Request for Proposal: REPORT ON IMPACT OF INTERNET SHUTDOWNS ON HUMAN RIGHTS DEFENDERS IN SOUTH ASIA

Request for Proposal:

REPORT ON IMPACT OF INTERNET SHUTDOWNS ON HUMAN RIGHTS DEFENDERS IN SOUTH ASIA

Table of Contents

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Bid Timetable [2]

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1.0 General Bid Information [2]

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2.0 Proposal Requirements [5]

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3.0 Criteria for Selection [5]

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4.0 Specifications and Work Statement [6]

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Appendix A: Bidder Response Sheet [7]

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Appendix B: Evaluative Questionnaire [8]

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Appendix C: Price Submittal [9]

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Bid Timetable

The ABA will make every effort to adhere to the following schedule:

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Activity

Responsibility

Date

RFP submitted for posting on the ABA website and distributed via e-mail to selected bidders.

ABA

September 30, 2020

Deadline for unsolicited bidders who located this RFP on the ABA website to submit clarifying questions to Waris Husain, waris.husain@americanbar.org.

Unsolicited Bidders

November 11, 2020

Deadline to submit clarifying questions via e-mail to Waris Husain, waris.husain@americanbar.org.

Bidders

November 11, 2020

Deadline to answer clarifying questions.

ABA

November 13, 2020

Proposals must be submitted electronically to EMAIL by 5:00pm EST.

Bidders

November 16, 2020

Review is completed and finalists are notified.

ABA

November 30, 2020

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1.0 General Information

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1.1 Purpose. The Justice Defenders Program of the American Bar Association Center for Human Rights (CHR), under the ABA’s Fund for Justice and Education, provides assistance to human rights defenders that face retaliation for their work.

This request for proposal (RFP) is to establish a preferred provider for a contract for services. The goal is to provide to those companies interested in submitting proposals (“Bidders”) sufficient information to answer the RFP questions.

1.2 Issuing Department. The Center for Human Rights has issued this RFP on behalf of the American Bar Association. The sole point of contact in the ABA for this RFP shall be:

WARIS HUSAIN

1050 Connecticut Ave NW, Washington DC, 20036.

WARIS.HUSAIN@AMERICANBAR.ORG

Please refer all inquiries to WARIS HUSAIN.

1.3 Problem Statement or Type of Goods Required.

The ABA Center for Human Rights (Center) is seeking a contracting organization to draft a comprehensive report on the impact of internet shutdowns on human rights defenders in South Asia. With the rise of internet shutdowns in the region, the report will highlight the cases of internet shutdowns in Sri Lanka and India (and other South Asian countries) and their impact on human rights defenders, including lawyers, journalists, judges, human rights activists, and civil society actors at large. The report should be well-sourced and will range between 25 and 35 single-space pages (the contracting organization will have discretion with regard to the formatting requirements). The report will review existing research on the impact of shutdowns on human rights defenders, summarize international digital jurisprudence and standards, and Supreme Court jurisprudence for each country covered. The contracting organization will also conduct interviews with human rights defenders in the report’s focus countries. The report will also propose recommendations for improving digital policies for South Asian governments and the international community at large.

1.4 Type of Contract. The contract needs to comply with the ABA Contract Policy and will be reviewed by the ABA’s General Counsel’s Office. ABA entities do not have separate legal standing to enter into oral or written contracts in their own names. All contracts are entered into on behalf of the American Bar Association. ABA CHR, in its sole discretion, may undertake negotiations with Bidders whose proposal, in its’ judgment, show them to be qualified, responsible and capable of performing the project or providing the goods. ABA CHR has the right to select the number of final bidders and the right to use one or more companies to meet its requirements. Only staff authorized by the ABA Executive Director and Chief Operating Officer has authority to execute contractual agreements on behalf of the ABA.**

1.5 Rejection of Proposals. The American Bar Association reserves the right, in their sole and complete discretion, to reject any proposal received because of this RFP. ABA reserves the right to reject all offers, to waive technicalities, and to pursue procurement in a manner that is in the best interests of the organization.

1.6 Incurring Costs. The ABA is not liable for any costs the Bidder incurs in preparation and submission of its proposal, in participating in the RFP process or in anticipation of the award of the contract.

1.7 Pre-proposal Conference. There will be no pre-proposal conference.

1.8 Questions & Answers. If a Bidder has any questions regarding this RFP, the Bidder must submit the questions by email to the issuing employee named in Section 1.2 of the RFP. Questions should be submitted no later than the date indicated on the Bid Timetable. The Bidder shall not attempt to contact the issuing employee by any other means.

1.9 Response Date. To be considered for selection, electronic submissions must arrive to the issuing employee on the date specified in the RFP Bid Timetable. Bidders who send proposals by mail or other delivery service should allow sufficient delivery time to ensure timely receipt of their proposals.

1.10 Proposals. To be considered, Bidders should submit a complete electronic response to this RFP, using the format provided in Section 2.0. In addition to any paper copies of the proposal, Bidders must submit one complete and exact electronic copy of the proposal via e-mail. The Bidder shall make no other distribution of its proposal to any other Bidder or ABA employee or ABA consultant. An official authorized to bind the Bidder to its provisions must sign the proposal in Appendix A. For this RFP, the proposal must remain valid for 120 days taking into consideration time required for evaluation of proposals and processing of the contract or until a contract is fully executed. If the Issuing employee selects the Bidder’s proposal for award, the contents of the selected Bidder’s proposal will become, except to the extent the contents are changed through Best and Final Offers or negotiations, contractual obligations.

1.11 Minority, Women and Disadvantaged Business Information: The ABA encourages participation by minority, women, and small disadvantaged and disabled veteran businesses as prime contractors, joint ventures, and subcontractors/suppliers. MWBE Businesses are businesses that are owned or controlled by a Minority and Women owned business that have a 51% ownership. The Bidder must provide documentation from a certifying agency, state and federal certification that they are a certified minority or women owned business.

1.12 Discussions for Clarification. Bidders may be required to make an oral or written clarification of their proposals to the issuing employee to ensure thorough mutual understanding and Bidder responsiveness to the solicitation requirements. The issuing employee will initiate requests for clarification.

1.13 Prime Contractor Responsibilities. The contract will require the selected Bidder to assume responsibility for all services offered in its proposal whether it produces them itself or by subcontract. The issuing employee will consider the selected Bidder to be the sole point of contact with regard to contractual matters.

1.14 Proposal Contents. Bidders should not label proposal submissions as confidential or proprietary. The issuing employee will hold all proposals in confidence and will not reveal or discuss any proposal with competitors for the contract, unless disclosure is required:

a. Under the provisions of any State or United States statute or regulation; or

b. By rule or order of any court of competent jurisdiction.

All material submitted with the proposal becomes the property of the ABA and may be returned only at the issuing employee’s option. The issuing employee, in its sole discretion, may include any person other than competing Bidders on its proposal evaluation committee. The issuing employee has the right to use any or all ideas presented in any proposal regardless of whether the proposal becomes part of a contract.

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1.15 Best and Final Offers. The issuing employee reserves the right to conduct discussions with Bidders for obtaining “best and final offers.” To obtain best and final offers from Bidders, the issuing department may do one or more of the following: enter into pre-selection negotiations, including schedule oral presentations and request revised proposals.

1.16 Term of Contract. The term of the contract will be dependent on the grant in question. The final contract may contain language extending the agreement by one year with mutual agreement of the parties. The issuing employee will fix the effective date after the contract has been fully executed by the selected Bidder and by the ABA. The selected Bidder shall not start the performance of any work prior to the effective date of the executed contract and the ABA shall not be liable to pay the selected Bidder for any service or work performed or expenses incurred before the effective date of the contract.

The contract is not considered approved until the terms have been reviewed and approved by the Office of General Counsel. An “American Bar Association Office of General Counsel” approval seal will appear on the contract with the signature of the attorney approving the terms of the contract.

1.17 Use of Electronic Versions of this RFP. This RFP is being made available by electronic means. If a Bidder electronically accepts the RFP, the Bidder acknowledges and accepts full responsibility to insure that no changes are made to the RFP.

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2.0 Proposal Requirements

Bidders must submit their proposals in the format outlined below in Appendixes A - C. To be considered, the proposal must respond to every requirement in this part of the RFP. Bidders should provide any extraneous information only as a separate attachment to their proposal.

2.1 Statement of the Problem or Goods Required. Briefly state your understanding of the problem presented, services required by this RFP and any unique capabilities that your company has to deliver these services

2.2 Proposed Solution and Approach. Describe your solution in detail for accomplishing the work as specified in Section 4.0 of this document.

2.3 Evaluative Questionnaire (See Appendix B). Bidders must fully answer all questions listed in Appendix B.

2.4 Price Submittal (See Appendix C).** Bidders must not include any assumptions in their price submittals. If the Bidder includes assumptions in its price submittal, the Issuing employee may reject the proposal. All direct pricing information must be submitted in C.

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3.0 Criteria for Selection

3.1 Mandatory Responsiveness Requirements. To be eligible for selection, a proposal must:

a. Be received according to dates set in the Bid Timetable;

b. Be properly signed by a representative of the Bidder who is eligible to bind them in contract with the ABA;

c. Be in accordance with all instructions as set forth in Sections 1 and 2.

3.2 Technical Nonconforming Proposals. The Issuing employee reserves the right, in its sole discretion, to waive technical or immaterial nonconformities in a Bidder’s proposal.

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3.3 Evaluative Questionnaire, See Appendix B.

The Evaluative questionnaire consists of five questions – bidders should complete all questions.

3.4 Criteria for Selection. The following criteria will be used, in no particular order, in evaluating each proposal:

1. Ability to operate in India and Sri Lanka and collect data and conduct interviews in other South Asian countries
2. Ability to accept foreign funds
3. Ability (staff/capacity) to turn around 25 to 35 page report in four months.
4. Knowledge of technology and digital jurisprudence in regional Supreme Courts and international law.

4.0 Specifications and Work Statement

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4.1 Objectives.

The ABA Center for Human Rights (Center) is seeking a contracting organization to draft a comprehensive report on the impact of internet shutdowns on human rights defenders in South Asia. With the rise of internet shutdowns in the region, the report will highlight the cases of internet shutdowns in Sri Lanka and India (and other South Asian countries) and their impact on human rights defenders, including lawyers, journalists, judges, human rights activists, and civil society actors at large. The report should be well-sourced and will range between 25 and 35 single-space pages (the contracting organization will have discretion with regard to the formatting requirements). The report will review existing research on the impact of shutdowns on human rights defenders, summarize international digital jurisprudence and standards, and Supreme Court jurisprudence for each country covered. The contracting organization will also conduct interviews with human rights defenders in the report’s focus countries. The report will also propose recommendations for improving digital policies for South Asian governments and the international community at large.

4.2 Nature and Scope of the Work needed by the ABA. The ABA requests bidders to describe their process for enter any processes.

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4.3 Requirements. As described in Section 3.4 Criteria for Selection, the Association is focused on the following characteristics of the successful Bidder:

1. Ability to operate in India and Sri Lanka and collect data and conduct interviews in other South Asian countries
2. Ability to accept foreign funds
3. Ability (staff/capacity) to turn around 25-35 page report in 4 months.
4. Knowledge of technology and digital jurisprudence in regional Supreme Courts and international law.

4.4 Reports and Project Control. The ABA seeks bidders with a demonstrated ability to maintain timelines and regular contact with the program staff at ABA CHR who handles the procurement of services.

Thank you for your interest in working with the American Bar Association.

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Appendix A – Bidder Response Sheet

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Bidder Information:

Bidder Name

Bidder Mailing Address

Bidder Website

Bidder Contact Person

Contact Person’s Phone Number

Contact Person’s Email Address

Bidder Federal ID Number If DBA in the U.S.

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Signature

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Signature of an official authorized to bind the Bidder to the provisions contained in the Bidder’s proposal:

Printed Name

Title

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Failure to complete, sign, and return this form with the bidder’s proposal may result in the rejection of the bidder’s proposal.

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Appendix B – Evaluative Questionnaire

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Statement of the Problem or Goods Required. Briefly state your understanding of the problem presented, services required by this RFP and any unique capabilities that your company has to deliver these services.

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Proposed Research Methodology and Approach:

Please respond to each question below.

1. Please describe your organization’s ability to operate in India and/or Sri Lanka.

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2. Please describe your organization’s ability to conduct interviews and collect data from other South Asian countries, including Bangladesh.

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3. Please indicate if your organization has any restrictions in accepting foreign funds.

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4. Please describe the capability of your organization’s staff to complete multiple drafts of a 25 to 35-page report in four months.

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5. Please indicate if your organization’s staff demonstrates expertise in technological and digital jurisprudence in regional Supreme Courts and international law.

Appendix C – Price Submittal

Please provide a cost estimate for the undertaking of this project.

Bidders should submit their information to sonali.dhawan@americanbar.org