R -- Justice System Reform Activity in Montenegro

The United States Agency for International Development (USAID) Mission to Serbia and Montenegro under the authority of AID Acquisition Regulation (AIDAR) 706.302-70, Impairment of Foreign Aid Programs intends to non-competitively extend a contract with Checchi and Company Consulting Inc. by seven months and increase the increase the Level of Effort by 1082 person days to implement the final phase and close out of the Montenegro Judicial System Reform Project (MJSRP). The extension will increase the total estimated cost of the contract by $250,000. A justification and approval for other than full and open competition has been prepared based on AIDAR 706.302-70(b)(5) for the continued provision of highly specialized services when award to another resource would result in unacceptable delays to the program. The purpose of extending the contract is to continue implementation of the most critical activities needed to strengthen and improve the Montenegrin judiciary. Specifically, the Contractor will provide technical assistance to: 1) formulate and implement changes in the constitutional and legislative framework necessary to increase the effectiveness and independence of the judiciary; and 2) strengthen the capacity of judges, court staff, and other essential personnel to ensure the sustainability of the work performed under this contract to date through a planned program phase-out. The Contractor will also continue to work on the reform momentum in the judicial area, building upon success and strengthening the capabilities of judges and relevant court administration. USAID believes that Checchi and Company Consulting Inc. is the only practicable contractor to complete the program given that they are currently mobilized in the field with staff and monitoring systems already in place and the existing program was created and implemented based on a model developed by Checchi. Further Checchi has established a collaborative working relationship with the Government of Montenegro through productive and key relationships in the Ministry of Justice, Republic level Court System and Judges that are required for successful completion of program activities. Checchi's long-term association with Montenegro's efforts of reforming its judicial system has promoted the development of a strong working relationship between the Government of Montenegro, Checchi and the U.S. Government, and the network Montenegro courts in this sector. Key government and judicial counterparts in Montenegro have strong confidence that Checchi understands the challenges they face and the trust and congenial relationships that have been established with Montenegrin partners are invaluable in terms of accomplishing USAID's objectives in this sector at this stage of program activities. Placing a new contractor in the field at this late stage would be disruptive and not understood by Montenegrins, particularly at this final phase of the MJSRP. It would take several years for a new contractor to develop the necessary level of partnership with the Government of Montenegro required for successful completion of the MJSRP. It is, therefore, the opinion of USAID that mobilization of a new contract team would result in acceptable delays and undermine the successful implementation of this final phase of USAID assistance to the Government of Montenegro in the judicial sector. Qualified companies may identify their interest and capability to respond to the requirement. This notice of intent is not a request for competitive proposals, however, submissions received before April 7, 2006 will be considered by the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.