SOL-169-17-000005.pdf

SOL-169-17-000005

SOLICITATION, OFFER AND AWARD

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

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

COVR

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

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 BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 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

01/19/2017REQ-169-17-000010

X

SERBIA

USAID/SERBIA

Bul. kneza Aleksandra Karadjordjevica 92 11000 Belgrade

1200 PM 03/09/2017

Branislav Bulatovic +38 4578

C. E-MAIL ADDRESS

bbulatovic@usaid.gov arexhepi@usaid.gov 111-706

PAGE(S)

Michael Capobianco

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c) x x x x x x x x x x x x x mailto:arexhepi@usaid.gov mailto:bbulatovic@usaid.gov

SOL-169-17-000005: RULE OF LAW PROJECT IN SERBIA

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE AND CONTRACT SERVICES

B.3 ESTIMATED COST, AWARD FEE, AND OBLIGATED AMOUNT

B.4 CONTRACT BUDGET AND CEILINGS

B.5 INDIRECT COST

B.6 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

B.7 PAYMENT OF AWARD FEE

B.8 MULTI-YEAR CONTRACT AND CANCELLATION CEILING ............. Error! Bookmark not defined.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

C.2 OBJECTIVES

C.3 PROJECT COMPONENTS

C.4 KEY PERSONNEL AND QUALIFICATIONS

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 MARKING AND BRANDING STRATEGY

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

E.3 PERFORMANCE STANDARDS

SECTION F – DELIVERIES AND PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PLACE OF PERFORMANCE

F.3 PERIOD OF PERFORMANCE

F.4 KEY PERSONNEL

F.5 AUTHORIZED WORK DAY/WEEK

F.6 REPORTS AND DELIVERABLES OR OUTPUTS

SECTION G – CONTRACT ADMINISTRATION DATA

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

G.2 CONTRACTING OFFICER’S AUTHORITY

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.5 PAYING OFFICE

G.6 CONTRACTOR’S PRIMARY POINT OF CONTACT

G.7 CONTRACTOR’S PAYMENT ADDRESS

G.8 ACCOUNTING AND APPROPRIATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 AUTHORIZED GEOGRAPHIC CODE

H.3 EXECUTIVE ORDER ON TERRORISM FINANCING

H.4 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

H.5 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007)

H.6 AIDAR 752.222-71 NONDISCRIMINATION (JUNE 2012)

H.7 AIDAR 752.231-71 CONFERENCE PLANNING AND REQUIRED APPROVALS (AUGUST 2013)

H.8 AIDAR 752.7036 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR

ACQUISITION (JULY 2014)

H.9 302.3.5.22 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL)

(OCTOBER 2014)

H.10 ENVIRONMENTAL COMPLIANCE

H.11 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.12 DISCLOSURE OF INFORMATION

H.13 PRESS RELATIONS

H.14 PROCURING INFORMATION TECHNOLOGY (IT) RESOURCES

H.15 CONSENT TO SUBCONTRACTS

H.16 USAID IMPLEMENTATION OF SECTION 508 OF THE REHABILITATION ACT OF 1973 AND

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

TECHNOLOGY ACCESSIBILITY

H.17 GRANTS UNDER CONTRACT (GUC)

H.18 DBA INSURANCE

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015)

I.3 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

I.4 FAR 52.229-8 TAXES – FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990)

I.5 AIDAR 752.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST DISCOVERED AFTER

AWARD (JUN 1993)

I.6 AIDAR 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

I.7 AIDAR 752.7025 APPROVALS (APR 1984)

I.8 AIDAR 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUNE 2008)

I.9 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016)

I.10 FAR 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (APR 2015)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

PART IV REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

K.1. NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 FAR 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (APR 2015)

K.3 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2016)

K.4 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

K.5 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

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

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

K.7 FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.8 FAR 52.225-2 BUY AMERICAN CERTIFICATE (MAY 2014)

K.9 FAR 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)

K.10 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (FEB 1999)

K.11 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2015)

K.12 52.230-7 PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES (APR 2005)

K.13 INSURANCE—IMMUNITY FROM TORT LIABILITY

K.14 AUTHORIZED NEGOTIATORS

K.15 SIGNATURE

SECTION L - INSTRUCTIONS TO OFFERORS

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

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

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

L.4 GENERAL INSTRUCTIONS TO OFFERORS

L.5 PROPOSAL SUBMISSION

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.7 INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF THE COST/BUSINESS

PROPOSAL

L.8 ANNUAL CANCELLATION CEILINGS ..................................................... Error! Bookmark not defined.

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2 TECHNICAL EVALUATION CRITERIA

M.3 EVALUATION OF PAST PERFORMANCE

M.4 COST EVALUATION

M.5 DETERMINATION OF COMPETITIVE RANGE

M.6 SOURCE SELECTION

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PURPOSE

The purpose of this contract is to provide technical assistance and other services as described in detail in Section C for the implementation of USAID/Serbia’s program entitled “Rule of Law (ROL).”

B.2 CONTRACT TYPE AND CONTRACT SERVICES

This is a cost plus award fee (CPAF) contract. For the consideration set forth below, the Contractor must achieve the performance objectives and deliverables or outputs described in this contract.

B.3 ESTIMATED COST, AWARD FEE, AND OBLIGATED AMOUNT

a) The estimated cost for the performance of the work required hereunder, exclusive of award fee and base fee, is $ TBD. The base fee is $0. The maximum award fee is $ TBD. Total estimated cost plus all fees, if any, is $ TBD.

b) Within the estimated CPAF specified in paragraph a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is $ TBD. The Contractor must not exceed the aforesaid obligated amount.

B.4 CONTRACT BUDGET AND CEILINGS

a) The contract budget found herein is based on the Contractor’s original proposal and/or final proposal revision, which was accepted by USAID through award of this contract.

b) The following itemized budget sets forth the estimates for individual line items of cost:

TBD

B.5 INDIRECT COST

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

Description Rate Base Type Period

% 1/ 1/ 1/ % 2/ 2/ 2/ % 3/ 3/ 3/

1/ Base of Application:

Type of Rate:

Period:

2/ Base of Application:

Type of Rate:

Period:

3/ Base of Application:

Type of Rate:

Period:

B.6 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

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

Description Rate Base Period

% 1/ 1/ % 2/ 2/ % 3/ 3/

1/ Base of Application:

Period:

2/ Base of Application:

Period:

3/ Base of Application Period:

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

This understanding must not change any monetary ceiling, obligation, or specific cost allowance or disallowance.

Any changes in classifying or allocating indirect costs require the prior written approval of the Contracting Officer.

B.7 PAYMENT OF AWARD FEE

The Contractor may earn and be paid all or a portion of an award fee for performance under this contract. The Government's purpose in granting an award fee is to encourage and reward superior contract performance.

The maximum award fee must be made available to the Contractor in five (5) increments, with the first evaluation occurring six months after the award date, and the remaining four evaluations occurring annually, on the anniversary of the award date, as specified below:

Period of Performance Period*

(Start/End date) Amount of Award Fee Available

First Six Months TBD at award TBD First Year TBD at award TBD Second Year TBD at award TBD Third Year TBD at award TBD Fourth Year TBD at award TBD Maximum Award Fee Available

TBD

* Period will be completed upon contract award.

The determination of the award fee, if any, earned by the Contractor must be in accordance with the Award Fee Plan (see section J). Payment of award fee, if any, must be made annually other than in the first year of the contract whereby payment must be made every six (6) months. Unearned award fee cannot rollover from one award fee increment to the next award fee increment.

Payment of any award fee earned by the Contractor must not be subject to the withholding provisions of the clause of this contract entitled "Allowable Cost and Payment" (FAR 52.216-7) clause.

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

The firm rule of law is essential for Serbian public institutions to meet their obligations to citizens in a democratic society, instill public faith in the government, and shore up the structures and resources required to create a functioning, stable, democratic state. It is also essential for Serbia’s European Union (EU) accession aspirations.

The European Commission has stressed that European acquis chapters 23 and 24, dealing with the justice system, will remain open until the end of Serbia’s accession negotiations. Consequently, the EU will continuously monitor Serbia’s development in strengthening the rule of law, making the judicial system key to future EU membership.

Serbia’s five-year National Judicial Reform Strategy (NJRS) developed in 2013, sets five main priorities for judicial reform: independence; impartiality and quality of justice; competence; accountability; and efficiency. The strategy identified numerous issues that inhibit the rule of law. In the judiciary, these include: 1) incomplete independence of the judiciary, with the Ministry of Justice and the Ministry of Finance exerting formal and informal influence on judicial operations and budgets; 2) lack of consistency and predictability in judicial decisions, as demonstrated by frequent overturning of judgements in the appeals process; 3) a lack of judicial professionalism, resulting from the lack of an objective, merit-based judicial selection process, the lack of a single system of initial and continuing training for judges; 4) poor judicial accountability, both with respect to the overall management of the judiciary, as well as individual judges; and 5) inefficiency in the judiciary which results in significant case backlogs, delays in access to justice, and poor use of resources resulting in the waste of taxpayer dinars, and underperforming courts and judicial institutions.

As the current NJRS is coming to an end, an impartial assessment of the successes and shortcomings of the strategy’s implementation is needed. The assessment will provide important feedback to institutions undertaking reforms in the justice sector, and will inform the development of the future strategy and action plan. The new strategy will be an important framework to guide judicial reform in Serbia, and will support implementation of reforms necessary for the recently opened Chapters 23 and 24 of EU Acquis.

Significant assistance is being provided to support reforms in the justice sector in line with the NJRS. The majority of assistance is provided by the European Union, through the Instrument for Pre-Accession Assistance but also through the World Bank, OSCE, Council of Europe, Embassy of the Netherlands, and other donors. Given the substantial existing support to the judiciary, USAID has identified a few discrete elements of the NJRS that would benefit from additional assistance. These include:

Implementation of the Judiciary’s Human Resource Strategy. The Ministry of Justice, with the support of the EU Delegation is developing a Human Resources Strategy for the judiciary that is expected to strengthen human resource management, establish a career path for judicial assistants, guide professional development for court staff, define the staffing and ICT needs for courts, and promote effective management practices. Support will be necessary to implement this strategy and achieve its objectives.

Delivery of Court Documents. The service of court documents is a perennial problem for the judiciary, as the inability to serve documents to litigants in a timely manner results in significant delays and postponements of trials, undermining the judiciary’s ability to resolve cases in a reasonable time.

Delays in case processing are one of the key factors of lack of judicial efficiency. The NJRS identifies the need for amendments to the normative framework in order to reduce the duration of court proceedings. Improvements to the process by which court documents are delivered would significantly contribute to resolving cases more efficiently.

Long delays in Enforcement. Of the 4 million cases currently in the Serbian judicial system, 1.5 million cases are old enforcement cases – where the court has ruled and the judgement has not been enforced. Enforcement of judgements remains the last – and often longest – part of litigation in Serbia. The NJRS sets as one of the priorities establishment of efficient and sustainable system for enforcement decisions (NJRS, 5.5). The 2016 European Commission Progress Report, and interim benchmarks for the Chapter 23 Action Plan, require continuous support to the enforcement officers and courts in order to ensure efficient enforcement of court decisions. The EU Progress Report 2016 specifically requires Serbia to ensure that the 2016 Law on Enforcement and Security is successfully implemented. A track record of improved clearance and recovery rates of enforcement proceedings in civil and commercial cases still needs to be established. Monitoring of the enforcement system is also needed, with the development of further measures to monitor implementation of the Law and ensure efficient enforcement.

Overburdened State’s Attorney’s Office. The State’s Attorney’s Office (SAO) in Serbia is charged with protecting the property rights and interests of the Republic of Serbia, and serves as a legal representative and advisor for the Serbian government. The SAO represents an important judicial actor, as the 23 Deputy State’s Attorneys current handle more than 280,000 cases, out of which vast majority are litigated in courts. The SAO does not have the resources or capacity to litigate this volume of cases, resulting in an a growing backlog of cases, higher costs for the state and Serbian citizens, and delays in justice for litigants bringing cases against the State. However, many of these cases could likely be settled out of court or expedited, if the SAO had the skills and legal rights necessary to settle cases. This would significantly contribute to a reduced burden on the judicial system and increased access to justice.

Given the significant amount of assistance currently provided to the judiciary to address key components of the NJRS, USAID has selected activities focused primarily on non-judicial work that supports the courts, or activities outside the judiciary that support the delivery of justice, from the service of court documents that initiate cases, to the final enforcement of court decisions. USAID believes that strengthening these supporting services, combined with liberal support to the judiciary through other donor assistance, will result a coordinated and comprehensive effort to strengthen the rule of law in Serbia.

C.2 OBJECTIVES

The purpose of this contract is to enhance the timely delivery of justice for Serbian citizens through two interrelated objectives:

1. Strategic Advancement of Serbia’s Judicial Reform Process;

2. Increased judicial efficiency and access to justice by strengthening supporting institutions.

C.3 PROJECT COMPONENTS

In order to achieve the objectives, the Contractor must perform work under two components. All of the Contractor’s interventions in performance of this SOW must be approved by the Contracting Officer’s Representative (COR) via the annual work plan (AWP). The AWP is a living document and can be amended on an as needed basis with the approval of the COR. The AWP must outline the implementation process and detail activity schedules, resource requirements, roles and responsibilities, monitoring, reporting and review procedures. Quarterly monitoring of milestones, which are identified in the AWP, must be conducted by the Contractor with progress being reviewed monthly and reported quarterly to the COR. Annual self-assessments by partners and stakeholders, as well as engagement of civil society and surveys, may be used to identify lessons learned and guide future work plans.

The Contractor must utilize a grants under contract (GUC) mechanism to support local organizations to advance the contract’s objectives. The total contract life amount of the GUCs is $300,000.

In implementing this project, the Contractor must cooperate and coordinate activities with the Ministry of Justice, the High Court Council, the Delegation of the European Union, other donors, and other USAID activities.

C.3.1 Component 1: Strategic Advancement of Serbia’s Judicial Reform Process

Task 1. Assessment and Development of Serbia’s National Judicial Reform Strategy

The Contractor must assess the implementation of the National Judicial Reform Strategy (NJRS) 2013-2018 and its accompanying Action Plan, determining the degree to which activities under the Strategy and Action Plan were successfully completed, and their impact on the rule of law in Serbia. Based on this assessment, and in line with the requirements of Chapter 23 of the European acquis and the Serbian Action Plan for Chapter 23, the Contractor must support the drafting of the National Judicial Reform Strategy 2019 – 2023 and accompanying Action Plan.

Illustrative Activities:

• Analysis of strategy implementation through quantitative and qualitative measures

• Technical assistance in developing new NJRS based on EU requirements and norms

• Logistical support in developing new strategy and action plan, including translation services, organizing public consultations, etc.

Expected Results:

• Completion of objective and comprehensive impact assessment of the NJRS and Action Plan

• Completion of a new NJRS 2019 – 2023

• Completion of a new Action Plan for the NJRS 2019 - 2023

Task 2. Implement Selected Activities under Serbia’s National Judicial Reform Strategy:

The Contractor must support implementation of selected elements of the current National Judicial Reform Strategy (NJRS) and Action Plan, and the NJRS 2019 – 2023 and Action Plan (to be developed through Task 1). Upon award, the Contractor must assess areas under the current NJRS and Action Plan where program support is required, in consultation with the Ministry of Justice, the High Court Council, and other stakeholder, including other donors and USAID. Areas for support must include, but are not limited to support for the implementation of the judicial system’s Human Resources Strategy, currently under development with the European Union assistance. The Contractor must also support changes to the system for service of process in Serbian courts to facilitate more efficient court hearings and processing of cases.

Upon completion of the National Judicial Reform Strategy (NJRS) 2019 – 2023 and accompanying Action Plan (Component 1), the Contractor must consult with USAID on components of the Action Plan and the Strategy that will be supported through the project’s remaining timeframe.

• Support the establishment of a career path for judicial assistants, including the requisite professional development and promotion opportunities.

• Support the development and implementation of training for court staff, in line with the recently developed judicial training needs assessment

• Promote effective management practices with Court Presidents and supervisory staff, including management training, tools and technical assistance

• Support changes to the regulations and/or legislation that govern the service of court documents in order to facilitate more efficient court hearings and resolution of cases.

• Court staff provide improved administrative and paralegal support to judges and court presidents

• Effective human resource management practices are implemented in selected courts – reducing the administrative burden on judges and court presidents

• Clear career track for judicial assistance results in greater satisfaction and increased retention of professional court staff

• Professional development of court staff results in more effective utilization of ICT and other productivity tools/practices

• Court documents are delivered more quickly, reducing delays of court proceedings

C.3.2 Component 2. Increased judicial efficiency and access to justice by strengthening supporting institutions

Task 1. Enforcement of Judgements Strengthened:

The Contractor must support ongoing improvement of the system for enforcement of judgements, ensuring the timeliness and integrity of enforcement actions. Assistance in this area must improve the supervision and oversight of enforcement officers, increased coordination and cooperation between enforcement officers and courts, increased efficiency of enforcement procedures, and provide greater public awareness of, and confidence in the enforcement process. In addition to working with enforcement officers, the contractor must support court enforcement departments, in coordination with the Ministry of Justice, High Court Council and other donors and stakeholders.

Support in the area of enforcement must be conducted in line with the NJRS, the Chapter 23 Action Plan, and the Council of Europe Recommendation Rec(2003)17 on enforcement.

• Facilitate improved information exchange between enforcement officers, courts, and other state institutions such as the land cadaster and tax authorities, to expedite the work of enforcement officers and court enforcement departments.

• Develop a case management system for enforcement officers to expedite the management, data collection, and reporting of enforcement cases. The case management system must be compatible with the CMS for courts of general jurisdiction and commercial courts.

• Work with the Judicial Academy and other stakeholders to provide ongoing training for enforcement officers and court enforcement departments

• Support efforts to increase public understanding of the enforcement process, including the role of enforcement officers in the judicial process.

• Reduction in average time required to enforce judgements

• Increased monitoring and accountability of enforcement officers

• Increased consistency and predictability of enforcement actions

• Improved public understanding and acceptance of the enforcement process

Task 2. Support to State’s Attorney’s Office (SAO):

The Contractor must conduct a detailed analysis of operations of the SAO, identifying opportunities to improve the performance of the SAO and reduce the time and cost associated with cases involving the SAO. The Contractor must support the implementation of recommendations based on the assessment.

Illustrative Activities:

• Support changes to the legislative and regulatory framework to facilitate out-of-court settlement of cases involving the SAO

• Support efforts to ensure the integrity of procedures designed to settle cases outside of litigation

• Provide material support (equipment, ICT software, etc.) to improve the efficiency of the SAO

• In cooperation with the Judicial Academy, provide training to the SAO and other partners engaged in litigation with the SAO

• Reduced cost and time for the State and litigants in cases involving the SAO

• Increased cooperation between the SAO, government bodies that the SAO represents, and the judiciary

C.4 KEY PERSONNEL AND QUALIFICATIONS

The following positions have been designated as key personnel, and are essential to the work being performed under this contract. All key personnel must have university degrees in relevant fields from an accredited university. Prior to replacing any of these individuals, the Contractor must notify both the Contracting Officer (CO) and the Contracting Officer’s Representative (COR) reasonably in advance and must submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the project. No replacement must be made by the Contractor without the prior written approval of the CO.

• Chief of party

• Deputy chief of party

• Monitoring, Evaluation, and Learning Director

Chief of Party

Responsibilities:

The Chief of Party (COP) must be the primary liaison with USAID/Serbia on technical matters and shall adjust programs and operations in response to changing conditions and USAID/Serbia technical direction. The COP shall be responsible for responding to the designated COR and Contracting Officer. The COP shall also be responsible for ensuring quality control and the overall responsiveness of technical assistance provided under the award. The COP primary responsibilities are aimed at providing overall leadership management and general technical direction of the entire program, ensuring an integrated vision among different components and actors, and a focus on achieving the results defined in the award. This individual will be expected to identify issues and risks related to program implementation in a timely manner, and suggest appropriate program adjustments.

Minimum requirements for the COP:

• A university degree (bachelors or higher) in any of the following or related fields: law, public administration, management or related fields.

• At least at least 10 years’ professional experience in governance or rule of law-related development programs at a senior program management level, including direct supervision of professional and support staff.

• Previous work experience in the Balkans is preferred.

• Demonstrated experience in working effectively with judicial stakeholders, government counterparts and civil society organizations.

• Proven leadership in the design, management, implementation, monitoring and evaluation of similar-sized donor-supported programs.

• Skills in high level strategic visioning and leadership, preferably with experience in managing complex activities involving coordination with multiple partner institutions.

• Strong communication skills, including interpersonal skills and excellent written and oral English.

The Deputy Chief of Party (DCOP)

Responsibilities:

The DCOP must provide technical leadership in the project and fulfill the responsibilities of the Chief of Party in his/her absence.

Minimum requirements for the DCOP:

• A university degree (bachelors or higher) in any of the following or related fields: law, public administration, management or related fields

• At least at least 10 years’ professional experience in rule of law related development programs at a senior program management level, including direct supervision of professional and support staff.

• Previous work experience in the Balkans is preferred.

• Demonstrated experience in working effectively with judicial stakeholders, government counterparts and civil society organizations.

• Proven leadership in the design, management, implementation, monitoring and evaluation of similar-sized donor-supported programs.

• Skills in high level strategic visioning and leadership, preferably with experience in managing complex activities involving coordination with multiple partner institutions.

• Strong communication skills, including interpersonal skills, and excellent written and oral English.

Monitoring, Evaluation, and Learning Director (ME&L)

Responsibilities:

The Monitoring, Evaluation and Learning (ME&L) Director must provide performance monitoring and evaluation of the program, to include developing appropriate indicators, implementing systems to safeguard the collection and management of program data, and recommending changes to performance monitoring and work plans. The ME&L Director must also provide technical assistance and training to program staff and liaise with USAID/Serbia in ME&L design, modification and reporting.

Minimum requirements for the ME&L Director:

• A university degree (bachelors or higher) in any of the following or related fields: social science, management, international development, or monitoring and evaluation.

• At least 10 years professional experience, with 5 years in a developing country preferred.

• Balkans experience preferred.

• Prior experience the monitoring and evaluation of judicial reform programs.

• Demonstrated capabilities in knowledge management and organizational learning.

• Proven ability to develop and communicate a common vision among diverse partners.

[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, and 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. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

(c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor.

D.2 MARKING AND BRANDING STRATEGY

The Contractor shall submit a final branding implementation plan and marking plan no later than 30 days after award. The plan must be in accordance with ADS 320.3.2. The plan must be submitted to the COR for approval.

The approved Contractor’s final branding implementation plan and marking plan will be incorporated as a material part of this contract under Section J - Attachments.

In accordance with provision D.1 above, and where applicable, the Contractor shall comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” at http://www.usaid.gov/policy/ads/300/320.pdf; and the USAID “Graphic Standards Manual” available at www.usaid.gov/branding or any successor branding policy.

Anticipated elements of marking plan: Deliverables to be marked, include products, equipment and inputs delivered;

places where program activities are carried out; external public communications, studies, reports, publications and informative and promotional products; and workshops, conferences, fairs, media related activities and any such events. Publications authored by Contractors or other non-USAID employees must include the following disclaimer on the title page: “The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.” Threats and restrictions to the security of the program need to be identified and assessed in order to request any necessary exception from the marking requirement in accordance with ADS 320.3.2.

USAID’s web page contains the electronic version of the Graphic Standards Manual that is compulsory for all Contractors. Marking under this contract shall comply with the “USAID Graphics Standards Manual” available at http://www.usaid.gov/work-usaid/branding/acquisition-awards.

[END OF SECTION D]

http://www.usaid.gov/policy/ads/300/320.pdf http://www.usaid.gov/branding http://www.usaid.gov/work-usaid/branding/acquisition-awards

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR “52.232-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FAR (48 CFR Chapter 1)

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS. (JAN 2014)

52.246-5 INSPECTION OF SERVICES – COST REIMBURSEMENT APR 1984

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs must take place at the principal place of performance or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. Unless otherwise stated, the Contracting Officer’s Representative (COR) has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

E.3 PERFORMANCE STANDARDS

Evaluation of the Contractor's overall performance toward achievement of the objectives in Section C will be conducted jointly by the COR and the Contracting Officer, and must form the basis of the Contractor's permanent performance record with regard to this contract. Evaluation of the overall performance will be in accordance with FAR 42.15 and corresponding USAID procedures. The Contractor’s performance will be evaluated annually and at contract completion, utilizing the following general performance factors:

1. Quality of Product or Service, including quality and effectiveness of technical assistance provided to project clients, extent to which Contractor takes advantage of opportunities in managing for results, and degree to which key personnel provided are consistent with the names mentioned in the proposal.

2. Cost Control/Effectiveness, including actual costs incurred against the Contractor's cost proposal and if any savings to the project.

3. Timeliness of Performance, including long-term and short-term technical assistance identified and fielded in a timely manner, ability of the Contractor to take corrective action to compensate for delays that were outside the Contractor's control, timeliness of documents or reports submitted to the COR.

4. Business Relations, including satisfaction of, and relationship with counterparts; understanding of, and adherence to, USAID regulations and procedures; effectiveness in bringing critical issues/constraints to the attention of USAID and counterparts and proposing appropriate solutions; and extent to which open, transparent relations are established with donors and partners.

5. Small business subcontracting (as applicable).

The standards stipulated above do not apply to procedures in determining award fee under this contract.

[END OF SECTION E]

SECTION F – DELIVERIES AND PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR “52.232-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

ALTERNATE I APR 1984

F.2 PLACE OF PERFORMANCE

The place of performance under this contract is Serbia.

F.3 PERIOD OF PERFORMANCE

The period of performance for this contract is four (4) years from date of contract award.

F.4 KEY PERSONNEL

The Contractor must furnish the following positions as key personnel for the performance of this Contract in accordance with the requirements listed under section C.

No. Key Personnel Position 1 Chief of Party 2 Deputy Chief of Party 3 Monitoring, Evaluation, and Learning Director

The key personnel identified above are considered essential to the work being performed under this contract. The Contractor must remain responsible for providing such key personnel for full-time performance for the term of this Contract unless otherwise agreed to by the Contracting Officer.

The Contractor must immediately notify the Contracting Officer and the COR of any key personnel’s departure and the reasons.

The Contractor must take steps to immediately rectify this situation and must propose a substitute candidate for each vacated position along with a budget impact statement in sufficient detail to permit evaluation of the impact on the program.

The Contractor must not replace any of the key personnel without the written consent of the Contracting Officer and the COR whether provided in advance or by ratification.

F.5 AUTHORIZED WORK DAY/WEEK

The standard work week is Monday through Friday for a period of 40 hours. No overtime or premium pay is authorized under this Contract. The Contractor is authorized up to a five-day work week for long-term staff. A six-day work week may be authorized for short-term staff on a case by case basis with the prior written approval of the designated Contracting Officer’s Representative (COR).

F.6 REPORTS AND DELIVERABLES OR OUTPUTS

In addition to other required reports and deliverables in this contract, the Contractor must deliver the following for the approval of the Contracting Officer’s Representative (COR). The Contractor must allow at least 10 business days for review and comments from the COR on any draft report submission.

All reports and plans are subject to written approval by the COR, except for the Property Disposition plan, which are subject to Contracting Officer’s approval.

The following table summarizes the reports under this section. These reports must be submitted in English, unless otherwise stated herein. Other reports/deliverables may be required during the course of the award and the due dates for these will be agreed to between the Contractor and the COR as needed.

No. Reports/Deliverables Due Date 1 Draft First Year Annual Work Plan (AWP) Within 10 calendar days of contract award date.

2 Final First Year AWP Finalize the first year AWP within 45 calendar days of contract award date.

3 Subsequent AWPs

Draft: 30 calendar days before anniversary of contract award date.

Final: 15 calendar days after anniversary of contract award date.

4 Final Performance Monitoring Plan Finalize PMP within 60 calendar days of contract award date.

5 Quarterly Progress Report Within 15 calendar days after the end of each fiscal quarter.

6 Quarterly Financial Report To be submitted as part of the quarterly progress reports.

7 Demobilization Plan Not later than 90 calendar days before the completion date of the contract.

8 Final Report 30 calendar days before the completion date of the contract.

AWPs: See Section C. The AWP must contain clear performance indicators and benchmarks against which the Contractor will report quarterly. Using a Gantt chart or similar format, AWPs must demonstrate how proposed activities and sub-activities are timed and sequenced. The AWP will also contain a budget projection for the covered period, which relates quantifiable outputs to costs estimates. The AWP process is an opportunity to re-evaluate priorities.

Performance Monitoring Plan (PMP): The Contractor shall propose indicators and report on implementation progress towards activity goals and objectives. Indicators that track beneficiaries will be disaggregated by gender.

Under the Strategic Framework for Foreign Assistance, a list of standard indicators has been developed that are designed to enable the USG to track certain outputs. When appropriate, standard indicators should be selected for inclusion in the PMP. In addition, customized performance indicators are needed to adequately measure activity results at the Intermediate level. The activity’s indicators should be disaggregated gender and any other relevant characteristics. The Contractor must update data on a quarterly basis for all activity indicators and targets.

Quarterly Progress Reports: The main purpose of the quarterly report is to discuss progress towards the indicators and results in the PMP and AWP and how the contract objectives have been achieved that quarter. These reports will discuss progress made during the previous quarter, problems encountered when not routine, successes, and good practices. The Contractor must use a clear, logical format for progress reports. The Final Report will be submitted in lieu of a report for the last quarter. Reports must not be longer than 15 pages unless approved by the COR in writing.

The Contractor will not have to submit a report for the first USG fiscal quarter after contract award if there are less than two months for performance in that quarter. For example, if the contract is awarded on November 5, the Contractor would not have to submit a report by January 15. If the contract is awarded on October 13, the Contractor would have to submit a report by January 15.

Quarterly Financial Reporting: These reports must be submitted in conjunction with the Quarterly Progress Report for the approval of the COR. These reports must have a financial summary page that lists the amounts expended for the quarter by major cost item, showing cumulative expenditures to date, and a variance analysis.

The variance analysis will use the detailed cost proposal submitted for the contract award, or any revision made for a subsequent contract budget revision (authorized by the CO), as the baseline budget plan, and, as requested, will be able to explain significant actual expenditure variance in relation to the detailed baseline. The Contractor will also include a brief note on any significant or accrued expenditures for the quarter that have not yet been billed to the contract, along with the specific amount involved, to enable the COR to accurately track the expenditure rate.

Demobilization Plan: The demobilization plan will include an illustrative property disposition plan, a plan for phase out of in-country operations, a delivery schedule for all reports or other deliverables required under the contract and a timetable for completing all required actions in the demobilization plan, including the submission date of the final property disposition plan to the Contracting Officer. USAID will approve or disapprove the proposed plan in writing, at least 60 calendar days prior to the completion of the Contract. However, regardless of any prior approval of all or portions of the proposed disposition plan for assets, USAID reserves the right to direct or redirect such disposition plan.

Final Report: The report must at least address the following:

(1) Financial report showing the amounts expended by major cost categories.

(2) Summary of accomplishments achieved under this contract tied to the contract objective and Intermediate Results.

(3) Clearly show how the contract objectives, deliverables and PMP have been accomplished or not, and why.

(4) Discussion of problems encountered and where objectives were not achieved.

(5) Lessons learned.

(6) Suggestions concerning desirable future and follow-on projects, if any.

(7) Index of all reports and information products produced under this contract.

[END OF SECTION F]

SECTION G – CONTRACT ADMINISTRATION DATA

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

a) Claims for reimbursement or payment under this contract must be submitted to the Paying Office indicated in the schedule of this contract. The Contracting Officer’s Representative (COR) is the authorized representative of the Government to approve vouchers under this contract. The Contractor must submit either paper or fax versions of the SF-1034--Public Voucher for Purchases and Services Other Than Personal. Each voucher must be identified by the appropriate USAID contract number, in the amount of dollar expenditures made during the period covered.

1) The SF 1034 provides space to report by line item for products or services provided. The form provides for the information to be reported with the following elements:

TOTAL

EXPENDITURES

(Document Number:

XXX-X-XX-XXXX)

Line Item Description Amt.

Vouchered To Date

Amt. Vouchered This Period

Product/Service Desc. For Line Item 0001 example:

Salary/Wages

$XXXX.XX $XXXX.XX

Product/Service Desc. For Line Item 0002 example:

Travel

$XXXX.XX $XXXX.XX

Total $XXXX.XX $XXXX.XX

2) The fiscal report must include the following certification signed by an authorized representative of the Contractor:

“The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required Contracting Officer approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.”

BY: ______________________________________________________

TITLE: _____________________________________________________

DATE:…