ROL_IQC_RFP_SOL-OAA-11-000011.doc

Date Issued: December 7, 2010

Closing Date: January 24, 2011

Closing Time: 11:00 A.M. EST

Subject:

Request for Proposals Number SOL-OAA-11-000011

International Rule of Law Technical Assistance Services

The United States Agency for International Development (USAID) is seeking proposals to provide International Rule of Law Technical Assistance services for USAID’s Office of Democracy and Governance in the Bureau for Democracy, Conflict and Humanitarian Assistance (DCHA) as described in the attached Request for Proposals (RFP). USAID anticipates the award of approximately six (6) five-year Indefinite Quantity Contracts (IQC), including two (2) small business set-aside IQCs as a result of this RFP.

Note: The IQCs resulting from this RFP will include a small business threshold requiring that all task orders with a total estimated cost of $1,000,000 or less be set-aside for small businesses unless the Task Order Contracting Officer determines that one of the fair opportunity exceptions applies.

USAID anticipates that the maximum ordering limitation of the contracts resulting from this RFP will be $500,000,000 over the 5-year ordering period. The maximum aggregate dollar value of task orders awarded to all contractors cannot exceed this contract ceiling. This ceiling is not being subdivided among the number of awardees nor is it being multiplied by the number of awardees. There is no guarantee on the number of task orders that the successful contractors will receive or the amount of money beyond the minimum order guarantee set forth in the RFP.

This award will replace the prior IQCs in this sector:

1. Checchi and Company Consulting, Inc. (DFD-I-00-03-00170-00)

2. Chemonics International, Inc. (DFD-I-00-03-00171-00)

3. DPK Consulting (DFD-I-00-03-00173-00)

4. Management Science for Development, Inc. (DFD-I-00-03-00175-00)

5. National Center for State Court (DFD-I-00-03-00176-00) Pursuant to Block 12 of Standard Form 33 of this RFP, USAID requires that offers stay valid through September 30, 2011.

This RFP in no way obligates USAID to award a contract nor does it commit USAID to pay any cost incurred in the preparation and submission of a proposal.

This RFP can be viewed and downloaded from the Internet at Worldwide Web address www.fedbizopps.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes. Further, be aware that amendments to solicitations are occasionally issued and will be posted on the same Internet site from which you downloaded the solicitation. You are therefore advised to regularly check the above internet site for amendments.

Sincerely, Mark Walther Contracting Officer

PART I - THE SCHEDULE TC "PART I - THE SCHEDULE" \f C \l "1" SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS TC "SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS" \f C \l "1" B.1 PURPOSE TC "B.1 PURPOSE" \f C \l "2"

The purpose of this contract is to provide services that fall within the scope of the work specified in Section C for International Rule of Law Technical Assistance Services. USAID Task Order Contracting Officers (TOCOs) will request the work through the issuance of task orders during the ordering period as specified in Section F of the contract.

B.2 CONTRACT TYPE AND SERVICES TC "B.2 CONTRACT TYPE AND SERVICES" \f C \l "2"

This is an Indefinite Quantity Contract (IQC) utilizing individual task orders to provide technical services. The Government will issue task orders that are either Cost-Plus-Fixed-Fee (CPFF) or Firm-Fixed-Price (FFP).

B.3 MINIMUM OBLIGATED AMOUNT TC "B.3 MINIMUM OBLIGATED AMOUNT" \f C \l "2"

The basic contract includes an initial obligation of funds in the amount of $25,000 to cover the minimum order guarantee. USAID is required to order and the Contractor is required to furnish the minimum order amount of services.

Following this initial obligation, individual task orders will obligate funds to cover the work required under such task orders.

[Note: The initial obligation is expected to be applied towards the first task order issued by DCHA/DG.]

B.4 MAXIMUM CONTRACT CEILING TC "B.4 MAXIMUM CONTRACT CEILING" \f C \l "2"

This is a multiple award Indefinite Quantity Contract with an overall ceiling price of $500,000,000. The maximum aggregate dollar value of task orders awarded to all contractors cannot exceed the contract ceiling. This ceiling is not being subdivided among the number of awardees nor is it being multiplied by the number of awardees.

B.5 ESTIMATED COST AND FIXED FEE TC "B.5 OBLIGATED AMOUNT, ESTIMATED COST, FIXED FEE" \f C \l "2"

(a) The Total Estimated Cost Plus Fixed Fee for each task order must be negotiated in accordance with the terms of the IQC contract. In no event may the indirect rates or fixed fee for a task order exceed the ceilings set forth in Section B.7 and B.8 of IQC contract. The U.S. dollar costs must be limited to reasonable, allocable, and allowable costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment, and FAR 52.216-8, Fixed Fee, 2 CFR Part 220 (for universities), and 2 CFR Part 230 (non-profits).

(b) Fixed Fee Payment. For any task order issued under this contract, at the time of each payment of allowable costs to the Contractor, the USAID paying office ordinarily pays the Contractor a percentage of fixed fee that directly corresponds to the percentage of allowable costs being paid. Two exceptions to paying fixed fee in this manner apply:

(1) If the TOCO determines that this method results in paying a disproportionately higher ratio of fixed fee than the percentage of work that the Contractor has completed, then the TOCO may suspend further payment of any fixed fee until the Contractor has made sufficient progress to justify further payment, up to the agreed percentage.

(2) The clauses entitled "Allowable Cost and Payment" (FAR 52.216-7) and "Fixed Fee" (FAR 52.216-8) are incorporated into this contract. The terms and conditions of these clauses apply after total payments of fixed fee reach eighty-five percent (85%) of the total fixed fee.

B.6 INDIRECT COSTS TC "B.6 INDIRECT COST" \f C \l "2"

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:

Period:

2/Base of Application:

Type of Rate:

Period:

3/Base of Application:

Type of Rate:

Period:

Source:

Note 1: Contractors may recover applicable indirect costs (i.e., overhead, G&A, etc.) if it is part of the contractor's usual accounting procedures, consistent with FAR Part 31, and Negotiated Indirect Cost Rate Agreement (NICRA).

Note 2: While Subcontractor indirect cost rates are not incorporated above, subcontractor indirect cost rates may be included in task order proposals, and are subject to approval of the TOCO in accordance with FAR 52.244-2, Subcontracts.

B.7 CEILING ON INDIRECT COST RATES

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

Description

Rate Base Type Period

1/ 1/ 1/

2/ 2/ 2/

3/ 3/ 3/

1/Base of Application:

Type of Rate:

Period:

2/Base of Application:

Type of Rate:

Period:

3/Base of Application:

Type of Rate:

Period:

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

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

B.8 CEILING ON FIXED FEE

For each task order issued under this IQC, the TOCO and Contractor agree to negotiate a set dollar amount for fixed fee. In negotiating the fixed dollar amount for fee, the TOCO must consider the policies and factors for establishing fee in FAR 15.404-4 as well as any applicable USAID policy on establishing a fixed fee amount. In no event, however, may the amount of fixed fee in any individual task order exceed _____ percent (offeror proposes ceiling percentage) of the task order’s estimated cost, excluding fee.

B.9 LABOR

(a) Compensation of personnel under this contract or any resulting subcontract must be in accordance with AIDAR 752.7007 Personnel Compensation (JUL 2007).

(b) Central management costs will be handled through the following method:

The Contracting Officer has determined that a key (full-time) technical manager is not necessary or required to administer the basic IQC. Contractors will not be authorized to bill USAID directly for IQC management costs under this IQC or under task orders. Contractors shall propose a centralized management structure that allows for recovery of IQC management costs as part of its indirect costs.

(c) The work day and work week policies and method of accounting for paid absences including holidays for the contractor and major subcontractors is set forth in Attachment J___. (The Contracting Officer will fill in the Attachment number at the time of award and incorporate the information from the contractor’s proposal into Section J of the contract).

TC "B.7

ADVANCE UNDERSTANDING ON CEILING ON INDIRECT COST RATES AND FINAL PERFORMANCE FOR INDIRECT COSTS " \f C \l "2" B.10 TASK ORDER LIMITATIONS TC "B.10 TASK ORDER LIMITATIONS" \f C \l "2"

(a) Cost-Plus-Fixed-Fee (CPFF) Task Orders. When issuing CPFF task orders, the TOCO must state in the task order the total estimated cost plus fixed fee, which is the total amount of the task order and the maximum amount the Contractor may be paid without the advance written approval of the cognizant Contracting Officer. This maximum amount represents the negotiated mix of the prime contractor's and subcontractors' professional labor categories and salaries, an estimated number of workdays, other direct costs, and fixed fee.

(b) Firm-Fixed-Price (FFP) Task Orders. When issuing FFP task orders, TOCOs must state in the task order the firm fixed-price, which represents the total amount of the task order and the maximum price the contractor may be paid to perform the services, reports, or other deliverables in the task order.

(c) Minimum Order. When USAID requires services or reports and other deliverables covered by this contract in a Task Order in the amount of less than $25,000, the Contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the Contractor agrees to furnish services or reports and other deliverables required by USAID in an amount of less than $25,000 and is awarded a Task Order to do so, the Contractor is required to provide said services and reports/deliverables in accordance with the Contract's terms and conditions.

(d) Maximum Order. When USAID requires services or reports and other deliverables covered by this contract in a Task Order amount of more than $25,000,000, the Contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the Contractor agrees to furnish services or reports and other deliverables required by USAID in excess of $25,000,000 and awarded a Task Order to do so, the Contractor is required to provide said services and reports/deliverables in accordance with the Contracts terms and conditions.

(e) Notwithstanding the above, if issuance of a task order to, and acceptance of a task order by, the Contractor would: (1) result in the Contractor (or its personnel or its subcontractors or their personnel) having an organizational conflict of interest for which restrictions would be placed on the Contractor's (or its personnel’s or its subcontractors’ or their personnel’s) future activities; or (2) violate the provisions of the Procurement Integrity legislation, i.e., Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423), as amended by Section 814 of Pub. L. 101-189 the Contractor, after written notification to the cognizant Contracting Officer, is not obligated to furnish those services or reports and other deliverables under this contract, and USAID may acquire the supplies or services from another source.

- END OF SECTION B -

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK TC "SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK" \f C \l "1"

C.1 BACKGROUND

The Office of Democracy and Governance (DG) in USAID’s Bureau for Democracy, Conflict and Humanitarian Assistance (DCHA) advances USAID's commitment to strengthening democracy and good governance worldwide as a means of achieving U.S. Government foreign policy objectives and promoting the national interest. The most important role of DCHA/DG is to provide USAID and other development practitioners with technical and intellectual leadership and implementing mechanisms to support democratic development, reduce poverty, and empower the poor and disadvantaged, around the world. Services are provided to USAID field missions, other USAID operating units, and other United States Government agencies either directly or through managed contracts and assistance agreements.

The critical functions of technical leadership, field support and program management are carried-out by DCHA/DG in support of objectives in the areas of rule of law, elections and political processes, civil society and governance. At the same time, over-arching responsibilities of program integration, strategic planning, overall sector assessment, monitoring and evaluation are recognized as a distinct area of responsibility and resource requirement.

This IQC will entail the provision of a wide array of support services encompassing short- and long-term technical assistance and other activities aimed at supporting the development of rule of law and human rights. The IQC will be managed by USAID staff. However, cooperating US Agencies, such as the Department of State and the Millennium Challenge Corporation, may opt to transfer funds to USAID in order to participate in shared programs.

C.2 STATEMENT OF WORK

The purpose of this subject area is to support the development of the rule of law, and the promotion and protection of human rights throughout the world. The rule of law refers to a principle in which “all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights law” as defined by the United Nations and accepted by USAID. It also requires measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency.

There is growing recognition that promoting democratic governance rooted in the rule of law contributes to long-term, sustainable economic and social development. The rule of law is also a key component of democratic development and can help facilitate the legal empowerment of the poor. In many states, the processes and institutions that are necessary to uphold the rule of law are incompletely evolved, ineffective, or may not even exist. Their legal frameworks may not reflect the social reality or respond to contemporary needs, and may diverge significantly from internationally accepted norms. When these conditions prevail, the rule of law, democratic reform, and sustainable economic development cannot be fully achieved.

This IQC reflects the understanding that the justice sector is part of the larger political context. Effective rule of law programming may need to look beyond traditional approaches that focus on court operations and other components of the justice system. When the goal is democratic governance, the analysis that informs rule of law program decisions must be broad and comprehensive, and programming must reflect a holistic appreciation of cultural and country dynamics.

Activities under this IQC will improve and enhance the Agency's performance in responding to the rule of law challenges and developing a human rights culture. Activities may aim to reform legal frameworks and strengthen actors and institutions within and beyond the justice sector, including but not limited to the ministry of justice, judiciary, prosecutors, legal defense, investigators, civilian police, independent governmental institutions, professional associations, schools and universities, traditional authorities, legislative bodies, civil society, private sector associations, and citizens, in order to support the development of the rule of law and protect and promote human rights.

Activities will support a broad range of governmental and non-governmental actors to advance the following objectives toward advancing the rule of law:

1. Order and Security Support to improve capacity to protect persons, property, and democratic institutions against criminal and other extralegal elements, to allow for democratic competition and expression and protect or promote human rights. Public order, safety, and security are essential to the rule of law since climates of fear and frustration with high levels of crime and violence can undermine adherence and respect for the rule of law and lead to human rights abuses and conflict. Activities may, strengthen criminal justice institutions, promote community-oriented policing, and support efforts by community and citizen groups to raise awareness, reduce crime and promote citizen safety and security. Such efforts may include community-based police assistance; training police, prosecutors, judges and lawyers to implement criminal procedure or criminal codes; raising awareness about gender based violence; enhancing management, investigative capacity, organizational development, strategic planning and oversight of civilian police and other criminal justice sector actors; and improving the responsiveness of the police while enhancing the relationships with the communities they serve. Assistance to criminal justice sector actors shall be linked, if appropriate, to broader security sector reform initiatives as well as to crime and violence prevention efforts. Activities may also support assistance to prevent and respond to gender-based violence and protect other vulnerable populations and/or disenfranchised groups, linking prevention and protection services with access to justice along with a broader range of services to address the needs of actual and potential victims of crime and abuse. Some limited assistance may be provided to prisons and corrections institutions to improve prison infrastructure such as prison sanitation and to ensure the availability of adequate food, drinking water and medical care for prisoners. For assistance to prisons and corrections institutions using fiscal year 2010 funds or funds from a continuing resolution thereof, Public Law 111-117, Section 7085, requires that such activity may only be authorized after the Agency obtains the requisite determination from the Deputy Assistant Secretary of State in the Bureau of Democracy, Human Rights and Labor, regarding the country in which the activity will take place.

2. Legitimate Constitutions, Laws and Legal Institutions Support for the development of constitutions, laws and institutions, ensuring that they are derived through democratic, participatory processes and are consistent with international human rights principles and norms. Support under this element ensures that citizens participate in the legal reform process, perceive laws as legitimate and worthy of adherence and respect the authority of law and legal institutions that are held accountable. Support may also be provided to broaden a country’s legal framework and address its relationship to different sources of law, such as traditional, customary or religious law. Support may further be provided to expand access to legal information and literacy (e.g., an activity that fosters comprehensive and a timely system for publishing and disseminating laws nation-wide).

3. Strengthened Checks and Balances Support to strengthening judicial independence as a means to exercise effective control over abuse of political powers which may include activities to address separation of powers, check excessive power in any branch or level of government, and ensure that government is bound by law, and government decision-making is in accordance with the law. Support to improving transparency in judicial decision-making and administration, ethics, discipline, and accountability for all actors in the justice system, and public respect for judicial decision-making. Activities may include assistance to reform or strengthen legal frameworks and the relevant implementing institutions, oversight of justice sector institutions, non-governmental actors and citizens with the aim of bolstering judicial independence and accountability.

4. Fairness and Human Rights

Fairness includes four sub-elements:

a) Equal Application of the Law Support to ensure that laws are applied equally to all persons and entities, including women, youth, people with disabilities, the poor and disadvantaged, and other vulnerable populations, and that impunity of privileged individuals is reduced. Programming shall aim to ensure that the legal system gives equal attention and protection to the poor and disadvantaged minorities, whether as victims or perpetrators of crime and whether in civil or criminal matters.

b) Procedural Fairness Support for the development of rules for legal proceedings to ensure those rules are fair and that the government follows the rules in enforcing laws, thus impeding arbitrary action by the government. Procedural fairness guarantees certain basic rights of all parties in both criminal and civil matters, to ensure that all parties have the right to be heard, present evidence, and receive timely notice of the charges and proceedings. This sub-element includes reform and implementation of criminal and civil procedure codes to ensure that they conform to international fair trial standards and other reforms to establish procedural protections of citizens’ rights.

c) Protection of Human Rights and Civil Liberties Support to ensure laws and codes reflect international and regional human rights standards, as embodied in the Universal Declaration of Human Rights and as further specified in human rights conventions, laws, and treaties, including labor conventions. Programming shall aim to ensure that laws are enacted and applied fairly and equally. Support shall ensure that the national legal system both recognizes essential human rights and respects those rights in practice, by working with the country’s legal framework and the structure and performance of its legal institutions. Activities may strengthen governmental and non-governmental actors and institutions aimed at promoting and protecting human rights and civil liberties.

d) Access to Justice Support to improve both the quantity and quality of justice available to citizens. Approaches may include activities such as increasing the number of courthouses and centers of justice, streamlining court management procedures and policies, supporting traditional institutions thereby enhancing the capacity and quality of justice. The quality of justice may be measured by: the preparation of prosecution and defense attorneys, revising the legal framework to include protections for vulnerable groups, reducing the cost of justice, increasing information available to citizens, removing language and physical barriers, diversifying staff and enhancing their responsiveness to citizens. Activities promoting access to justice may include assistance to ensure that citizens are aware of their legal rights and know how to seek redress to hold the government accountable and to protect citizens against the actions of powerful private interests that may bypass or penetrate the state, and encourage the use of alternative dispute resolution mechanisms, including customary law. It further includes assistance to improve the ethics, effectiveness, training, and professionalism of law enforcement, justice sector actors, and court personnel. Assistance may also be targeted at enhancing legal services available to vulnerable groups or in remote areas, particularly the poor, youth, people with disabilities and women, and expanding their access to and knowledge of other essential services that facilitate fair and equitable justice and address critical needs. Access to justice includes support to expand, improve, or integrate both state and non-state fora for justice and dispute resolution, including legal resource centers, arbitration, meditation, and alternative dispute resolution mechanisms.

5. Effective Application of the Law Support aimed at improving the consistent enforcement and application of the law by strengthening administrative systems (budget, personnel, procurement, etc.), operational systems and capacities to carry out core functions (case management, client relations, enforcement of judgments, criminal investigations and prosecutions, etc.), reforming administrative law systems, and enhancing coordination among justice sector actors and institutions.

6. Rule of law in post-conflict environments Support to the establishment or development of rule of law in post-conflict countries, including emergency response to human rights violations, rebuilding core functions within the justice sector to implement peace agreements, promoting access to justice, rebuilding citizens trust in the justice system, enhancing oversight of the security sector, working with non-state justice actors to expand access to justice, and supporting mechanisms to deal with the legacy of past abuses such as tribunals, truth commissions and restorative justice mechanisms.

Tasks/Deliverables

The contractor shall provide the following tasks/deliverables as requested in task orders under this contract to accomplish the objectives laid out above:

1. Conducting rule of law assessments, evaluations, developing strategies, and designing programs. This also includes justice sector institutional analysis, planning, and diagnostic surveys;

2. Legal analysis and research (in common and civil law systems, comparative legal systems, customary, religious or traditional or religious legal systems, international law, labor law, constitutional law, business law, commercial law, law of associations, administrative law, and general law);

3. Assisting in the development of strategies, programs, and activities that optimize linkages between the justice sector institutions and other sector areas;

4. Advising government officials and/or USAID on the best practices to strengthen the justice sector, advance human rights, and support cooperation among government institutions;

5. Advising governments and/or USAID on how to develop and implement justice sector activities;

6. Supporting, through provision of staff, technical services and/or material support, start-up and/or longer-term implementation of justice sector initiatives;

7. Judicial, legal, human rights and other justice sector training;

8. Supporting the establishment of judicial or legal training institutes, law schools, legal education, continuing legal education, curriculum development, and judicial system strengthening programs;

9. Training to host country officials on oversight, ethics, conflict of interest, and rule of law related functions;

10. Providing advisory services pertaining to drafting and enforcement of regulations and laws;

11. Supporting capacity building initiatives and/or providing grants to governmental or civil society organizations (CSOs) for advocacy and monitoring, professional associations, strategic planning, legal aid clinics, organization, funding or other needs;

12. Capacity building to develop holistic programs for victims of violence and crime including crime prevention, treatment, investigation, prosecution, and referral;

13. Facilitating mechanisms for public participation in legal reform and policy decision-making;

14. Facilitating government inter-institutional coordination mechanisms of the justice sector;

15. Sponsoring investigative journalism training and other related monitoring activities of the justice sector;

16. Training, research and analysis on cross-sectoral and emerging issues, e.g., corruption, economic growth, gender-based violence, HIV/AIDS discrimination, etc.;

17. Research, analysis and publication of lessons learned regarding rule of law challenges, impact, and programming;

18. Financial analysis, auditing of justice sector institutions, and Procurement/logistics (e.g., computers and office supplies); and

19. Workshop and conference planning, Public outreach, awareness-raising, Publishing documents (e.g., monographs, studies, laws, judicial decisions), and minor rehabilitation of justice sector buildings.

C.3 LABOR CATEGORIES

Provided below is a list of the types of labor categories that may be required under task orders. However, other labor categories that are not listed below may also be required under task orders.

1. Attorney/Judge – Provides analysis, advice and/or implementation assistance on rule of law institutions (including courts, prosecutors and relevant ministries), formation and modifications to legal systems, and legal aspects of design or modification of rules, regulations and legislation related to anti-corruption activities. A Judge may provide technical assistance on project components emphasizing institutional reform of the courts or other judicial bodies, judicial associations, and relations with judges from host countries.

2. Program Development/Implementation/Monitoring/Reporting Specialist – Provides analysis, advice and guidance to USAID and cooperating government and host country NGO officials and members in planning, design, development, implementation, and performance monitoring and reporting (to include the development monitoring plans) of programs and activities.

3. Subject Matter Specialist (includes Rule of Law Specialist, Law Professor, Court Administrator, Media Specialist, Public Education Specialist, Forensics Expert, Policing Advisor, and Case Manager) – Provides specialized technical advice and assistance pertaining to substantive components of rule of law and justice sector assistance programs. Such expertise may be required within the context of a broader and integrated programmatic effort, or as a stand-alone requirement.

4. Public Administration/Strategic Management Specialist/Management

Information Specialist/Financial Analyst – Provides advice and guidance on management processes and issues, drawing on the principles and practices of strategic planning, change management, systems analysis, financial management systems, audit offices, and related disciplines. Provides technical advice and assistance with regard to automated or manual information management systems, including those related to archival resources, court and case management. Advises and assists in developing and using processes to identify and engage relevant stakeholders; define agreed upon purposes, outcomes, and strategies; analyze and effectively address external environmental considerations along with internal ones.

5. Social Scientist – Provides analysis, advice and/or implementation of DG programs based on education in and/or practical knowledge of anthropology, economics, social history, law, political science, sociology and/or related disciplines.

6. Administrative Support - Provides secretarial, logistical and operations support to contractor teams, USAID and cooperating country personnel. Conducts research and obtains documents to inform technical assistance, briefings and reports. Coordinates logistics for travel, study tours, training and other events.

C.4 LABOR CATEGORIES – LEVEL OF QUALIFICATION

In order to perform the scope of work set forth in Section C, the Contractor must provide the education and experience levels as indicated below of the specific Labor Categories listed above.

JD / ABD

MS,MA, MBA BS, BA

Less than Bachelor's

JD / ABD

MS, MA, MBA

BS, BA

Less than Bachelor's

JD / ABD

MS, MA, MBA

BS, BA

Less than Bachelor's

*Highest degree obtained should be related to work being performed.

**Relevant Work Experience is required for the levels indicated.

C.5 PRIMARY POINTS OF CONTACT

The contractor shall provide two primary points of contact to support this IQC. The Senior Technical Advisor shall be the individual bearing primary responsibility for technical aspects of contract performance. The IQC Manager shall be the individual bearing primary responsibility for procurement, personnel, reporting, and other management related requirements of the contract.

[Note: See Section B.9(b) regarding the recovery of these central management costs.]

The Senior Technical Advisor shall have a law degree or a graduate degree in a related field, at least ten years of experience working on development programs, preferably in the area of rule of law and human rights promotion. Practical experience working in a judicial or legal institution or being an active member of a professional legal/judicial association is strongly desired. The IQC Manager shall have at least an undergraduate degree, and at least ten years of experience working on, or managing, development programs, preferably in the area of democracy and governance.

C.6 GRANTS UNDER CONTRACTS

Funds may be made available on a grant basis for institutional capacity building which the contractor will administer. Participating organizations may be expected to provide a portion of their costs from their own resources. In this regard, the Contractor may be required to execute and/or administer grants under awarded task orders. [See Section H.16]

Under this IQC, grants management tasks may include: contractor(s) participation in or responsibility for the drafting and publication of Requests for Applications (RFAs), working with local groups to develop grant proposals, evaluation of proposals, establishment of grant agreements, delivery of financial and in-kind assistance, monitoring implementation and grant close-out. The Contractor(s)’s responsibilities may also include: screening of potential grantee partners, design of the grant, database entry, monitoring and evaluating the grantee deliverables. However, the program direction, focus, type of grantees and final grant approval will remain with the tasking Bureau or Mission. The Contractor(s) must review all grant proposals before final approval to assure they are consistent with USAID policies and procedures, grant format and disposition of property. USAID must approve sub-awards unless otherwise stated in the task order.

In addition, Grants may involve some or all of the following:

(a) a participatory process (with the potential grantee) in its design, implementation and monitoring;

(b) a grantee contribution;

(c) a media component to amplify the results, reaching the largest audience possible;

(d) tangible, visible impacts or benefits;

(e) in-kind procurements;

(f) being catalytic in design and impact; and

(g) non-partisan grantee and purpose.

C.7 PROVISION OF SERVICES

Services may be required to support USAID's programs during their design, implementation, and evaluation stages as they become identified and requested by missions, regional bureaus, and/or other USAID/Washington central offices. The contractor shall provide to these USAID entities such services as may be required under task orders. The contractor shall also provide, as requested by field missions or Washington central offices, direct technical assistance and/or advisory and assistance services to host country governmental and nongovernmental institutions to promote the rule of law and human rights. Personnel must be skilled in working with host country partners in a collaborative manner to accomplish mutual objectives.

In carrying out task orders, contractor personnel shall be familiar with state-of-the-art research and programming, lessons learned from past experiences and from other donors, and USAID policy and objectives in promoting government integrity, judicial independence, and strengthening the rule of law. The following reference may be found on USAID’s website:

Relevant guidance on USAID programs and policy is available at http://www.usaid.gov/our_work/democracy_and_governance/publications/dgtpindx.html#pnacm001.

Information on the Policy Framework for Bilateral Assistance is available at http://www.usaid.gov/policy/policy_framework_jan06.html.

Information on various technical publications produced by USAID’s Office of Democracy and Governance, Rule of Law Division, is available at http://www.usaid.gov/our_work/democracy_and_governance/technical_areas/rule_of_law/index.html).

- END OF SECTION C -

SECTION D - PACKAGING AND MARKING TC "SECTION D - PACKAGING AND MARKING" \f C \l "1" D.1 AIDAR 752.7009 MARKING (JAN 1993) TC "D.1 AIDAR 752.7009 MARKING (JAN 1993)" \f C \l "2"

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

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

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

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

D.2 BRANDING POLICY TC "D.2 BRANDING" \f C \l "2" Markings under this contract shall comply with the USAID “Graphic Standards Manual” available at www.usaid.gov/branding or any successor branding policy.

In accordance with ADS 320 “Branding and Marking” this indefinite quantity contract (IQC) incorporates USAID’s policy directives and required procedures on branding and marking of USAID-funded programs, projects, activities, public communications, and commodities with the USAID identity. The Branding Strategy for the USAID/DCHA/DG International Rule of Law Technical Services Program is included in the D.3.1 below.

D.3 BRANDING STRATEGY

Program/Activity Name: USAID/DCHA/DG International Rule of Law Technical Services Program

Positioning: All materials developed as a result of this activity will contain the following attribution statement:

“This project was made possible by the United States Agency for International Development and the generous support of the American People through the USAID/DCHA/DG International Rule of Law Technical Service Program.”

Level of Visibility: All publications developed through this project, with the exception of research articles published in academic journals, will also display currently approved USAID Identity graphic and conform to other requirements of the USAID Graphic Standards Manual.

D.4 MARKING

Description of public communications and program materials to be produced as part of the activity that will visibly bear the USAID Identity:

1. Standard USAID Identity

2. “This project was made possible by the United States Agency for International Development and the generous support of the American People through USAID/DCHA/DG International Rule of Law Technical Services Program, Task Order No. TBD.”

- END OF SECTION D -

SECTION E - INSPECTION AND ACCEPTANCE TC "SECTION E - INSPECTION AND ACCEPTANCE" \f C \l "1"

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE TC "E.1

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

NUMBER

TITLE

DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.246-2

INSPECTION OF SUPPLIES—FIXED PRICE

AUG 1996

52.246-3

INSPECTION OF SUPPLIES—COST-REIMBURSEMENT

MAY 2001

52.246-4

INSPECTION OF SERVICES-FIXED-PRICE

AUG 1996

52.246-5

INSPECTION OF SERVICES—COST-REIMBURSEMENT

APR 1984

E.2 INSPECTION AND ACCEPTANCE TC "E.2 INSPECTION AND ACCEPTANCE" \f C \l "2" USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at USAID Washington or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COTR identified in Section G has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

COTRs may also be designated for a specific task order. If so, the task order COTR (TO COTR) may inspect and accept all services, reports and required deliverables or outputs if specified in the task orders.

E.3 RESPONSIBLE OFFICIAL

In accordance with the clauses of this contract entitled “Inspection – Cost – Cost Reimbursement” (FAR 52.246-5) and “Inspection – Fixed Price” (FAR 52.246-4), inspection of results or other deliverables required by each Task Order issued hereunder shall be made by the cognizant COTR for that Task Order. Acceptance of goods/services and reports or other deliverables by the cognizant COTR for that Task Order shall form the basis for payments to the contractor, and will form the basis of the contractor’s permanent performance record with regard to this contract.

- END OF SECTION E -

SECTION F - DELIVERIES OR PERFORMANCE TC "SECTION F - DELIVERIES OR PERFORMANCE" \f C \l "1"

F.1 PERIOD OF PERFORMANCE

The ordering period for this contract is five (5) years from the date of award of the contract.

Although task orders may be issued at any time during this ordering period, two constraints apply to the period of performance for task orders. First, the period of performance for a task order may not go beyond three (3) years after the end of the ordering period. Second, a TOCO may not award a task order for a period of performance that goes more than five (5) years into the future at the time the order is either awarded or extended by modification. Lastly, the entire task order period of performance may not go beyond five (5) years.

F.2 PERFORMANCE STANDARDS TC "F.3

PERFORMANCE STANDARDS" \f C \l "2" Evaluation of the Contractor's performance in accordance with the performance requirements set forth in task orders will be conducted jointly by the COTR and the Contracting Officer, and shall form the basis of the Contractor's permanent performance record with regard to this contract.

F.3 REPORTS AND DELIVERABLES OR OUTPUTS TC "F.4 REPORTS AND DELIVERABLES OR OUTPUTS" \f C \l "2" In addition to the requirements set forth for submission of reports in Sections I and J and in the AIDAR clause 752.242-70, Periodic Progress Reports, the Contractor shall submit the following deliverables or outputs to the COTR specified in Section G:

(a) Contents of Periodic Progress Reports

1. Performance Monitoring Reports (PMRs): The Contractor shall submit performance reports summarizing progress of the major activities in process during the period in relation to the requirements of the contract, indicating any problems encountered, and proposing remedial actions as appropriate. Results and impact shall be reported in keeping with performance monitoring plans or other results monitoring mechanisms. In addition, beginning with the second PMR, and continuing subsequently with even numbered PMRs, the Contractor shall include a section which discusses any salient programmatic trends that can be distilled from major activities that are in process or recently completed; and, highlights unresolved or on-going administrative/bureaucratic constraints to the Contractor's optimal performance; an update of which will be used as part of future award evaluations.

2. Contract Financial Report: The contractor shall submit a contract financial report including the following:

(i) Notification of New Task Order Report Content:

(1) Task Order number,

(2) Mission/Bureau contracting the task order,

(3) Period of Performance,

(4) CO,

(5) COTR,

(6) Ceiling Price, and

(7) Initial Obligated Amount.

(ii) Modifications to Existing Task Orders Report Content:

A short description of any of the following changes to existing task orders:

(1) Incremental funding, (2) Time extensions, (3) Change of CO and/or COTR, and (4) Completion of work.

3. The above reports shall be submitted within 30 days of the three-month periods (calendar quarters) ending on March 31, June 30, September 30, and December 31.

4. The contractor shall submit the reports to the COTR identified in Section G of the Schedule, who will forward the reports to the responsible Contracting Officer.

5. The contractor shall promptly notify the Contracting Officer and COTR of any problems, delays, or adverse conditions which materially impair the contractor's ability to meet the requirements of the contract.

(b) Accrual Reports

The contractor shall submit an estimated accrual report including the following information for all task orders where DCHA/DG is designated as the cognizant technical office for the task order:

(1) Total amount obligated, (2) Total amount invoiced for, (3) Total amount expended but not yet invoiced for, (4) Remaining unexpended funds.

The contractor shall submit these reports to the COTR identified in Section G of the Contract on March 31, June 30, September 30, and December 31.

(c) Language of Reports and Other Deliverables

All reports and other deliverables shall be in the English language, unless otherwise specified by the USAID/W COTR or in a task order.

(d) Meetings

The contractor shall be responsible for attending semi-annual meetings with the COTR.

(e) Reports

(1) The cover page of all deliverables required in this contract shall include the USAID logo (or the name of the Agency written out) prominently displayed, the contract number, Contractor name, name of the USAID project office (DCHA/DG or other relevant USAID mission/office), the publication or issuance date of the document, document title, author name(s), project number, and project title. Descriptive information is required whether Contractor-furnished products are submitted in paper or electronic form. All materials shall include the name, organization, address, and telephone/fax/internet number of the person submitting the materials.

(2) Hard copy reports shall be prepared on non-glossy paper (preferably recycled and white or off-white) using black print. Elaborate art work, multi-color printing, and expensive bindings are not to be used. Whenever possible, pages shall be printed on both sides (see also Section E of this contract).

(3) Electronic formats shall be submitted with the following descriptive information:

(i) Operating system format, e.g., DOS or MacIntosh compatible;

(ii) Name of application software used to create the files on the compact disc (CD), e.g., Wordperfect Ver. 5.0, Microsoft Word Ver. 2.1;

(iii) The format for any graphic and/or image files included, e.g., TIFF-compatible; and

(iv) Any other necessary information, e.g., special backup or data compression routines/software used for storing/retrieving submitted data.

(f) Distribution to COTR and Briefing

(1) Distribution of Task Orders to Basic Contract COTR One copy of each new task order issued under this IQC must be forwarded to the DCHA/DG COTR within one week of receipt by the Contractor.

(2) Briefings

Prior to completion of each task order or departure from post, if overseas (whichever is earlier), Contractor personnel should brief the relevant USAID Mission and/or cooperating country officials on the principal activities, accomplishments, and findings during the assignment, unless a briefing is not desired. As requested by the DCHA/DG COTR for this contract, Contractor personnel will brief DCHA/DG upon return from each assignment and provide copies of any documents generated under individual task orders.

(g) Development Experience Documentation

USAID contractors must submit one electronic and/or one hard copy of development experience documentation (electronic copies are preferred), pursuant to AIDAR 752.7005, to the DCHA/DG COTR.

F.4 TASK ORDERS TC "F.5 TASK ORDERS" \f C \l "2" (a) Task Orders may be issued by USAID/W Contracting Officers and field Contracting Officers within the scope of Section C.

(b) Each task order will carry a specific task order number which will be cited on each invoice placed against this contract.

(c) In no event shall the aggregate total of all task orders exceed the Maximum Ordering Limitation authorized in the…