GEORGIA
RULE OF LAW
STATEMENT OF WORK
I.
CONTEXT
A.
Objective
USAID’s Strategic Plan for Georgia, frames its rule of
law objective as “Legal Systems That
Better Support Implementation of Democratic Processes and Market Reform.” This activity will strengthen the rule of
law in Georgia by providing a more stable foundation for democracy and economic
growth. The underlying assumption is
that democratic processes and market reform cannot flourish in a society that
lacks confidence in and respect for its legal system. Such trust can only evolve in the presence of a demonstrably effective,
transparent and predictable legal infrastructure.
This activity includes elements typically associated
with rule of law, such as drafting and adopting targeted reform laws and
amendments; promulgating regulations; pursuing various implementation
mechanisms, such as raising public awareness; providing training and equipment;
and fostering compliance with laws, rules, and court decisions. Achieving this activity’s overall objective
entails implementing an integrated legal reform program. Maintaining clear linkages between the
Democracy and Governance Strategic Objective Team (SOT) and the other Mission
SOTs will prove critical.
Anti-corruption measures are also included in this Statement of Work
(SOW). The Mission does not have a
stand-alone anti-corruption activity, but has incorporated anti-corruption and
transparency components throughout its ROL activities. Reducing opportunities for corruption
constitutes a critical feature of the anti-corruption effort.
B. USAID/Caucasus Mission Statement for Georgia
The
overall USAID program in Georgia is predicated upon the belief that a more open
and democratic civil society coupled with a dynamic and equitable free market
economy are essential for improving the quality of life for all Georgians. The 2000-2003 Strategic Plan aims to foster,
in partnership with Georgians, a stable, more prosperous market-oriented
democracy that empowers citizens, is governed by the rule of law, and promotes
the basic welfare of the population.
The strategic challenge lies in assisting Georgia through its difficult
transition period from Soviet systems, attitudes, and conditions to a nation of
private, market-driven, participatory economic and democratic political and
legal systems.
The
following five, integrally linked, Strategic Objectives (SOs) and one Special
Initiative (SI) seek to implement the Strategic Plan: 1.3 Accelerated
Development and Growth of Private Enterprise; 1.5 A More Economically Efficient and Environmentally Sustainable
Energy Sector; 2.2 Legal Systems that Better Support Implementation of
Democratic Processes and Market Reform; 2.3 More Efficient and Responsive Local
Governance; 3.1 Reduced Human Suffering in Targeted Communities; and SI
Targeted Privatization Activities.
Recognizing that the rule of law constitutes a pre-condition to a stable
democracy and strong economy, the Mission is committed to supporting and
promoting legal reform.
C. Background
In 1995, the former Soviet Republic of
Georgia emerged from a four-year period of violent ethnic conflict and civil
war, following the break-up of the Soviet Union, to face the daunting task of
building a democracy. Presidential and
parliamentary elections were held and resulted in the installment of President
Eduard Shervardnadze with the Citizens Union of Georgia (CUG) political party
gaining a majority of seats in parliament.
In 1998, local council elections were held, followed by parliamentary
elections in 1999, and a presidential election in April 2000. Like all former Soviet republics, Georgia
has struggled to find the political will necessary to drive a complex and
tedious reform process - one
that cannot be completed quickly or painlessly. Persistent internal and regional tensions make the task
especially difficult for Georgia, a country of approximately 5.6 million people
who represent at least eight ethnic groups.
In the area of legal reform, accomplishments have been
noteworthy. A new Constitution was
adopted in 1995 and approximately 785 laws have been enacted. The laws include well-regarded Civil,
Administrative and Tax Codes and commercial legislation sufficient for Georgia
to join the World Trade Organization.
In 1997, the Council of Justice, a tripartite body, was formed to
oversee judicial reform. In 1999, the
entire judiciary was restructured, an appellate court system introduced, and
184 newly qualified judges were appointed to the bench, as a consequence of an
objective and fairly administered qualification exam. A private Bar, the Georgia Young Lawyers Association, and legal
advocacy NGOs have helped develop legal professionalism and extend legal
assistance to the public.
USAID has provided assistance in all the above referenced
areas. The Georgia Mission opened in
the summer of 1998, and in 1999 USAID/Caucasus’s first strategic plan for
Georgia was approved. Prior to
establishment of the mission in Tbilisi, USAID managed legal reform activities
from the regional Mission in Yerevan.
In early 1999, the USG and the Government of Georgia
(GOG) launched a high profile initiative, known as the Five-Point Program
(FPP), to reinvigorate the reform movement, which had begun to lag. As a consequence of the anti-corruption
component of the Five-Point Program, judicial reform initiatives were advanced
and the Parliament passed the following critically needed legislation: the
Administrative Code; the Criminal Code, the Judicial Disciplinary Law, the
Licensing Law, and the Law on the Enforcement of Judgments. The Administrative Code aims to hold public
officials accountable and force transparency in the public domain. Since the Code went into force on January 1,
2000, its implementation has moved rapidly.
The Four-Point Program succeeded the Five-Point Program. Anti-corruption remains a focus of the
Four-Point Program, but the primary focus of the Democracy and Governance (DG)
Office will shift to civil service/administrative reform. Assistance with the implementation of the
Administrative Code will constitute a major component of future assistance.
Despite significant accomplishments, serious problems
remain. A major component of judicial
reform entails paying the newly qualified judges an adequate salary in a timely
manner. The GOG has failed to make such
payments; thus, threatening judicial reform achievements. The continuing budget crisis undermines
numerous reform initiatives.
Furthermore, the Parliament elected in the fall of 1999 does not have as
reform-oriented an agenda as the previous Parliament. Section E “Key Constraints” provides a fuller discussion of the
serious constraints to legal reform.
While much of the legal framework is now in place,
much work remains. The Mission’s new
four-year strategy anticipates a comprehensive and integrated approach to legal
reform that builds on past efforts to strengthen legal sector institutions, and
emphasizes the need to build public demand for the effective performance of
such institutions. This strategy seeks
to accelerate the pace of legal reform to address implementation of the laws
and compliance with the laws. With
greater implementation and compliance the public will begin to see and benefit
from legal reforms.
D. ROL Donor and Partner Activities
Several Mission partners already have ROL tasks
underway or planned. The American Bar
Association, Central and Eastern European Law Initiative (ABA/CEELI) has a
significant role in ROL activities.
ABA/CEELI focuses on developing legal professionalism and fostering
sustainable partnerships. This entails
assistance to draft, adopt and implement a Law on the Bar, a Judicial Ethics
Code and a Judicial Disciplinary Law.
ABA/CEELI provides advocacy grants to the Judges of Georgia (a private
association), the Georgian Young Lawyers Association, and two legal advocacy
NGOs with student clinical programs.
Additional assistance will be provided for the Conference of Judges, law
school accreditation and moot court competitions. ABA/CEELI may also receive funding from the U.S. Department of
Justice under a separate project to assist with various procuracy reform
initiatives, but USAID does not intend to work directly with the procuracy or
fund such initiatives.
The National Democratic Institute (NDI) will work with
the Parliament to enhance its abilities to conduct oversight hearings over the
executive branch. NDI and parliament
may require substantive legal expertise from time to time when parliament
examines how effectively laws are being implemented and suggestions for
amendments. In addition, NDI will
assist with designing mechanisms to encourage public participation in
legislative processes and greater consensus building. Internews and the International Center for Journalists (ICFJ)
provide assistance for electronic and print media, respectively. These organizations will have the lead role
in addressing media law issues and provide consultation on media coverage of
legal reform. The International
Foundation for Election Systems (IFES), with assistance from NDI and the
International Republican Institute (IRI), covers election laws. In addition, these organizations support
elections, administer voter education, political party training and domestic
observation of elections. The Academy
for Educational Development (AED) provides supplementary ROL training,
particularly with legal drafting. The
Eurasia Foundation and the Horizonti Foundation manage ROL grant programs.
Key donors working towards this SO along with USAID
include the World Bank (WB), European Union (EU), Soros, GTZ, United Nations
Development Program (UNDP), and the Council of Europe (COE). The WB has the lead in providing assistance
for court administration and management, case processing and courthouse
rehabilitation. The EU, WB and Soros
have extensive judicial training programs.
Soros also plans to work with the law school at Tbilisi State
University. UNDP provides assistance to
the Ombudsman, parliament's anti-corruption committee, and the Constitutional
Court's public outreach program. The EU
and UNDP have a variety of gender-related legal activities. Annex A, in the legal assessment (see USAID
website http://www.usaid/gov/countries/ge), provides a matrix table indicating
the activities the ROL donors support.
The donor matrix table was prepared in February 2000 and does not
reflect possible new activities that the Contractor will implement.
The attached legal assessment covers many issues and makes numerous
recommendations. USAID recognizes that to tackle all the needs identified in the assessment is beyond the manageable interest of any one contractor or donor.
Moreover, other donors and USAID partners are already implementing many of the recommendations. The Offeror must take into consideration the integrated approach to legal reform in Georgia and look at all donor and partner activities. To only examine possible tasks in this RFP, would give a spotty and disjointed picture of legal reform activities. The RFP also reflects a prioritization of tasks from those listed in the legal assessment. The tasks listed herein are those that best support implementation and will have the widest possible impact on Georgian citizens.
The legal assessment is for background information
only. The Offeror will not be bound by
the illustrative tasks in the assessment or RFP, nor should the Offeror be
limited in proposing additional approaches to implementation.
E.
Key Constraints
Major systemic constraints exist that are beyond the
manageable interest of any one donor or partner to remedy. It is only by having a coordinated approach
between SOs and donors that progress can be achieved. Nevertheless, the tasks the Contractor will perform will need to
address some or all of the below listed constraints.
1. Political
Will
Political will proves precarious and the political
environment remains unpredictable.
Continued support by reformers, in the executive branch and parliament,
is not guaranteed. Commitments to
reform are especially critical in politically sensitive sectors such as the
Procuracy and law enforcement, as well as other bureaucratic apparatuses,
especially in view of retrograde actions that curtailed progressive provisions
in the Criminal Procedure Code.
2. Corruption
Corruption is endemic. Practices that westerners view as “corrupt”, many Georgians
consider a means of “taking care of one’s own” and conducting ordinary
business. Corruption crosses all public
and private sectors of society and cannot be defeated with laws alone, but will
require shifts in attitude. The
inadequate salary structure for public officials further fuels corruption, with
the GOG maintaining that it lacks the financial resources to pay living
wages. The executive, legislative and
judicial branches all need to take steps to ensure their transparency and
accountability. Corruption fosters
public cynicism, the third constraint.
3. Public
Cynicism
The public remains skeptical that the State can protect
individual interests. Most average
Georgians are unaware of their legal rights, distrust legal regimes, avoid
formal avenues of resolution, and are unimpressed with the progress of reform,
which has not, for the most part, improved their daily lives. This fundamental lack of confidence and
understanding in the system helps to sustain a cycle of corruption in part
because there is no assurance that public servants will serve the public. The problem of a cynical public can also be
explained by, or perhaps contributes to, the next problem - the gap between legality and reality.
4. Legality
vs. Reality
Much of Georgia’s legal framework, while impressive on
paper, is characterized by a gap between legality and reality, e.g. poor
implementation. A new Constitution,
hundreds of new laws, and countless amendments have been enacted, but many laws
are vague or over-complicated. Laws are
often aspirational rather than implementable.
In many instances, ministries have failed to promulgate implementing
regulations, and staff at the Department for Enforcement of Judgments report
that 70% of civil and administrative judgements go unenforced.
5. Knowledge,
Experience and Expertise
The lack of information on reform laws and experience
and expertise working with the laws constitutes another key area of
constraint. Many legal professionals do
not know how to interpret, render legal opinions and apply the reform laws that
introduce concepts of democracy and market reform. Moreover, often, they do not even have access to the laws.
II. EXPECTED PERFORMANCE AND OUTCOMES
A. Strategic
Objectives (SOs) and Intermediate Results (IRs):
SO 2.2, Legal Systems that Better Support
Implementation of Democratic Processes and Market Reform, has three
intermediate results (IRs): (1)
increased access to the administration of justice; (2) effective, transparent,
and fair public and private legal sector institutions; and (3) policies, laws,
and regulations promoting democratic processes and market reforms
established. The graphic below
demonstrates the relationships among IRs and the SO.
114-01-001 Section C
The ROL activity is one of two activities that the
Mission’s DG SOT manages. The DG Local
Governance SO 2.3, More Efficient and
Responsive Local Governance, has components related to civil society,
elections, regional and local governments and councils, independent media and
political party strengthening. The
Contractor should be sensitive to
linkages to SO 2.3, as well as linkages to other Mission strategic
program areas, such as economic restructuring -
particularly small and medium enterprise (SME)
development. A successful ROL activity
will capitalize on potential synergies in the Mission’s overall Strategy. Furthermore, the Contractor must be aware of
ABA/CEELI tasks, since both ROL implementing partners will work on the same
IRs.
While a range of substantive areas of law can be
addressed, the tasks should focus on administrative, criminal and
constitutional law. Tasks that comprise
components of the Four-Point Program on which the DG Office works, should
receive particular attention. For
instance, those tasks dealing with implementation of the Administrative Code.
B. Anticipated Results
The following represents the results
that the contractor is expected to achieve over the four year period of
performance of this contract. Given the
absence of baseline information, the specified results are subject to change. Upon completion of the baseline study the
contractor may propose different results to be achieved if it has been
demonstrated that the following results are unrealistic. The Contractor shall specify the specific
increase in percentage or number for the various results that the Contractor
will achieve over the life of the project.
IR 2.2.1:
An increased percentage of targeted
groups of citizens must be aware of select laws. The Contractor shall conduct and/or commission bi-annual surveys
conducted from a statistically representative sample of adult men and women
from each target group as defined by the Mission and Contractor. An increased percentage of aware citizens
provides a proxy measure of awareness of legal rights and the effectiveness of
the public awareness campaigns.
Organizations that provide legal
services established and/or strengthened that handle an increased percent or
number of cases. This result also
contributes to the SO result of an increased number or percent increase of the
number of illegally detained individuals released and the percent increase of
civil law decisions based on select laws enforced in accordance with
international practice. Information
collected by the SME business associations activity could provide additional
data.
IR 2.2.2:
Increased transparency and fairness in
the judicial system. The results of a
Bar poll and court monitoring could serve as indicators for this result. The annual focus group on the judiciary
conducted by the WB could also be used as an indicator. Monitoring court cases will also help provide
data for the SO result concerning the percent increase of civil court decisions
based on select laws enforced in accordance with international practices.
Increased transparency in targeted
executive branch organizations. This
will entail targeted executive branch organizations having systems in place to
log-in, track and respond to requests.
A percentage increase of responses by targeted executive branch
organizations, pursuant to the Freedom of Information section of the
Administrative Code could serve as an indicator.
Administrative processes and procedures
established in four government agencies.
IR 2.2.3:
New laws or amendments to laws passed
and implementing regulations promulgated, which comply with international
standards. This will be primarily a
qualitative decision made by western and Georgian legal experts who will focus
on those laws and regulations for which assistance has been provided. Compliance with the Council of Europe legal
requirements can help indicate the degree of compliance with international
standards, but the result is not based upon whether Georgia has harmonized its
laws with the European Union.
III. SCOPE OF WORK
The Mission recognizes that legal reform activities
usually have a long gestation period.
Furthermore, the rule of law requires, not only a solid legal framework,
but effective, transparent and fair legal sector institutions. Establishing and/or strengthening such
institutions constitutes a long-term activity.
Nevertheless, the Contractor is to identify those quick starts, which
will have the widest and most demonstrable impact for the average Georgian in
the shortest possible period of time and facilitate implementation of the laws.[1] The Contractor must also consider those tasks that
could be undertaken in the regions outside of Tbilisi. With the exception of those tasks dealing
with Parliament, several of the tasks listed below have such potential.
NOTE TO
OFFERORS: Tasks have been divided into mandatory and
non-mandatory/illustrative tasks.
Mandatory tasks have an asterisk (*) proceeding them and are couched in
mandatory terms; whereas non-mandatory, illustrative tasks are couched in
permissive terms. The first three tasks
listed below, *Task 2.2.1(1A), *Task
2.2.1 (1B), and *Task 2.2.2(2A), are mandatory tasks. The remainder are non-mandatory.
The Offeror is free to propose deleting non-mandatory tasks and/or
proposing new tasks. The decision to integrate non-mandatory tasks into the
proposed technical approach is entirely up to the Offeror. The Offeror’s decision to use all, some or
none of the non-mandatory tasks must result in an overall technical approach
that addresses the desired expectations and outcomes for this activity. Offerors are encouraged to develop an
approach that includes new tasks not mentioned in this SOW. The mandatory tasks are those which have the
greatest potential to support implementation and have the widest impact for the
Georgian public. The Offeror’s proposal must include a timeline for project
implementation.
A. Contractor Tasks
IR 2.2.1:
Increased Access to Administration of Justice
*Mandatory
Tasks:
*Task
2.2.1(1A): The Contractor shall
implement tasks that raise the public’s[2]
awareness of select laws. A greater
number of Georgians, particularly people living
outside the capital, must understand, use and have confidence in legal
mechanisms and institutions for the administration of justice. By developing the demand prong of the
equation, people will understand and benefit from legal reform and pressure
political elites to develop and/or sustain the political
will for reform.
This task has the potential to have a wide and demonstrable impact on
peoples’ lives. But, it will require a
delicate balance. If government
capacity to deliver the services demanded does not exist, this could lead to
even greater public cynicism and further retard implementation. This task seeks to address the problem of
public cynicism.
*Task
2.2.1(1B): The Contractor shall
provide assistance to counterpart organizations that provide legal services to
citizens on human rights issues. Indigent citizens should constitute the
primary clients. However, if a cutting
edge legal issue arises, the organization could provide services even if the
client is not indigent. Criteria should
be developed and used for selecting these organizations, many of which are
already operating, to ensure that impact reaches populations outside Tbilisi
and identifies the type of human rights cases that will be handled. [3] The
underlying assumption is that a rule of law society cannot exist without having
in place equitable access for legal recourse.
There is also a link in this IR to commercial law reform.
USAID/Georgia’s SME activity assists business associations to provide services
to their members. Task 2.2.1(1B) will
require close coordination with ABA/CEELI.
This task will address several of the key
constraints. Actually using and testing
reform laws will foster better implementation and change the current reality
where laws exist only on paper. Those
people who benefit from the legal services, which they would not have otherwise
received, will be far less cynical about legal reform. The attorneys who provide the services will
gain invaluable experience and expertise.
Tasks 2.2.1 (A) and (B) address the demand side of the equation.
IR 2.2.2: More Effective, Transparent, and Fair Public
and Private Legal Sector Institutions Established
This
IR seeks to develop and strengthen those legal institutions that are primarily
responsible for providing the legal infrastructure. These institutions, when functioning properly and efficiently,
form the foundation for a society based on the rule of law. This IR is particularly relevant to fighting
the constraints imposed by pervasive corruption. By going to the heart of the need to provide transparency and
accountability within the government, this IR will reduce opportunities for
corruption.
*Task 2.2.2 (2A): The Contractor shall work with
targeted government agencies to adopt administrative procedures and processes
consistent with the new Administrative Code.
These agencies will need to make administrative decisions in an open and transparent manner and provide
appropriate information to the public.
Criteria should be developed and used to select counterparts who have
the potential capacity and political will to support specialized activities
where technical assistance could be targeted.
This task will challenge and begin to change firmly
established attitudes about the role of government in the lives of citizens,
and the extent to which government should be accountable to society. This task recognizes that the executive
branch must embrace a correction to the imbalance of power between the
bureaucracy and the populace, which will require a public endorsement of
tough-minded reforms in the area of administrative law.
Illustrative/Non-mandatory
Tasks:
Task 2.2.2
(2B): Provide assistance to groups
with representatives from civil society and government, e.g. Civil
Service/Administrative Reform working group or the Administrative Code Advisory
Council, to facilitate a dialog on the purpose and function of administrative
law.
Involving stakeholders in administrative processes and
procedures will be facilitated by Tasks 2.2.2(2A) and (2B). If stakeholders have input in developing
implementing regulations that directly affect them, they will be more likely to
comply with the law, which thus leads to better implementation of law. Having this type of input will further
reduce public cynicism and increase the demand for the rule of law.
Task
2.2.2(2C): Establish a court
monitoring activity and a bar poll.
This task would foster greater transparency in the court system so as to
deter corruption and produce accurate information on what is actually happening
in the courts. In addition to deterring
corruption, this task will lead to better implementation of the law since
judges will strive to render decisions that comply with the law.
Task 2.2.2
(2D): Enhance the USAID funded,
internet legislative database and the information system with a local area
network (LAN) that was provided to select Parliamentary Committees to foster an
increase in knowledge of Georgian law.
The Contractor could build on these systems to cover all the Committees.
The Contractor would need to determine the least cost method of completing the
system and have specific approval from USAID before proceeding to develop a
procurement and installation plan.
Task 2.2.2 (2E): Establish a
mentoring/peer networking program in which Georgian judges and judges from
Central and Eastern Europe would have a forum to promote horizontal
cooperation. This task along with tasks
2.2.2 (2F) & (2G) address the constraint imposed by a lack of knowledge,
experience and expertise. Moreover, if
legal sector institutions and legal professionals implement the law better, the
public will be less cynical.
Task 2.2.2
(2F): Provide training, in
collaboration with a Georgian partner, for legal professionals. Legal professionals need to become more
knowledgeable on select substantive areas of law. The Contractor should take into consideration that the WB, EU and
Soros are providing significant judicial training assistance and not duplicate
such training. If training is
undertaken it is not expected to constitute a major activity.
Task
2.2.2 (2G): Support development of databases or
libraries, in courthouses and other venues, in order to help meet the demand
for current and accessible information by legal professionals.
Task 2.2.2
(2H): Provide assistance for the
enforcement of judgments. This would be one of the most difficult tasks and the
Contractor would face all the identified constraints, but it is also one of the
most important The WB is the lead donor
working in this area and any activities would require close cooperation with
the WB.
IR 2.2.3: Policies, Laws, and Regulations Promoting Democratic Processes
and Market Reform Established
Task
2.2.3 (3A): Provide technical assistance to select
parliamentary committees and possibly other counterpart organizations on key
pieces of draft legislation and selected amendments.
Task
2.2.3(3B): Assist targeted government agencies and other counterpart
organizations in promulgating select implementing regulations. This task is closely linked with Task 2.2.2(2A). Regulations and laws need to become more
implementation oriented, as opposed to aspirational, in order to help close the
gap between legality and reality. This
will entail addressing both the style and substance of the laws.
Task
2.2.3 (3C): Provide support to Georgian legal experts for the
preparation, publication and distribution of manuals and commentaries on laws
and regulations. This will help address
the constraint imposed by a lack of knowledge.
B. Program Management and Coordination
The Contractor will have ultimate responsibility for
managing all activities and for achieving the performance results in those
program activities. If sub-contractors
are used, the Contractor will oversee the activities of each sub-contractor
(which in turn will have its own component manager). Such coordination will ensure synergy and integration of the
activities and maximum impact. The
Contractor will develop a workplan that details implementation processes and
schedules, projected results, indicators, and costing variables.
The proposal must indicate a team
structure appropriate for project implementation. It should include detailed descriptions of each long-term
position and corresponding proposed candidates, with a comprehensive explanation
of each proposed team member’s qualifications.
As soon as possible, Georgian attorneys will assume the senior positions
in this activity and that the expat attorneys will phase out. In addition, the proposal shall describe a
scheme and individuals for short-term technical assistance.
All tasks must be implemented to the greatest extent
possible in partnership with Georgian counterparts. The proposal should include comprehensive provisions for such,
and make concrete suggestions for appropriate counterparts for specific
tasks. In regards to counterpart
organizations in the executive branch with the responsibility for implementing
targeted laws, the proposal shall provide criteria for selecting such
counterparts. The Contractor will
contract directly with local Georgian consultants and organizations, or arrange
for sub-contractors to do so.
The proposal must include a sustainability plan that
indicates which activities will be sustained, how the activities will be
sustained and the Georgian organizations that will ensure this
sustainability. It is critical that
issues of sustainability be addressed at the beginning of the activity and not
at close-out.
The proposal should suggest areas of review and
methodologies for the initial legal and institutional assessment. USAID anticipates that the Contractor would
conduct an assessment during project start-up, prior to development of a
workplan. Implementation of program
activities must take into account the following set of priorities.
1.
Geographic
Emphasis must be placed on implementing activities in
regions outside of Tbilisi, the capital city.
The Mission strategy is to decentralize its development activities as
soon as possible. Much of the work to
date on legal reform has naturally focused on the institutions and functions
based in Tbilisi. National-level
reforms will be at risk, and they cannot advance, without targeted assistance
to outlying regions. The Offeror should
propose criteria for selection of geographical regions as well as selection of
counterparts or stakeholders in the implementation of all activities.
2. Gender
All project activities must seek to incorporate gender
considerations. Cultural biases
continue to exist in Georgian political and professional life that negatively
impact women. The plan must assure that
gender equality is a priority in all aspects of implementation, including
selection of Georgian counterparts and development of programs that have the
potential to benefit women and men equally.
3.
Anti-corruption
The Contractor must ensure that anti-corruption
components are incorporated into all tasks and be aware that unanticipated
corruption issues may arise. The
Contractor will need to devise approaches to tackle such issues on an ad-hoc
basis, and must maintain a regular dialog with USAID about such concerns.
4.
Coordination
The Contractor must include provisions for assuring
that the linkages to other relevant counterpart, donor and partner programs are
firmly established. In particular, the
Contractor must ensure close coordination and cooperation with ABA/CEELI and
USDOJ. The Contractor must avoid
duplicating tasks performed by other organizations, but with Mission guidance
collaborate with these organizations.
II
SCHEDULE
The Offeror should provide a detailed
implementation plan with performance milestones for each year of the
contract. The performance milestones
will be mutually agreed to prior to the contract award, and shall be the basis
upon which the Contractor’s performance will be assessed. This activity shall run for four years, and
will commence immediately upon contract execution. The Contractor will prepare a workplan for approval by USAID that
will be completed within three months of project start-up. The workplan shall include a current baseline
study which will serve as the baseline for measuring progress made towards
objectives throughout the life of the contract.
IV.
REPORTS
All types of reports, described in
greater detail below, shall be written in English. Whenever applicable, all reports shall contain
gender-desegregated data. All reports
shall be submitted both in hard-form (paper) and electronically (on a diskette
saved as a Microsoft Office Version 97 file).
A copy of each report shall be submitted to the Cognizant Technical
Officer (CTO) and Contracting
Officer (CO) in USAID/Caucasus. One
copy of each Quarterly Report and the Final Report, shall be submitted to
USAID/PPC/CDIE/DI Development Experience Clearinghouse in Washington DC.
A. Quarterly Reports
The Contractor shall submit quarterly
progress reports to the CTO and CO on the first of February, May, August, and
November for each project year. These
reports shall describe progress made towards results and compare that progress
to planned milestones under the performance monitoring plan. In addition, these reports shall contain
program expenditures by contract line item.
B. Reports By Expatriate Short-Term Technical Assistance Providers
Unless otherwise agreed upon in writing by the CTO, the
Contractor shall submit within ten days after departure a report by that
expert/consultant. These reports shall
describe progress and observations made by the expert, identify significant
issues, and describe follow-on activities and plans for the Contractor and the
Georgian counterparts, and provide names and titles of all professional
assignment-related contacts.
C. Special Reports
The Contractor shall generate special
reports in the case of extraordinary, time-sensitive events that may need to be
brought to the CTO’s attention sooner than every quarter. Such special reports may be requested from
the Contractor by the CTO or may be produced by the Contractor exercising
his/her own discretion and judgement.
D. Financial Reports
The Contractor shall submit quarterly expenditure reports,
containing a summary page which reflects spending by line item for both the
quarter and the life of project, followed by a detailed breakdown of all
spending under each line item category.
The financial report shall show, by line item, the cumulative totals for
the previous report, the total for the quarter being reported upon, the new
cumulative total and the amount remaining to be expended for each line item and
for the contract as a whole. The
Contractor is solely responsible for not exceeding obligated amounts.
E. Final Report
The Contractor shall submit, within 60
days of the termination of this contract, a detailed final report which
includes but is not limited to: a financial report detailing how funds were
expended, by line item; a summary of the accomplishments and shortcomings of
the contract, referenced to the results listed in this contract; comments and
recommendations about future ROL activities; status of all Georgian
institutions with which the Contractor worked; a complete list of all host
country and international donor and financial institution contacts; and a
description of all institutions created and their expected future activities.
V. DELIVERABLES
The Contractor shall submit a workplan with a baseline study
(as described in section III) no later than three months after the commencement
of this contract
VI.
RELATIONSHIPS AND RESPONSIBILITIES
Technical direction will be provided by the CTO located at
USAID/Caucasus, Democracy and Governance Office, as designated by the CO. Guidance may also be issued by the Mission
Director or Deputy Director, but CTO approval must be received before
initiation of such activities.
USAID/Caucasus will provide letters of support for long-term advisors to
assist with visas or residence cards, and will provide country clearance for
all visitors. Other logistical
assistance will be the sole responsibility of the Contractor.