation. Best practices will be shared with relevant parties both inside and outside of USAID to help advance development goals. See USAID’s Program Cycle Operational Policy: ADS 201.3.5.19-23

C.8 d FLEXIBILITY

The Contractor must ensure technical and programmatic flexibility within and across program components to respond to changing circumstances in the area of crime and violence prevention within the scope of this contract.

The Contractor will outline its approach to keep abreast of changes in the situation on the ground and how it will maintain the flexibility to accommodate and respond to changes. The Contractor must include such situational analyses and scenarios as part of its regular reporting and engage with USAID to make appropriate programmatic adjustments.

C.8 e GENDER AND SOCIAL INCLUSION

Gender considerations will be integrated into all HRAA activities, as detailed in the required HRAA Gender and Social Inclusion Plan. The Plan will detail ways to incorporate strategic and gender-sensitive elements to inform GOM policy making and implementation around torture and disappearances (including in baseline and monitoring data collection, case tracking of gender-based violence, and the adoption/use of gender disaggregated indicators).

Importantly, HRAA will implement evidence-based activities to deal with - and evaluate - the different ways in which torture and disappearances affect women and girls, boys and men, and marginalized communities.

C.8 f SECURITY

The security of beneficiaries and the contractor’s staff is of utmost concern to USAID/Mexico. Given the escalation of violence in Mexico, it is imperative that the Contractor develop a security plan that ensures institutionalized processes to track the security context, and evaluates the risk to beneficiaries and the Contractor’s staff, and implement steps to mitigate risks.

C.8 g EVALUATION

Consistent with the USAID Evaluation Policy, USAID/Mexico may conduct an independent performance evaluation of this activity in order to expand the evidence base for human rights programming and to inform future activities in Mexico and the region. Any evaluation design would be completed in consultation with the Contractor to ensure alignment with the activity work plan and locations.

END OF SECTION C

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, project construction sites, and other project locations be suitably marked with the USAID emblem.

Shipping containers are also to be marked with the last five digits of the USAID financing document number.