SOL-514-12-000001

U.S. Agency for International Development

Cra 45 # 24B – 27, Gate 2

Bogotá

Colombia

Tel: (571) 315 0811

Fax: (571) 383 2319 www.usaid.gov

Date Issued: March 15, 2012 Questions Due date and time: March 30, 2012 3:00 P.M. (Local Colombian Time) Closing Date and time: April 20, 2012 3:00 P.M. (Local Colombian Time)

Subject: SOL-514-12-000001 – Access to Justice Activity (AJA)

Dear Sir/Madam:

The United States Government, represented by the United States Agency for International Development (USAID)/Colombia, is seeking the services of a Contractor to strengthen access to justice in Colombia.

Electronic Responses are required (See Section L). Please submit your Proposals to the e-mail addresses below by April 20, 2012 3:00 P.M. (Local Colombian Time). Receipt by any one of these three addressees will constitute timely receipt for this Request for Proposal (RFP). Receipt time is when the Proposal is received by AID/Washington internet server. The addresses for the receipt of proposals are:

otrigo@usaid.gov, SSearcie@usaid.gov and acox@usaid.gov. Hand delivered proposals (including commercial courier) and facsimile transmission will not be accepted.

The Technical Proposal has a strict sixty (60) page limit. Offerors are advised that any pages exceeding this limit will not be evaluated. Offerors are reminded that the Evaluators have to be able to read the proposals, so presentation and legibility are crucial.

Interested firms can register and use the Interested Vendor List (IVL) accessible through this solicitation on www.FedBizOpps.gov, so that firms can contact one another for consideration of teaming arrangements and/or small business subcontracting opportunities in response to this solicitation.

USAID plans to award a four (4) year Cost plus Fixed-Fee (CPFF) completion type contract.

Exclusivity agreements with local organizations and individuals are strongly discouraged by USAID. This RFP does not obligate the United States Government to award a contract, nor does it commit USAID to pay for any costs incurred in the preparation or submission of proposals. USAID reserves the right to award this contract without discussions.

Sincerely yours, Adam Cox Contracting Officer Office of Acquisition & Assistance (OAA) mailto:otrigo@usaid.gov mailto:SSearcie@usaid.gov mailto:acox@usaid.gov http://www.fedbizopps.gov/

1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

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

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

9. Sealed offers in original and _____________________________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until local time _______________________ (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

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

AREA CODE NUMBER EXT.

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

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

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

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA L INSTR., CONDS., AND NOTICES TO OFFERORS

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _180_ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGEMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the

SOLICITATION for offerors and related documents numbered and dated:

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 15A. NAME AND

ADDRESS

OF OFFEROR

(Type or print)

15B. TELEPHONE NUMBER 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified) 10 U.S.C. 2304(a) ( ) 41 U.S.C. 253(c) ( )

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

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

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

(Signature of Contracting Officer)

(REV. 9-97)

10. FOR INFORMATION CALL:

11. TABLE OF CONTENTS

STANDARD FORM 33

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror)

AWARD (To be completed by Government)

N/A

SOL-514-12-000001

X

REQ-514-12-000010

Office of Acquisition and Assistance (OAA)

USAID/Colombia

Unit 3030, Box 5101

DPO AA 34004

N/A

See Section L.

Omar Trigo

Sean Searcie

Adam Cox 011/57-1 275-4135 otrigo@usaid.gov

SSearcie@usaid.gov acox@usaid.gov

See Attached Table of Contents

X

X

X

X

X

X

X

X

X

X

X

$.00 See G.6 ACCOUNTING AND APPROPRIATION DATA

Controller's Office

USAID/Colombia

Unit 3030, Box 5101

DPO AA 34004

mailto:otrigo@usaid.gov mailto:SSearcie@usaid.gov mailto:acox@usaid.gov

SOL-514-12-000001

TABLE OF CONTENTS

Page

SECTION A – SOLICITATION/CONTRACT FORM

SF 33 SOLICITATION, OFFER AND AWARD

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

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

B.4 INDIRECT COSTS (DEC 1997)

B.5 COST REIMBURSABLE

SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING POLICY

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

E.3 MONITORING AND EVALUATION PLAN/PERFORMANCE STANDARDS

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 WORKPLAN AND IMPLEMENTATION

F.3 PROGRAM PERFORMANCE MANAGEMENT

F.4 PERIOD OF PERFORMANCE

F.5 REPORTS

F.6 PLACE OF PERFORMANCE

F.7 KEY PERSONNEL

SECTION G - CONTRACT ADMINISTRATION DATA

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

G.2 ADMINISTRATIVE CONTRACTING OFFICE

G.3 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.5 PAYING OFFICE

G.6 ACCOUNTING AND APPROPRIATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 AIDAR 752.225-70 SOURCE, ORIGIN AND NATIONALITY REQUIREMENTS (FEB 1997)

H.3 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007)

H.4 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION (JUL 1997)

H.5 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE

DOCUMENTS (JAN 2004)

H.6 AIDAR 752.7007 PERSONNEL COMPENSATION (JULY 2007)

H.7 PERSONNEL COMPENSATION COSTS, ADDITIONAL INFORMATION

H.8 AUTHORIZED GEOGRAPHIC CODE

H.9 LOGISTIC SUPPORT

H.10 LANGUAGE REQUIREMENTS

H.11 EXECUTIVE ORDER ON TERRORISM FINANCING (FEB 2002)

H.12 REPORTING OF FOREIGN TAXES (JULY 2007)

H.13 USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004)

H.14 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION REQUIREMENTS

(JAN 1990)

H.15 ELECTRONIC SUBMISSION OF DOCUMENTS

H.16 SECURITY CONDITIONS

H.17 SECURITY PROTOCOL

H.18 SECURITY REPORTING

H.19 LIFE SUPPORT AND SECURITY SERVICES

H.20 OUTREACH AND COMMUNICATIONS SUPPORT

H.21 PROHIBITION OF ASSISTANCE TO A LAW ENFORCEMENT FORCES IN COLOMBIA

H.22 SUBCONTRACTING PLAN AND THE SF 294 – SUBCONTRACTING REPORT FOR INDIVIDUAL

CONTRACTS AND SF 295 – SUMMARY CONTRACTING REPORT

H.23 PUBLICATIONS AND MEDIA RELEASES (JAN 2004)

H.24 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

H.25 GRANTS UNDER CONTRACTS (GUCS)

H.26 PROHIBITION ON THE USE OF FEDERAL FUNDS TO PROMOTE, SUPPORT, OR ADVOCATE

THE LEGALIZATION OR PRACTICE OF PROSTITUTION – TIP ACQUISITION (MAY 2007)

H.27 ENVIRONMENTAL COMPLIANCE

H.28 ENVIRONMENTAL CONSIDERATIONS

H.29 GOVERNMENT-FURNISHED PROPERTY

H.30 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES (JANUARY

2002)

H.31 AIDAR 752.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT)

H.32 STANDARDS FOR ACCESSIBILITY FOR THE DISABLED IN USAID CONSTRUCTION

CONTRACTS (JULY 2007)

H.33 SPECIAL REQUIREMENTS FOR CONSTRUCTION ACTIVITIES

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

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

MATTERS (JAN 2011)

I.4 52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

I.5 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

I.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF EXHIBITS/ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2011)

K.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K.4 SIGNATURE

K.5 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR

PRICING DATA - ALTERNATE IV (OCT 1997)

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

L.4 52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (FEB 1993)

L.5 52.233-2 SERVICE OF PROTEST (SEPT 2006)

L.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.7 EXPLANATION TO PROSPECTIVE OFFERORS

L.8 GENERAL INSTRUCTIONS TO OFFERORS

L.9 PROPOSAL FORMAT AND CONTENT

L.10 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.11 INSTRUCTIONS FOR THE PREPARATION OF THE COST/BUSINESS PROPOSAL

L.12 BRANDING IMPLEMENTATION PLAN AND MARKING PLAN

L.13 APPROACH TO ACHIEVING ENVIRONMENTAL COMPLIANCE AND MANAGEMENT

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

M.2 METHOD OF EVALUATION

M.3 EVALUATION FACTORS

M.4 RELATIVE IMPORTANCE OF FACTORS AND TECHNICAL SUBFACTORS

EXHIBITS/ATTACHMENTS

EXHIBIT 1 - IDENTIFICATION OF PRINCIPAL GEOGRAPHIC CODE NUMBERS

EXHIBIT 2 - USAID FORM 1420-17 - CONTRACTOR BIOGRAPHICAL DATA SHEET

EXHIBIT 3 - SMALL BUSINESS SUBCONTRACTING PLAN

EXHIBIT 4 - BRANDING IMPLEMENTATION PLAN AND MARKING PLAN

ATTACHMENT 1 - SF LLL - DISCLOSURE OF LOBBYING ACTIVITIES

ATTACHMENT 2 - BRANDING STRATEGY

ATTACHMENT 3 - SUMMARY COST WORKSHEETS

Electronic version is uploaded as a separate Microsoft Excel (.xlsx) file in http://www.fedbizopps.gov/

ATTACHMENT 4 - U.S. MISSION COLOMBIA LOCAL COMPENSATION PLAN

Electronic version is uploaded as a separate Adobe Acrobat (.pdf) file in http://www.fedbizopps.gov/

ATTACHMENT 5 - ASSESSMENT OF USAID/COLOMBIA’S JUSTICE REFORM AND

MODERNIZATION PROGRAM

Electronic version is uploaded as a separate Adobe Acrobat (.pdf) file in http://www.fedbizopps.gov/

ATTACHMENT 6 - GENDER ASSESSMENT

Electronic version is uploaded as a separate Adobe Acrobat (.pdf) file in http://www.fedbizopps.gov/

ATTACHMENT 7 - BALANCE DE LA LEGISLATURA 2010-2011 EN MATERIA PENAL

Electronic version is uploaded as a separate Adobe Acrobat (.pdf) file in http://www.fedbizopps.gov/

ATTACHMENT 8 - BALANCE DE FUNCIONAMIENTO DEL SISTEMA PENA ACUSATORIO EN

COLOMBIA

Electronic version is uploaded as a separate Adobe Acrobat (.pdf) file in http://www.fedbizopps.gov/

ATTACHMENT 9 - ESTUDIO EXPLORATORIO SOBRE LA TRANSPARENCIA EN LA JUSTICIA

COLOMBIANA

Electronic version is uploaded as a separate Microsoft Word (.docx) file in http://www.fedbizopps.gov/

ATTACHMENT 10 - JUSTICIA EN LAS ZONAS CSDI (SITUACION ENCONTRADA A FEBRERO 2001)

Electronic version is uploaded as a separate Microsoft Word (.docx) file in http://www.fedbizopps.gov/

ATTACHMENT 11 - JUSTICIA EN LAS ZONAS CSDI (SITUACION ENCONTRADA A FEBRERO 2011)

Electronic version is uploaded as a separate Microsoft Word (.docx) file in http://www.fedbizopps.gov/ http://www.fedbizopps.gov/ http://www.fedbizopps.gov/ http://www.fedbizopps.gov/ http://www.fedbizopps.gov/ http://www.fedbizopps.gov/ http://www.fedbizopps.gov/ http://www.fedbizopps.gov/

SOL-514-12-000001 SECTION B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to increase access to renewable energy sources and energy efficient practices in Colombia through a combination of project development support, technical assistance, and enabling environment reforms.

B.2 CONTRACT TYPE

This is a Cost-Plus-Fixed-Fee (CPFF) completion contract. For the consideration set forth below, the Contractor shall provide the deliverables or outputs described in Sections C and F in accordance with the performance standards specified in Sections C and F.

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 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.

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

B.4 INDIRECT COSTS (DEC 1997)

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 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: Predetermined Period:

2/Base of Application:

Type of Rate: Predetermined Period:

3/Base of Application:

Type of Rate: Predetermined Period:

B.5 COST REIMBURSABLE

The U.S. dollar costs allowable shall be limited to reasonable, allocable and necessary costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment, FAR 52.216-8, Fixed Fee, if applicable, and

SOL-514-12-000001 SECTION B

AIDAR 752.7003, Documentation for Payment.

[END OF SECTION B]

SOL-514-12-000001 SECTION C

SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

ACCESS TO JUSTICE ACTIVITY (AJA)

C.1 OBJECTIVE

USAID/Colombia is seeking assistance for a four-year activity (2012 – 2016) to strengthen access to justice in Colombia. Access to justice is the ability to obtain a just and timely remedy for violations of rights as put forth in national and international norms and standards.1 Access to justice allows citizens to enforce their rights against infringement by the state, powerful private interests, and even those who may similarly be marginalized. These infringements often affect the poor and vulnerable segments of society, especially women, who have the least knowledge of and access to legal recourse.2 The basic premise of this project is that greater access to justice is a cornerstone for the rule of law which, in turn, is a key element for the establishment of democracy.3 This is particularly true in the Colombian consolidation regions, where establishment of the rule of law contributes to building the legitimacy of the state.

The activity, called the Access to Justice Activity (AJA), represents the continuation of USAID/Colombia rule of law programming and is expected to consolidate prior gains, strengthen institutions, and heighten the focus in consolidation areas. The activity’s main objectives will be to promote greater access to justice primarily through the services offered by Justice Houses and alternate dispute resolution (ADR) mechanisms;

provide support to institutions and organizations at the municipal level to assist in helping to meet the justice needs of women; and support justice sector institutions to implement reforms that improve productivity and the quality of services delivered, especially where reforms have an impact on justice sector performance in consolidation regions.

By the end of the activity, expected outcomes include the following:

The Government of Colombia (GOC) will increase access to justice in the consolidation regions, especially for marginalized populations, through the improvement and expansion of the provision of alternative justice services.

GOC justice sector actors in targeted regions will be in better compliance with international and national norms for treatment of gender-based issues in the criminal justice process.

Populations in targeted regions will have a greater understanding of gender issues and the criminal justice process, including how to protect and enforce their rights within the process.

New agrarian courts will adjudicate land restitution cases more effectively and efficiently than traditional courts.

Targeted law schools will increase implementation of the criminal procedure code and its principles within their curriculum.

C.2 BACKGROUND

A. General Background and USAID/Colombia Program Overview

Between 2000 and 2010, the United States government (USG) provided more than $6 billion in assistance under Plan Colombia, including more than $1 billion in economic and social assistance. For fiscal year 2012, the Mission Strategic Plan and Resource Document articulates the goal of the USG as helping Colombia consolidate the progress from joint efforts over the last decade and supporting Colombia in its efforts to guarantee a secure, democratic, and prosperous society. As articulated in this document, U.S. assistance

1 See ―UN Common Approach to Justice for Children,‖ p. 4, March 2008.

2 See generally―Guide to Rule of Law Country Analysis: The Rule of Law Strategic Framework,‖ USAID, January 2010.

3 See ―Conducting a DG Assessment: A Framework for Strategy Development, USAID,‖ November 2000.

seeks, among other priorities, to promote the rule of law and increase access to justice.

In 2008, the GOC and the USG began developing the follow-on phase to Plan Colombia. In March 2009, the GOC formalized the creation of a National Consolidation Plan, identifying 51 municipalities in fifteen priority regions throughout Colombia in which to concentrate security and consolidation of state presence at the regional level. The U.S. Embassy’s program to complement the National Consolidation Plan is the Colombia Strategic Development Initiative (CSDI). CSDI identifies a civilian-led, integrated, and geographically-targeted approach as the most effective way to consolidate security and development gains, reduce coca cultivation and the efficacy of illegally armed groups, and bring state services to targeted conflict regions throughout the country. CSDI will help the GOC reach a ―tipping point‖ where state presence and positive perception of the government are established so communities align with their government, rather than with illegally-armed groups and proponents of the illicit economy. Under CSDI, the U.S. Embassy has identified 33 priority municipalities where coordinated, interagency interventions will support the National Consolidation Plan.4 In those priority municipalities, GOC goals converge with USG national security interests. USAID/Colombia’s strategy (2009 – 2013) increases support to rural regions, which suffer from limited state presence and weaker and less effective institutions because of their relative lack of resources and the effects of the ongoing conflict.

CSDI requires that several USG agencies and multiple GOC entities work collectively to achieve the initiative’s goals. USAID/Colombia and its partners are important actors in CSDI, with its emphasis on strengthening civilian agency presence, but they represent only one part of a larger, dynamic, integrated approach.

USAID/Colombia’s new strategy differs significantly from its prior strategy insofar as it concentrates interventions geographically rather than by sector and focuses work in CSDI municipalities. The new approach is closely linked to GOC priorities and will focus on consolidating development gains and strengthening state presence, thereby helping the GOC to transition out of conflict. Moreover, the new strategy focuses on USAID program integration, as opposed to separate, stove-piped initiatives.

Four Mission Development Objectives (DOs), with strong cross-cutting linkages and synergies, have been designed to achieve the above goals. The following summary of Mission DOs will provide context and a brief overall review of the scope and variety of activities underway in Colombia, which should be taken into account by the Contractor when developing its proposal.

DO 1: Licit Livelihoods in Targeted Geographic Regions Expanded

Support for productive activities creates legal livelihoods to help those affected by violence, and provides alternatives to the illegal drug economy. An integrated effort is needed to create thousands of legal economic opportunities to help Colombians permanently replace livelihoods lost or unavailable due to eradication, geographic isolation, displacement, conflict, and violence. Short-term interventions are required to meet economic and social needs to help areas recover quickly, and long-term interventions are needed to foster sustainable economic growth. Strengthening Colombian organizations, both public and private, is also critical.

4 The 33 CSDI municipalities are as follows: Ataco, Chaparal, Planadas, and Rioblanco (all of which are in Tolima); El Carmen de Bolivar and San Jacinto (both of which are in Bolivar): Ovejas and San Onofre (both of which are in Sucre); Anori, Briceño, Caceres, Caucasia, El Bagre, Ituango, Nechí, Taraza, Valdivia, and Zaragoza (all of which are in Antioquia); Montelibano, Puerto Libertador, Tierralta, Valencia, and San Jose de Ure (all of which are in Córdoba); La Macarena, Mesetas, Puerto Rico, San Juan de Arama, Uribe, and Vista Hermosa (all of which are in Meta); Cartagena del Chaira, San Vicente del Caguan, and La Montañita (all of which are in Caqueta); and Tumaco (which is in Nariño). The 18 other municipalities which, in addition to the 33 municipalities mentioned above, comprise the 51 municipalities of the National Consolidation Plan are: Convención, El Carmen, El Tarra, Hacarí, San Calixto, Teorama, and Tibu (all of which are in Norte de Santander); Pradera and Florida (both of which are in Valle de Cauca); Miranda, Corinto, Caloto, Santander de Quilichao, and Toribio (all of which are in Cauca); and Leguizamo, Puerto Asis, San Miguel, and Valle del Guamuez (all in Putumayo). These locations are subject to change.

DO 1 assists local government and other local, municipal, and department-level organizations to build capacity to deliver essential government services that create employment and other economic opportunities.

DO 1 assistance supports short- and long-term income-generating activities, builds communities and civic values, and helps local governments build their capacity to provide basic services that improve state presence and increase economic opportunities in targeted areas.

DO 2: Impact of Conflict Mitigated for Target Vulnerable Populations

This DO focuses on increasing the capacity of target vulnerable populations to achieve sustainable livelihoods and withstand the impact of conflict. These goals are advanced through increasing conflict prevention efforts, improving the socio-economic conditions of conflict-affected communities, and enhancing the capacity of the government to move vulnerable populations out of poverty towards improved livelihoods.

This DO focuses attention on preventing further victimization, displacement, recruitment, and discrimination. Through these programs, USAID invests in the provision of service packages to ensure that basic needs are met, including health, education, durable housing solutions, food security, psycho-social attention, sustainable income, and community and institutional strengthening. USAID further devotes significant attention to assist the GOC to develop, implement, and monitor the impact of the Victims’ Law and Land Restitution Chapter (Victims’ Law) and other key policies, regulations, and systems specific to the needs of vulnerable populations. These initiatives include support for Afro-Colombians, indigenous and ethnic minorities, prevention of displacement, recruitment, re-victimization, protection, victim reparation, land tenure, and development of criteria for measuring re-integration.

DO 3: Strengthened Democratic and Economic Governance and Respect for Human Rights5

DO 3 is focused on strengthening democratic and economic governance, increasing access to justice, fostering greater political participation and more transparent elections, implementing effective public policies, strengthening labor unions, and promoting human rights. While notable advances have been achieved in these areas in the past several years, this DO seeks to further consolidate progress and align many efforts in support of CSDI which, in turn, supports the GOC’s National Consolidation Plan. Most relevant for this statement of work, the DO will focus on enhancing formal and alternative justice services in those areas of the country most vulnerable to conflict. This DO directly contributes to the Mission’s overall goal of improving economic and social conditions of vulnerable Colombians with effective rights-based institutional presence.

DO 4: Threats to Biodiversity Reduced and Impacts from Climate Change Decreased

More than 40% of Colombia’s territory has been declared an environmentally-protected area, including national parks, indigenous reservations, and Afro-Colombian collective lands. Natural resource-based livelihoods are a way of life for many vulnerable communities that live in and around Colombia’s sensitive or protected ecosystems. These livelihoods and ecosystem conservation are both threatened by agents of environmental change, including deforestation, habitat conversion, overexploitation, invasive species, climate change, narco-trafficking, violence, and armed conflict. DO 4 works to eliminate or reduce the negative impacts on Colombia’s biodiversity and ecosystem by using a ―threats-based‖ approach to support the GOC.

Under this approach, USAID will work with the GOC, regional and local environmental institutions, and communities to do the following: strengthen environmental governance for the conservation of protected areas and ethnic territories; preserve, restore, or improve ecosystem services; ensure the environmental sustainability of natural resource-based livelihoods; mitigate or adapt to long-term impacts of climate change;

and promote the use of renewable and clean energy.

5 While there are synergies between all four DOs, DO 3 is the exclusive focus of this contract’s statement of work.

Relationship to USAID/Colombia’s Strategic Framework and Results Framework: Within this overarching framework, activities are included under USAID/Colombia DO 3, Strengthened Democratic and Economic Governance and Respect for Human Rights, Intermediate Result 3.2, Improved Access to Justice, and complement other Mission initiatives under this and other DOs. USAID will work within certain municipalities identified under CSDI, other non-CSDI municipalities, and on a national level in areas relating to policy, planning, and implementation.

B. Program History and Country Context

Despite the significant strides that the GOC has taken in the last nine years in providing greater security, the concepts of rule of law and access to justice remain elusive for many of those trying to resolve their legal matters through the formal justice system or alternative justice services provided by the state in consolidation regions. This, in turn, has limited the ability of the GOC to increase the authority and legitimacy of the state in areas where the absence of the government has fueled the conflict.

There are many barriers that impede access to both the formal justice system and alternative justice services in consolidation regions, including poverty, culture, geography, language, gender, security, and the discriminatory practices of those who provide these services. These barriers are more pronounced in the formal justice system in some circumstances, i.e., poverty, language, gender, and discriminatory practices, while in other instances, the barriers are of equal dimension, i.e., geography and security. In addition, the formal justice system suffers from additional barriers, including the dearth of information available about the formal justice sector, the failure of the courts to resolve cases in a timely fashion, the lack of free legal representation for the indigent in non-criminal cases, and corruption. To the extent that the GOC does not address these sizeable gaps in the delivery of justice services and overcome these barriers, illicit, non-state actors provide these services, thereby undercutting the GOC’s goal to strengthen its legitimacy through the establishment of the rule of law.

USAID/Colombia’s current Access to Justice Program (AJP) has its roots in a justice sector program that began in Colombia in 1986 as one of the earliest in the region. In 1986, USAID/Colombia awarded a series of small grants that financed research, a diagnosis of judicial needs, pilot programs to modernize court systems, training, and the creation of an inter-institutional advisory committee. The work from those initial projects influenced and provided input to the restructuring of the Colombian justice system that culminated in the constitutional reform of 1991.

Following this work, USAID/Colombia implemented a program to increase access to justice at the local level beginning in 1995, when it helped introduce the pilot model for local Justice Houses. Justice Houses are ―one-stop legal shops‖ operating in marginalized, conflictive neighborhoods to provide rapid peaceful solutions to everyday disputes. They offer a variety of services under one roof and are designed to aid in the resolution of common problems, such as child support/custody, domestic violence, neighbor or property disputes, small contract disputes, misdemeanors, minor personal injuries, lost documents or registration, and administrative problems. At around the same time that USAID/Colombia assisted in establishing Justice Houses, it also began to provide institutional support to develop and strengthen the Colombian Public Defender’s Office.

With the passage of Plan Colombia in 2000, USAID/Colombia programming in the justice sector increased significantly. From 2001-2006, USAID/Colombia funded the Colombia Administration of Justice Program, whose broad objective was to increase access to justice. The program sought to do this by supporting the introduction of the oral accusatorial criminal justice system, strengthening criminal public defender services, establishing new Justice Houses, and supporting alternative dispute resolution mechanisms. The program also included cross-cutting areas of civil society activities, as well as ethnic and gender issues.

The follow-on Justice Reform and Modernization Program (JRMP), awarded in 2006, generally tracked the contours of the Colombia Administration of Justice Program, with two exceptions. In addition to engaging in programming in all of the thematic areas of the previous justice program, the JRMP added a full component to strengthen court administration and management and helped pilot Justice Houses in rural post-conflict and consolidation areas.6

In March 2010, USAID/Colombia funded an ―Assessment of USAID/Colombia’s Justice Reform and Modernization Program,‖7 (Justice Assessment) to gauge the overall impact of USAID’s justice program, identify lessons learned, and develop recommendations for future programming. The Justice Assessment noted the lack of necessary diagnostics, statistics, evaluations, and other monitoring tools, and recommended in the then-anticipated 18-24 month ―bridge‖ project, a focus on analyzing impact, sustainability, and consolidation of existing programs with an eye towards shaping the next phase of programming.

The ―bridge‖ project is the current AJP, which began in July 2010 and ends in July 2012. Following the recommendations of the 2010 assessment, it has produced or will produce diagnostics and assessments on key programmatic activities. AJP is comprised of the following components: 1) justice reform; 2) court administration and management; 3) Justice Houses; 4) alternative dispute resolution; and 5) public defense.

C. The Santos Administration: New Challenges and Opportunities

Since the beginning of his administration, President Santos has promoted an ambitious reform agenda that seeks to address the root causes of the conflict in Colombia. Judicial reform, although not a central piece of this reform agenda, nevertheless has an important place within the Santos administration’s broader reform efforts. In addition, the administration has restructured the institutional landscape in the executive branch, thus indicating higher priority to justice issues.

President Santos’s interest in judicial reform marks a stark contrast with his predecessor. From 2006 to the end of his second term in 2010, President Uribe engaged in an almost-permanent battle with the high courts, especially the Supreme Court. Both sides met accusations with counter-accusations in confrontations that initially focused on judicial issues, but ultimately regressed into personal attacks. El Tiempo, one of the most-respected newspapers in Colombia, warned in 2008 that the mutual attacks and recriminations between President Uribe and the high courts had brought the country to the edge of a ―constitutional rupture.‖ With this political in-fighting as a distraction, it is unsurprising that there were no major judicial reform initiatives during President Uribe’s second term.

President Santos implemented a policy of rapprochement with the high courts from the outset of his administration. This provided him the space to consider substantive judicial reform efforts, and on October 4, 2011, he presented a major judicial reform initiative to Congress.8

Most striking for the purposes of this statement of work is the reform’s focus on access to justice issues. It calls for providing judicial authority to notaries, arbitration centers, and conciliation centers to resolve conflicts where there is an agreement between the parties or where the case is one which has little social impact. This proposed change would remove these cases from the purview of the judicial system, but still give the decisions reached the same weight as judicial decisions. The proposed legislation also confers judicial authority on attorneys to act as something akin to temporary judges to resolve conflicts in areas outside of criminal and administrative law – areas to be defined by future legislation. A Special Commission on De- Judicialization, proposed in the legislation, is charged with reporting on processes removed from the scope of the judiciary, such as those involving notaries, arbitration centers, conciliation centers, and attorneys. Finally, 6 While the previous program (the Colombia Administration of Justice Program) included some activities directed at improving case management, it did not have a full court administration component.

7See http://pdf.usaid.gov/pdf_docs/PDACR349.pdf 8See “Informe de conciliación al proyecto de acto legislativo número 07/11 Senado, acumulado con los proyectos de acto legislativo números 9/11 Senado, 11/11 Senado, 12/11 Senado y 13/11 Senado, y 143/2011 Cámara.”

this initiative mandates an annual increase in the judicial budget of no less than two percent and specifically provides $500 million beyond the normal budget to support backlog reduction efforts. These measures could have a significant impact on access to justice, depending, of course, on how the judiciary chooses to invest the increased funding.

Complementing the legislative reform effort, which could improve the judiciary’s ability to provide access to justice, was an executive branch reform, which could similarly improve the Ministry of Justice and Law’s (MJL’s) ability to increase access to justice. On August 11, 2011, the Ministry of Interior and Justice was split into two separate ministries. Under the Uribe administration (2002-2010), the two ministries had been fused in 2002, and its portfolio, according to critics, was too dispersed.9 As a result of this split, the MJL has a smaller portfolio than its predecessor, the Ministry of Interior and Justice. Presumably, this means that the Minister of the MJL has greater availability to address access to justice policy issues handled by the MJL’s Alternative Methods to Resolve Conflict Division than the Minister of Interior and Justice did when the two ministries were joined.

C.3 PROGRAM VISION AND APPROACH

Over the last two decades, USAID/Colombia rule of law assistance has supported a tremendous amount of substantive improvement in the justice services offered by the state to its citizens through Justice Houses, criminal procedure reform, and establishment and development of the Public Defender’s Office. AJA will build off of the work of the current AJP and previous USAID/Colombia rule of law assistance. At the same time, it will more directly address gender issues in the rule of law context, an area critical to access to justice.

AJA will continue many of the activities under AJP and engage in new ones. It will continue to support the MJL in its work with Justice Houses, collaborate with law schools, and work with the Superior Judicial Council (SJC) on court administration issues. Unlike AJP, AJA will bring to bear a heightened focus on gender issues, which will have a stand-alone component in the activity. AJA will also place special emphasis on addressing the needs of those groups disproportionately affected by a lack of access to justice. These groups include indigenous and Afro-Colombian communities and women.

AJA will increase the AJP focus in the consolidation regions. Support to the formal justice sector institutions will concentrate more on activities and initiatives that have a direct nexus to justice sector programming needs in the consolidation regions. National-level activities will focus primarily on policy reforms and implementation, and regional-level activities will include support to implement access to justice policies, practices, and mandates at the local level, capacity building for local justice sector actors, and continuous field presence of program personnel in select regions, in coordination with other Mission programs and activities. Regional-level activities will be undertaken with local justice sector institutions, local civil society organizations (CSOs), and local governments.

AJA will be implemented in close coordination with other USAID/Colombia programs (including other USAID/Colombia rule of law programming, the Human Rights Program III, the US-Colombia Human Rights Law Partnership, the Consolidation and Enhanced Livelihoods Initiatives, the Public Policy Program, the Afro-Colombian and Indigenous Program, the Elections and Political Parties Project, the Conflict Victims’ Program, and the Land Program, in particular) and USG Embassy sections (Department of Justice and Narcotics Affairs Section). In addition, it will be implemented in close coordination with national, departmental, and municipal levels of the GOC, Colombian civil society, and other international donors.

AJA’s regional-level activities will be focused on CSDI municipalities. It will maintain five project offices in

9Corporacion Excelencia en la Justicia, a respected local non-government organization (NGO), called MOIJ’s portfolio ―absurb‖ because of its excessively broad reach. See ―El restablecimiento del Ministerio de Justicia y del Derecho – un anhelo de la Corporación Excelencia en la Justicia,‖ 2007. It noted that the political and legislative agenda absorbed all of the time of the Minister and Vice-Ministers and that attention to the other areas of the MOIJ’s portfolio either had to wait until Congress was in recess or was delegated to lower-ranking MOIJ officials.

the regions staffed by at least three personnel each, per guidance contained in C.3.2., below. AJA will co-locate its personnel with personnel from Human Rights Project III or other USAID/Colombia projects, to the extent practicable.

USAID/Colombia has identified a number of potential activities and deliverables in each of the component sections that follow, although these are not exclusive. The Contractor is encouraged to use its own experience, knowledge, and creativity in both the identification of partners, as well as the design of program activities. Although many activities are suggested below, the Contractor is invited to propose additional or alternative activities, as it deems appropriate.

C.3.1 General Organizing Principles and Approaches

The USAID Policy Framework (2011-2015) highlights that USAID ―will seek to strengthen local institutions to lead an effective, transparent and inclusive development agenda in the countries where [USAID] works.‖ This is particularly true in Colombia. While Colombia has made impressive strides in improving the delivery of justice-related services, substantial progress has yet to be seen in broad swaths of the country that are only now coming back under the legitimate control of the state. These areas of Colombia, which many refer to as ―non-institutionalized Colombia‖,10are characterized by the weak or non-existent presence of democratic institutions, including those responsible for addressing the justice needs of the population.

USAID/Colombia seeks to improve access to justice in the consolidation regions by working with governmental and non-governmental partners, both in these regions and at the national level to improve the justice services provided by these institutions. USAID/Colombia assistance under AJA must be based on a strategy to harmonize, coordinate, and maximize the possibility of broad impact, at both regional and national levels.

The design and implementation of all activities must carefully consider and incorporate the general organizing principles and approaches enumerated below. As a whole, these tenets shall serve to guide the Contractor’s overall strategy, design, and implementation of the entire project and all relevant activities.

Build on Achievements to Date: The Contractor shall build upon activities already completed, relationships already established, materials already produced, and persons previously trained over the course of previous USAID/Colombia rule of law programming. To the extent possible, those activities and relationships should provide a resource for continuing and future initiatives.

Geographic Focus: Building upon AJP’s regional focus, the Contractor must maintain at least five teams in the field in consolidation regions. The purpose of these teams will be to provide a platform by which AJA programming can more effectively reach its intended beneficiaries. These teams will be co-located with teams from other USAID/Colombia projects, to the extent practicable. It is expected that the engagement by AJA in the development of policy at the national level will be informed by inputs from the regional teams and that the regional teams will help facilitate the implementation of policy at the local level.

USAID/Colombia anticipates that the five locations will be selected from the following: 1) La Macarena-Rio Caguan Region, including municipalities in Meta and Caqueta; 2) Southern Tolima; 3) Buenaventura, Valle de Cauca; 4) Tumaco, Nariño; 5) Putumayo; 6) El Nudo de Paramillo, including Bajo Cauca, Antioquia and Southern Cordoba; and 7) Montes de María. Final identification and selection, however, will be subject to confirmation by USAID/Colombia after the contract is approved. The number and identity of these regions may change if USAID/Colombia’s priorities have shifted by that time, or other countervailing circumstances compel adjustments.

10 ―Colombia Democracy and Governance Assessment,‖ Management Systems International, June 2006.

Security Strategy: The Contractor must be responsible for anticipating security issues, developing an appropriate security strategy, and budgeting for this strategy. AJA will work in at least five locations outside of Bogota, many of which are highly likely to present significant security challenges. AJA’s implementer will have to revise this strategy and the concomitant actions on a continuous basis to ensure that activities do not place either AJA team members or beneficiaries at an unreasonable risk of harm.

Access to Justice Grants Fund: The Contractor will establish a grants fund with an annual budget of $100,000, excluding administrative expenses, for the duration of the project. This funding will be used to address emergent political and other needs and circumstances. Annual expenditures may be variable and unpredictable; the entire fund may not necessarily be exhausted in any single year. USAID/Colombia will have the primary responsibility for identifying grant activities for this fund, although the Contractor may also identify and propose activities to achieve the goals under this contract. The Contractor is required to submit an initial Grants Management Guide as part of the proposal.

Gender11 and Minorities: A large portion of those who suffer from lack of access to justice are women, Afro- Colombians, and indigenous populations. AJA will focus on these groups through special attention to gender issues and a presence in regions such as Tumaco and Montes de María, which have significant Afro- Colombian and indigenous populations.12 To address gender mainstreaming and attention to minorities, the Contractor will analyze how all component activities can be tailored to maximize gender and minority participation and impact. The analysis should be undertaken as part of the process of determining baselines for performance indicators and when developing the Contractor’s annual work plan. Data collection and analysis must be disaggregated by gender and ethnicity when appropriate under the program.

The 2007 Gender Assessment of USAID/Colombia programs is helpful in determining an approach to gender issues in the context of access to justice.13 This document provides a basis not only for the gender-focused second component, but also provides solid orientation on how to weave gender activities into the first and third components. For example, the Contractor must address gender issues in the context of the Justice Houses during the national, departmental, and local planning processes. Similarly, the Contractor must explore opportunities to address gender issues in the context of the work of the agrarian courts. The Contractor must also align programming to support the National Public Policy on Gender developed by the GOC, with the support of local NGOs and the international donor community.14 Finally, the Contractor must participate in gender working groups, including the Mesa de Genero, and coordinate programs to complement Colombian efforts, both public and private, as well as those of other international donors.

Community ownership and the legitimacy of supported activities are key components of any activity carried out with Afro-Colombian or indigenous communities. Therefore, the respect for and support of the communities’ priorities, as identified through their own mechanisms – ethnic development plans or life plans

– must be an integral part of approaching access to justice issues within these populations. In addition, the approaches used should take into account the distinction between community-based dispute resolution practices with these two populations. Finally, due to these communities’ unique traditions and cultures, the Contractor must use a differentiated approach when working with them.

Colombianization and Program Conclusion: USAID/Colombia will continue to focus on achieving ―Colombianization‖ of programs to increase ownership, design, implementation, and sustainability once USAID/Colombia funding ends. This is consistent with direction from the USAID Policy Framework

11 Promoting gender and female empowerment is the first operational principle in the USAID Policy Framework (2011-2015). As the policy notes, this entails ―ensuring that USAID programs explicitly and deliberately seek to eliminate gaps between the status of males and females.‖ 12 See http://www.dane.gov.co/files/censo2005/etnia/sys/visibilidad_estadistica_etnicos.pdf for a breakdown of the Afro- Colombian and indigenous populations by department.

13 See http://pdf.usaid.gov/pdf_docs/PDACJ922.pdf 14 At the time of the release of this request for proposals (RFP), this document has not yet been finalized.

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