Personal Service Contractor (USPSC) – Senior Rule of Law Advisor

Ladies/Gentlemen: SOLICITATION NUMBER: 167-Pristina-PSC-FY10-01 ISSUED BY: Executive Office, USAID/Kosovo SUBJECT: Personal Service Contractor (USPSC) - Senior Rule of Law Advisor The United States Government, represented by the U.S. Agency for International Development (USAID), is seeking applications (Optional Form 612) from qualified individuals interested in providing USPSC services as described in the attached solicitation. Submittals shall be in accordance with the attached information at the place and time specified. Any questions regarding this solicitation may be directed to the Supervisory Executive Officer, Ms. Lorraine Sherman, or the Human Resources Specialist, Ms. Mimoza Këpuska, at USAID/Kosovo's Executive Office in Pristina by: phone: (++381)(38)243673, fax: (++381) (38) 249 493, email: [email protected] email: [email protected] Applicants should retain for their records copies of all enclosures which accompany their applications. All applications and the required documents should be submitted via fax or internet as email attachments or by DHL courier as follows: BY EMAIL TO: Lorraine Sherman, Supervisory Executive Officer: [email protected] Mimoza Këpuska, Human Resources Specialist: [email protected] , BY DHL, consign documents to: Address: Attention Mimoza Këpuska, Executive Office USAID/Pristina, Kosovo Arbëria I, Ismail Qemali Street, House No.1 Pristina, Kosovo Telephone 381 38 243 673 Sincerely, Lorraine Sherman Supervisory Executive Officer Please ensure that your application form is signed, otherwise it will not be taken into consideration. 1. SOLICITATION NUMBER: 167-Pristina-PSC-FY10-01 2. ISSUANCE DATE: April 19, 2010 3. CLOSING DATE/TIME SPECIFIED FOR RECEIPT OF APPLICATIONS: May 17, 2010 4. POSITION TITLE: Senior Rule of Law Advisor - USAID/Kosovo 5. MARKET VALUE: $ 99,628 - $ 129,517 per annum (GS 15 - equivalent) 6. PERIOD OF PERFORMANCE: June 2010 - June 2012 7. PLACE OF PERFORMANCE: Pristina, Kosovo 8. POSITION DESCRIPTION: A. Background For Kosovo to develop into a peaceful, prosperous and democratic nation, the rule of law must be established and respected. An effective, independent and accountable justice system that upholds the law, protects the rights of all of its citizens and prosecutes powerful and ordinary individuals equally is a characteristic of a democratic society. Furthermore, a reliable, efficient and fair justice system contributes to economic development by providing options to settle disputes, enforce obligations and protect commercial interests. While establishing the rule of law is an essential element for Kosovo's economic growth and democratic development, there are a number of challenges facing the justice system. Key legislation, such as the Law on Courts, must be adopted and implemented; new institutions such as the Kosovo Judicial Council and Ministry of Justice were established only a few years ago; the reappointment and vetting process for all the country's judges and prosecutors just started this year; Courts have significant backlog; and a parallel justice system operates in the Kosovo Serb majority area in the North. All of these issues contribute to citizens' poor perception of the justice system. Numerous factors contribute to these challenges to the justice system. Kosovo declared its independence on February 17, 2008. Sixty five countries, including the United States and most (though not all) of the European Union countries have since recognized Kosovo. As the world's newest country, Kosovo only recently assumed control and authority over its justice system from international actors. Furthermore, there was no tradition of judicial independence under the Yugoslav legal system, since judges were viewed as bureaucrats who carried out the Government's agenda. T he current legal system, which was inherited from the UN Interim Administration in Kosovo (UNMIK), consists of a mix of Yugoslav laws passed before March 28, 1989, non-discrimination laws approved after 1989, UNMIK regulations, and international human rights conventions. This intricate legal structure often leads to confusion on the part of judges, lawyers and government officials about which laws applies and supremacy of laws. Most of Kosovo's courthouses were designed as office buildings, which results in insufficient number of courtrooms, so the bulk of judicial proceedings are conducted behind closed office doors. Kosovo's independence is supervised by the international community under the Comprehensive Proposal for Status Settlement drafted by UN Special Envoy Marti Ahtisaari in March 2007 and accepted by the Government of Kosovo (GOK). This document (known informally as Ahtisaari), stipulates the basic framework for Kosovo's governance as a multi-ethnic society. It provides for an International Civilian Representative (ICR) who heads the International Civilian Office, and also serves as European Union Special Representative, to monitor compliance with the Ahtisaari requirements. The European Union Rule of Law Mission (EULEX) has assumed responsibilities formerly exercised by UNMIK for support for rule of law and policing. The European Commission Liaison Office (ECLO) provides assistance to the judiciary. UNMIK has significantly reduced its presence and is largely focused upon the Northern areas that border with Serbia. Similarly OSCE has reduced its presence in rule of law institutions. An International Judicial and Prosecutorial Commission (IJPC) was created as a temporary body, staffed by international and Kosovo experts working under the Kosovo Judicial Commission, to establish an independent and professional judiciary and prosecution service,. While the challenges are great and the issues are complex, t he timing is right for sustained engagement in and support for rule of law development. Kosovo's newly adopted Constitution gives independence and power to the judicial branch. This provides a solid foundation for strengthening judicial institutions and improving their ability to uphold and apply the law. Moreover, there are several pieces of pending legislation, such as the Law on Courts, which will lead to significant changes in the operations of the justice system. Finally, significant investments by USAID and other donors laid the framework for additional reform efforts. Throughout the past decade, USAID funded several justice sector reform programs to tackle some of these challenges. USAID projects focused on such issues as developing a strategy for administration of justice, creating an accounting system to enable the courts to collect fees, establishing a security system for the courts, and producing a transparent procurement system for the courts. These investments are now starting to show concrete results. The Kosovo Judicial Council (KJC) was created in April 2006 with the mandate to formulate policy, implement regulations for the courts, oversee the development of a fully functioning independent judiciary, and recommend to the President of Kosovo judicial candidates to fill vacancies in the various courts under its purview. With USAID assistance, KJC established systemic court performance measures, developed and implemented time standards for all Kosovo courts, standardized court fees and expenses system-wide and developed a judicial code of ethics. Furthermore, a host of other key institutions have been created in the last couple of years including the Ministry of Justice and the Kosovo Judicial Institute. Through a Model Court program, backlog reduction plans are being implemented, court staffs are participating in management and leadership training, court facilities are being modernized and customer service is improving. These are important steps in helping the rule of law firmly take root in Kosovo. USG assistance for support of the judicial system has taken a number of forms. Currently, USAID has funded the following activities: Kosovo Justice Support Program (JSP): The general purpose of the ongoing JSP is to further develop the rule of law in Kosovo by making contributions in the areas of: (1) building capacity for the Kosovo Judicial Council (KJC) to operate, effectively and efficiently ; (2) improving court administration; (3) improving ethics and professionalism of judges and court Staff; (4) ensuring minority access to and representation in the justice system by supporting the transformation of the court system to more effectively represent and serve the non-Albanian populations ; (5) developing the Ministry of Justice Legal Drafting and Policy Formulation/Guidance Skills ; and (6) establishing and supporting the organization and critical tools necessary to build an effective Public Prosecutors' Service . Legal Professional Development Initiative: is implemented by American Bar Association's Rule of Law Initiative. Currently, ABA/ROLI focuses on legal education and legal profession reform. It supports legal education through efforts such as a clinical legal education program, a 'praktikant' (legal internship) program, and ethics courses. It works closely with the Kosovo Chamber of Advocates and Judges' Association on codes of conduct and organizational development. ABA/ROLI also produces regular updates of legal system analyses, including a Judicial Reform Index & a Legal Profession Reform Index. Systems for Enforcing Agreements and Decisions ( SEAD): The overarching goal of this program is to improve the rule of law foundational structures that provide the basis for increased foreign and domestic economic investment and generally lead to an improved business-friendly environment. There are three objectives for this program: (1) support local institutions to improve the means and mechanisms for the enforcement of obligations and contracts; (2) support local institutions to improve the means and mechanisms for the enforcement of judgments; and (3) develop and implement an appropriate and effective alternative dispute resolution system. Business Enabling Environment Program (BEEP ): is a new program, managed under the Economic Growth Office, to support private sector development through improving the business environment in Kosovo. The main objectives of the program are: 1) improve rules and regulations; 2) lower trade barriers; 3) a more efficient financial sector and 4) more transparent tenders. Success in BEEP depends critically on improving the efficiency and independence of the court system which is currently tasked with resolving most commercial disputes. Similarly, reforms in the rules and regulations governing businesses can have a significant impact on the operations of the judicial system. Therefore this project will be managed in close coordination with SEAD and other ROL programs. Other USG Programs: The State Department's Public Diplomacy Office provides grants to NGOs to support demand, access, and responsiveness by the justice sector. The U.S. Department of Justice (through OPDAT and ICITAP) provides training to the prosecutor service, assistance to the Ministry of Internal Affairs, support to border police, and assistance to the Kosovo Police Service . It is also supporting the creation of community public safety forums. The USG also provides funding to staff and support EULEX and the IJPC. All ROL activities are coordinated in a Rule of Law Working Group chaired by the Deputy Chief of Mission. USAID works closely with the donor community and is a member of the ROL Working Group under the EU Member State Plus Coordinating Body. It works closely with ECLO as a member of the IJPC Steering Committee; with ICO and ECLO on legislation, and with the Swiss Development Corporation on the selection of notaries. STATEMENT OF WORK: 1. General: The Senior Rule of Law Advisor (SROLA) will serve as the focal point for all Rule of Law activities in USAID/Kosovo's portfolio. S/he will be responsible for: coordinating and integrating all USAID Rule of Law reform activities for ensuring that all Mission justice sector activities are coordinated with other U.S. government agencies; and for ensuring that the design and implementation of all USAID rule of law activities are fully coordinated with the relevant branches of the GOK, international organizations, and bilateral and multilateral donors active in Rule of Law assistance activities. 2. Major Duties and Responsibilities: The SROLA's major duties and responsibilities include: Program Management a) Day-to-day management of rule of law activities within the Mission DG portfolio, including determination of work priorities, making decisions on activity implementation matters, identifying and resolving ROL program issues, assuring that all activities are carried out in a technically sound and cost-effective manner, assigning responsibility for program management and implementation matters to subordinates, and assuring that activities are carried out in accordance with all applicable Mission and Agency directives and requirements. S/he may also be called upon, from time to time, to manage other activities in the DG portfolio either as an activity manager or the Contract Officer's Technical Representative (COTR) for contract-related matters. b) Monitoring program progress and results, and preparing reports as required for regular or special Mission reporting. c) Planning, implementing, participating in, commenting upon, or preparing mission views on evaluations, assessments or audits of mission rule of law activities. d) Planning and developing new program or activity initiatives in the rule of law area. Strategy Development a) Providing analysis, advice, and recommendations to senior Mission management and staff regarding the formulation of mission strategy for assistance for legal system development and on the management and implementation of rule of law activities in the Mission's portfolio. b) Participating, as required, in the development of Mission strategic plans, performance monitoring plans, budgets and proposals for funding as well as reporting documentation. c) Determining what additional analyses, assessments, or reviews are required for the development of Mission strategy or activities in the area of legal system development; designing and overseeing the implementation of such analyses or assessments; and following-up as necessary. Coordination, Technical Advice, and Policy Dialogue a) Participating in, coordinating, or managing USAID inputs into legal sector assessments conducted in conjunction with host government institutions, other USG agencies, international organizations, and other donors. b) Maintaining close contact, providing technical advice, and engaging in policy dialogue as appropriate with staff and senior representatives of host government institutions, international organizations and missions (particularly ICO, ECLO, and EULEX), the Kosovo legal community (including judges, prosecutors, lawyers, and legal professional associations), non-governmental organizations, and foreign donors active in providing assistance for legal system strengthening, USAID rule of law assistance providers, and other U.S. Government agencies involved in rule of law activities c) Representing USAID on the Embassy Rule of Law Working Group. d) Organizing and attending donor coordination meetings relating to the legal sector. General Management a) Continuously gathering information about, and keeping current on, developments concerning developments affecting the rule of law in Kosovo especially as they relate to future status and reporting such developments as required to Mission management and staff. b) Ability to work within the USAID Mission, in line with Agency regulations and procedures to rapidly shift resources in response to changed circumstances/needs and requirements of sector transition. c) Supervising the work of two Foreign Service National (FSN) Rule of Law Advisors/Program Assistants serving as COTRs for program activities, to support the SROLA in carrying out the tasks described above. d) Identifying opportunities for publicity of USAID rule of law activities, and coordinating press release or other information with the Mission Development Outreach and Communication Officer (DOC). e) Serve as Acting Chief of the Democracy and Governance Office, as needed. f) Carrying out such other tasks related to Mission rule of law programming and other DG activities as may be assigned from time-to-time by the DG Office Director. The SROLA will handle all assigned work either independently or as part of the teams identified above, according to established Mission policies, practices and programmatic guidance, and in accordance with all applicable USAID regulations and guidance as provided in the USAID ADS and elsewhere. The SROLA is expected to make independent judgments that can be defended as necessary. As a highly qualified professional, substantial reliance will be placed on the SROLA to independently plan and carry out the specific activities entailed in fulfilling major duties and responsibilities. The employee will resolve problems that arise by determining the approaches to be taken and methodologies to be used; developing, coordinating, and clearing proposed solutions with all necessary parties; and then taking appropriate actions necessary to resolve the problem. Travel within and outside of Kosovo will be required. 3. Reporting Requirements The SROLA will be required to prepare and provide reports as required to effectively carry out the duties and responsibilities described above. The SROLA will also provide, orally or in writing, such reports on work progress as may be required from time-to-time by the Democracy and Governance (DG) Office Director or senior mission management. The SROLA may also be required to submit a work plan covering all or part of the contract period for review and approval of the DG Office Director and Deputy Mission Director. The SROLA will also submit a trip report on all travel performed outside of Kosovo during the contract period. 4. Supervision and Relationships The SROLA will work under the direct supervision of the USAID/Kosovo Democracy and Governance (DG) Office Director, or, in his/her absence, of the acting DG Director or Deputy Director. All work will be carried out under the general guidance and direction of the Mission Director and Deputy Mission Director, USAID/Kosovo. The SROLA will supervise and work closely with up to two FSN Rule of Law COTRs/Project Management Specialists, and may assign technical and administrative tasks to the FSN staff. The SROLA will maintain contact and interact technically and professionally in a highly collaborative manner with a wide range of parties, including high level officials in the ICO, ECLO, EULEX, other international organizations, and the GOK. Specific contacts include: the Deputy Prime Minister; the Minister of Justice; the members and staff of the KJC and the IJPC; the Justice and Legislative Committee of the Kosovo Assembly; judges of the Supreme Court and other courts; public prosecutors; the Chamber of Advocates (Bar Association); Judges' Association, and Prosecutors' Association; other key Kosovo legal experts; program managers performing or managing legal work in Kosovo under USAID-funded assistance programs; and legal experts provided under assistance programs sponsored by non-governmental organizations and foreign government donors. The SROLA will also be required to collaborate with senior officials of the Department of State, including representatives from the Political-Economic Office, Public Diplomacy Office and INL; and to work closely and collaboratively with representatives of the U.S. Department of Justice and legal advisors and experts provided by other U.S. Government agencies, such as the Department of Justice's Office of Prosecutorial Development and Training (OPDAT) and the International Criminal Investigative Training Assistance Program ( ICITAP). The SROLA will also closely coordinate with the Mission's Economic Growth Office on all matters relating to commercial law development or which may otherwise affect development activities in the Economic Growth portfolio. B. Length of contract: 2 years, with the option for Renewal (Mutually agreed to by USAID and selected applicant) up to five years. C. Evaluation Criteria for Competitive Procurement Qualifications include: 1. Education (15 points) The following educational and work experience are desired (or where indicated, required) to qualify for this position: (a) An advanced degree in law from an ABA-accredited law school (preferred) or graduate level degree in political science, economics, public administration or related field from a United States or a European University is required. 2. Work Experience (35 points) (a) Admission to, and a member in good standing of, the bar of a state in the United States or of a foreign country is highly desired. (b) A minimum of 10 years of progressively more responsible legal work experience, such as work as a judge, prosecutor, public defender, government legal adviser, attorney in private practice, law faculty member, law clerk, court administrator, legal training or legal technical assistance provider, or a combination of the above. (c) A minimum of 5 years experience working in the area of judicial and legal reform and rule of law programs in foreign countries, preferably in developing or transitional countries. (d) Experience operating in a highly collegial and collaborative working relationships, requiring close consultation and coordination. Experience working in multi-lateral development programs, and particularly with legal professionals and technical experts from other countries, including high level court and government officials and representatives of international organizations, is desirable. 3. Knowledge, Skills, and Abilities (30 points) (a) Knowledge of court system development, court administration, case management, and/or judge/prosecutor/defense counsel training is highly desirable. (b) Knowledge of civil law and civil law systems. Experience in implementing rule of law/judicial system reform programs in countries in Eastern Europe or the former Soviet Union is highly desirable. (c) Must be knowledgeable of and able to effectively use word processing and data management systems and applications, including Microsoft Windows, Word, Excel, Power Point, the Internet, and e-mail applications. 4. Language and Communication Skills (20 points) (a) Fluent English speaking, reading, and writing proficiency is required. The candidate must have excellent oral and written communication skills. (b) Knowledge of Albanian or Serbian would be an asset. LENGTH OF CONTRACT The Personal Services Contract will be for 24 months with possible extensions up to a total of five years, subject to program needs and availability of funds and provided that performance has been satisfactory. LOGISTICAL SUPPORT Assignments of U.S. personnel to Kosovo may be accompanied: Spouses and dependents over 21 years of age are authorized to travel to and/or reside at post. Children under five years of age may also travel to and/or reside at post. While all dependent children may travel to post, those from age 5 to 20 may not reside at post. Current post danger pay for Pristina is 15%. Current post differential pay is 20% and cost of living allowance is 5 %. Please note that all allowances are subject to change. FICA and federal income tax will be withheld by USAID. In addition, employees will be authorized the standard household effects (HHE) limited shipment allowance for furnished post (7, 200lb), standard airfreight (250 lb. for the employee; 200 lb. for an accompanying spouse or other EFM) and shipment of POV. USAID/Kosovo will provide the contractor with suitable housing and office space and equipment, consistent with mission standards and requirements. The Contractor will have post privileges, such as check cashing, medical care, and in-coming and out-going personal mail service in accordance with USEP rules and regulations. PERIOD OF SERVICE The target start date for this position is June 2010. Within 15 days after written notice from the Contracting Officer that all clearances have been received or, unless another date is specified by the Contracting Officer in writing, the Contractor shall proceed to Pristina to perform the above services. 9. OTHER REQUIREMENTS: This position is opened to U.S. Citizens only. The selected candidate must obtain a security clearance (Secret) and all required medical clearances. 10. BENEFITS: AS A MATTER OF POLICY, AND AS APPROPRIATE, A PSC IS NORMALLY AUTHORIZED THE FOLLOWING BENEFITS: 10-1. BENEFITS Employee's FICA Contribution toward Health & Life Insurance Pay Comparability Adjustment Annual Increase Eligibility for Worker's Compensation Annual & Sick Leave Access to medical facilities Pouch mail service as per post policy 10-2. ALLOWANCES (if Applicable). * (A) Temporary Lodging Allowance (Section 120) (B) Living Quarters Allowance (Section 130) (C) Post Allowance (Section 220) (D) Supplemental Post Allowance (Section 230) (E) Separate Maintenance Allowance (Section 260) (F) Education Allowance (Section 270) (G) Education Travel (Section 280) (H) Post Differential (Chapter 500) (I) Payments during Evacuation/Authorized Departure (Section 600) (J) Danger Pay (Section 650) * Standardized Regulations (Government Civilians Foreign Areas). C. FEDERAL TAXES: PSCs are not exempt from payment of Federal Income taxes under the foreign earned income exclusion. 11. APPLYING Qualified individuals are requested to submit a U.S. Government Optional Form 612. This form is available at the USAID website, http://www.info.usaid.gov/procurement_bus_opp/procurement/forms or http://fillform.gsa.gov , or at local US Federal offices. OF 612 shall be submitted by fax, e-mail, DHL air courier by the closing date. To ensure consideration of applications for the intended position, please reference the solicitation number on your application, and as the subject line in any cover letter. 12. CONTRACT INFORMATION BULLETINS (CIBs and AAPDs) PERTAINING TO PSCs AAPD 10-01 Personal Services Contracts - Changes in USG reimbursement amount for health insurance and physical examination costs (2010) AAPD 06-12 Homeland Security Presidential Directive-12 (HSPD-12) Implementation (2006) AAPD 06-11 Home Leave and Revised General Provision 5, Leave and Holidays (August 2006) AAPD 06-10 PSC Updated Medical Expense Payment Responsibility (October 2006) AAPD 06-07 AIDAR, Appendix D: Contract budget, salary determination and salary increase AAPD 06-03 Updated Contractor Salary Approval Threshold Policy/Procedures AAPD 06-01 Medical Evacuation Update AAPD 05-10 Calculation of Vacation Leave for U.S. Personal Services Contractor's (USPSC) AAPD 05-08 Personal Service Contracts (PSCs) Annual Health Insurance Costs AAPD 05-02 Clarification of Policy for Personal Services Contracts with Anticipated Contract Performance periods Exceeding Five (5) Years AAPD 04-15 Cash Awards for USPSCs and TCNPSCs CIB 01-07 Clarification of the Extension/Renewal Policy Regarding Personal Services Contracts CIB 01-10 Revision of Medical Clearance Process - Personal Services Contracts ("PSC") with U.S. Citizens CIB 00-08 Revision of Competitive Process - Personal Services Services Contracts ("PSCs") with U.S. Citizen CIB 00-3 FICA & Medicare Tax Rates for Personal Services Contracts (PSCs) CIB 99-7 Contractual Coverage for Medical Evacuation (MEDEVAC) Services CIB 98-25 Defense Base Act (DBA) Coverage and DBA Waiver List CIB 98-24 Use of Compensatory (Comp) Time by PSCs CIB 98-23 Guidance Regarding Classified Contract Security and Contractor Personnel Security Requirements CIB 98-16 Annual Salary Increase for USPSCs CIB 98-14 Change in Required Application Form for USPSCs CIB 97-16 Class Justification for Use of Other Than Full & Open Competition for Personal Services Contracts with U.S. Citizens Contracted with Locally with CCNs and TCNs Subject to the Local Compensation Plan, and for Overseas Contracts of $250,000 or Less CIB 97-3 New USAID Contractor Employee Physical Examination CIB 96-23 Unauthorized Provision in Personal Services Contract CIB 96-19 U. S. Personal Services Contract (USPSC) - Leave CIB 96-8 Determining a Market Value for PSCs Hired Under Appendix D, Handbook 14 CIB 94-9 Sunday Pay for U.S. Personal Services Contractors (PSCs) CIB 93-17 Financial Disclosure Requirements Under a Personal Services Contract (PSC) 13. LIST OF REQUIRED FORMS FOR PSCs For initial consideration: 1. Optional Form 612. Resume or CV may be attached. Upon advice by the Contracting Officer that the applicant is successful the following forms will be needed: 2. Contractor Employee Biographical Data Sheet (AID 1420-17) 3. Contractor Physical Examination ( Form DS 1843) 4. Questionnaire for Sensitive Positions (for National Security) (SF-86) 5. Finger Print Card (FD-258). ** (Available from the law enforcement offices or in USAID/Washington). * Standardized Regulations (Government Civilians Foreign Areas). ** Forms 2 through 5 shall be completed only upon the advice of the Contracting Officer that an applicant is the successful candidate for the job. SUBJECT TO FUNDS AVAILABILITY