Ladies/Gentlemen: SOLICITATION NUMBER: 167-Pristina-PSC-FY05-01 ISSUED BY: Executive Office, USAID/Kosovo SUBJECT: Personal Service Contractor (USPSC)-Rule of Law Advisor The United States Government, represented by the U.S. Agency for International Development (USAID),is seeking applications (Standard Form 171 or Optional Form 612) from qualified individuals interested in providing PSC services as described in the attached solicitation. Submittals shall be in accordance with the attached information at the place and time specified. Any questions on this solicitation may be directed to Executive Officer, John Liebner at the Executive Office of USAID/Kosovo in Pristina, who may be reached by phone:(++381)(38)243673, fax:(++381) (38) 249 493, 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, internet as email attachments, or by DHL courier as follows: BY EMAIL TO: Mimoza Kepuska, Human Resources Assistant:
[email protected], BY DHL, consign documents to: Address: Attention Mimoza Këpuska, Executive Office USAID/Pristina, Kosovo Arberia I, Ismail Qemajli, No.1 Pristina, Kosovo Telephone 381 38 243 673 Sincerely, Signed John Liebner 1. SOLICITATION NUMBER: 167-Pristina-PSC-FY05-01 2. ISSUANCE DATE: August 18, 2005 3. CLOSING DATE/TIME SPECIFIED FOR RECEIPT OF APPLICATIONS: September 8, 2005 4. POSITION TITLE: Rule of Law Advisor – USAID/Kosovo 5. MARKET VALUE: $ 76,193.00 - $ 99,053.00 per annum (GS 14 – equivalent) 6. PERIOD OF PERFORMANCE: October 2005 – October 2007 7. PLACE OF PERFORMANCE: Pristina, Kosovo 8. POSITION DESCRIPTION: A. Basic Function of the position: The framework for the rule of law in Kosovo has been disrupted since 1989 when the Serb-dominated government of the Federal Republic of Yugoslavia took a series of actions to systematically exclude the ethnic Albanian majority from participation in the legal system and pursued a campaign of ethnic cleansing. At the end of the conflict in 1999, the remains of the judicial system and the rule of law such as it existed in Kosovo collapsed, as the largely Serb judiciary and police fled, legal documentation was destroyed, and physical infrastructure was damaged. The end of the conflict saw the emergence of an international consensus, codified in UN Security Council Resolution 1244, for a UN-led administration for Kosovo. KFOR, an international force organized through NATO, provides peacekeeping. An international police force (CIVPOL) is also operative, though a new local force (KPS) has assumed much of the responsibility for law enforcement. Other leading players participating in the establishment of a new civil administration include the Organization for Security and Cooperation in Europe (OSCE), which is responsible under the UN umbrella for democratization and institution-building (including judicial system development); the European Union; and a host of bilateral donors including the United States. During years since 1999, United Nations Interim Administration in Kosovo (UNMIK) has set in place the basic legal and administrative framework for a new judicial system in Kosovo, and begun to turn over governance authority to Kosovo's Provisional Institutions of Self-Government (PISG), which include the Assembly, the President, the Government, the Courts, and certain other institutions. However, five years into these arrangements, authority over the justice sector remains fragmented, with UNMIK retaining substantial authority. Justice sector entities include the Department of Justice (DOJ - responsible for international judges and prosecutors, justice sector policy, and other issues), the Department of Judicial Administration (DJA - a part of the Ministry of Public Services responsible for administrative support to courts and prosecutors, and the bar exam), the Kosovo Judicial and Prosecutorial Council (KJPC - responsible for recommending appointment, discipline, and removal of judges and prosecutors), and a variety of OSCE-supported institutions (e.g., the Kosovo Judicial Institute, the Criminal Defense Resource Centre, the Kosovo Law Centre, and the Ombudsperson). Other relevant organizations include the Chamber of Advocates (bar association), the Judges' Association, the Prosecutors' Association, and the Jurists' Association. Much of this is expected to change with the approval of a plan for UNMIK to transfer its authority over the justice and security sectors beginning in late 2005. Support for the development of rule of law and an independent and effective judiciary is a key element of accomplishing USAID’s strategic objectives in Kosovo, including accountable and transparent governance (SO. 2.1), and establishment of an institutional framework for economic growth and expansion (SO 1.3). U.S. assistance for support of the judicial system has taken a number of forms. In the post-conflict period, USAID has funded the following activities: 1) the American Bar Association’s Central and East European Law Initiative (ABA/CEELI) has supported immediate legal training requirements, the formation and development of the Judges’ and bar associations, legislative analysis and drafting. 2) The US National Center for State Courts (NCSC) and DPK Consulting have developed improved systems for court administration in fields such as personnel, accounting, procurement, and budgeting, and are currently providing further support for implementing the systems. 3) The International Development Law Institute (IDLI) has begun assessing the practical skills training needs of judges and prosecutors, in preparation for a year long training program in conjunction with the Kosovo Judicial Institute. 4) Partners for Democratic Change International (PDCI) have developed a mediation center and training program. 5) USAID’s institutional contractor in support of economic restructuring has provided extensive support for the modernization of economic and commercial law, and will continue to do so. With the continued assistance of ABA/CEELI and NCSC, USAID is two years into the implementation of a five year ambitious rule of law program focused on: development of a long term justice system strategy with Kosovar and UNMIK input, continuing to increase court effectiveness, establishing functional disciplinary systems for legal professionals, and building public awareness of legal rights and responsibilities. The State Department’s Bureau for Democracy, Human Rights and Labor (DRL) has provided basic commodities for the courts system - primarily vehicles, generators, and computers. The U.S. Department of Justice has placed a number of legal advisor in the U.S. Office Pristina (USOP), working primarily on criminal law and training of prosecutors. STATEMENT OF WORK: General: The Rule of Law Advisor (ROLA) will serve as the principal advisor to USAID/Kosovo on all issues and programs pertaining to legal sector reform and development. The ROLA will be responsible for coordinating and integrating all USAID law reform, legislative and development activities within the Mission portfolio; for ensuring that all Mission legal activities are coordinated with, complementary to, and supportive of the legal assistance activities of 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 Kosovar PISG, international organizations and bilateral donors active in legal assistance activities. The ROLA will serve as the Mission’s principal technical resource on legal system reform and development and as the Mission’s primary point of contact on matters relating to rule of law programming. The RLA will also be the Mission’s principal day-to-day liaison with other U.S. Government agencies and international organizations and foreign donors engaged in providing assistance for legal system development. Major Duties and Responsibilities: The ROLA'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. He/she may also be called upon, from time to time, to manage other activities in the DG portfolio either as an activity manager or the Cognizant Technical Officer 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, 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 UNMIK and OSCE), the Kosovar 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) Organizing and attending donor coordination meetings. General Management a) Continuously gathering information about, and keeping current on, developments in the legal sector in Kosovo especially as they related to future status and reporting such developments as required to Mission management and staff. b) Ability to rapidly shift resources in response to changed circumstances/needs and requirements of sector transition. c) Supervising the work of up to three Foreign Service National (FSN) Rule of Law Advisors/Program Assistants serving as Cognizant Technical Officers for program activities, who will assist the ROLA 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 Information Officer. e) 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 ROLA 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 ROLA is expected to make independent judgments that can be defended as necessary. As a highly qualified professional, substantial reliance will be placed on the ROLA 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. Reporting Requirements The ROLA will be required to prepare and provide reports as required to effectively carry out the duties and responsibilities described above. The ROLA will also provide, orally or in writing, such reports on work progress as may be required from time-to-time by the DG Office Director or senior mission management. The contractor 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 ROLA will also submit a trip report on all travel performed outside of Kosovo during the contract period. Supervision and Relationships The ROLA 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 ROLA will supervise and work closely with up to three FSN Rule of Law Advisor/Program Assistants, and may assign administrative tasks to the FSN staff. The ROLA 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 UN Interim Administration for Kosovo (UNMIK), OSCE, other international organizations, and the Provisional Institutions of Self-Government. Specific contacts include: the Director of the DOJ (UNMIK Police and Justice Pillar); the Director of the DJA (currently part of the Ministry of Public Services); the Ombudsperson; judges of the Supreme Court and other courts; public prosecutors; the Chamber of Advocates (Bar Association), Judges’ Association, and Prosecutors' Association; other key Kosovar legal experts; legal experts, rule of law specialists, and 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 ROLA will also be required to interact with senior officials of the Department of State, including representatives from State/DRL and INL; and to work closely and collaboratively with officials of the U.S. Office Pristina (USOP), the U.S. Department of Justice Regional Legal Advisor/Pristina, 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). The ROLA will also closely coordinate with the Mission’s Economic Growth Office (EGO) on all matters relating to commercial law development or which may otherwise affect development activities in the EGO portfolio. B. Length of contract: 2 years, with the option for Renewal (Mutually agreed to by USAID and selected applicant). C. Evaluation Criteria for Competitive Procurement Desired qualifications include: Education and Prior Work Experience The following educational and work experience are required to qualify for this position: (a) A degree in law from an ABA-accredited law school or graduate level degree in any other discipline from United States or a European University. (b) Admission to, and a member in good standing of, the bar of a state in the United States or of a foreign country. (c) A minimum of 2-5 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 foregoing. Experience in court system development, court administration, case management, and/or judge/prosecutor/defense counsel training is highly desirable. (d) A minimum of 2 years experience working in the area of judicial and legal reform and rule of law programs in foreign countries, preferably in developing countries. (e) 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. (f) 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. Language and Communication Skills. Fluent English speaking, reading, and writing proficiency is required. The candidate must have excellent oral and written communication skills. Knowledge of Albanian or Serbian would be an asset. Special Skills. Must be knowledgeable of and able to effectively use word processing and data management systems and applications, including Microsoft Windows, Word, Excel, Internet, and e-mail D. Logistical Support Assignments of U.S. personnel to Kosovo are accompanied. Spouses and dependents over 21 years of age are authorized to accompany the contractor to post. Current post danger pay for Pristina is 20%. Current post differential pay is 25% and cost of living allowance is 10%. Please note that all allowances are subject to change. FICA and federal income tax will be withheld by USAID. 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 USOP rules and regulations. E. Period of Service The target start date for this position is October 2005. Within 3 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. The Contractor’s period of service is expected to be two years, with the option for renewal (mutually agreed to by USAID and selected applicant). 9. OTHER REQUIREMENTS: Applicants who apply for this position must obtain USAID security clearance and medical clearance. 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)