RFP__No._720-482-18-R-00002.pdf

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PART IV - REPRESENTATIONS AND INSTRUCTIONS

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SEALED BID (IFB)

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PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

1 113

Office of Acquisition and Assistance USAID/Burma

SOL-720-482-18-R-00002

burmaoaa@usaid.gov 8:00am

Maria Rosario M. Arenas burmaoaa@usaid.gov

32 85

March 2, 2018

Jan 18, 2018

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide services as described in detail in Section C, Statement of Work to implement the USAID Promoting Rule of Law in Burma Activity.

B.2 CONTRACT TYPE AND SERVICES

This is a Cost-Plus-Fixed-Fee (CPFF) type completion form contract. For the consideration set forth in the contract, the Contractor must provide the results, deliverables and outputs as described in Section C and Section F and in accordance with the performance standards specified in Section 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 [TBD].

The fixed fee, if any, is [TBD]. The total estimated cost plus fixed fee, if any, is [TBD].

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 [TBD]. The Contractor must not exceed the aforesaid obligated amount nor will the U.S.

Government (USG) be responsible for costs incurred should the Contractor do so.

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

B.4 CONTRACT BUDGET

Description Amount

Activity Costs TBD

Exchange Trips and Study Tours Travel $500,000.00 Grants Under Contracts (GUCs) TBD Indirect Costs TBD Total Estimated Costs TBD Fixed Fee a/ TBD Total Estimated Costs plus Fixed Fee TBD a/ The calculation of fixed fee must not include GUCs.

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 and the appropriate bases:

Description Rate Base Type Period

___________ 1/ 1/ 1/ TBD

B.6 CEILING INDIRECT COST RATES

(1) Reimbursement for allowable 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/ TBD

(2) The Contractor will make no change in its established method of classifying or allocating indirect costs without the prior written approval of the Contracting Officer.

(3) The Government will not be obligated to pay any additional amount on account of indirect costs above the ceiling rates established in the contract.

(4) This understanding shall not change any monetary ceiling, obligation, cost limitation, or obligation established in the contract.

B.7 COST REIMBURSABLE

The costs allowable shall be limited to reasonable, allocable and allowable costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment, FAR 52.216-8, Fixed Fee, if applicable, and AIDAR 752.7003, Documentation for Payment.

B.8 MULTI-YEAR CONTRACT

This contract is considered non-severable, and is therefore a multi-year contract as defined in FAR 17.103.

Consequently, this contract is subject to the requirements of FAR 17.106.

This is a CPFF Completion type contract where the Contractor is authorized to be reimbursed for all costs which are allowable in accordance with FAR 52.216-7, “Allowable Costs and Payment.” The Contractor will not incur any costs which would have been amortized over the life of the contract should the contract be cancelled in accordance with FAR 52.217-2. Therefore, the cancellation ceiling established pursuant to FAR 17.106-1(c) (1) for each program year is $0.00.

- END OF SECTION B -

SECTION C – DESCRIPTION/ SPECIFICATIONS

STATEMENT OF WORK (SOW)

Promoting the Rule of Law in Myanmar (PRLM)

C1. Introduction

The United States Agency for International Development (USAID)’s Promoting the Rule of Law in Myanmar (PRLM) aims to protect human rights and increase access to justice for all the people of Myanmar. To achieve this goal, PRLM will support accountability and competency within justice sector institutions and enhance legal services and advocacy efforts by civil society. By doing so, the activity will promote universal democratic values and positively influence the ongoing political transition in Myanmar. PRLM will build on USAID/Burma’s current and past investments in the rule of law sector that is a cornerstone of the United States Government’s (USG) policy to protect human rights and advance the democratic transition.

The PRLM is an activity within USAID/Burma’s Office for Democracy, Governance and Humanitarian Assistance’s (DGHA) portfolio that supports broader democracy, governance, conflict mitigation, and resilience activities designed to protect human rights, advance the democratic transition and the peace process. DGHA’s primary institutional partners include the union and state Parliaments, the Office of the Supreme Court of the Union (OSCU), the Union Attorney General’s Office (UAGO), the Union Election Commission (UEC), political parties, civil society organizations (CSO), and humanitarian agencies.

Note on Naming Conventions: The formal name of the USAID Mission is “USAID/Burma” but for purposes of the submission of reports or documents resulting from this activity, the country’s official name, Myanmar, will be used.

C2. Background Myanmar was administered as part of British colonial India until 1937 and India’s colonial-era code has a significant influence on Myanmar’s legal system and jurisprudence. Myanmar’s legal tradition is a unique combination of the customary law of the family, codified English common law, and recent Myanmar legislation. The principles of English common and statutory law were introduced by the laws of pre-independence India, and these include: Contract Act (1872), Evidence Act (1872), the Code of Criminal Procedure (1861), Civil Procedure Code (1873), and the Penal Code (1860). Where there is no statute regulating a particular subject, courts are bound to apply Myanmar’s general law, which is based on English common law as adopted and molded by Myanmar case law. The Burma Laws Act (1898) requires, in the absence of clear relevant statutory general law, for courts to decide the matter on the basis of justice, equity, and good conscience1.

Prior to 1962, the justice sector’s organization was heavily influenced by British colonial rule and both the judiciary and legal profession enjoyed a prestigious reputation. By January 3, 1974 however, the one-party Constitution of the Socialist Republic of the Union of Burma, drafted by the Revolutionary Council, came into effect and adopted a socialist legal system. The Supreme Court and the High Court were abolished and in their place the Central Court (the highest appellate court) was established, as well as various inferior courts at the state, township, ward, and village tract levels.2 The Council of People’s Justice was also created, which entailed participation of citizens in all courts. Fifteen years later following the military take-over of government, the State Law and Order Restoration Council (SLORC) promulgated the Judiciary Law, reorganizing the courts. Another repeal and reorganization of the legal system followed with the Judiciary Law of 2000. Most recently, Article 293 of the 2008 Constitution provides for an independent judiciary, including three primary components: (1) civilian courts: Supreme Court of the Union, High Courts of the Region, High Courts of the State, Courts of the Self-Administered Division, Courts of the Self- Administered Zone, District Courts, Township Courts and other courts constituted by law; (2) Courts-martial; and (3) the Constitutional Tribunal of the Union.

In the five years since it embarked on its political transition, Myanmar continues to face a breadth of development challenges, including widespread poverty, an underdeveloped economy, and weak institutional capacity across in the

1 USAID Promoting the Rule of Law Project, Rule of Law Update 2016 2 See, supra, Nang Yin Kham, An Introduction to the Law and Judicial System of Myanmar.

justice sector and CSOs. With the National League for Democracy (NLD’s) landslide election victory in 2015, an historic milestone was achieved, and the international community and most Burmese believed it brought the country its best chance since 1962 to begin a political transition and negotiate a lasting peace.

C.3 Scope of Work

C.3.1. Goals and Objectives

The goal of the USAID PRLM activity is to strengthen transparency and accountability in the legal system to protect the fundamental rights of Myanmar's people. The PRLM activity contributes to the following Embassy and USAID/Burma Integrated Country Strategy (ICS) goals and objectives:

• Goal 1: Myanmar consolidates its democracy to become more inclusive, accountable and responsive to its people through good governance and protection of human rights.

o Objective 2, sub-objective 1: Support state institutions to implement transparent, inclusive, accountable, and responsive reforms;

o Sub-objective 2: Support civil society and media to increase public participation in the democratic reform process.

The activity’s broad theory of change is: if rule of law institutions are strengthened and empowered to hold the state accountable under the law, ensure fundamental rights are protected and applied equitably, and access to justice is available to all; this in turn will advance the democratic transition by establishing standards of due process and equality under the law.

With the above, it is expected that the following objectives/outcomes will be achieved:

1. The administration of justice strengthened.

2. Quality of professional legal education improved.

3. Strengthened access to justice services.

4. Mitigating the impacts of trafficking, corruption, and support to transitional justice

USAID/Burma seeks to continue the Mission’s strong partnerships with partner institutions, namely, the Office of the Supreme Court of the Union (OSCU), the Union Attorney General’s Office (UAGO), the Independent Lawyers Association of Myanmar, and CSOs, and broaden the Mission’s collaboration with new partners, such as the Union Legal Aid Board, the MNHRC, the Rule of Law and Justice Center Coordination Body (ROLCB), and the Constitutional Tribunal to achieve the results described in this scope of work. Supporting transparency and accountability in Myanmar’s legal system cannot be accomplished without promoting greater respect and enforcement of human rights. Moreover, demonstrating a respect for human rights by the state and the legal system, builds a legal system that is more accessible, credible, and legitimate in the public eye.

(a) OBJECTIVE 1: The Administration of Justice Strengthened

The contractor must work to maintain and expand relationships built by USAID and its implementing partners to strengthen the administration of justice in Myanmar. As detailed, the contractor will undertake interventions and provide technical support, equipment and supplies enabling Myanmar government institutions, and non-governmental counterparts, to articulate, advocate, and advance necessary rule of law reforms, and strengthen judicial administration.

Expected Result 1.1: Justice sector institutions are more effective agents for rule of law reform, and increase transparency and accountability in the legal system.

Activities under Expected Result 1.1 will deliver targeted technical assistance and training to advance legal and policy reform, administration of the legal system, and combat corruption. The increased commitment to the reform agenda will result in new or amended statutes, procedures and administrative manuals that improve the policies and administration of justice sector institutions establish fair trial standards in the legal system; adopt management systems and procedures to combat corruption and establish a system of merit-based judicial appointments. An informed public will be more legally literate; an inherent element of Myanmar’s democratic transition. Awareness about the legal system, legal aid services, and OSCU and UAGO complaint mechanisms will build confidence in the legal system.

Task 1.1(a): Identifying necessary legal system reforms

(1) Consultations on Rule of Law Reform: Through the use of a combination of long-term technical assistance (LTTA) and short-term technical assistance (STTA), the contractor must work with key government institutions to identify sectoral reforms consistent with the principles of the Myanmar’s democratic transition. Such government institutions include, but are not limited to the OSCU, the UAGO, and the Rule of Law and Justice Center Coordination Body (ROLJCCB). Specific areas of reform include, but are not limited to, the policies and administration of justice sector institutions, fair trial standards, and anti-corruption efforts. The contractor is expected to be able to undertake these consultations independent of USAID, however, the Contracting Officer’s Representative (COR) reserves the right to join and lead any planned meetings or events. Meetings, consultations, or other engagements at the level of Director General or higher, including Minister, require prior notification of the COR. Consultations, meetings, and other similar engagements below the level of Director General will be documented in standardized weekly and quarterly reporting as defined in Section F. Engagements at the Director General level and higher require a written summary - including date, time, location, participants, agenda, follow-up items, and/or recommendations - to be submitted to the COR as an attachment to the weekly report as defined in Section F.

(2) Research on Rule of Law Reform: The contractor will undertake independent research on potential or identified reform issues. Such research may be directed by the COR; proposed by the contractor under a work plan; or, proposed on an ad hoc basis by the contractor. The topic and scope of such research is subject to the approval of the COR. These reports will be analytical in nature and may include, but are not limited to: (1) a description of the considered reform;

(2) political constraints to enacting the reform; (3) key organizations, institutions, or individuals enabling or inhibiting the reform; (4) national surveys to assess public understanding and trust in the legal system; and, (5) recommendations for PRLM and its partners. The contractor may use in-house, sub-contracted expertise, or a combination thereof based on the complexity of the topic and time constraints. USAID expects not less than four and no more than six such research projects will be undertaken on an annual basis. Each research project will culminate in a written report not to exceed 12 pages and subject to final acceptance by the COR.

Task 1.1(b): Knowledge Sharing on Rule of Law Reform Initiatives

(1) Strengthen Government Awareness for Reforms: The contractor will provide training and technical assistance for government institutions on the rule of law reforms identified and detailed under Task1.1 (a). The contractor will be responsible for: (1) sharing the results and recommendation arising from its consultations and research; (2) bringing together government ministries and offices to assist in resolve differences over reform issues and identify common ground; (3) support government ministries and offices to develop plans for adopting and implementing reforms; and (4) assist government ministries and offices in developing and implementing communications and outreach strategies in support of proposed reforms, including those engaged in Task 1.1(b)(2). Such activities may take the form of private meetings or consultations, formal events, or as otherwise appropriate for the topics under discussion.

(2) Increase Public Awareness for Reforms: The contractor will provide training and technical assistance for non-governmental organizations, such as civil society and the media, on the rule of law reforms identified and detailed under Task 1.1(a). The contractor will be responsible for: (1) sharing the results and recommendations arising from its consultations and research; (2) bringing together non-governmental organizations to resolve differences over reform issues and identify common ground; (3) develop plans for advocating for reforms; (4) and, implementing communications and outreach strategies, with an emphasis on more effective communications with the government.

These will be implemented independent of, the GUCs provided under this contract.

Task 1.1(c): Rule of Law and Justice Center Coordination Body as Agent of Reform

Rule of Law and Justice Center Coordination Body: In addition to the judiciary, individual government ministries, offices, and non-governmental organizations, the contractor will provide training, technical assistance, equipment and supplies to the Rule of Law and Justice Center Coordination Body (ROLJCCB) to further its mandate of promoting justice sector reform. The contractor will provide advice, at the direction of the COR, to the civilian members of the board. The contractor will also support the ROLJCCB’s role and effort to develop a national Rule of Law strategy. This activity may be implemented as a component of other Tasks described under this contract. The contractor must include a specific update on its planned and completed engagement and work with the ROLJCCB under its work plan and performance reports, respectively.

Expected Result 1.2: Judicial administration, policies, and procedures improved

Task 1.2(a): Supporting Updates to Statutes, Procedures, and Administrative Manuals

(1) Consultations with OSCU and UAGO. In addition to the broader elements of rule of law reform anticipated under Expected Result 1.1, the contractor will undertake consultations with, but not limited to, the OSCU and UAGO to identify specific legislative, administrative, and other policy or procedural reforms related to the functions and operations of the judicial branch and legal offices of the executive. The contractor is expected to be able to undertake these consultations independent of USAID, however, the COR reserves the right to join and lead any planned meetings or events. Meetings, consultations, or other engagements at the level of Director General or higher, including Minister, require prior notification of the COR. Consultations, meetings, and other similar engagements below the level of Director General will be documented in standardized weekly and quarterly reporting as defined in Section F.

Engagements at the Director General level and higher require a written summary - including date, time, location, participants, agenda, follow-up items, and/or recommendations - to be submitted to the COR as an attachment to the weekly report as defined in Section F.

(2) Researching, Drafting, and Amending Statues, Procedures, and Administrative Manuals: The contractor will provide LTTA and STTA to support the judicial branch, relevant government institutions, such as the UAGO, and parliament to research, draft, and amend statutes, procedures, and administrative manuals identified in Task 1.2(a). This may include, but is not limited to, providing access to comparative studies on similar issues from the region;

undertaking more detailed studies on specific issues of concern to USAID’s judicial branch, government counterparts and parliament; and providing training to policy or drafting bodies responsible for the functioning of the judicial branch and executive legal offices. Illustrative topics for research and amendment include reviewing and modernizing colonial-era legal and procedural codes, improving the administration of justice sector institutions, fair trial standards; merit based judicial appointments; and combatting corruption. The contractor, with approval of the COR, may also print and distribute copies, including in electronic format, of updated laws, procedures of policies to ensure that they are accessible to judges, lawyers, and a more legally literate public. Specific quantities and the precise scope of deliverables, including research, related to this activity will be defined during the work plan development process and subject to the approval of the COR.

Task 1.2(b): Expansion and Improvement of Courts and Law Offices Administration and Data Collection Systems

(1) Support to Courts and Law Offices: The contractor in collaboration with the OSCU will provide technical assistance and training to test new administration and data collection systems in the eight existing pilot courts currently supported by PRLP. In collaboration with the OSCU, the contractor will use the eight pilot courts as an incubator to test and evaluate new systems. The contractor will also support the UAGO pilot law office initiative. This includes provision of training, technical assistance, and equipment and supplies, as identified by the OSCU and UAGO, respectively, and subject the approval of the COR. Plans to deliver training, technical assistance, equipment and supplies will be defined in the contractor’s work plan(s). In addition, the contractor will work with USAID, OSCU, UAGO, and other relevant Myanmar government officials to identify the courts for national roll-out of the PRLP designed case management system for the courts, currently being tested, and other new administration and data collection systems and UAGO law offices to be included in the expanded pilot law office activity. USAID anticipates an expansion of up to five law offices in each year of the contract. The final selection of the pilot law offices will be subject to future discussions with the UAGO and the approval of the COR. The contractor will be responsible for assisting the UAGO to identify locations and must take into account: case load, technical and administrative capacity of staff, recommendations and requirements from the judiciary, law officers, geographic diversity, costs, and other factors as identified by the COR, contractor, and Myanmar government partners. The contractor is required to submit a detailed annex to its performance reports on its support to the national roll-out of reforms in the courts and the pilot law offices, summarizing its activities and specifically identifying success, failures, and recommendations for future interventions.

(2) Building on Pilot Court and Law Office Successes: Based upon its engagement with the OSCU and UAGO, respectively, the contractor will identify discrete reforms, functions, and operations that can be developed and expanded across Myanmar’s judicial and legal systems. Illustrative examples include development and distribution of modern prosecutors’ handbook; partnership with the OSCU to assign areas of specialization for target courts, such as commercial courts; and means of increasing access to statutes, law reports, judgements, and other legal resources. The recommendations articulated in the contractor’s performance reports required in Task 1.2(b) (1), will be included in subsequent work plans as appropriate. Ad hoc recommendations may likewise be proposed to the COR for consideration and approval.

Task 1.2(c): Expansion and Improvement of Administration and Data Collection Systems

(1) Data Collection and Case Management - Identification of Needs and Design: Based upon broader rule of law reforms (Task 1.1) and specific reforms to Judicial and other legal operations identified in 1.2(a-b), the contractor will work with the judicial branch, the UAGO, the ROLJCCB and relevant government ministries to improve and expand data collection systems, including those supported by PRLP: the OSCU’s case management system and the more recently launched UAGO pilot law offices. These systems are intended to promote a data-driven management processes that will identify and promote necessary reforms in the legal system. These data systems will assist the judicial branch and the government in tracking and analyzing caseloads; support administrative and financial planning; improve court and law office management; and better assess judicial and legal efficacy and efficiency. The contractor must consult with the OSCU and UAGO to identify and design systems for the OSCU, UAGO, the courts or law offices. Where feasible, the contractor will build upon existing technical solutions; and consult with donors and other non-government organizations, including civil society and the media to avoid redundancy and increase transparency and accountability.

(2) Data Collection and Case Management – Development and Testing: The contractor must test and evaluate new national administrative reforms and systems at the institutional headquarters and/or in previously established pilot courts and law offices. The pilot phase must include training and technical assistance for OSCU and UAGO officials, judges, law officers (prosecutors), and administrative staff on the operations and maintenance of the system(s). The contractor will provide required equipment and supplies to the institutional headquarters, pilot courts and law offices, including servers, computers, printers, and other necessary IT equipment. Subject to COR approval, the contractor will establish performance measures for these model systems in collaboration with the OSCU, UAGO, and other government departments identified in 1.2(b)(1), and assess the success, failure, and required modifications necessary for wider roll-out. Following development, training, piloting, and testing, the contractor will submit for COR approval a written evaluation report, not to exceed 20 pages, and including, but not limited to: the proposed design; equipment provided; outcomes of training; modifications made or required for future implementation; and recommendations for a broader roll-out under Task 1.2 (c) 3.

(3) National Roll-Out: The contract will support the national roll out of the PRLP designed national case management system and future PRLM designed data collection and case management systems for the courts and law offices supported under Task 1.2 (c) (2). The contractor will be responsible for training and providing technical assistance to courts and pilot law offices selected to implement these systems. The contractor will provide technical assistance on the design and installation of required IT systems; training judges and court administrators in the selected courts; and, limited material support enabling more efficient operations, maintenance, and trouble-shooting during the national roll-out.

(b) OBJECTIVE 2: Quality of Professional Legal Education Improved

Through a combination of technical assistance, short-term technical advisors, and partnerships between Myanmar institutions and legal education institutions in the United States and the region, outcomes for this objective shall include: the institutional development of the Judges Training Institute, the development and implementation of new curricula for new-appointment and continuing education course for judges, continuing legal education for the private bar, a comprehensive new training strategy for the UAGO, and bench and prosecutor hand books for judges and law officers. With this assistance the judges, government lawyers and prosecutors, and the private bar will inter alia develop critical thinking and analytical skills, understand principles of statutory interpretation, and develop knowledge of specialized legal subjects. PRLM will also support partnerships between Myanmar academics and expatriate lawyers based in Yangon to deliver specialized training for judges and lawyers.

Expected Result 2.1: Strengthened institutional capacity to deliver legal education for judges and prosecutors.

Task 2.1(a): Developing International Partnerships for Judges and Lawyers

(1) Myanmar Judges Training Institute: The contractor will expand USAID’s relationship with the Myanmar Judges Training Institute (MJTI) as a platform to improve the capacity of legal education for judges. This includes the provision of training and technical assistance to develop, test, and implement improved educational materials for judges. The contractor will undertake this task by establishing a partnership between the MJTI and a U.S. judicial training body, such as the National Judicial College in Reno, Nevada, USA. This contractor will undertake exchange trips between the MJTI and the U.S judicial training body. The selection of the U.S. judicial training body is subject to approval by the COR. In consultation with USAID, the OSCU, and UAGO, participants may also include law officers to cultivate better relationships between judges and prosecutors. The participants, duration, location, and agenda for each exchange trip will be subject to the prior approval of the COR.

(2) Additional Study Tours or Professional Exchanges: In addition to the exchange for the MJTI detailed in Task 2.1(a) (1), the contractor will also undertake study tours and professional exchanges that include a broader cross-section of the judicial and legal and communities, including non-governmental actors. The participants, duration, location, and agenda for study tours and professional exchanges will be subject to the prior approval of the COR and may be proposed either through the work plan or an ad hoc basis.

Task 2.1(b): Legal Education

Legal Education Materials and Training: The contractor will develop and support the use of new training curricula and materials for judges and prosecutors by the OSCU and UAGO, respectively. The contractor and the National Judicial College in Reno, Nevada, USA or another U.S. judicial training body identified by the contractor, will develop training materials in collaboration with the judiciary, relevant government ministries and offices, the private legal community, law schools, and input from non-governmental organizations. The contractor and the U.S. judicial training body will provide technical assistance and training to the OSCU and UAGO to develop and implement a training-the-trainers program to accompany any new materials, targeting but not limited to training faculty and education officers within the OSCU and UAGO. The contractor, with COR approval, may support the printing or electronic distribution of materials developed under this activity/deliverable. The topic and scope of specific materials will be determined after consultation with relevant ministries or offices and included in the contractor’s work plan(s).

Expected Result 2.2: Improved technical skills for the legal profession

Task 2.2(a): Specialized Legal Skills

(1) Training in Specialized Topics: The contractor will provide training and technical assistance to improve the knowledge base of judges, law officers, lawyers, and non-governmental actors in the sector. The contractor will develop and implement training in specialized areas of law in consultation with the OSCU, UAGO, and non-governmental organizations, which may include, but is not limited to procedures in courts and tribunals with specialized dockets, future specialized courts, the role of the Legal Aid Law and by-laws, human rights, human trafficking, transitional justice models and new or anticipated legal procedural and administrative reforms. Training and technical assistance topics will be included in the contractor’s work plan(s). The contractor must integrate its training in specialized topics with other activities detailed in this contract.

(2) Role of Specialized Institutions: The contractor will undertake specific training and technical assistance on the role of specialized government institutions, including but not limited to the Myanmar National Human Rights Commission (MNHRC) and the Constitutional Tribunal. Training and technical assistance under this activity must link judges, prosecutors, private attorneys and non-governmental organizations with the functions and operations of these specialized bodies, and build relationships between the institutions and their users and beneficiaries. The contractor may work beyond the MNHRC and Constitutional Tribunal including but not limited to specialized commercial courts, transitional justice bodies, other specialized or limited jurisdiction courts, or special executive bodies central to maintenance and expansion of the rule of law.

(c) OBJECTIVE 3: Strengthened Access to Justice Services

PRLM will strengthen the legal framework to protect human rights, expand legal aid services, strengthen paralegal networks, and increase public legal literacy. This will be accomplished through the development of institutions that play a foundational role in providing access to justice for Myanmar’s people - the Union Legal Aid Board (UALB), the MNHRC, Independent Lawyers Association of Myanmar (ILAM), and CSOs. With a combination of technical assistance, training and grants under contract, the contractor will support Myanmar to build a stronger foundation for access to justice services and deliver of legal aid services in Myanmar.

Expected Result 3.1: Improved foundations for access to justice

Task 3.1(a): Supporting Core Institutions

(1) Assistance to Institutions: The contractor will provide training, technical, and material assistance to support the basic functions and operations of the MNHRC, UALB, ILAM, and other legal institutions that may be established during the Myanmar’s transition. These may include but are not limited to a Law Reform Commission, a Judicial Appointments Commission, the Bar Council, and ad hoc Human Rights bodies with a specialized mandate. Assistance from the contractor will increase the technical and administrative capacity of these organizations’ leadership and key technical, management and administrative staff. Upon request by the MNHRC, ULAB and/or ILAM and with the approval of the COR, limited material assistance such as IT or other office equipment may be provided by the contractor where such assistance is critical to aiding the operations or efficiency of the organization. Technical assistance and training will focus primarily on improving or amending the organizations’ underlying legal frameworks;

drafting and implementing by-laws; data collection and analysis; and technical, management, and administrative training.

(2) Development and Implementation of a Legal Aid Program: The contractor will provide training and technical assistance to the UALB and OSCU to test and implement an appropriate legal aid program in Myanmar. The contractor will provide technical assistance to the ULAB and OSCU to support the preparation of annual budget requests related to a pilot national legal aid program. Working in conjunction with the ULAB and OSCU the contractor will support the development of a pilot legal aid activity, including development of required policies, by-laws, and materials, identification of pilot locations, and training to judges, prosecutors, and administrators. Upon completion of the pilot activity the contractor will submit a report to the UALB, not to exceed 25 pages, describing collaboration with the ULAB, OSCU, and other government and non-government entities; approaches to legal aid undertaken; assessment of the relative success or failure of the pilot activity; and recommendations including but not limited to expansion or full national implementation, timing, expected costs, anticipated Myanmar government funding, technical modifications to the scheme, and required technical and administrative training. Prior to sharing the final report with the UALB, the draft report will be subject to the approval and acceptance of the COR. The role of the contractor in the expansion or national roll-out of this activity will be determined in collaboration with USAID, the ULAB, OSCU, and non-governmental organizations and defined in subsequent work plan(s). The contractor will provide training and technical assistance to an expanded number of lawyers, judges, and other legal services providers on the functions and operations of the legal aid scheme; technical assistance on common legal issues confronting legal aid providers; material assistance such as information and communication technology equipment necessary for the management and efficient operations of the legal aid program; and support to public outreach efforts by the ULAB and the courts, associated government entities, and non-governmental organizations.

Expected Result 3.2: Non-governmental legal services expanded

Task 3.2: Increased access to non-government legal services

Support to NGOs/CSOs for Legal Services and Awareness: In support of the legal aid program developed by the ULAB with the contractor’s support under Expected Result 3.1, the contractor will also provide training, technical and material assistance, and sub-grants to non-governmental providers of legal or other access to justice services. This includes, but is not limited to, support for non-governmental initiatives and activities creating, maintaining, and expanding paralegal networks, and legal literacy campaigns. The contractor is required to base its assistance under this task primarily on the USAID funded legal aid toolkit (http://www.tetratechdpk.com/index.php/countries/131-asia-near-east/myanmar/274-myanmar-promoting-rule-of-law-project), and the legal aid management system (see Attachment 7).

The contractor must provide the training, technical, and material assistance described in this task to the ILAM, in addition to other identified non-governmental organizations, civil society, or other independent providers of legal aid services or organizations that promote the awareness of legal and human rights in Myanmar. USAID anticipates that the contractor will undertake significant use of GUCs under this task. All assistance contemplated under this task is subject to the approval of the COR through the work plan.

OBJECTIVE 4 Mitigating the impacts of trafficking, corruption, and support to transitional justice

Expected Result 4.1: Drivers of trafficking mitigated and awareness of rights and services for trafficking victims increased.

Task 4.1 – Specialized training on Trafficking Issues

The contractor will also provide specialized training on trafficking issues for the judiciary, government ministries, offices, and non-government organizations. PRLM shall address the pervasive problem of human trafficking in Myanmar by offering specialized technical assistance, training, and GUCs to local organizations to address trafficking issues that intersect with broader rule of law considerations, including but not limited to: advocacy for legislative or regulatory reform, the rights of victims, and awareness of prevalent types of trafficking and associated mitigation practices. The contractor is expected to build on prior USAID supported training for judges, prosecutors, members of the private bar and CSOs implemented by USAID’s PRLP. The contractor will provide a technical report, not to exceed 10 pages; to include, but not limited to a summary of activities, value of grants under contract and/or direct support provided on trafficking issues; assessment of the impact of activities, including specific anecdotes arising from the contractor’s activities; and recommendations for future activities. The scope and acceptance of the report is subject to the approval of the COR. The trafficking report must be submitted no later than January 15 of each year, or the next business day if a holiday or weekend.

Expected Result 4.2: Anti-corruption efforts enhanced

Task 4.2: Anti-corruption themes integrated across contractor activities

The contractor is required to integrate anti-corruption information, methods, and techniques across the Tasks described in this contract. This includes raising standards of integrity, accountability, and transparency, while minimizing opportunities for corruption, particularly among government institutions. The contractor must include and report on at least one anti-corruption indicator in its monitoring, evaluation, and learning plan. Each performance report must include a description of how the contractor integrated anti-corruption elements into its activities and at least one qualitative description or anecdote on how it attempted to, or successfully addressed a specific instance or opportunity for corruption with the judicial or broader legal community.

Expected Result 4.3 Transitional justice outcomes supported

Task 4.3(a): Increased respect of the rights of displaced communities

(1) Research on Transitional Justice Issues: At the direction of the COR, the contractor will provide support to international non-governmental organizations and domestic civil society organization to assist victims of violence. This may also include support for civil society led research and analysis to identify legal, political, and social drivers of destabilization in conflict affected areas and related to broader rule of law considerations in Myanmar. USAID anticipates that no such work will commence until Year 2 of the award; may include the provision of GUCs; that the contractor will undertake no more than two studies on transitional justice related issues each year; that the precise scope of any research is subject to the approval of the COR; and, that the results of any research will be shared outside of USAID only at the direction of the COR. The COR will provide details on anticipated direction or activities to the contractor during the development of the work plan.

(2) Training on Transitional Justice Issues: At the direction of the COR, the contractor will provide training and technical assistance on transitional justice issues to judges, judicial officials, lawyers, and human rights defenders. This training may include, but is not limited to, raising awareness of transitional justice issues among the aforementioned actors; and specialized issues of interest to the legal community. USAID anticipates this activity will not commence until Year 2 of the award, and that no more than four training activities will take place each year, and that each activity will target up to 25 individuals. The specific scope, agenda, and participants for training under this activity will be defined at the time of direction. The COR will provide details on anticipated direction or activities to the contractor during the development of the work plan.

Task 4.3(b): Increased access to resources for displaced communities

At the direction of the COR, the contractor will provide training, technical assistance, and limited material support to civil society organizations working in areas affected by violence. This assistance may include, but is not limited to psycho-social support; documentation of the economic, cultural, and social conditions confronting victims of violence;

and civil society efforts to achieve restorative justice for these communities. USAID anticipates that this activity will not commence until Year 2 of the award; and, may include the provision of GUCs, STTA, or other similar support. The specific scope, agenda, and participants for training under this activity will be defined at the time of direction. The contractor may propose activities to USAID for consideration and subject to the approval of the COR. The COR will provide details on anticipated direction or activities to the contractor during the development of the work plan.

C.4 Implementation Principles and Guidance

C.4.1 Gender and Women’s Empowerment PRLM will impact gender knowledge, attitudes and practices in the legal and judicial communities. A commitment to advance gender equality and women’s empowerment must be integrated into and across all tasks under the scope of work. It must take into account not only the different roles of men and women, but also the relationship between and among men and women as well as the broader institutional and social structures that support them. It will be determined during the implementation phase which women or particular women’s groups represent useful interests or alliances to achieve PRLM’s expected results. The activity will identify where attention to gender issues and/or women’s participation will contribute to results. All programs must adhere to the gender lessons learned outlined in USAID publications, including the USAID Policy on Gender Equality and Female Empowerment (https://www.usaid.gov/policy/gender-female-empowerment). The contractor must pay attention to any gender imbalances within the activity and undertake efforts that promote gender equality across the rule of law sector.

C.4.2 Inclusion of Vulnerable Groups The inclusion of LGBTI, internally displaced persons, persons with disabilities, the elderly, victimized minorities, or other vulnerable groups remains a challenge for Myanmar’s democratic development. USAID’s policies on Persons with Disabilities (see USAID Disability Policy Paper, pdf.usaid.gov/pdf_docs/Pdabq631.pdf) LGBTI, and Youth, as well as international best practices on inclusive development, shall be mainstreamed throughout the activity.

C.4.3 Trafficking in Persons Men, women, and children are all subject to trafficking in Myanmar. Males, in particular, are subjected to forced labor, primarily in fishing, but also in other labor-intensive industries. Debt bondage, passport confiscation, threats of harm, fraud in recruitment and physical abuse are reported. Women are subjected to sex trafficking and domestic servitude through forced marriages, primarily in China. As a community, Rohingya are largely unaccounted for in any of the countries in which they live, and are particularly vulnerable to abduction and all forms of forced labor and slavery. It is estimated that over 100,000 people in the ethnic areas of Myanmar have been displaced by conflict - a situation that also exposes ethnic minorities to trafficking on a frequent basis.3

C.4.4 Combatting Corruption Within the context of judicial accountability and integrity, the contractor must be familiar with state-of-the-art research4 on combatting corruption in the justice sector. Where applicable, the program must adhere to lessons learned.