A. STATEMENT OF WORK
Rule of law (ROL) has emerged as a central challenge facing Pakistan’s democratic development. In the past, the public lacked confidence in the justice system and this undennined Pakistan’s ROL and contributed to rising violence, including crime, terrorism and human rights abuses - as demonstrated in Swat. Many legal experts and much of the public regarded Pakistan’s judicial system as weak, poorly administered, under-funded, insufficiently transparent, low in morale and burdened by exceedingly slow court proceedings. When people mistrust the justice system, the more likely they will look toward alternatives, such as strict versions ofIslamic law or taking the law into their own hands. With the reseating of Chief Justice (CJ) lfikhar Chaudhry and other judges and the publication of the National Judicial Policy (NJP) this situation is changing.
As one component of defeating AI Qaeda and its allies, the USG through the United States Agency for
International Development (USAlD) Pakistan Mission will support improved court administration/case
management so as to reduce court case backlog and delay. USAlDlPakistan will conduct an assessment to identify the major obstacles to judicial efficiency. This will entail examing court administration/case
management processes and procedures and human resource capacity. The Contractor must be sensitive to the situation and opportunities in Pakistan and balance the need to consider international best practices with a unique country/regional specific approach. The assessment will examine the judiciary in the four major provinces - North West Frontier Province (N\VFP), Balochistan, Punjab and Sindh. The assessment will entail questionnaires, focus groups and interviews.
The need and demand for significant ROL assistance was first borne out by an assessment undertaken by a team from the USAID Office of Democracy of Governance (USAIDIDCHNDG) and Management Systems International during the spring of 2008 and by further counterpart consultations conducted during 2008 and 2009. Key stakeholders responded that such an intervention is welcome and needed.
The Pakistani Judiciary has strongly and articulately enunciated the critical need for judicial refonn initiatives with the publication of the National Judicial Policy (NJP) in June 2009. The National Judicial Policy Making Committee (NJPMC) (comprised of the Chief Justice of the Supreme Court of Pakistan, the Chief Justices of the Provincial High Courts and the Federal Shari’a Court) issued the NJP. The NJP identifies the following priority areas:
I. Expeditious disposal of cases
2. Misconduct and eradication of corruption
3. Independence of the judiciary
Ofthese problem areas, CJ Chaudhry has emphasized the expeditious disposal of cases. In the NJP’s
introductory section, he states:
They (the people of Pakistan) have very high expectations of the courts to settle their disputes, restore
their rights/entitlements and maintain peace in society by sending the guilty behind bars. r thank: the
people for believing on us! We must strive to meet their expectations. This is the time to repay our debt
to the nation. We could do so by addressing the perennial twin-problems of “backlog” and “delays” in
the system ofjustice. To achieve the objective, we need to fonnulate a new judicial policy. 1had asked
the Secretariat of the NJPMC to prepare a framework of action for clearing the backlog and expeditious
disposal of cases.
The NIP includes an extensive discussion of expeditious disposal of cases and provides ambitious targets. The Law and Justice Commission of Pakistan recently published a report on the NJP’s implementation and while noting progress recognized that many of the targets for reducing case backlog/delay have not been met.
Pakistani judicial reform policy priorities comport well with the United States Civilian Assistance Strategy for Pakistan. The Strategy states that “USG assistance will help the Pakistani court system improve case
management and tracking in order to help deliver speedier resolution of cases for average citizens.” In addition the KerrylLugarlBerman legislation indicates that assistance is:
To support Pakistan’s efforts to expand rule aflaw, build the capacity, transparency, and trust in
government institutions and promote internationally recognized human rights, including assistance such
as … support for independent, efficient, and effective judicial and criminal justice systems, such as case
management, training, and efforts to enhance the rule of law to all areas of Pakistan.
The USAlDlPakistan Mission previously issued a request for proposals (RFP) known as Strengthening Justice with Pakistan (SIP). This procurement was withdrawn from competition. The SIP had a very broad statement of work (SOW) and touched on many facets ofjudicial reform. USAlD now contemplates a much narrower activity that addresses court administration/case management with a focus on reducing court case backlog/delay. USAIDfPakistan may issue several smaller solicit’ations in the future to address possible judicial reform initiatives; such as: 1) technical assistance for court administration/case management, 2) information technology equipment and electronic case management systems, 3) court house infrastructure rehabilitation and commodities, and 4) ROL civil society components, especially as it concerns gender issues. This assessment will help infonn possible new ROL activities.
While these will be new activities for USAID, a foundation exists on which to build. The Asian Development Bank (ADB) concluded a $350 million project, known as the Access to Justice Project (AIP) to upgrade the Pakistani judicial system. The bulk of the loan went for infrastructure upgrades and equipment purchases while approximately $20 million went for technical assistance (TA). Another $24 million established an endowment for small grant funding. The ADB/AJP effected policy change owing to its loan conditions, but progress on implementation of many of these policies remains unfulfilled. The ADS/AIP, however, did create openings to move forward with the next stage ofROL development. USAID expects to build on the ADB/AJP efforts, benefit from the lessons learned and focus on implementation (for relevant ADBIAJP projects documents see http://www.adb. org/Projects!proiect.asp?id=32023 ).
I. Technical ApproachlDesign (20 points)
• Extent to which the proposal evidences a clear understanding of the requirements identified in this
SOW, is well-conceived, technically sound and ambitious yet feasible to achieve the objectives of the
• Extent to which the proposal presents a clear, logical and specific approach and methodology that
provides convincing evidence of the offeror’s understanding of purpose of the assessment.
2. Proposed Personnel & Capacity (70 points)
• Extent to which proposed experts demonstrate the knowledge, capability and experience as outlined in
the minimum requirements for each team member. Experience of key staff with activities requiring
similar responsibilities, professional skills and expertise. Offerors must submit resumes for personnel
• Demonstrated past perfonnance and experience in carrying out similar studies, assessments and/or
• Appropriateness of the composition and organizational structure of the assessment team, including the
extent to which the proposed structure is adequate to implement the assessment and has an appropriate
compliment of technical and administrative support staff to effectively manage the activities.
3. Cost (10 points)
• Cost effectiveness and reasonableness.
Applications will be evaluated in accordance with the selection criteria identified above. USAlD reserves the
right to determine the resulting level of funding for any purchase order made under this program.
The above is a summarized version of the original procurement notice.
This is an Alternative Link of the Original Procurement Notice.