SOL-383-12-000001 092711.pdf

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TABLE OF CONTENTS

Page

PART I - THE SCHEDULE 5

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE AND CONRACT SERVICES

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

B.4 CONTRACT COMPONENT BASED BUDGET

B.5 INDIRECT COSTS

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

INDIRECT COSTS

B.7 REIMBURSABLE COSTS

B.8 FEE PAYMENT PLAN

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

C.2 BACKGROUND

C.3 DONOR ASSISTANCE PROGRAMS IN THE JUSTICE SECTOR

C.4 PROJECT ACTIVITY OBJECTIVES

C.5 PROJECT ACTIVITY PRINCIPLES AND TECHNICAL GUIDANCE

C.6 STAFFING AND PROJECT ACTIVITY MANAGEMENT

C.7 PROJECT ACTIVITY COMPONENTS

C.8 PERFORMANCE MANAGEMENT AND EXPECTED OUTCOMES

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING POLICY AND STRATEGY

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 DELIVERABLES

F.5 REPORTING AND EVALUATION REQUIREMENTS

F.6 KEY PERSONNEL

F.7 PERFORMANCE STANDARDS AND PROJECT EVALUATION

F.8 LANGUAGE OF REPORTS AND OTHER OUTPUTS

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S AUTHORITY

G.2 ADMINISTRATIVE CONTRACTING OFFICE

G.3 TECHNICAL DIRECTIONS / ACCEPTANCE AND APPROVAL

G.4 CONTRACTOR INVOICES AND USAID PAYING OFFICE

G.5 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SUBCONTRACT CONSENT

H.2 GRANTS UNDER CONTRACT (GUC)

H.3 AUTHORIZED GEOGRAPHIC CODE

H.4 CONTRACTOR ADMINISTRATIVE / LOGISTIC SUPPORT ARRANGEMENTS

H.5 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

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H.6 PERSONNEL COMPENSATION

H.7 EMPLOYMENT OF THIRD COUNTRY NATIONALS (TCNs) AND COOPERATING COUNTRY NATIONALS

(CCNs)

H.8 INSURANCE AND SERVICES

H.9 MANDATORY CONTRACT REQUIREMENTS

a) Executive Order on Terrorism Financing

b) Homeland Security Presidential Directive-12 (HSPD-12)

c) USAID Disability Policy - Acquisition

d) AIDAR 752.7032 - International Travel Approval and Notification Requirements and AIDAR 752.7027 Personnel

e) Business Class Travel

f) AIDAR 752.7004 Emergency Locator Information

g) AIDAR 752.225-70 Source, Origin and Nationality Requirements

h) Local Procurement

i) Source/Origin Requirements for Motor Vehicles

j) Contractor‘s Use of Project Vehicles

k) AIDAR 752.245-71 Title To and Care of Property

l) Value Added Tax and Customs Duties

m) Reporting of Foreign Taxes

n) Information Technology Requirements

o) Approval of Project Funded Websites

p) Foreign Government Delegations to International Conferences

q) USAID/Sri Lanka Acquisition & Assistance – IP NoticesH.10 ..................... CONFLICTS OF INTEREST

H.11 DISCLOSURE OF INFORMATION

H.12 SUBCONTRACTING PLAN AND THE SF 294 – SUBCONTRACTING REPORT

FOR INDIVIDUAL CONTRACTS AND SF 295 – SUMMARY CONTRACTING

REPORT

H.13 GENDER CONSIDERATIONS

H.14 ENVIRONMENTAL COMPLIANCE

H.15 TRAINING RESULTS AND INFORMATION NETWORK (TRAINET)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

I.3 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS

I.4 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUNE 2003)

I.5 FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS

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

I.7 AIDAR 752.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST DISCOVERED AFTER AWARD

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 OF OFFERORS . 57

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

K.3 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

K.4 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

K.5 AIDAR 752.226 01 DISADVANTAGED ENTERPRISE REPRESENTATION

K.6 COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS

K.7 INSURANCE - IMMUNITY FROM TORT LIABILITY

K.8 TIN AND DUNS NUMBERS

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K.9 AUTHORIZED NEGOTIATORS

K.10 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS

K.11 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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

L.2 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.3 FAR 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION

L.4 FAR 52.216-1 TYPE OF CONTRACT

L.5 FAR 52.233-2 SERVICE OF PROTEST

L.6 QUESTIONS AND CLARIFICATIONS

L.7 INSTRUCTIONS TO OFFERORS

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.9 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

L.10 BRANDING STRATEGY

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 OVERVIEW

M.2 CONTRACT AWARD – BEST VALUE

M.3 TECHNICAL EVALUATION CRITERIA

M.4 COST EVALUATION CRITERIA

M.5 CONTRACTING WITH SMALL BUSINESS CONCERNS

M.6 CONTRACTING WITH U.S SMALL BUSINESS CONCERNS IN THE MENTOR-PROTÉGÉ PROGRAM

M.7 DETERMINATION OF THE COMPETITIVE RANGE AND CONTRACT AWARD

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PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS

B.1 PURPOSE

The purpose of this contract is to provide technical assistance and services as described in detail in Section C, Statement of Work for the implementation of USAID/Sri Lanka‘s Increased Responsiveness in the Legal System

(IRLS) project activity.

B.2 CONTRACT TYPE AND CONTRACT SERVICES

This is a cost-plus-fixed-fee (CPFF) completion-type contract. For the consideration set forth below, the

Contractor shall achieve the performance objectives and deliverables or outputs described in Section C and the additional requirements of Section F and H, in accordance with the performance standards specified herein.

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

a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is $

___________. The fixed fee, if any, is $ __________. The total estimated cost plus fixed fee, if any, is $

b) Within the estimated cost plus fixed fee (if any) specified in paragraph a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is $__________. The Contractor shall not exceed the aforesaid obligated amount unless authorized by the Contracting Officer pursuant to the clause of this contract entitled ―Limitation of Funds‖

(FAR 52.232-22). See Section I of this contract.

c) Funds obligated hereunder are anticipated to be sufficient through (TBD).

B.4 CONTRACT COMPONENT BASED BUDGET

a) The contract line item numbers (CLINs) below are based on the Contractor‘s original proposal and/or final proposal revision dated (insert date), which was accepted by USAID through award of this contract.

CONTRACT LINE ITEM (CLIN) BUDGET

Project Activity Component Total

1. Improve the Capacity of the Legal System $_______

2. Strengthen the Technical Knowledge _______

3. Assist Key Stakeholders to Develop Strategic Plans _______

4. Improve Access to Justice _______

Total Estimated Cost Plus Fixed Fee (if any) $_______

Note: The Contractor is not allowed to exceed each CLIN line item estimate by more than 10%, nor is authorized to shift funding between CLINs by more than 10% of the total estimated cost without prior written approval of the

Contracting Officer.

b) Without the prior written approval of the Contracting Office, the Contractor may not exceed the total estimated cost set forth in the budget hereunder or the obligated amount, whichever is less.

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B.5 INDIRECT COSTS

The contract clause entitled ―Allowable Cost and Payment (MAR 2000)‖, FAR 52.216-7, specifies that the indirect cost rates shall be established for each of the Contractor‘s accounting periods that apply to this contract.

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs shall be reimbursed on the basis of the following negotiated provisional or predetermined rates applied to the bases which are set forth below:

Description Rate Base Type Period

1/ 1/ 1/

(To be determined at time of award)

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

REIMBURSEMENT FOR INDIRECT COSTS

a) Reimbursement for indirect costs shall be at final negotiated rates, but not in excess of the following ceiling rates:

Description Rate Base Type Period

1/ 1/ 1/

(To be determined at time of award)

Note: To be determined at time of award - or, if such rates are not proposed and accepted, then the following subsection at a) shall apply:

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

The prime contractor shall not receive indirect cost rate applications that exceed the provisional rates listed above by more than: a) two percentage points above each provisional rate, or b) 10% more than the provisional rate, as applied to the base applications indicated. The rate ceilings imposed depend on which of these two levels (2 percentage points or 10% of listed rate) results in a lower ceiling level on the specific rates indicated. The prime contractor shall also negotiate ceiling indirect costs rates that do not exceed two percentage points or 10% of the individual indirect costs rates for all subcontractor provisional rates per their current NICRA(s) at the time of subcontract award.

b) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform to the lower rates. Final indirect costs exceeding the rate(s) applied to the base(s) shown above shall be absorbed by the Contractor.

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

Contracting Officer.

B.7 REIMBURSABLE COSTS

The U.S. dollar costs determined to be allowable for reimbursement under this contract shall be limited to

RFP SOL-383-12-00001 Page 7 of 111 reasonable, allocable and necessary costs in accordance with FAR Part 31 - Contract Cost Principles and their relevant application (i.e., FAR 31.2 and AIDAR 731.2 for commercial (for profit) organizations or FAR 31.3 and

AIDAR 731.3 for educational institutions, or FAR 31.7 and AIDAR 731.7 for other not-for-profit organizations and the applicable OMB Circulars, FAR 52.2167 - Allowable Cost and Payment, FAR 52.216-8 - Fixed Fee (if applicable), and AIDAR 752.7003 - Documentation for Payment.

B.8 FEE PAYMENT PLAN

Subject to the withholding provision of the contract clause entitled ―Fixed Fee‖ (FAR 52.216-8), the fee amounts specified in Section B.4, if any, indicated for each project activity component shall be paid in installments at the time of each payment on account of allowable costs incurred; the amount of each such installment being determined by applying to the amount payable as allowable cost a percentage reflecting the ratio of the total component fixed fee to the total contract estimated costs for that component, provided the contractor demonstrates adequate progress towards completion of targeted results per component. In accordance with this completion-type contract modality, payment of total component fee amounts will depend on the Contractor‘s demonstrated performance, i.e., in substantially meeting or exceeding the established component target(s). The Contracting

Officer shall determine the final component fee amount, up to the total fixed fee amount indicated, based on the

Mission‘s quantitative and qualitative analysis of Contractor performance and completion of targeted results.

In the event of discontinuance of the work in accordance with the clause entitled ‗Termination‘ (FAR 52.249-6), the Contracting Officer shall readjust the fixed fee in accordance with the considerations contained in FAR

49.305-1.

END OF SECTION B

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SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

The United States Agency for International Development‘s (USAID) Mission in Sri Lanka intends to support a justice sector project activity to: (a) support the Government of Sri Lanka, the Judicial Services Commission and the judiciary plans to improve the management and efficacy of the Sri Lanka legal system, and (b) improve access to justice for Sri Lankan citizens. The project activity will support the institutional capacity development of the

Ministry of Justice, the Judges Training Institute and the Legal Aid Commission to achieve the objectives described below. In the medium term, USAID will continue to support a broad set of objectives to promote development in Sri Lanka.

C.2 BACKGROUND

The main challenges facing the justice sector in Sri Lanka are well known to Sri Lankan legal experts and practitioners. What are often described as the rich sources of Sri Lankan law - the Roman-Dutch system of civil law initiated during 16 th century Dutch rule, almost two centuries of British common law, centuries-old legal traditions of both the Sinhalese and Tamil populations, Islamic law based on the Quran as followed by the Muslim community, and the law of the Kandy kingdom that ruled much of Central Sri Lanka until 1815, has resulted in tension between these systems. Improved access to justice requires the use of both official languages in courts throughout the country. Concerns about improving access to justice are compounded by the low level of efficiency, and the prevalence of delays.

Rather than the standard pride expressed by some in this complex legal structure, it might better be regarded as a source of some persisting legal confusion. Nevertheless, the multiple sources in the legal background clearly show that Sri Lanka definitely has a long tradition of law, but laws that are in need of modernization.

The courts are encumbered in delivering effective justice by long-term procedural complexities – the civil and criminal procedure codes in essence date to the 1880s and British rule – a problem common to South Asia resulting in extreme delays. Court cases in Sri Lanka and other South Asian nations often take more than 10 and even 20 years to be completed.

In the criminal justice system Police prosecutors in Magistrates‘ Courts lack the professional capability of state counsel from the Attorney General‘s Department (AGD) who prosecutes in High Court and the appellate courts.

Bail is permitted by statute but is often denied in practice; as a result, a large percentage of prisoners are being held awaiting trial on remand. Even though representation provided by the Legal Aid Commission (LAC) has been expanded, many defendants still lack effective counsel. Lawyers appointed directly by judges often do not have the necessary experience to provide adequate representation.

The Government of Sri Lanka (GSL) has begun to invest significant resources in the justice sector, with the construction of courts in the north and the completion of new premises for the Judges Training Institute. What are lacking are access to modern systems of management and a formal curriculum for advanced judicial education both upon appointment and on a continuing basis. It is difficult to obtain any statistics on caseloads or case activity in all levels of courts. The use of technology in courts and justice agencies is limited to an old computer system in the Court of Appeal and use of data processing system in Colombo District Court purely for docketing, excluding provision of management reports.

Despite these challenges, there is agreement among the Ministry of Justice (MOJ), the AGD, leading members of the Bar and legal academe on needed reforms in the Sri Lankan justice system.

More recently, the Honorable Chief Justice of Sri Lanka expressed the need to address laws delays and build the technical capacity of the Judge‘s Training Institute (JTI). This consensus may provide the political will necessary for efforts to improve the Sri Lankan justice sector to succeed.

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The Legal Aid Law 1978 of Sri Lanka was enacted for the purpose of providing state-funded legal assistance to

―deserving persons‖. The Legal Aid Commission is an incorporated agency that comprises nine members, six of whom are nominated by the Bar Council of Sri Lanka for appointments of up to three years. The other three members are appointed by the Minister of Justice and are invariably retired judges or senior legal practitioners.

The commission operates from offices in 47 town centers across the country, relying on 72 full time salaried staff attorneys and a range of panel lawyers in private practice. It also operates a range of special desks that deal with such fields as human rights, anti-corruption, child rights, consumer rights, disabled person‘s rights, elder‘s rights, internally displaced persons, migrant workers‘ rights, a school program, women‘s rights and newspaper publication of legal information articles.

In practice, at least until recent times, this provision has been interpreted by the Legal Aid Commission as requiring it to assist persons only in civil cases, rather than criminal. The commission has provided assistance in relation to bail applications, but otherwise appears to rely on the assigned counsel system as sufficient to cover criminal legal representation. In fact, the absence of criminal legal aid in magistrates‘ courts is viewed by some as a shortcoming in the commission‘s interpretation of its own statutory charter.

In the short term, the establishment of a donor supported legal defense fund may address the issue of legal assistance in cases that involve the criminal law. Such a fund will help sustain the financial viability of the legal aid providers, something that may produce further benefits in terms of their work to secure the legal rights of all

Sri Lankans.

C.3 DONOR ASSISTANCE PROGRAMS IN THE JUSTICE SECTOR

World Bank Project

Legal and Judicial Reform Program

The World Bank funded a substantial justice reform project in the three years up to 2007. Much of the project budget was committed to capital works improvements, including a number of new courthouse construction and refurbishment programs.

But it also included assistance in the form of procurement of office equipment, new technology and training programs. Numerous agencies of the judiciary benefited from the project, including the Judicial Services

Commission, the Sri Lanka Judges‘ Institute, the district courts in Colombo, and judicial officers generally by means of the judicial training opportunities offered. The Ministry of Justice established an implementation unit to administer most aspects of the project.

Although there were high expectations that the World Bank‘s Legal and Judicial Reform Project would be succeeded by a second project of similar scale from 2008, this did not happen. The World Bank, while still open to the prospect of offering assistance to the justice sector in Sri Lanka, has no current plans to do so.

The United Nations Development Program (UNDP)

Equal Access to Justice Project (Phase II)

The UNDP has been active since 2004, chiefly via the Ministry of Official Languages and Social Integration

(formerly the Ministry of Constitutional Affairs and National Integration). The Access to Justice (A2J) programs have focused on legal awareness building through support for legal aid programs and paralegals at the community level. They have supported state institutions such as the Prisons Department and the Sri Lanka Bar Association.

Their work includes both field interventions and support in policy development. UNDP activities under its justice programs have endeavored to promote alternative sentencing and they are working with Asian Development Bank and others in the north to support the re-establishment of courthouses in the province.

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The current vehicle for the UNDP‘s work in the justice sector is the Equal Access to Justice Project – Phase II, valued at over $7 million being implemented between 2009 and 2012 and it appears that approximately $1.5 - $2 million has been committed. The phase II project was, according to its project document, developed to deepen and orient the prior phase I activities (between 2004 and 2008) ―within a conflict prevention framework, while also continuing the shift of the primary focus to the east and north, as well as to the estate sector, and addressing trust/confidence-building, gender-equity, peaceful conflict resolution and mediation.‖

The phase II project outputs and activities are evidently intended to build trust and faith in the justice system and to support confidence building through the rule of law and access to justice. The main beneficiaries of these activities are internally displaced people in the North and East, estate workers, women and other groups affected by conflict or marginalization. UNDP funding has been used to facilitate development of national policy on legal aid and to equip the Judges Training Institute in Colombo. However, beyond these efforts, there are no plans to address core aspects of judicial system performance.

Other donors appear to have opted to watch the progress of the UNDP project or otherwise hold off on making any definite commitments of funds for Rule of Law activities. An exception, however, is the Netherlands, which has indicated a clear interest in supporting judicial education. This comes at a time when a new building for the

JTI is nearing completion, and the MOJ is seeking donors for judicial education.

C.4 PROJECT ACTIVITY OBJECTIVES

This Statement of Work (SOW) is based on an expression of interest in USAID‘s investment in the justice sector by the Government of Sri Lanka‘s MOJ. The MOJ has specified several areas in which it desires USAID assistance, including case management, judicial training, professional prosecution, procedural reform, and sentencing policy. Therefore, as an overall guiding principle, the Contractor must design and implement a project activity in partnership with the MOJ.

The GSL‘s commitment to investing and improving the Sri Lanka justice system is the basis for USAID moving forward with the Increased Responsiveness in the Legal System (IRLS) project activity. USAID intends to support activities that assist the GSL to implement programs, and improve, or modernize the following elements of the justice sector:

Strengthen the capacity of the Judges Training Institute (JTI)

Support the design of improved case management systems in the Sri Lanka courts

Provide technical assistance and training to non-judicial court officials

Provide improved access to justice services to Sri Lankan citizens in targeted regions

USAID supports each of the objectives discussed above because individually, each appears clearly likely to build public confidence in the justice system and improve the administration of justice in Sri Lanka.

Activities should be developed in well-designed phases, so progress can be gauged in relation to the commitment of the government to strengthen the rule of law. Moreover, the IRLS is a discrete set of efforts rather than a comprehensive, all-inclusive rule of law or overall justice system improvement project. The basis for future USG support in this sector will be based on clear evidence of support for improved rule of law by the Government of

Sri Lanka.

C.5 PROJECT ACTIVITY PRINCIPLES AND TECHNICAL GUIDANCE

Past donor supported improvement efforts in the justice sector have floundered on the apparent inability of institutions to assume the financial burdens involved and to deploy adequately trained personnel. Throughout the life of the IRLS project activity, USAID and the contractor will engage in extensive consultations with the

MOJ, the Judicial Services Commission (JSC), the High Court Judges Association (HCJA), the Judicial

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Services Association (JSA), the Legal Aid Commission (LAC), and the Judges Training Institute (JTI). This consultative process is especially important, and the relationships developed will enable USAID Sri Lanka and the implementer contractor to assist the Government of Sri Lanka develop and implement an adequately resources long-term strategic plan to strengthen the justice sector in Sri Lanka.

Use innovative learning techniques to broaden the experience of participants in training programs to include skills in communication, teamwork, and management.

Involve all stakeholders as early as possible in the implementation process.

Design curricula and teaching materials that are engendered and reconciliation issues to encourage the development of a justice sector and judiciary that is sensitized to the needs of women and targeted communities in Sri Lanka.

Where possible, the Contractor shall propose activities that support the Legal Aid Commission and other service providers to implement the Government of Sri Lanka‘s national policy on legal aid.

Where possible, prioritize leveraging competencies and resources from Sri Lanka and within the region

(South and South East Asia).

Take full advantage of IT applications, GSL court automation programs, regional training facilities, including distance learning programs for the judiciary and court administrators.

USAID anticipates that the Honorable Chief Justice of Sri Lanka, or her nominee will Chair an advisory committee to provide broad policy direction and guidance for the IRLS project activity. The committee will include representatives from key Government of Sri Lanka agencies, including, but not limited to: The Ministry of Justice and Law Reform, the Attorney-General‘s Department and the Ministry of Finance. This committee‘s functions will include providing guidance to the implementer of the IRLS project activity. The implementer‘s staff will serve as an informal secretariat for the advisory committee by arranging meetings, preparing the agenda and circulating the minutes. At a minimum, the implementer will be expected to report to the advisory committee on a quarterly basis.

The implementer will complete a gender analysis of the Sri Lanka legal system to ensure that relationships between men and women in all components of the IRLS project activity are understood and addressed in the annual work plans and during the implementation of all activities.

C.6 PROJECT ACTIVITY MANAGEMENT

The Contractor must provide the technical expertise and staffing, in professional composition and organizational structure, to field an effective project implementation team. The Contractor shall establish an in-country main office structure and as well as any needed field sub-offices. The USAID Sri Lanka Mission and the MOJ have signed a project approval document that confirms the MOJ‘s commitment to provide office space for the IRLS

Contractor in the MOJ. Upon award, the Contractor will establish the IRLS program office in the space allocated by the MOJ.

The Contractor is responsible to define each staff member‘s role and management / technical / administrative expertise requirements to implement planned project activities and achieve the targeted IRLS goals and objectives, and deliver / complete the targeted beneficiary results. As part of this project effort, the Contractor shall provide any needed local or international short-term technical assistance to target beneficiary agencies and organizations, as identified in collaborative activity management performance plans, and as approved by the

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Mission COTR, as well as sufficient and necessary home office (US) technical and administrative support and backstopping.

USAID/Sri Lanka is represented by the Regional Contracting Officer (RCO) at USAID/India‘s Regional Office of

Acquisition and Assistance (ROAA), with support from his counterpart contract administration liaisons within the

Mission Executive Office, Acquisition and Assistance unit (EXO A&A). In addition, Mission Senior

Management and the DG Office Director shall provide advisory support, and the Contracting Officer‘s Technical

Representative (COTR) shall provide supervisory technical direction and coordination to the Contractor, as specifically identified and indicated in a separate COTR designation letter.

On behalf of the Government of Sri Lanka, the following points of contact have been designated:

- The Sri Lanka Judiciary- Ms. Geethani Wijesinghe, the Secretary to the Hon. Chief Justice

- The Judicial Service Commission- Mr. Sudath Gopallawa, Secretary, Judicial Service Commission

- The Judge‘s Training Institute- Justice T.B. Weerasuriya and Justice P.H. Kulatilake, Co-Directors of the

Sri Lanka Judge‘s Institute

- Ministry of Justice- Ms. Kamalini De Silva, Additional Secretary (Legal)

- Ministry of Justice- Mr. A.K.D.D Arandara, Senior Assistant Secretary / Administration

C.7 PROJECT ACTIVITY COMPONENTS

Component 1: Improve the Capacity of the Legal System to deliver more transparent and higher quality justice

A fundamental barrier to the design of appropriate donor-sponsored interventions is the lack of essential information about the resources committed to the justice system and the actual performance standards of that system.

The lack of access to essential data that tracks the operational aspects of the Sri Lanka legal system indicates that justice sector agencies require assistance to collect and use performance data. Even if such data are actually collected and compiled by the courts and other agencies, it seems likely that more use of these data can be made to inform decision making concerning the management of the justice system.

The development of active systems of monitoring justice system performance is an important goal of this project activity.

It appears that this problem has been avoided as a direct issue by other donors to date because most other donor interventions have been in areas that are not necessarily dependent on access to general statistics about prosecutorial and civil litigation activities. Examples include programs focused on targeted regions of Sri Lanka where the programmatic focus by most donors has been on access to justice, rather than the general state of justice services across all communities.

Thus, USAID will support improved management and transparency in the justice sector by funding the development of a system to monitor and evaluate performance in the courts.

USAID will pursue this objective through the development and publication by the MOJ and Judicial Services

Commission (JSC) of an annual report that catalogues and publicizes comprehensive data of caseloads and the financial and physical resources within the legal system.

This project activity will require the reinforcement of the existing management capacity of both institutions to collect, compile, validate, and publish legal system performance information.

A key impediment to improved transparency of justice system performance is the cost of publishing information.

LawNet is Sri Lanka's first and only online database of legal information. It serves as a tool for lawyers and public

RFP SOL-383-12-00001 Page 13 of 111 to access legal information in Sri Lanka‘s legal framework. Moreover, it provides access to a collection of legal information including statutes, case law, conventions and articles. LawNet was established with funding from the

World Bank‘s Judicial and Legal Reform project. The link to the Law Net website is http://www.lawnet.lk/index.php

The LawNet service has been criticized as erratic with the website remaining active but carrying material that had not been updated. While some judicial users appeared to find the existing system useful, the MOJ‘s website discloses limited current material. Improvement of the existing system aimed at giving justice sector agencies incentive to publish information promptly about their operational performance via web pages would benefit users and encourage other potential users to use this important potential resource.

This kind of commitment will entail underwriting the development of skills within each partner institution for the production of original information about agency performance that may be incorporated into a website, along with support to the print production of a selection of publications, such as annual reports.

Deliverable Number 1.1 - Improved case management and administrative processes within the Sri Lankan legal system, with emphasis on case delay reduction, and efficacious case management.

- Sub-deliverable 1.1 (a): Gather caseload and other justice sector data to plan improvements:

(i) Based on data that may be provided by the JSC and the MOJ, the Contractor will prepare a statistical picture of justice sector operations for use in all other activities. In other jurisdictions, this is a vital first step toward improving the operations of the justice system worldwide.

- Sub-deliverable 1.1 (b): Plan initial delay reduction effort in civil and criminal cases:

(i) In partnership with the MOJ and JTI, develop a curriculum to train the judiciary and court administrators in the principles of modern case management; and

(ii) Complete a training program in case management for 192 District Court Judges and Magistrates.

- Sub-deliverables 1.1 (c): Annual reports and case digests are produced:

(i) Promote improved information gathering within the Sri Lankan legal system by partnering with the

MOJ and the JSC to publish annual reports with statistical data, analysis and explanatory narrative about the Sri Lanka legal system; and

(ii) Develop and operationalize a web-based system to share these data and raise awareness of government officials and other stakeholders regarding the existing barriers to improve case management in the Sri Lanka legal system.

- Sub-deliverable 1.1(d): A plan for the automation of case management processes is developed:

(i) In partnership with the MOJ, JSC, the Judicial Services Association (JSA) and the High Court Judges

Association (HCJA), design an action plan to implement a modern and efficient case management system that utilizes manual and or electronic techniques to provide up-to-date information to judges, lawyers, and administrative staff. The plan will be informed by a national survey to assess public confidence in the legal system which is a deliverable under Component 3 (below). The plan should include elements of legal and procedural reform; management and administrative reform; financial resources required for implementation; training programs required for implementation; and timeline for implementation.

(ii) The draft action plan will be peer reviewed by a team of eminent judges and court administrators from selected jurisdictions and their comments and suggestions shared with the institutions listed above and the IRLS project activity advisory committee;

(iii) The draft action plan will be launched at a national conference and open for public review;

(iv) The Contractor will synthesize the comments and suggestions received from stakeholders and members of the public and present them to members of the ministry, associations and institutions listed above with a set of final edits and recommendations;

(v) The Contractor will assist these institutions to finalize the action plan and present to a broad range of stakeholders and complete the deliverables described in Component 3 below.

http://www.lawnet.lk/index.php

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Component 2: Strengthen the Technical Knowledge of judges, and non-judicial officers

The Sri Lanka Judges‘ Training Institute (JTI) conducts a series of training programs that offer a nascent continuing education program for the judiciary of the subordinate courts and provide a set of training opportunities to the higher judiciary. The MOJ and members of the lower judiciary suggested that donors provide opportunities for members of the judiciary to pursue academic programs overseas and locally. With the exception of the World Bank‘s Judicial and Legal Reform Project that ended in 2007, donors have tended to avoid assisting the judiciary except in areas that related to their internal programmatic priorities. The World Bank project contributed to judicial education but further assistance must be provided in such a way that is as inclusive as possible. This may be achieved by offering programs that are of a sufficient scale as to benefit all 60 High Court judges and all 192 district judges and magistrates.

Activities under this component must assist Sri Lankan trainers and institutions to shift training methodologies from a lecture based to modern methodology in adult learning, making a distinction between imparting knowledge by lecturing and equipping judges with skills to improve job performance - achieved by training.

USAID assistance provided by the Contractor will prioritize developing the JTI‘s capacity through:

- The establishment of a sustainable partnership between a overseas judicial training center and the JTI; and

- A specialized training program that features prominent jurists and academics from Sri Lanka, and other common-law jurisdictions.

The Contractor will utilize the resources of the University of Colombo, the Sri Lanka Law College, the Sri Lanka

Institute for Development Administration and other appropriate institutions to offer funded training opportunities to non-judicial officers that focus on strengthening their skills in management and administration, and the development of public policies on improved service provision in the legal system.

In that connection, training programs offered to government officers may be augmented by the simultaneous procurement of tools of trade in government, such as information technology equipment, printers, and access to the Internet.

The MOJ has identified the preparation of court transcripts as a weakness in prosecutorial and civil litigation. The

Commercial High Court, three district courts in Colombo and the district courts in Kandy have an electronic system to record court proceedings but in all other courts, stenographers record proceedings manually. The JSC is responsible for the recruitment, training and assignments for the approximately 900 stenographers working in the

Sri Lanka courts. All stenographers have to obtain a qualification in shorthand prior to recruitment into the civil service. In a limited number of courts, the stenographers type out the transcript of proceedings on computers but most stenographers only have access to manual typewriters.

Besides the process of preparing court transcripts, the judiciary and legal profession highlight the lack of bi-lingual Court Stenographers, especially with knowledge of Sinhala or Tamil and English. The GSL is re-establishing the court system in the North and there will be a critical need for bi-lingual Court Stenographers with

Tamil-English and Tamil-Sinhala skills.

Deliverable Number 2.1 - Judicial exchange and study tour programs are implemented.

It is important to initiate judicial training programs that include a series of well-planned judicial exchanges and study tours to appropriate court locations overseas.

Recently, GSL officials and members of the judiciary visited Singapore to study the case management systems operating in the country. In the past, similar exchange programs and study tours have visited India and Malaysia.

The aim of the judicial exchange programs is to increase the awareness of Sri Lankan judges at all levels of the broader role for the judiciary as managers of a responsive and efficient legal system. Some features of overseas

RFP SOL-383-12-00001 Page 15 of 111 legal systems that may be emphasized in relation to improved case management of a legal system are: the role of

Supreme Courts and judicial councils in administering court systems; the role of professional court administrators in the efficient management of a legal system; and, the willingness of judges to take control of the case calendars from lawyers (in civil cases) and prosecutors (in criminal cases).

Many overseas courts can also serve to demonstrate how the courts themselves become capable of performing advanced budget, personnel, and statistics functions. How automated information systems can assist courts in managing caseloads will also be gained during these study tours and exchanges.

Deliverable Number 2.2 – Establish a technical cooperation partnership between an overseas judicial training center and the Sri Lanka Judges Training Institute.

The successful achievement of the following sub-deliverables will require the strategic and complementary use of resources allocated for Component 2, Deliverable Number 2.1.

- Sub-deliverable 2.2 (a): Identify an overseas judicial training center approved by USAID and facilitate the signing of a Memorandum of Understanding (MOU) between the selected overseas judicial center and the Judges

Training Institute (JTI).

- Sub-deliverable 2.2 (b): The overseas judicial training center and the JTI develop a sustainable partnership to strengthen the institutional capacity of the JTI.

- Sub-deliverable 2.2 (c): In partnership with an overseas judicial training center, the Contractor will design a judicial education program that will be implemented by the JTI, including:

(i) Curricula for an introductory and a continuing judicial education program are designed;

(ii) An assessment to identify Sri Lankan trainers and their skills gaps for the introductory and continuing judicial education program is completed;

(iii) A training of trainers program for the introductory and continuing judicial education program is completed;

(iv) All new appointments to the judiciary follow the introductory training program for judges;

(iv) 192 District Judges and Magistrates follow the continuing legal education program;

(v) A specialized training program for judges in legal English is designed and implemented; and,

(vi) Eminent jurists from common law jurisdictions are identified to conduct specialized training programs for the senior judiciary.

- Sub-deliverable 2.2 (d): The Contractor will provide ten (10) scholarships per year for High Court, District

Judges or Magistrates to attend the University of Colombo‘s Master of Laws program. The candidates will be selected in consultation with the Judicial Services Commission.

- Sub-deliverable 2.2 (e): The Contractor will develop a strategic plan for the JTI that identifies capacity needs and resource requests and shared with stakeholders including the judiciary, government officials, academics, the legal profession and the donor community.

Deliverable Number 2.3 - The technical capacity of non-judicial officers is enhanced.

The objective for this deliverable will be achieved after the judges, the JSC, and the MOJ have defined the full scope of managerial responsibilities for non-judicial officers.

Court administrator training should be designed following the judicial study tours. An impact indicator for the study tours should include some demonstration of acceptance of the need for reform and identification of a clear way forward to achieve improvements. The objective being that judges who now control all operations in Sri

Lankan courts become aware of the need for professionalization of court administration as has occurred throughout the world. France, for example, operates a special training academy for court clerks and administrators.

Appropriate training institutions may include: the Sri Lanka Law College, the University of Colombo, the Post-

Graduate Institute of Management at the University of Sri Jayewardenepura, the Sri Lanka Institute for

Development Administration and the Official Languages Department.

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- Sub-deliverable 2.3(a): Once judicial acceptance is secured:

(i) Develop a modernized training curriculum for court administrators and share with stakeholders including the judiciary, government officials, academics, the legal profession and the donor community;

(ii) Identify a training institution and develop a resource plan in partnership with the MOJ and the JSC to implement the training program;

(iii) Provide a training of trainers program for the new curriculum; and

(iv) Train 75 Court administrators in the complete training program.

- Sub-deliverable 2.3(b): Training for Court Stenographers:

(i) Ensure that 50 Court Stenographers assigned to the Supreme Court, the Court of Appeal and the

Commercial High Court complete an introductory training program in English conducted by a recognized institution;

(ii) Ensure that 50 court stenographers complete an advanced program in written English that focuses on drafting court orders and preparing transcripts;

(iii) Ensure that 50 court stenographers complete a computer and information technology training program;

(iv) Ensure that 25 Court Stenographers assigned to courts in the Northern Province complete a recognized course in Sinhala or Tamil and English; and

(v) Ensure that Court stenographers in the Supreme Court, Court of Appeal and the Commercial High

Court have use of desktop computers and the technical skills / software to produce court orders and transcripts of proceedings.

The language training program will include a specialized vocabulary in key technical areas. Examples of technical areas may include: general and forensic science, construction, economics, banking and commercial business practices, accounting, and agriculture and land legal issues.

Component 3: Assist Key Stakeholders to Develop Strategic Plans to modernize the process of case management in the Sri Lanka legal system

Deliverable Number 3.1 - National Survey on Public Confidence in the Legal System.

Design a national survey to assess public confidence in the legal system and share the survey instrument with the advisory board for comment prior to being finalized;

(i) Conduct a national survey through an indigenous survey organization / firm and provide survey data and analyses; and

(ii) Publicize the final survey report and ensure that it informs the policy reform elements in Components

1 and 3, and the curriculum design and training elements in Component 3.

Deliverable Number 3.2 – Establish a consultative process to develop a strategic plan to modernize the Sri

Lankan legal system.

The process should include a broad range of stakeholders, including but not limited to the institutions listed in

Component 1, academia, civil society, civil servants from select government ministries and departments(e.g. the

Ministry of Finance, the Ministry of Economic Development, the Ministry of Social Integration and Official

Languages, the Ministry of Land and Land Development and the Ministry of Public Administration and the

Attorney-General‘s Department), facilitated by the Contractor and USAID staff.

Deliverable Number 3.3 – Develop a case management system and procedural reforms to simplify civil and criminal procedure that are accepted by stakeholders.

The result of the consultative process established under Deliverable Number 3.2, will be a road map for the implementation of a package of reforms that will reduce laws delays in the Sri Lanka courts. The road map will be a comprehensive document that will contain a detailed description of legal, procedural and policy reforms

RFP SOL-383-12-00001 Page 17 of 111 required to reduce laws delays. In addition, the road map will include an implementation plan, timeline and resources required form the Government of Sri Lanka and / or the donor community.

Component 4: Improve the Access to Justice for communities in targeted regions

The objective for this component will be the establishment of a legal defense fund that will support legal advice and representation services for targeted communities. The funds budgeted and used for this component will not exceed ten percent of the contract budget. The funds will be dispersed through subgrants to legal aid providers and where ever possible, support will be provided to legal aid providers headquartered in the targeted regions.

The subgrants under this component will prioritize the following: raising public awareness about accessing the court system and legal services; and (b) the provision of legal services. The Contractor may propose subgrants to support legal awareness raising activities implemented by organizations headquartered in the targeted project activity regions of Sri Lanka. Wherever possible, the Contractor will seek to engage with and support traditional community organizations e.g. Women‘s Rural Development Societies, traders associations and the members of cooperative societies.

Deliverable Number 4.1 - Subgrants Program.

The Contractor will award subgrants to regional organizations that may include universities, bar associations and other suitable institutions headquartered in targeted regions to provide legal aid services to targeted communities;

and

Deliverable Number 4.2 - Public Awareness Campaign.

The Contractor will support institutions headquartered in the targeted region / regions to implement a program to raise public awareness of access to justice issues – including information about the jurisdiction of the courts and how to access the legal system - and availability of legal aid providers.

C.8 PERFORMANCE MANAGEMENT AND EXPECTED OUTCOMES

Through IRLS, USAID expects the Contractor to implement a project that will have measurable results and build long-term capacity of the activity‘s partner institutions so that they will be able to deliver new tools and skills to build competencies within the Sri Lanka legal system.

In the long term, these interventions should ultimately benefit the citizen consumer - litigants, witnesses, and victims of crimes and the Sri Lankan…