Request for Full Grant Applications (RFA) # 03-

FAIR-07-2012

NationalSchool of Judges of Ukraine institutional development support:developing of initial and ongoing trainings curricula

Issuance Date: July 03, 2012

Dear Applicant:

You are invited to contribute supporting the institutional development of the National School of Judges of Ukraine by developing initial and ongoing trainings curricula (hereinafter referred to as the “Grant Program”) to the terms of references contained herein. The grants will be awarded and implemented in accordance with USAID and US Government regulations governing grants under contract and USAID Fair, Accountable, Independent, and Responsible Judiciary Program in Ukraine (FAIR)’s internal grant management policies.

  1. OBJECTIVE

FAIR is going to award grant to Ukrainian NGOs to develop initial and ongoing trainings curricula for the National School of Judges of Ukraine (NSJ). The objectives of the grant activity are: 1)to develop an initial and ongoing training curricula based on training on rule of law and human rights, with practical emphasis on the European Convention on Human Rights and Fundamental Freedoms and the case-law of the European Court of Human Rights;2)improvement of training programs on judicial proceedings and opinion writing as well as training on judicial ethics to strengthen the professionalism and effectiveness of the Ukrainian judiciary.

The FAIR project will select a Ukrainian Non-Government Organization (NGO) within this competition.

The Grant Program has the following detailed objectives: to review the existing curricula on judicial opinion writing and on judicial ethics, provided to the NSJ in frame of UROL, FAIR and Twinning Project support and define thescope of necessary changes to be incorporated.

Following results of the review, the selected NGO may be required to develop new and/or update the existing curricula for initial and ongoing trainings for judges (1)on rule of law and human rights, with practical emphasis on the European Convention on Human Rights and Fundamental Freedoms on the case-law of the European Court of Human Rights; (2) training on judicial proceedings and opinion writing; (3) training on Judicial ethics.

The selected NGO will cooperatewith the NSJ leadership and staff and the High Qualification Commission of Judges of Ukraine (HQC) to complete the required work. After the completion of all the above steps, the NGO shall test the respective curricula through providing training of trainers (ToT) for selected trainees (judges and/or trainers and faculty members of the NSJ among others) to form a cadre of trainers being prepared to teach for their colleagues.

The applicant shall then identify and prepare experts to deliver the ToT and develop a training module and schedule to launch each training.

Once the training schedule has been prepared and approved by the NSJ and FAIR the applicant shall make all necessary arrangements for the training coordinating activities through an authorized representative assigned by the NSJ& FAIR.

Applicant will be responsible to provide NSJ with technicalsupport and expertise for activities in the selection process for potential participants (first-time or life appointment judges), assist with quality control evaluation both for teaching and learning requirements and provide logistic support for the trainings.

The applicant should include costs resulting from the training for participants and trainers in the proposed budget (e.g., lodging, transportation and organizational costs). It is expected that the duration of ToT will be no more than 3 days and of a final one day roundtable.

  1. PROGRAM DESCRIPTION

A. BACKGROUND

The FAIR Program is designed to support legislative, regulatory and institutional reform of judicial institutions to build a foundation for a more professional, accountable and independent judiciary. To achieve this objective the project coordinates with Ukrainian partners, other U.S. Government supported programs, and international donors to design and implement activities that support Ukrainian governmental and nongovernmental efforts to strengthen rule of law.

According to the Law of Ukraine on the Judiciary and Status of Judges dated June 7, 2010 the National School of Judges of Ukraine is authorized to carry out initial training of candidates for a judicial position and ongoing training of judges (Article 82).

One of FAIR’s objectives is to strengthen the professionalism and effectiveness of the Ukrainian judiciary. To achieve this objective FAIR supports the NSJ in developing a modern, comprehensive curricula and standards for the demand-driven training activity for judges.

Applicants should develop initial and ongoing trainings curricula for judges and test the respective curricula through providing training of trainers (ToT) for selected judges and/or trainers and members of the NSJ faculty.

Applicant is expected to:

  • have experience in developing educational programs, courses and curricula, in particular, of initial and ongoing trainings for judges;
  • have the capacity to work and coordinate grant program efforts with key partners;
  • have the capacity to involve high professional experts;
  • have experience in conducting trainings of trainers;
  • havesufficient computer equipment and software to implement this program (i.e. computer, MS Office, printer etc.);
  • have skills for conducting trainings using the adults teaching methodology;
  • have skills for public presentation of results at roundtables and other meetings;
  • have knowledge of how the Ukrainian judicial system functions and about its needs, specially in professional development of judiciary representatives.
  1. Grant Activities:

The expected grant duration is six months, commencing on or about August 25, 2012.

Program proposals should include but are not limited to all the areas of activities listed below:

a)To develop the curricula for initial and ongoing trainings programs for judges on rule of law and human rights, with practical emphasis on the European Convention on Human Rights and Fundamental Freedoms and the case-law of the European Court of Human Rights;

b)Review the existing curricula developed for former Academy of Judges, by different donors (USAID, CoE and EU, Twinning Project etc.)with the aim to identify the scope of the necessary changes to be made;

c) Based on the review results to update the existing curricula on judicial opinion writing and training on judicial ethics for initial and ongoing trainings for judges;

d) In cooperation with NSJ develop a training schedule in order to conduct a training of trainers (ToT) for selected trainees (judges and/or trainers and facultymembers of the NSJ among others) to test the respective curricula on European Convention on Human Rights and Fundamental Freedoms study;

e) In cooperation with NSJ bring together trained judges to teach JudicialOpinion Writing and Judicial Ethics courses to brief them on the modified curricula accordingly;

f) Make all necessary logistics arrangements for the ToT coordinating activities;

g) Develop criteria for participants and experts (in future for faculty) evaluation forms;

h) Develop and print ToT materials, handouts and evaluation forms;

j) Develop and print graduation certificates;

k) Conduct the ToT and receive evaluation forms fulfilled by trainees and experts in the end of training;

l) Develop courses schedule for nationwide use;

m) Analyze the evaluation forms content and consider participants feedback;

n) Organize and conduct a roundtable discussion lessons learned and next steps to rollout nationwide trainings and to present final text(s) of curricula and courses schedule, inviting representatives of courts, universities, faculty of the NSJ, the HQC and relevant institutions (i.e. NGOs, donors etc.);

o) Other.

3.Expected Results:

The following results are expected to be achieved during the six month of the Grant Program:

  • Curricula on European Convention on Human Rights and Fundamental Freedoms course for initial and ongoing trainings for judges is developed and tested;
  • Updated curricula on judicial opinion writing;
  • Updated curricula on Judicial ethics;
  • ToT training European Convention on Human Rights and Fundamental Freedoms

course conducted;

  • Training materials, handouts and evaluation form are developed and presented;
  • Courses schedule for nationwide use is developed;
  • Created cadre of trained trainers for NSJ (up to 40 persons);
  • Trainees and experts feedback received and analyzed;
  • Trainees received certificates;
  • Round table discussion conducted;
  • Final texts of relevant curricula submitted to NSJ Rector consideration for approval.
  1. EVALUATION CRITERIA

Applications will be evaluated by an internal review panel within FAIR, and recommendations may be vetted by a larger group. Applications will be evaluated against the criteria in the table below.

Evaluation Category / Rating -Points
(100 total)
  1. Technical quality
/ 65 points
Feasibility of Design and Technical approach / 35
Impact on Target Group (Judges) / 15
Gender Awareness / 5
Past Performance / 10
  1. Organizational capacity
/ 25 points
Management and Programmatic capacity / 15
Sustainability/Financial Self-Reliance / 10
  1. Cost
/ 10 points
Cost Efficiency / 10

These evaluation criteria elements are described in details below.

  1. Technical quality

Feasibility of Design and Technical approach: The quality and feasibility of the application in terms of the viability of the proposed technical approach, (i.e., the proposed technical approach can reasonably be expected to produce the intended expected results), appropriateness of the proposed methodology, innovativeness, and the work plan for achieving project objectives to offer significant impacts. The technical approach must directly contribute to the achievement of the Grant Program expected results and performance under the activity, and must be measurable under the following project objectives indicators:

  1. Number of judges trained with USG assistance.
  2. Number of standards adopted for NSJ initial training program.
  3. Number of existing curricula improved.
  4. Number of new legal courses or curricula developed with USG assistance.
  5. Number of TOT trainers prepared.
  • Impact on Target Group: The extent to which the proposed activity corresponds to the needs of target group(s) and will directly benefit them. Also, the degree to which it will directly or indirectly stimulate other organizations and resources to replicate, develop, or implement activities supporting the objectives of FAIR.
  • Gender Awareness: The extent to which the funded activity includes a gender component or represents a strong commitment to women as beneficiaries.
  • Past Performance: Previous or ongoing experience implementing similar activities. This examines an Applicant’s track-record, which is a critical factor in assessing the capacity of the Grantee to implement the activity.
  1. Organizational Capacity
  2. Management and Programmatic Capacity: Evidence of the capability to undertake and accomplish the proposed activities,to develop training curricula and conduct trainings in order to strengthen the professionalism and effectiveness of the Ukrainian judiciary.The proposal should demonstrate the organization’s effectiveness in terms of internal structure, technical capacity, and key personnel, in meeting grant program goal. In addition, the organization must demonstrate adequate financial management capability. Appraisal will be based principally on reference checks by FAIR; the background, qualifications, reputation, appropriateness and skills of its key personnel; and the “track record,” reputation, and achievements (including development of self-sufficient, sustainable activities) of the organization involved.
  3. Sustainability and Financial Self-Reliance: The extent to which the funded activity will result in building and strengthening the capacity of the community and local organizations, and whether the activity itself is sustainable or will stimulate sustainability of the organization.
  1. Cost
  • Cost Efficiency: The degree to which budgeting is clear and reflects best use of organization and grant resources.
  1. ELIGIBILITY
  1. RECIPIENTS

To be eligible for funding applicants must be:

Ukrainian NGOs, think tanks, professional organizations or organizations formally constituted, recognized by and in good standing with appropriate Ukrainian authorities, and compliant with all applicable civil and fiscal regulations.

Faith-based and community groups will receive equal opportunity for funding in accordance with the mandated guidelines laid out in Annex E of this RFA except for faith-based organizations whose objectives are for discriminatory and religious purposes, and whose main objective of the grant is of a religious nature.

Applicants must be able to demonstrate successful past performance in implementation of integrated development programs related to FAIR’s priority areas.

Applicants must display sound management in the form of financial, administrative, and technical policies and procedures and present a system of internal controls that safeguard assets; protect against fraud, waste, and abuse; and support the achievement of program goals and objectives. FAIR will asses this capability prior to awarding a grant.

Applicants must sign the following required certifications prior to receiving a grant. FAIR will provide the certifications and review them with applicants.

  • Recipient Certificate of Compliance
  • Certification Regarding Terrorist Financing

Additinally, attached is an Optional Survey on Ensuring Equal Opportunity for Applicants. Completion of the survey is voluntary and absence of a completed survey in an application will not be a basis upon which the application is determined incomplete or non-responsive.

Ineligible organizations:

  • Organizations that are not legally registered
  • A government entity
  • Any public international organization (PIO)
  • Any entity that has been found to have misused USAID funds in the past
  • Political parties, groupings, or institutions or their subsidiaries and affiliates
  • Organizations that advocate, promote, or espouse anti-democratic policies or illegal activities
  • Faith-based organizations whose objectives are for discriminatory and religious purposes, and whose main objective for the grant is of a religious nature
  • Any entity whose name appears on the List of Parties Excluded from Federal Procurement and Non-procurement Programs (http: //
  • Any entity with a member that appears on the U.S. Department of Treasury Office of Foreign Assets Control (OFAC) Specially Designated Nationals (SDN) and Blocked Persons list
  • An organization that refuses to sign the required certifications.
  1. INELIGIBLE EXPENSES

FAIR grant funds may not be utilized for the following:

  • Private ceremonies, parties, celebrations, or "representation" expenses.
  • Purchases of restricted goods, such as agricultural commodities, motor vehicles including motorcycles, pharmaceuticals, pesticides, timber extraction or processing equipment, used equipment, and fertilizers. If procurement of these restricted goods is necessary, Chemonics will request approval from the CO and will procure items directly and donate in kind to the grantee.
  • Prohibited goods under USAID regulations, including but not limited to: police or law enforcement equipment, abortion equipment and services, weather modification equipment, luxury goods, and gambling equipment.
  • Any purchases or activities deemed unnecessary to accomplish grant purposes as determined by Chemonics, including any grantee headquarters expenses that are not directly linked to the implementation of the proposed project.
  • Previous obligations and/or bad debts.
  • Fines and/or penalties.
  • Creation of endowments.
  • Other costs unallowable under USAID and/or federal regulations, such as alcoholic beverages. Refer to OMB 122 “Cost principles of for Non-profit organizations” and FAR 31.2 “Cost principles for Commercial Organizations”
  • Indirect costs such as, but not limited to, overhead or indirect fringe (unless the applicant has documented proof of such rates through audits or USAID-issued NICRA).

Grant funded activities must comply with the provisions regarding voluntary participation, consent, and prohibition on abortion related activities as outlined in Standard Provision 14 Voluntary Population Planning. Funds must likewise not be used to promote or advocate the legalization or practice of prostitution or sex trafficking, however, this does not preclude the provision to individuals of palliative care and treatment.

  1. FUNDING

FAIR anticipates awarding no more than one (1) grant. All grants will be negotiated, denominated and funded in Ukrainian Hryvnia (UAH). Any individual grant awarded under this RFA is not expected to exceed UAH 120,000.00. Payments will either be made on a reimbursement basis in tranches corresponding to achievement of agreed upon milestones or in exceptional cases, on a periodic advance and liquidation basis. The decision will be made by FAIR as part of an eventual analysis of the Applicant’s organizational capability to manage grant funds.

All costs funded by the grant must be allowable, allocable and reasonable. A cost-sharing element from the applicant and/or an approved third party is encouraged to be contributed to the grant activity.

Cost-sharing is encouraged in the range of 10% of the total proposed budget. The grantee should be committed to contributing funding or other resources in the amount up to 10% of the total budget. This contribution is further referred to as the “recipient’s cost share” and 1) has to be verifiable from grantee records, 2) cannot be included as a contribution for any other U.S. Government assisted program and 3) must be necessary and reasonable for proper and efficient accomplishment of project objectives. Recipient’s cost share can be met through 1) the grantee’s own monetary or in-kind contribution to the project or 2) third party monetary or in-kind contribution except for those originating from the U.S. government. The applicant’s cost share must be clearly identified in the application and budget.

Grant applications must be supported by a detailed and realistic budget as described in Section V below.

  1. AUTHORITY/GOVERNING REGULATIONS

FAIR grants to non-U.S. organizations adhere to guidance provided under USAID’s Advanced Directive System (ADS), Section 302.5.6, “Grants Under Contracts,” ADS Chapter 303, “Grants and Cooperative Agreements to Non-Governmental Organizations,” and within the terms of the USAID Standard Provisions applicable to Non-U.S. Non-Governmental Recipients. These provisions can also be accessed through the USAID external website at "Business & Procurement" section.

ADS 303 references three additional regulatory documents issued by the U.S. government’s Office of Management and Budget (OMB):

OMB Circular A-110: Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Educations, Hospitals, and Other Nonprofit Organizations

OMB Circular A-122: Cost Principles for Nonprofit Organizations