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Issuance Date: May 25, 2006

Closing Date: June 23, 2006

Closing Time: 10 AM Kenyan time

**Subject: Request for Applications (RFA) Number 623-A-06-031,**

**People-to-People Peace Building for Southern Sudan**

The United States Agency for International Development (USAID) is
seeking applications from qualified applicants for the implementation a
program in support of People-To- People Peace Building in Southern Sudan
as described in Section A of this RFA. USAID anticipates awarding an
initial five-year, US\$14,000,000.00 Cooperative Agreement (CA), subject
to the availability of funds, resulting from this RFA process. USAID
reserves the right to fund any or none of the applications submitted.

The authority for the RFA is found in the Foreign Assistance Act of
1961, as amended.

The Recipient will be responsible for ensuring achievement of the
program objective to target and mitigate local level conflict that could
escalate and destabilize the Comprehensive Peace Agreement (CPA). Please
refer to the Program Description for a complete statement of goals and
expected results.

Pursuant to 22 CFR 226.81, it is USAID policy not to make profit under
assistance instruments. However, all reasonable, allocable, and
allowable expenses, both direct and indirect, which are related to the
grant program and are in accordance with applicable cost standards (22
CFR 226, OMB Circular A-122 for non-profit organization, OMB Circular
A-21 for universities, and the Federal Acquisition Regulation (FAR) Part
31 for-profit organizations), may be paid under the grant.

For the purposes of this program, this RFA is being issued and consists
of this cover letter and the following:

1\. Section A - Grant Application Format;

2\. Section B - Selection Criteria;

3\. Section C - Program Description;

4\. Section D - Certifications, Assurances, and Other Statements of
Applicant/Grantee;

5\. Section E - Annexes

For the purposes of this RFA, the term \"Grant\" is synonymous with
\"Cooperative Agreement\"; \"Grantee\" is synonymous with \"Recipient\";
and \"Grant Officer\" is synonymous with \"Agreement Officer\".

+------------------------+--------------+--------------+--------------+
| U.S. Agency for        | Courier      | U.S. Postal  | Tel:         |
| International          | Address:     | Address:     | 254-20-862   |
| Development            |              |              | 2000         |
|                        | USAID Rep    | USAID Rep    |              |
| USAID Rep Sudan        | Sudan        | Sudan        | Fax:         |
|                        |              |              | 254-20-862   |
| P.O. Box 629           | ICIPE        | Unit 64102   | 2677 / 2680  |
|                        | Complex      |              |              |
| Village Market 00621   |              | APO AE       | www.us       |
|                        | Kasarani     | 09831-4102   | aidsudan.org |
| Nairobi, Kenya         | Road         |              |              |
|                        |              |              |              |
|                        | Nairobi,     |              |              |
|                        | Kenya        |              |              |
+------------------------+--------------+--------------+--------------+

If an organization decides to submit an application, it should be
received by the closing date and time indicated at the top of this cover
letter at the place designated below for receipt of applications.

Applications received after the closing time may not be considered
except as described in section A of this RFA. The text of any
application, less any essential annexes, **must not exceed 25 pages,**
and the text on its own must be entirely responsive to all aspects of
this RFA.

In the recent past we have experienced problems downloading huge
electronic files. In order to avoid NOT receiving some applications or
experience delays in receiving applications, we are requesting that all
applications herewith requested MUST be sent via courier to reach the
address indicated in this letter on the time and date indicated.

Applications and modifications thereof shall be submitted in envelopes
with the name and address of the applicant and RFA \# 623-A- 06-031
(referenced above) inscribed thereon, to:

[By International Mail]{.underline}:

Yves B. Kore

Agreement Officer

USAID/SUDAN Acquisition & Assistance Office

P. O. Box 629, Village Market - 00621

Nairobi, Kenya

[By Courier]{.underline}:

Yves B. Kore/Mary Mwadime

USAID/SUDAN Acquisition & Assistance Office

Kasarani Road, ICIPE Complex

Nairobi, Kenya ,

Tel: 254-20-862 2317 or 862 2352

Applicants are requested to submit both technical and cost portions of
their applications in separate volumes. Award will be made to the
responsible applicant(s) whose application(s) offers the greatest value.
Please not however that , technical proposals will be significantly more
important than the cost proposals.

Issuance of this RFA does not constitute an award commitment on the part
of the Government, nor does it commit the Government to pay for costs
incurred in the preparation and submission of an application. Further,
the government reserves the right to reject any or all applications
received. In addition, final award of any resultant Cooperative
Agreement cannot be made until funds have been fully appropriated,
allocated, and committed through internal USAID procedures. While it is
anticipated that these procedures will be successfully completed,
potential applicants are hereby notified of these requirements and
conditions for award. Applications are submitted at the risk of the
applicant; should circumstances prevent award of a cooperative
agreement, all preparation and submission costs are at the applicant\'s
expense- application preparation costs are not reimbursable.

The preferred method of distribution of USAID procurement information is
via Grants.gov on the world wide web (www). This RFA and any future
amendments can be downloaded from the Agency Web Site. The World Wide
Web Address is http://www.Grants.gov. If you have difficulty with
accessing the RFA, please contact the Grants.gov Helpdesk at
1-800-518-472 or via email at <support@grants.gov> for

technical assistance. Receipt of this RFA through Grants.gov must be
confirmed by written notification to the contact person noted below. It
is the responsibility of the recipient of the application document to
ensure that it has been received from Grants.gov in its entirety and
USAID bears no responsibility for data errors resulting from
transmission or conversion processes.

In the event of an inconsistency between the documents comprising this
RFA, it shall be resolved by the following descending order of
precedence:

\(a\) Selection Criteria;

\(b\) Grant Application Format;

\(c\) Program Description;

\(d\) This Cover Letter.

Any questions concerning this RFA should be submitted in writing to:
Yves B. Kore , via the following email address: <ykore@usaid.gov> and
copy <mmwadime@usaid.gov>. Prospective applicants are strongly
encouraged to submit their questions or request clarifications of any
part of the RFA not later than Wednesday, June 7, 2006, 10AM Kenya time,
in order to receive a USAID response in the form of an RFA amendment
(listing all questions received and USAID answers) on or before Friday,
June 16, 2006. The extension of the RFA's closing date stated on the
cover letter is not contemplated. USAID/SUDAN will not entertain any
request for information either on phone or in writing before the dates
indicated above.

Applicants should retain for their records one copy of all enclosures
which accompany their application.

Sincerely,

Yves B. Kore

Agreement Officer

USAID/SUDAN

**Table of Contents** Page

SECTION A - GRANT APPLICATION
FORMAT..................................................5

PREPARATION
GUIDELINES..................................................................\....5

COST APPLICATION
FORMAT...................................................................1

SECTION B - SELECTION
CRITERIA...............................................................9

SECTION C - PROGRAM
DESCRIPTION.........................................................14-30

SECTION
D..................................................................................................31

PART I - CERTIFICATIONS AND
ASSURANCES............................................31

PART II - OTHER STATEMENTS OF
RECIPIENT............................................36

PART III -- SPECIAL PROVISIONS
...............................................................40

PART IV -- STANDARD PROVISIONS AND REQUIRED AS APPLICABLE

PROVISIONS FOR US AND NON-US NONGOVERNMENTAL RECIPIENTS........43

**SURVEY ON ENSURING EQUAL OPPORTUNITY FOR
APPLICANTS...................111**

SECTION E --
ANNEXES..............................................................................\....113

#  

#   {#section-1 .unnumbered}

#  

#  SECTION A - GRANT APPLICATION FORMAT

##  PREPARATION GUIDELINES

All applications received by the deadline will be reviewed for
responsiveness to the specifications outlined in these guidelines and
the application format. Section II addresses the technical evaluation
procedures for the applications. Applications which are submitted late
or are incomplete run the risk of not being considered in the review
process. \"Late applications will not be considered for award\" or
\"Late applications will be considered for award if the Agreement
Officer determines it is in the Government\'s interest.\"

Applications shall be submitted in two separate parts: (a) technical and
(b) cost or business application. Technical portions of applications
should be submitted in an original and 5 copies and cost portions of
applications in an original and 2 copies.

The application should be prepared according to the structural format
set forth below. Applications must be submitted no later than the date
and time indicated on the cover page of this RFA, to the location
indicated on page 2 of the cover letter accompanying this RFA.

Technical applications should be specific, complete and presented
concisely. The applications should demonstrate the applicant\'s
capabilities and expertise with respect to achieving the goals of this
program. The applications should take into account the technical
evaluation criteria found in Section B.

Applicants should retain for their records one copy of the application
and all enclosures which accompany their application. Erasures or other
changes must be initialed by the person signing the application. To
facilitate the competitive review of the applications, USAID will
consider only applications conforming to the format prescribed below.

## 

##  COST APPLICATION FORMAT

The Cost or Business Application is to be submitted under separate cover
from the technical application. Certain documents are required to be
submitted by an applicant in order for the Grant Officer to make a
determination of responsibility. However, it is USAID policy not to
burden applicants with undue reporting requirements if that information
is readily available through other sources.

The following sections describe the documentation that applicants for
Assistance award must submit to USAID prior to award. While there is no
page limit for this portion, applicants are encouraged to be as concise
as possible, but still provide the necessary detail to address the
following:

A. Include a budget with an accompanying budget narrative which provides
in detail the total costs for implementation of the program your
organization is proposing. The budget must be submitted using Standard
Form 424 and 424A which can be downloaded from the USAID web site,
http://www.usaid.gov/procurement_bus_opp/procurement/forms/sf424/;

\- the breakdown of all costs associated with the program according to
costs of, if applicable, headquarters, regional and/or country offices;

\- the breakdown of all costs according to each partner organization
involved in the program;

\- the costs associated with external, expatriate technical assistance
and those associated with local in-country technical assistance;

\- the breakdown of the financial and in-kind contributions of all
organizations involved in implementing this Cooperative Agreement;

\- potential contributions of non-USAID or private commercial donors to
this Cooperative Agreement;

\- your procurement plan for commodities (note that contraceptives and
other health commodities will not be provided under this Cooperative
Agreement).

B. A current Negotiated Indirect Cost Rate Agreement;

C. Required certifications and representations (as attached):

D. Applicants who do not currently have a Negotiated Indirect Cost Rate
Agreement (NICRA) from their cognizant agency shall also submit the
following information:

1\. copies of the applicant\'s financial reports for the previous 3-year
period, which have been audited by a certified public accountant or
other auditor satisfactory to USAID;

2\. projected budget, cash flow and organizational chart;

3\. A copy of the organization\'s accounting manual.

E. Applicants should submit any additional evidence of responsibility
deemed necessary for the Grant Officer to make a determination of
responsibility. The information submitted should substantiate that the
Applicant:

1\. Has adequate financial resources or the ability to obtain such
resources as required during the performance of the award.

2\. Has the ability to comply with the award conditions, taking into
account all existing and currently prospective commitments of the
applicant, nongovernmental and governmental.

3\. Has a satisfactory record of performance. Past relevant
unsatisfactory performance is ordinarily sufficient to justify a finding
of non-responsibility, unless there is clear evidence of subsequent
satisfactory performance.

4\. Has a satisfactory record of integrity and business ethics; and

5\. Is otherwise qualified and eligible to receive a grant under
applicable laws and regulations (e.g., EEO).

F. Applicants that have never received a grant, cooperative agreement or
contract from the U.S. Government are required to submit a copy of their
accounting manual. If a copy has already been submitted to the U.S.
Government, the applicant should advise which Federal Office has a copy.

In addition to the aforementioned guidelines, the applicant is requested
to take note of the following:

G. Unnecessarily Elaborate Applications - Unnecessarily elaborate
brochures or other presentations beyond those sufficient to present a
complete and effective application in response to this RFA are not
desired and may be construed as an indication of the applicant\'s lack
of cost consciousness. Elaborate art work, expensive paper and bindings,
and expensive visual and other presentation aids are neither necessary
nor wanted.

H. Acknowledgement of Amendments to the RFA - Applicants shall
acknowledge receipt of any amendment to this RFA by signing and
returning the amendment. The Government must receive the acknowledgement
by the time specified for receipt of applications.

I. Receipt of Applications - Applications must be received at the place
designated and by the date and time specified in the cover letter of
this RFA.

J. Submission of Applications:

1\. Applications and modifications thereof shall be submitted in sealed
envelopes or packages (1) addressed to the office specified in the Cover
Letter of this RFA, and (2) showing the time specified for receipt, the
RFA number, and the name and address of the applicant.

2\. Faxed applications will not be considered; however, applications may
be modified by written or faxed notice, if that notice is received by
the time specified for receipt of applications.

K. Preparation of Applications:

1\. Applicants are expected to review, understand, and comply with all
aspects of this RFA. Failure to do so will be at the applicant\'s risk.

2\. Each applicant shall furnish the information required by this RFA.
The applicant shall sign the application and print or type its name on
the Cover Page of the technical and cost applications. Erasures or other
changes must be initialed by the person signing the application.
Applications signed by an agent shall be accompanied by evidence of that
agent\'s authority, unless that evidence has been previously furnished
to the issuing office.

3\. Applicants who include data that they do not want disclosed to the
public for any purpose or used by the U.S. Government except for
evaluation purposes, should:

\(a\) Mark the title page with the following legend:

\"This application includes data that shall not be disclosed outside the
U.S. Government and shall not be duplicated, used, or disclosed - in
whole or in part - for any purpose other than to evaluate this
application. If, however, a grant is awarded to this applicant as a
result of - or in connection with - the submission of this data, the
U.S. Government shall have the right to duplicate, use, or disclose the
data to the extent provided in the resulting grant. This restriction
does not limit the U.S. Government\'s right to use information contained
in this data if it is obtained from another source without restriction.
The data subject to this restriction are contained in sheets ; and

\(b\) Mark each sheet of data it wishes to restrict with the following
legend:

\"Use or disclosure of data contained on this sheet is subject to the
restriction on the title page of this application.\"

L. Explanation to Prospective Applicants - Any prospective applicant
desiring an explanation or interpretation of this RFA must request it in
writing within three weeks of receipt of the application to allow a
reply to reach all prospective applicants before the submission of their
applications. Oral explanations or instructions given before award of a
Grant will not be binding. Any information given to a prospective
applicant concerning this RFA will be furnished promptly to all other
prospective applicants as an amendment of this RFA, if that information
is necessary in submitting applications or if the lack of it would be
prejudicial to any other prospective applicants.

M. Grant Award:

1\. The Government may award one or more Grants resulting from this RFA
to the responsible applicant(s) whose application(s) conforming to this
RFA offers the greatest value (see also Section II of this RFA). The
Government may (a) reject any or all applications, (b) accept other than
the lowest cost application, (c) accept more than one application (see
Section B, Selection Criteria), (d) accept alternate applications, and
(e) waive informalities and minor irregularities in applications
received.

2\. The Government may award one or more Grant(s) on the basis of
initial applications received, without discussions. Therefore, each
initial application should contain the applicant\'s best terms from a
cost and technical standpoint.

3\. Neither financial data submitted with an application nor
representations concerning facilities or financing, will form a part of
the resulting Grant(s).

N. Authority to Obligate the Government - The Grant Officer is the only
individual who may legally commit the Government to the expenditure of
public funds. No costs chargeable to the proposed Grant may be incurred
before receipt of either a fully executed Grant or a specific, written
authorization from the Grant Officer.

O. The Contractor/Recipient is reminded that U.S. Executive Orders and
U.S. law prohibits transactions with, and the provision of resources and
support to, individuals and organizations associated with terrorism. It
is the legal responsibility of the contractor/recipient to ensure
compliance with these Executive Orders and laws. This provision must be
included in all subcontracts/subawards issued under this
contract/agreement.

#  

# SECTION B - SELECTION CRITERIA

The criteria presented below have been tailored to the requirements of
this particular RFA. Applicants should note that these criteria serve
to: (a) identify the significant matters which applicants should address
in their applications and (b) set the standard against which all
applications will be evaluated. To facilitate the review of
applications, applicants should organize the narrative sections of their
applications in the same order as the selection criteria stated below:

As stated in the cover letter, applicants are reminded that the main
text of any application, not including the Cost proposal and less any
essential annexes, must not exceed 25 pages, and the text on its own
must be entirely responsive to all aspects of the RFA. The Technical
Evaluation Committee will [not]{.underline} accept any pages submitted
in the text beyond the 25 pages limit OR IN A TEXT THAT IS SMALLER THAN
12 FONT; see *"Special Instructions" Section B-II below.*

The technical applications will be evaluated in accordance with the
Technical Evaluation Criteria set forth below. Thereafter, the cost
application of all applicants submitting a technically acceptable
application will be opened and costs will be evaluated for general
reasonableness, allowability, and allocability. To the extent that they
are necessary (if award is made based on initial applications),
negotiations will then be conducted with all applicants whose
application, after discussion and negotiation, has a reasonable chance
of being selected for award. Please not that the technical proposal will
weigh significantly more than the cost proposal. Awards will be made to
responsible applicants whose applications offer the greatest value, cost
and other factors considered.

Awards will be made based on the ranking of proposals according to the
technical selection criteria identified below.

[Weighted Technical Criteria]{.underline} - Proposals will be evaluated
based upon the following criteria and earn a possible total of 100
points.

I. [Technical Approach to Peace Building]{.underline} (35 points)

The scope of work distinguishes between the national peace as negotiated
in the Comprehensive Peace Agreement (CPA) and what some call the 'local
peace' or 'peace on the ground.' Successful applicants will understand
this distinction and show how their application responds to the
potential contributions of programmatic activities in making strategic
programmatic choices throughout the life of the grant award.

A.  Informed analysis of the causes of conflict in the urban centers and
    counties of Juba, Malakal, Wau, Aweil and Yei. This analysis should
    identify if the conflict threatens the CPA. This analysis should
    include a clear and convincing explanation of the criteria used to
    determine if the conflict threatens the CPA.

B.  Informed analysis of the causes of conflict at the local level in
    the opposition held territories of the Three Areas (Nuba, Southern
    Blue Nile and Abyei), that could threaten the implementation of the
    Comprehensive Peace Agreement (CPA). The analysis should include a
    separate discussion of the special status of Abyei and the political
    situation there. This analysis should include a clear and convincing
    explanation of the criteria used to determine if the conflict
    threatens the CPA.

C.  A realistic assessment of the capacity of the Peace and
    Reconciliation Commission of the GOSS, traditional leaders, and
    peace committees in Juba, Wau, Malakal, Aweil, Yei and the three
    opposition areas, including descriptions of their strengths and
    weaknesses in resolving conflict and supporting reconciliation.

D.  Quality of analysis of the needs, interests and concerns of
    particular beneficiaries, including "youth",[^1] women and IDPs.
    Applications should demonstrate understanding of the issues of these
    vulnerable groups as well as their role in peacemaking. Successful
    applicants will present clear strategies to target these groups into
    program activities in Southern Sudan and the Three Areas.

II\. [Implementation Plan]{.underline} (30 points)

A.  Realistic and clearly defined program implementation plan and
    results framework that builds on the Applicant's technical
    assessment of the situation and details how the program purpose of
    this RFA will be implemented. The purpose of this RFA is: **to
    target and mitigate conflict in the urban centers and their counties
    in southern Sudan, key locations in the Three Areas, as well as
    other key flashpoint locations as identified, by building viable
    indigenous conflict resolution capacities**.

B.  Proposed methodology for conflict management, mitigation and
    capacity building, including a clear definition of the technical
    skills needed to implement the approach, the source of such
    expertise for program implementation, and identification of key
    collaborators and their respective roles/responsibilities in
    implementation.

III\. [Personnel/Organizational Structure and Staffing]{.underline} (20
points)

> A. Quality of key personnel and other proposed staffing, including
> educational, professional and technical qualifications; relevant
> experience; past performance and reputation for effectiveness in fluid
> environments that require contingency planning and regular adjustments
> in work.
>
> F. Realistic but lean management structures that are described with
> narrative and organizational charts. The narrative should identify the
> location of regional/sub-regional offices and justify the recommended
> size and composition of the staff proposed for implementation of the
> scope of work.

IV\. [Past Performance in Conflict Resolution and Post-Conflict
Programming]{.underline} (15 points)

> Past performance in implementing conflict resolution programs in a
> complex political environment. Applicants must list all such
> activities that were undertaken in the last five years and explain:
> (1) the size of the program (staff and budget); (2) the length of the
> program; (3) the impact/results of the program; and (4) the lessons
> learned.

II. **Special Instructions**

[Cost Proposal]{.underline}

Cost proposals should be prepared separately from the technical
proposals and the page limitations for the cost proposals are
[not]{.underline} included in the 25 page limit for the technical
proposal. The cost proposal should identify and describe overall program
costs and then identify those which are being proposed for USAID
financing and those that are covered by other donors, implementing
partners, other USAID projects, etc. The presentation should clearly
identify those costs that are to be financed through the award of this
cooperative agreement. All cost proposals should be accompanied with a
budget narrative for all categories of costs.

Additionally, the budget should identify clearly the following cost
components and provide sub-totals for these budget elements to be funded
by the Cooperative Agreement:

-   Technical assistance and training directed toward capacity building
    of peace institutions

-   Delivery costs (including grants management costs, the costs of
    local staff salaries, transport, communications and operating costs
    for the applicant's main field office and any proposed
    regional/field offices)

-   Other Direct Costs (including salary, transportation and other
    support costs for expatriate staff)

-   Other Indirect Costs

[Page Limits]{.underline}

The technical proposals shall not exceed 25 pages using no less than
12-pitch font size. Not included in this limit are annexes that may
contain bio-graphical data of key personnel or past performance data.

Applicants are encouraged to use short/clear narrative and use visual
tools to consolidate information. Repetitious proposals will be
penalized.

[Totality of Applications]{.underline}

**Applicants [must]{.underline} bid on all parts to be accepted for
review, but applications of more than one implementing partner will be
accepted however, one lead/prime must be clearly identified in
management structure.**

**III. Selection Procedure**

A Technical Evaluation Committee (TEC) will evaluate the technical
portion of all applications in accordance with the Criteria set forth
above. Negotiations may then be conducted with all Applicants whose
submission, after possible further discussion and negotiation, has been
deemed to have a reasonable chance of being selected for award. It is
possible that USAID will invite, at the Applicant's expense, those
deemed to have a reasonable chance of being selected for award to an
interview to be conducted in Nairobi, Kenya. The CA will be awarded to
the Applicant whose submission is the most technically responsive.
[]{.mark}

[]{.mark}

# []{.mark}

#  

# IV. Substantial Involvement 

In accordance with USAID policy and standard procedures related to
Cooperative Agreements (CA) and given the nature of this new program,
USAID Sudan desires to be engaged at the appropriate levels and times to
assure the achievement of the two parties' mutual program objectives and
meet the defined program requirements.

Consequently, the following are the Substantial Involvement provisions
that will be included in the Cooperative Agreement. However, subject to
the mutual agreement of both parties, these provisions may be amended to
reflect appropriate changes as a consequence of the program's
implementation and possible changes in the situation in southern Sudan.

Subject to possible further refinement following the arrival of the
Cooperative Agreement Recipient's Chief of Party, USAID Sudan will:

-   Designate key personnel positions, and approve the awardee's
    candidates for those positions and any successors;

-   Approve the Recipient's annual work plans, and any significant
    amendments thereof;

-   Approve the Recipient's monitoring and evaluation plans in
    accordance with USAID's Performance Monitoring Plan;

-   Participate in monitoring progress toward the achievement of the
    Recipient's program objectives;

-   Concur in any sub-agreements between the Recipient and another
    organization intended to serve as a program implementer.

-   Review and approve any deviations from standards requirements for
    "branding" and "marking."

# 

# V. Reports  The Cooperative Agreement Recipient will submit the following reports to USAID's Cognizant Technical Officer (CTO) with the indicated frequency. The complexity, format, timing, number of copies, etc. of the reports will be determined by the CTO and the CA Recipient's Chief of Party at the outset of implementation.

1.  Comprehensive and detailed Annual Work Plans

2.  Semi-annual Progress Reports

3.  Annual Performance Reports to conform with USAID reporting
    requirements and the Strategic Objective's Performance Monitoring
    Plan as proposed in the "Results" section of the application.

4.  Quarterly Financial Reports (in accordance with the CA's standard
    requirements)

5.  Final Report (at the end of the initial 5 years plus any extended
    period)

The Recipient will participate in a post award conference within 30 days
after the award of the CA during which timelines and expectations for
the above documents will be discussed.

**VI. Reference Documents**

The following documents are attached to this RFA as "Annex E" and are
provided for the applicant's reference.

-   Joint Assessment Mission Sudan, "Volume I: Synthesis -- Framework
    for Sustained Peace, Development and Poverty Eradication," March 18,
    2005

-   Mercy Corps for USAID/Sudan, "Localizing the Peace: Findings from a
    Conflict Assessment," October -- December 2005.

-   "UNDP: Southern Sudan Urban Appraisal Study," July 2005.

-   United Nations Joint Logistics Center and UNICEF, "Report on
    Inter-Agency Assessment Mission to GOS Towns in Southern Sudan,"
    August 30, 2004.

-   USAID Sudan Strategy Statement 2006-2008

The following reference documents can be found at website links
indicated below:

-   NDI, "A foundation for Peace: Citizen thoughts on the Southern Sudan
    Constitution" June 9, 2005- Can be found at:

[http://www.accesdemocracy.org/library/1918 su southernsudan
060905](http://www.accesdemocracy.org/library/1918 su southernsudan 060905)

-   USAID Fragile States Strategy- Can be found at:

```{=html}
<!-- -->
```
-   [www.usaid.gov/policy](http://www.usaid.gov/policy) (open link
    titled "Fragile States Strategy")

-   [**Fragile States
    Strategy**](http://www.usaid.gov/policy/2005_fragile_states_strategy.pdf),
    January 2005 \[PDF, 305 KB\]

-   

-   [**Fragile States
    Strategy**](http://www.usaid.gov/policy/2005_fragile_states_strategy.pdf),
    January 2005 \[PDF, 305 KB\]

#  

#  

#  SECTION C - PROGRAM DESCRIPTION

**Table of contents:**

I. Background

A. Context of Southern Sudan and the Three Areas

B. Past Peace Building Efforts

C. Relationship to USAID Strategy for Sudan

II\. Analyses

Causes of Conflict

Traditional Authorities

Peace Committees

Urban Centers and Garrison Towns

Internally Displaced Persons

III\. Purpose

A: Introduction

B. Purpose of the Cooperative Agreement

C. Essential Program Parameters and Guidance for Applicants on Key
Issues and Questions

**I. Background**

**A. Context of Southern Sudan and "the Three Areas"**

Sudan is the largest country in Africa, about the same size of the
United States east of the Mississippi. The total population is estimated
at over 30 million, with about 12 million people living in southern
Sudan, though all data related to Sudan should be treated with caution.
Sudan borders nine countries and the conflicts within its boundaries
could spill over and affect most of East and Central Africa. The country
is located at the heart of the Horn of Africa, astride the religious,
ethnic and cultural divides between North and East Africa. Civil war has
raged between the north and the south in Sudan for all but 11 of the
last 50 years. Since 1983, an estimated two million lives have been lost
and over four million people have been displaced. Due to the U.S.
Government's (USG) policies on counterterrorism and regional stability,
Sudan is the highest USG priority country in Africa.

After two decades of devastation, lost opportunities and chronic
humanitarian emergencies, the signing of the Comprehensive Peace
Agreement (CPA) on January 9^th^, 2005 by the Government of Sudan (GOS)
in the north and the Sudan People's Liberation Movement/Army (SPLM/A)
from the south brought an end to Africa's longest running conflict. The
agreement, a product of more than two years of high-level negotiations
with substantial engagement from the United States Government (USG),
addresses the causes of war and instability by focusing on security
arrangements, wealth and power sharing between the two sides. The CPA
establishes the Government of National Unity (GONU), situated in
Khartoum, and a largely autonomous Government of Southern Sudan (GOSS),
situated in Juba. The CPA sets forth plans for a referendum in the south
at the end of the six-year period, in 2011, to choose between union
with, or secession from, the north.

The implementation of the CPA is ushering in major changes in governance
and power-sharing. If the CPA is to take hold meaningfully, multi-level
transitions for the country will need to occur. The transitions are
bringing fundamental structural changes in the way that Sudan has been
governed and how Sudanese people perceive each other and themselves.
This is changing the context in which traditional conflicts occurred,
resulting in both windows of opportunity as well as vulnerability. The
CPA is increasing expectations from citizens for tangible peace
dividends, transparent power and wealth sharing, and an end to the
insecurity that has plagued Sudan for so long.

The Three Areas, where North meets South, includes three areas in
northern Sudan which were controlled by the SPLM. The so-called Three
Conflict Areas of Nuba, Southern Blue Nile and Abyei. (Nuba and Abyei
are now located in Southern Kordofan State in the North and Southern
Blue Nile is now part of Blue Nile State in the North.) All three are
located in the border area between the North and the South, and as such,
they have suffered particularly great human suffering and losses. While
all of Sudan is characterized by wide disparities along regional,
urban-rural and gender lines with respect to access to basic services
and infrastructure, the Three Areas of the Blue Nile, Southern Kordofan
and Abyei are among the most disadvantaged. The bitter contests over
what is now known as the "Three Areas" is associated with root causes
that include political disenfranchisement, lack of access to services,
food insecurity and lack of development investment. The location of
borders and land rights are especially critical issues, including for
example, seasonal access to water and grazing rights as well as land
issues related to the expropriation of communal territory for
large-scale schemes.

Two specific protocols in the CPA refer to the Three Areas, one protocol
for Abyei and one for Southern Kordofan and Blue Nile States. These
areas will serve as a test for integration, compromise and
peace-building that will put to the test the commitment of the various
parties to genuine reform and a just and lasting peace. The U.S.
Government has made a special commitment to support these protocols
during the peace process and given this commitment, USAID has made
assistance to these areas a key strategic priority.

Implementation of the CPA at the national level is an enormous challenge
in and of itself. Compounding these challenges is the history and
culture of Sudan that for generations has been notable for the level of
intra-ethnic conflict, particularly around issues concerning wealth
(cattle) and access to natural resources (water and grazing). Sub-groups
of the major ethnic groups are in conflict among themselves, and there
are conflicts among different ethnic groups. Added to this centuries-old
culture are the more recent effects of the civil war between the North
and the South. Arms still proliferate and conflicts can erupt over night
and lead, in the worst cases occur, to hundreds of deaths, abductions
and rape within a matter of days or weeks. Historically, these conflicts
are most prevalent during the dry season when cattle are moved into
communal grazing areas. However, elders and women report that today the
conflicts are more ruthless and violent.

The signing of the CPA caused high expectations from citizens for
tangible peace dividends, honest power and wealth sharing and an end to
the insecurity that has displaced large populations. Communities are
anxious to begin benefiting from stability and development. Given that
the GOSS is just beginning to establish the core institutional
structures of government, it will take some time before it can meet the
needs of its citizens and raise their standard of living. If the GOSS
fails to equitably deliver these peace dividends, however, the risk of
conflict will increase as disaffected ethnic groups could take up arms
to achieve their political aims or solve their economic woes. Inter-and
intra-ethnic tensions and conflict over power and natural resources
remain at the heart of South-South tensions and strains are likely to be
exacerbated by the return of IDPs and refugees.

**B. Past Peace Building Efforts**

USAID/Sudan has supported two peace building projects that are coming to
an end this fiscal year. They are: the Sudan Peace Fund (SPF) and the
South Sudan Transition Initiatives (SSTI).

The objectives of the SPF were to 1) facilitate grassroots
people-to-people peace conferences among communities in conflict; 2)
consolidate people-to-people reconciliation by coordinating
implementation of peace agreements with key authorities and with the
Sudanese diasporas; and 3) deliver rehabilitation inputs or "peace
dividends" to peace committees implementing community-based
reconciliation agreements. SSTI added further program resources and
included responses to "hot spots" and delivery of "peace dividends" in
terms of concrete development projects (e.g., a market or a well). Both
SPF and SSTI worked as one to promote peace initiatives in
SPLM/A-controlled areas of New Sudan. Initiatives focused more at a
local level between and within ethnic groups. Activities that targeted
directly this objective included peace meetings and conferences, the
provision of "peace dividends" such as boreholes for drinking water, and
capacity building of potential peace actors such as peace committee and
community-based organization (CBO) members.

On-going assistance for peace committees raises the question of
sustainability and peace committee members themselves are increasingly
vocal about wanting some kind of recognition and/or compensation. Thus,
on one hand, there is significant need and the potential for enhancing
the impact of these peace-makers, but there are also significant
constraints, including the inability of the public sector to deliver
"justice."

Some key findings of these programs that can help guide future
activities are:

-   Continue to support peace initiatives, but develop a more holistic
    approach including a strategic, longer-term package of assistance;

-   Begin to transform part of SPF and SSTI activities into long-term
    peace initiatives;

-   Engage the emerging Government of South Sudan in peace building
    processes;

-   Support customary laws as an immediate measure for supporting rule
    of law;

-   Continue to strengthen local peace actors;

-   Focus on capacity building for local organizations;

-   Increase access to information and knowledge at the grassroots
    level;

Other findings include:

-   People-to-people interventions contribute to a reduction in violence
    between warring groups, evidenced by a reported reduction in the
    numbers of cattle raids and people killed. However, the entire South
    still lacks functioning police departments and judicial systems that
    communities see as vital to sustaining peace. Peace meetings,
    therefore, are an important part of peace processes, through they
    may provide only temporary solutions if other activities to secure
    the peace re not also done;

-   Ownership of peace conference resolutions is based on follow-up to
    agreed-upon resolutions. Greater information sharing and use of the
    media can enhance program impact;

-   Peace meetings are seen in a positive light, but the logistics
    involved in organizing these meetings are formidable;

-   Women, who can be provocateurs of violence, are recognized as
    powerful peace actors when they are involved in peace activities,
    especially as peace committee members. Strategically supporting
    women and increasing their capacity to assume these new roles is
    important;

-   Youth are seen as some of the main instigators of violence, and
    activities targeting behavior change are needed. Broader, targeted
    strategies to address anti-social behavior are needed;

-   "Peace dividend" infrastructure and water projects were usually not
    well constructed and difficult to manage; their contribution to
    development and improved peace was probably insignificant given the
    needs;

-   A field presence is needed to adequately address management and
    logistical challenges in Southern Sudan;

-   Managing a large number of sub-grants (over 300) contributes to poor
    results. Attempts to work in multiple sectors create additional
    implementation challenges;

-   Radios and bicycles are critical commodities in advancing the work
    of peace committees;

-   There is a strong demand for information;

-   While customary law is an appropriate mechanism for supporting the
    rule of law and resolving local issues; clarification and
    consolidation of customary and 'modern' law practices within regions
    will also help to advance peace.

The history of conflict, marginalization and underdevelopment in
southern Sudan and the Three Areas has shaped the expectations for
socio-economic development, a fair and representative government, and
peace and stability now that the CPA has been signed and is being
implemented. In the post-CPA era, new motivations and structures are in
competition with the traditional context in which conflicts were
resolved in the past. Southerners have been fighting a war of
liberation, and expect to see changes -- i.e., "The New Sudan." The role
of **indigenous mechanisms for conflict resolution** is critical to
sustaining peace, institutionalizing trust in the political process and
reducing vulnerabilities. Large-scale population shifts have and will
continue to create further strain on the already fragile system.
Potential flashpoints at the local level could seriously jeopardize the
implementation of the CPA and the peace-building process if they become
wide-spread through cycles of retribution and violence.

**C. Relationship to USAID Sudan Strategy**

The goal of the USAID/Sudan Strategy Statement is "A Just and Lasting
Peace Secured Through the Successful Implementation of the Comprehensive
Peace Agreement (CPA)." This new strategy goal responds to significant
challenges and opportunities that affect the Southern Sudanese
transition from war to peace. **Geographically, the new strategy focuses
on hotspots in the South, the Three Areas and Khartoum and maintains the
flexibility to respond to flashpoints as they arise. As USAID/Sudan's
strategy expands to include other parts of the country, such as Darfur
and Eastern Sudan, the scope of USAID-funded activities, including this
program, could also be expanded to incorporate these locations.** The
strategy identifies the primary sources of fragility to which USAID is
positioned to respond. While the proliferation of weapons and the
presences of rival military forces are clear and present threats, these
are issues that are being addressed by the UN and other entities of the
USG.

USAID has two Strategic Objectives and one Program Objective to achieve
this goal[^2]. The two Strategic Objectives are: 1) Avert and Resolve
Conflict and 2) Promote Stability, Recovery and Democratic Reform. This
People-to-People Peace Building and Reconciliation Program will
contribute to the achievement of both Strategic Objectives as laid out
below.

**Strategic Objective 9**: **Avert and Resolve Conflict**

USAID believes that support for the implementation of the power and
wealth sharing protocols, as well as the protocols pertaining to the
Three Areas, are essential to avert and resolve conflict. Work within
and among government and civil society entities is also needed to reduce
South-South tension and establish a more secure environment for the
return of IDPs, refugees, ex-combatants and those associated with
fighting forces. This Strategic Objective is comprised of three
Intermediate Results (IRs):

> IR 9.1: Assist the SPLM to Participate Meaningfully in the GONU in
> support of CPA implementation
>
> IR 9.2: South-South Tension Reduced
>
> IR 9.3: Implementation of the Protocols for the Three Areas Advanced

The work of the People-to-People Peace Building and Reconciliation
Program should contribute towards the reduction of South-South Tension
(IR 9.2) and Advancement of the Implementation of Protocols in the Three
Areas (IR 9.3).

[IR 9.2: South-South Tension Reduced]{.underline}

To reduce tensions in the South, USAID will support dialogue at three
key levels of society---people to people, civil society organization
(CSO) to civil society organization, and political party to political
party.

**This RFA is seeking proposals that will support people to people
peace-building in Southern Sudan.** Other USAID implementing partners
are providing support to CSOs and political parties.

[IR 9.3: Implementation of the Protocols for the Three Areas
Advanced]{.underline}

The Three Areas are comprised of the three conflict areas of Nuba,
Southern Blue Nile and Abyei. With the signing of the CPA, Nuba and
Abyei are now located in Southern Kordofan State in the North and
Southern Blue Nile is now part of Blue Nile State in the North.

Critical issues that give rise to conflict in these areas are: land
rights, Sharia Law, the contradictions and lack of interface between
customary and civil law, lack of rights to self-expression, imbalanced
development between the North and South, IDP return, and issues related
to autonomy and self-rule.

Because, these states are part of the "frontline" between the North and
South, new conflicts could easily erupt. In addition, because the
greatest SPLM presence in the North is also in these areas, the parties'
commitment to genuine reform and unity is likely to be tested at a
practical level as they work to resolve issues and implement the
protocols.

**This RFA is seeking proposals that will address people-to-people peace
building efforts in the Three Areas.**

**Strategic Objective 10: Promote Stability, Recovery, and Democratic
Reform**

USAID believes that in order to promote stability, recovery, and
democratic reform that the GOSS must establish core governance
structures, strengthen urban areas, reintegrate people affected by
conflict, and develop an electoral system that will be conducive for
free and fair elections. This Strategic Objective is comprised of three
Intermediate Results (IRs):

> IR 10.1: Core Institutional Structures for an Effective, Transparent
> and Accountable GOSS (public sector) Developed
>
> IR 10.2:  Selected Urban Areas Strengthened
>
> IR 10.3: An Electoral System Conducive for Free and Fair Elections
> Established.
>
> IR 10.4:  Persons Affected by Conflict Reintegrated

**The work of the People-to-People Peace Building program should
contribute towards strengthening urban areas (IR 10.2) and reintegrating
persons affected by conflict (IR 10.4).**

[IR 10.2: Selected Urban Areas Strengthened\
]{.underline}

Southern Sudan's urban centers-many of them former garrison towns
controlled by the North-will experience significant population growth as
the Sudan Armed Forces (SAF) departs, internally displaced persons
return, and Southern Sudanese people migrate to urban centers in search
of employment and access to public and social services. Stability will
potentially be threatened by sharp increases in concentrated, urban
populations demanding visible peace dividends, disenfranchised and
unemployed groups (youth and ex-combatants in particular), and health
hazards presented by a large concentration of people in areas with
inadequate public services. The sum total of such threats could quickly
translate into unmanageable urban unrest, while urban development would
create significant opportunities for recovery. USAID has identified
urban areas as key locations in which to target assistance.

**This RFA is seeking proposals that will address people to people peace
building efforts in the urban centers and counties of Juba, Wau,
Malakal, Aweil and Yei.**

[IR 10.4: Persons Affected by Conflict Reintegrated]{.underline}

The CPA set the stage for South Sudan's internally displaced populations
to return to their homes in 2006 and beyond. Sudan's 22-year North-South
civil war left the world's greatest number of displaced persons -- more
than four million people were forced from their homes in Southern Sudan,
550,000 of who went to neighboring countries. Many of these people have
been displaced for more than two decades.

USAID is concerned about the potentially destabilizing impact of
returnees in the South (IR 9.2), the Three Areas (IR 9.3) and in Urban
Areas (IR 10.2). IDP returns present a potential for conflict caused by
social differences among IDP and the members of the communities to which
they are returning. IDPs have, in some cases, been displaced for the
past two decades and have experienced a different lifestyle and reality
than those who stayed behind.

**This RFA is seeking proposals that will address people to people peace
building efforts for displaced persons in the urban centers and counties
of Juba, Wau, Malakal, Aweil, Yei and the opposition held territories of
the Three Areas.**

**II. Analyses**

The following provides summaries of some of the analyses relevant to
this RFA. The summaries are offered as a guide and are not intended to
substitute for the applicant's own knowledge or research. Section VI
lists additional reference documents that are attached to this RFA.
Applicants are encouraged to use the documents referenced in Part VI.

[Causes of Conflict]{.underline}

The signing of the CPA offered an exceptional opportunity to turn the
devastation of years of war and underdevelopment into an era of peace
and prosperity. The commitments in the CPA to reform (e.g., freedom of
expression, elections, respect for human rights, etc.) offer a
relatively short-window to shape public opinion over the period leading
up to the 2011 referendum to support the evolution of a democratic
society. Use of a conflict framework or "lens" can help in understanding
the context of deep-seated and complex structural issues in which peace
and development in Sudan are being promoted.[^3]

Improvements in governance and capacity are needed by "peace"
institutions at all levels, but especially at local ones, in order to
bridge the gap between people and the authorities and to establish
social contracts. Civil society is recognized in the protocols as
playing a critical role in this process, not only in service delivery,
but also in maintaining momentum for the political, social and economic
transformation. The critical role of traditional authorities in
promoting peace, reconciliation and accountability at the grassroots
level is also recognized. Furthermore, these peace actors -- traditional
authorities, peace committees, spiritual leaders and others -- serve to
represent the voices of the people and thereby ensure that their
individual rights are safeguarded.

The principle causes of conflict at various levels can be summarized as
follows:

-   The historical use of violence (e.g., raiding, abductions, rape,
    murder) to settle cultural differences and conflicts over resources,
    with some experts saying that the competition for resources has
    intensified since the 1990s;

-   The underdevelopment of the South and its exclusion from
    decision-making;

-   The bitter wars and contests in The Three Areas;

-   High loss of life and displacement of millions of people; and

-   The resulting insecurity, trauma and fear of further conflict.

While this RFA does not address all conflict issues, the performance of
key institutions will have an impact on the overall effectiveness of the
efforts of peace building organizations such as the peace committees,
traditional authorities and other grassroots peace actors. Grassroots
interlocutors repeatedly cite the need for the rendering of "justice"
before they say the peace can be consolidated. Thus among the most
formidable challenges that affect this RFA are:

-   Expectations that the constitution will "protect their rights and
    guarantee that their government will embody the will of the
    people."[^4]

-   The likelihood that tangible peace benefits in the form of food,
    services and "justice" will be slower in delivery then people
    expect;

-   The lack of access to justice due to the insufficient numbers of
    courts and staff, and especially in the south, the absence of
    adequate numbers of "professional" judges;

-   The inability to apprehend suspects and hold them, as well as,
    retrieve and return the kidnapped and looted property and enforce
    judgments. This is caused by the under-equipped and under-trained
    police force and the lack of a correctional system. Compounding
    these problems is the use of demobilized soldiers as police officers
    while citizens say that they don't have the "right mentality" to
    serve as peace makers;

-   The lack of coherence between statutory civil and criminal law and
    customary law; and the lack of harmony between international
    standards and domestic legislation to protect women's rights;

-   Citizen suspicion of "modern" judges as neutral arbitrators and an
    expressed preference for decentralized power and local decision
    making where traditional authorities (chiefs, sub-chiefs, "judges")
    be represented in the arbitration of cases and in determining the
    veracity and weight of witness testimony;

-   While corruption is reported to be "not as rampant" as in some other
    cultures, certainly there are long-standing grievances around the
    looting and confiscation of cattle by the military and its leaders.
    In addition, citizens express a belief that corruption is an
    ubiquitous problem and people fear that it will create conflict if
    not addressed;

-   The need for more rapid reform in establishing decentralized
    structures, responsible for service delivery as well as
    administration, including the administration of justice;

-   The slow pace of disarmament and the breakdown of cultural norms
    resulting from the evolution of a more violent culture after decades
    of conflict and human rights abuses; and

-   The lack of citizen knowledge about the constitutional mechanisms
    through which they can protect their rights.

Strengthening the rule of law becomes more difficult under these
circumstances thus potentially giving wider scope for the role that
peace building organizations can play in achieving a just and lasting
peace. Given these circumstances and the potential for influencing
positive change in this dynamic period, applicants will need to

consider which activities should be contained in their applications and
what results are proposed given the causes of conflict and the
constraints in the institutional setting.

[Traditional Authorities]{.underline}

This RFA requests that applicants develop and build on mechanisms that
enhance the role of traditional authorities (chiefs, sub-chiefs,
"judges", spiritual leaders) in this program. While these are not the
only interlocutors for peace, they have proven to be key collaborators.
A 2004 conference of traditional leaders[^5] provided a set of
recommendations and resolutions that are relevant to this RFA,
including:

-   A commitment to resolving disputes amicably and peacefully through
    legitimate institutions and a call upon their respective communities
    to live in a spirit of mutual forgiveness, reconciliation and
    tolerance without reference to past events or any prejudices
    attached thereto.

-   Recommended establishment of peace-building networks and
    institutions devoted to popularizing the sentiments and values of
    peaceful coexistence within and among communities.

-   Challenged respective communities to defeat every effort aimed at
    endangering peaceful coexistence, stability, prospects for recovery
    and development of the New Sudan.

-   Encouraged the return, resettlement and reintegration of internally
    displaced persons and refugees to their homes and country, the
    development of viable and attractive programs to facilitate their
    resettlement and reintegration into communities, including those
    that target the highly skilled professionals in exile to encourage
    their return and participation in reconstruction and development
    programs.

-   Enhance the role and responsibilities of Chiefs and Traditional
    Leaders in all aspects, including training program, particularly in
    regard to the tenure and ownership of lands and other resources
    belonging to their respective communities.

-   Called for the standardization of the legal environment (criminal
    and civil/traditional laws).

-   Recommended a number of media activities, including: the provision
    of TV and Radio programs, mobile cinemas; publication of newsletters
    and other means of disseminating information on peace-building
    activities; and the promotion of local media cultural information
    and models of good practice through national networks. Encouraged
    the development of a "liberalized: local media services in all
    counties in indigenous languages.

-   Recommended targeted programs for youth and women including
    practical policies, programs, youth centers and sports facilities in
    order to engage the youth in productive activities and inter-county
    and inter-cultural youth events. The chiefs also "encourage and
    support inter-marriages amongst the youth of New Sudan and to
    provide them with all necessary guidance, moral support and
    assistance ... in such regards."

[Peace Committees]{.underline}

Peace committees are an outgrowth of the early peace conferences in
Wunlit and elsewhere in the late 1990s and thereafter. These local
structures were usually appointed/elected as a result of various
conferences.

The roles that the committees play in peace building -- negotiating and
listening, determining recompense and justice in collaboration with the
traditional authorities and the courts -- have been shown to mitigate
and lessen conflict. However, the impact of these grassroots
organizations could be increased by strengthening those that exist,
promoting the creation of new committees, and building their capacity.
Notwithstanding their resource and human capacity weakness, these
committees offer one of the few Alternative Dispute Resolution
mechanisms that have been used to effectively reduce ethnic tensions and
conflict over resources. Based on citizen interviews, experts also agree
that the enhanced use of the media to disseminate peace messages and
resolutions would broaden and deepen the impact of these community based
organizations.

One of the most significant contributions made by promoters of peace
committees was their successful efforts to include at least three women
in the 7-or-so member committees. Traditional, civilian and military
authorities, acknowledge women's contribution to the liberation, note
their suffering and praise their role as dedicated peace makers in
communities. Nevertheless, women can provoke conflict by providing their
"blessings" to raiding parties and other aggression among the "youth."

The committee members have in some cases served for years as volunteers
receiving no compensation other than recognition by the community of
their role as "peace makers." However, these individuals are called on
to make sacrifices, walk huge distances and at times take risks when
negotiating among hostile groups. There is some disgruntlement and now
an expectation that the "peace dividend" will also bring some recompense
for the work that they do.

In a few cases, umbrella peace councils have emerged. They offer a
structure that can be effective in negotiating among groups within an
area as well as hosting and mediating with councils and committees from
other ethnic groups or areas. A few have rudimentary conference
facilities that allow them to host peace conferences that can involve
hundreds of people as they work through the history and "facts" of a
particular dispute. Similarly, a number of indigenous NGOs and churches
offer facilities as well as training and facilitation services and have
proven to be effectively collaborators in peace building. These groups
have been critical participants in this process and offer capacity,
though weak, that understands the complexities of the culture and the
sources of conflict.

Finally, Peace Committees and their respective councils offer an
opportunity to build on traditional structures while preserving
mechanisms for communities and citizens to participate directly in their
own governance and democratic processes as they will be critical to the
"New Sudan" if it is to emerge as a democratic society.

There are a number of threats to the survival of these committees: (1)
the power vacuum in government and hence its inability to respond to
community demands for policing and justice; (2) growing frustration or
burn-out of the volunteers; (3) the expectations of the "peace dividend"
and the government of the "New Sudan" to provide food and justice in a
relatively short period; and (4) the potential for the emergent
government structures to perceive the work of the committees as a threat
to government responsibilities. However, at the local level, the peace
committees in Southern Sudan have enjoyed a good relationship with
SPLA/M authorities and have actively involved political leaders as well
as county administrators. Nevertheless, if traditional mechanisms are to
be used to resolve conflict, greater clarity will be needed on the
respective role of the committees and the civil authorities. Further the
lack of coherence between customary law and civil/criminal law will
continue to plague the efforts of committees as communities are left
with "no justice" and no resolution of cases. Thus, the committees "do
their job" of identifying perpetrators and aggressors, but it has proven
extraordinarily difficult to obtain judgements and implementation of
them so that communities have a sense of restitution and justice that
would allow for a more permanent reconciliation with their neighbours.

Historically peace committees have been involved mostly in resolving
traditional conflicts having to do with resources and cultural clashes.
However, given the changing conditions -- like the return of IDPs and
refugees -- new issues and new dynamics are likely to create the
conditions for new kinds of conflict. While communities almost
universally are welcoming and support the homecoming of the exiled
"family," the additional stress around resource allocation issues will
certainly challenge the capacity of peace committees and other peace
actors. Further, the membership and "authority" figures in the committee
may need to adapt for the changing circumstances, especially if they are
to be replicated in urban setting. Hence, while these peace committees
potentially can play a positive role in peace building around the
CPA-related challenges provided they need to be adequately equipped to
meet these new challenges.

[Urban Centers and Garrison Towns]{.underline}[^6]

Compared to past USAID "people-to-people" efforts, this program will add
a focus on urban centers. The following information is provided to
applicants as an informal guide. Additional references should be
consulted, including those attached, to the RFA.

The British colonial administration developed the towns of Southern
Sudan[^7] establishing them as government and military headquarters as
well as the loci for courts of law. Mission centers and markets grew up
in these centers, but were surrounded by vast areas of wilderness.
Nevertheless, they served as centers that linked remote neighboring
regions and a place where diverse peoples met. Rains often cut off
communication links for several months annually.

During the 1950s with the changing climate of a dominant North in an
independent Sudan, the southern towns were used as staging grounds in a
multi-pronged attempt to control the public administration, trade and
culture. The 1960s marked a period of fear with the GOS waging a
strategy to weaken rebel support, especially in towns by targeting the
"elite" and displacing and killing hundreds of people. With the signing
of the 1972 Addis Ababa agreement, many people returned to the towns,
but their stay was short-lived due to the launch of the Sudanese
Peoples' Liberation Army (SPLA) resistance movement in 1983. At this
juncture, the Southern towns became strategically vital for both the GoS
and SPLA in their respective efforts to control the war arena. Towns
frequently changed hands several times within months and their
populations were repeatedly subjected to the newest conquering forces
and counter-insurgency. By the mid-1990s, a "siege" war was in place
with the SPLA holding some of the key Southern towns, besieging the rest
while holding control in large swathes of the rural areas. A pattern of
annual "dry season" offensives saw renewed attempts to recapture
locations by both sides, with resulting enormous displacements of
civilians.

As a result of the conflict in garrison towns:

-   Most infrastructure sustained severe damage or destruction,
    buildings and infrastructure lay in ruins, leaving behind
    heavily-defended positions with minefields and a heavy military
    presence.

-   Populations in these centers have suffered enormous trauma involving
    fighting (aerial bombardments, artillery exchanges, mines),
    isolation, coercion, summary executions, mass murder, rape,
    arbitrary arrests, detentions and torture.

-   Despite the formal peace, tthreats to personal safety remain high
    due to the presence of traumatised and armed soldiers and
    ex-combatants. The aftermath of this trauma is particularly
    prevalent in the SPLM towns where there are garrisons. Women are
    especially at risk.

-   The population has also suffered from resource exploitation and the
    domination of trading by "Jellaba[^8]" traders, proselytizing by
    NGOs that used food to force conversion, rampant corruption and a
    legacy of diverted food relief.

-   Local populations have not been represented as key positions are
    given to "foreigners" or Northerners and most decision-making was
    and is by the central government.

There is an abundance of seemingly overwhelming challenges. These
include, the continued arming and training of armed militia, poor
governance, a heavy military presence, the lack of opportunities for
ex-fighters, and weak or non-existent legal institutions to deal with
land dispute and other conflicts over resources. In SPLM areas, many
county and municipal departments have no staff. By comparison, the
garrison town, while now formally in the control of the south as a
result of the CPA, are relatively well-staffed. This is perhaps partly
due to the number of civil servants that are still paid by the north and
who remain on-the-job. The fate of this cadre will have to be determined
as the GOSS decides whether to retain the staff that was employed by the
GoS or replace them with Southerners who were loyal to the SPLM/A.
However, there is an overall lack of capacity in the line ministries
(especially health and education) that is affecting service delivery.

Meanwhile, the rudimentary police forces that exist in the SPLM areas
are only beginning to be formed and trained. They generally have neither
uniforms nor regular salaries -- but, they are armed. The judiciary
exists in an embryonic form. It is usually politically aligned with the
SPLM and also unpaid. Stories of 'mob rule' and 'rough justice' abound
in some urban areas, but appear to be less of a problem in the garrison
towns where the GOS police are uniformed and have a strong presence.

The challenges also include the rapid influx of IDPs, including a large
number of the disabled who seem to be clustering in urban centers,
perhaps partly because of their inability to engage in the rigors of
rural agricultural life. Hence the returnees to both new and old urban
centers find destroyed or inadequate infrastructure, sanitation systems,
no schools, few health services, as well as, few employment
opportunities. However, arms still proliferate. These conditions could
cause an eruption of new conflicts and unrest. Notwithstanding, the
Southern towns still hold enormous strategic importance and offer
opportunities for emerging economic activity.

In summary, the potential for conflict in urban centers is increasing
and there are indications that some of the most contentious issues
involve land management, including the allocation of land to returnees
and the lack of procedures for resolution and compensation of land
disputes. While, it is anticipated that the UN supported disarmament,
demobilisation and reintegration (DDR) process, will provide counselling
to ex-combatants and have a wider impact on the rule of law in urban
areas in Southern Sudan, there is scope for interventions that foster
collaboration and peace building in urban communities.

[Internally Displaced Persons (IDPs)]{.underline}

Sudan has approximately 5.8 million internally displaced persons (IDPs),
the greatest number of displaced persons in the world. An estimated 4
million people were displaced during Sudan's North-South civil war, not
including the 1.8 million displaced by the new Darfur conflict. The
Comprehensive Peace Agreement signed on January 9, 2005 ending the
21-year North-South civil war has created a more favorable environment
for IDPs to return to their homes in the South and the Three Areas.

The primary responsibility for the protection of civilians, including
IDPs and returnees, rests with national authorities, in this instance
the Government of National Unity and Government of South Sudan. Both
parties to the conflict reaffirmed this responsibility in the Joint
Humanitarian Aid Commission and Sudan Relief and Rehabilitation
Commission Policy Framework for the Return of Displaced Persons in a
Post-Conflict Sudan, signed July 13, 2004. The Sustainable Returns Team
(SRT), staffed by the UN and NGOs, supports the Humanitarian Aid
Commission in Khartoum and the Sudan Relief and Rehabilitation
Commission in Juba to plan and coordinate IDP and refugee returns. OCHA,
UNHCR, IOM and NRC have lead international roles in preparing for
returnees.

It is evident that since the January 2005 signing of the Comprehensive
Peace Agreement, population movements have increased in all directions
including South to North. The SRT estimates that nearly 740,000 people
(600,000 IDPs and 140,000 refugees) returned to their home counties
under SPLM administration in the South and the Three Areas during 2004
and another 160,000 people returned during the first six months of 2005.
Quantifying the spontaneous returns of IDPs and refugees to the South
and transition zone is difficult given the varied circumstances and
broad geography of displacement. Systematic and reliable enumeration and
monitoring of returnees is still not in place.

In the context of the North-South civil war, the greatest share by far
of international assistance goes to the vast war-affected rural areas of
the South and the Three Areas from which most IDPs and refugees
originally come. Existing services (primary health care, clean water,
education, food security) are far below international standards for most
of the 12 million people estimated to be living in the South. The return
of IDPs and refugees to these areas will place considerable strain on
the meager infrastructure.

In the North-South context, IDPs are scattered almost equally in
northern urban centers and throughout the South. In the greater Khartoum
area, an estimated 2 million southern Sudanese IDPs reside in four
official IDP camps and numerous "squatter areas" not recognized by GOS.
Many have been displaced for more than two decades and are greatly
changed from when they left their mainly rural home communities. Many
IDP children have never known any other way of life. Some IDPs have been
integrated into host communities, while others have remained isolated
and marginalized. Those in camp and urban settings generally have better
access to services and employment opportunities than those in their
rural homes.

"Push" factors may force southern IDPs in the North to return to
Southern Sudan. These include mass job layoffs, shelter demolitions,
high cost of food and household commodities, the denial of access to
basic services, arbitrary detentions and refusal of the GoS to recognize
the legal status of IDPs. Two disincentives for southern IDPs to return
to Southern Sudan are insecurity and lack of basic services. While
security in the South has greatly improved since GOS and SPLM ceased
hostilities in October 2002, banditry and communal tensions are common
in many rural areas because of the "government gap" and lack of law and
order.

Numerous challenges persist. The CPA brings high expectations from
citizens for tangible peace dividends, honest power and wealth sharing,
and an end to the insecurity that has displaced more than 4 million
people from Southern Sudan and caused an additional 550,000 refugees to
flee to neighboring countries. The reintegration and safe transition of
displaced and other affected people, including ex-combatants and
orphans, is essential. To ensure stability, communities where they
reintegrate will need assistance developing water systems, health
systems, schools, transportation routes, vocational training, and
business and agricultural inputs. Implementation of the CPA is slow.
Instability continues to plague Darfur, despite the fact that the
African Union--sponsored talks in Abuja, Nigeria, have recently yielded
a negotiated settlement between one faction of the rebels and the GONU.
Institutions and capacities are nascent throughout Southern Sudan, and
the political and administrative infrastructure of the new governments
remains weak. Joint integrated defense units of the SPLM and Sudanese
Armed Forces (SAF) have yet to be established, so the SAF has not
withdrawn from garrison towns.

In Southern Sudan, the long war's shifting political alliances and
South-South fighting displaced an estimated 2 million people. Most of
these live in rural areas with host communities where they have access
to farm land or own livestock. The main locations of IDPs in town and
camp settings in the South are Juba, Malakal, Wau, Eastern Equatoria
(Magwi country) and Central Equatoria (Kajo Keji county). Many
communities throughout the South moved into the bush for safety during
the war, when GoS mechanized forces traveled on the main roads and
rivers. Some areas, especially in tribal border zones where pastoralist
communities meet, remain unpopulated and home to opportunistic bandits
and looters. The end of the war and the removal of the GoS/SPLA front
lines will start a series of population movements within the South as
people return to their communal areas and preferred land.

**III. Purpose**

[\
]{.underline}**A. Introduction**

In order to promote stability in southern Sudan, USAID is supporting
programs that target issues that most threaten the successful
implementation of the CPA and link to the Intermediate Results (IR)
identified in Section I-C above. All program activities must demonstrate
a contribution to achieving the overall USAID strategic goal of "A just
and lasting peace secured through the successful implementation of the
CPA."

Since 1989, USAID has contributed over \$1 billion in humanitarian
assistance to Sudan. In 1998, USAID resumed development assistance
through the Sudan Transitional Assistance for Rehabilitation (STAR)
program and then deepened its involvement with "people-to-people" peace
activities in 2002 with the launch of the Sudan Peace Fund (SPF) small
grants program. The SPF was conceived as a follow-up to the grassroots
reconciliation and community harmonization initiatives in South Sudan,
notably the Wunlit peace conferences of 1999 and 2002 led by the New
Sudan Council of Churches. In May 2003, the South Sudan Transition
Initiatives (SSTI) began adding considerable resources to the total
USAID-supported local "peace building" activities. Both programs were
implemented by Pact, and were based on earlier "peace conferences" that
relied on traditional methods for grassroots conflict resolution and
reconciliation, but also brought modern institutional actors (local
government, churches, NGOs) into the process. USAID wishes to take
advantage of the opportunities offered by this experience, but at this
juncture, will require more geographic focus now that the peace has been
formalized, and a higher standard of strategic decision making in
selecting activities and areas of intervention. In addition,
simultaneously, more focus must be put on **strengthening indigenous
mechanisms, such as traditional authorities and peace committees, for
conflict resolution** and building the concept of sustainability.

In addition, USAID Sudan has now identified key urban areas in southern
Sudan and the former opposition-held territories in the Three Areas as
potential flashpoint locations where targeted interventions can have a
broad-scale positive impact. These urban centers are: Juba, Malakal,
Wau, Aweil, and Yei. The Three Areas are Nuba, Southern Blue Nile and
Abyei. The locations in southern Sudan also correspond to the main
locations of IDPs in town and camp settings. Existing services (primary
health care, clean water, education, food security) in these locations
are already far below international standards, yet it is anticipated
that southern Sudan's urban centers will continue to experience
significant population growth as IDPs, returning refugees, and Southern
Sudanese people migrate to urban centers in search of economic
opportunities and access to public and social services. Stability will
potentially be threatened by sharp increases in concentrated, urban
populations demanding visible peace dividends, disenfranchised and
unemployed groups, and health hazards presented by a large concentration
of people in areas with inadequate public services. Other USAID programs
are investing in essential services and community infrastructure to
address the material needs.

**B. Purpose of the Cooperative Agreement**

The overall purpose of the program is to **target and mitigate local
level conflict that could escalate and destabilize the CPA.** This
program will: 1) address threats to the CPA at the local level; 2)
target flashpoints in urban centers and their counties, as well as, the
former opposition-held territories in South Kordofan and Blue Nile; 3)
enhance the capacity of Traditional Authorities, Peace Committees and
other peace actors by building their skills to be effective in resolving
conflict (training in dispute resolution, arbitration, gender

awareness, cultural sensitivity, and conflict management are a few
possible examples); 4) b*uild the capacity of peace institutions,
including the Peace and Reconciliation Commission* for the GOSS that
shall host at least once yearly a conference/workshop of traditional and
local authorities and other peace institutions for the purpose of
monitoring conflict levels and other cooperative efforts as may be
identified by the participants. Applicants may propose other activities
that they judge to be critical to securing a just and lasting peace
through implementation of the CPA.

Thus, USAID Sudan is requesting applications for a Cooperative Agreement
(CA) that will implement activities that contribute to the achievement
of the above-identified SOs and IRs. The specific purpose of the program
is to **"target and mitigate conflict in the urban centers and their
counties in southern Sudan, key locations in the Three Areas as well as
other key flashpoint locations as identified, by building viable
indigenous conflict resolution capacities."**

USAID anticipates awarding an initial five-year **\$14 million**
Cooperative Agreement, subject to the availability of funds resulting
from this RFA process. Applications should cover the agreement period
beginning in September 2006.

# 

# C. Essential Program Parameters & Guidance for Applicants on Key Issues & Implementation Questions

This section includes information on key program parameters and issues
that the applicants should address in their proposed approach and
methodology, selection of institutions, sectors and collaborators.
Because USAID encourages bidders to clearly explain their analyses and
proposals, much of the following poses questions for the applicants. In
those cases, where USAID has a strong preference or wishes to provide
specific program parameters, statements are made to that effect.

[Strategic Choices]{.underline}

-   As Southern Sudan faces the future, what \"transitional\" issues
    (e.g., migration/return of IDPs, oil revenue sharing, break down of
    values, arms proliferation) are most important and most threaten the
    national peace with the North? How would you address or be prepared
    to address both over the life of the Cooperative Agreement?

-   What approach to making strategic decisions would the applicant
    take, bearing in mind that the donor\'s over-arching strategic goal
    of "A Just and Lasting Peace Secured through the Successful
    Implementation of the Comprehensive Peace Agreement"? How does the
    applicant propose to obtain agreement from USAID on strategic
    choices and input into programmatic criteria.

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-   USAID expects applicants will propose how it would allocate the \$14
    million proposed for the life-of-grant funding and how this
    allocation supports the purpose of the Cooperative Agreement.

-   How will the proposed criteria provide the information to assist in
    making the above choices?

[Technical Approach/Methodology]{.underline}

-   Based on the above, the Applicant should propose a plan for the
    desired interventions in the targeted areas in Southern Sudan. This
    plan should include identification of how work with traditional
    authorities, other peace committees and other peace actors, and the
    Peace and Reconciliation Commission will be accomplished, the
    respective roles of each in the activities, including any capacity
    building that the applicant proposes as critical to playing the
    assigned role in implementation.

-   In presenting the plans, applicants should answer questions that
    include the following:

> What linkages will be built with other USAID programs that will
> address conflict-related issues (e.g., support for the development of
> civil laws, land tenure issues, support for the return of IDPs, civic
> education, civil society strengthening, market development, etc.)?
> Which of these activities have the greatest potential contribution for
> peace building? How would the applicant collaborate with other USAID
> implementing partners?
>
> While nascent peace structures exist in many rural areas, USAID has
> not supported urban-based structures involved in peace. What other
> non-government actors will have "authority" in an urban setting? How
> does the applicant propose to assist them? **How can peace committee,
> traditional leaders and other indigenous conflict resolution
> mechanisms be linked to the GOSS Peace and Reconciliation
> Commission?**
>
> What organizational weaknesses are most evident in the peace
> committees and other peace organizations, including traditional
> authorities? What programs or activities would be sponsored (or
> services acquired) to ensure that the key actors obtain a minimum set
> of "skills" that are most directly attributable to peace building?

-   Given the significant cultural and historical differences among
    areas, how does the applicant propose to gain entry to the
    identified partners? Does the applicant have entrée in the program
    areas due to previous activities?

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-   How does the applicant propose to introduce the concept of
    "sustainability" and "self reliance" into the program? What
    indicators of greater Sudanese ownership would USAID expect to see
    at the end of the five-year program period?

[Gender Issues]{.underline}

USAID's Fragile State Strategy recognized that there is a strong
correlation between state fragility and inequitable treatment of women.
The challenges of a strategy which emphasizes equity for women are great
in the context of Southern Sudan, where there is widespread,
culturally-based discrimination and the prevalence of traditional
practices that limit women's development. While interventions in
Southern Sudan should be designed with sensitivity and respect for
culture and tradition, promoting women's rights and encouraging their
participation will invariably involve challenging the normative social
values that promoted inequity in the first instance.

While USAID is providing substantial assistance to women's groups
through the Civil Society Strengthening program and increasing women's
access to education and distance learning, it is also obvious that women
(and children) are among the most vulnerable when conflict erupt and are
acknowledged by all to be critical peace actors or provocateurs.
Successful applicants will demonstrate how women's needs are met through
this program.

[Management Structures & Implementation]{.underline}

-   The managerial and logistical demands on the Recipient will be very
    significant, because of the program's extensive geographic coverage.
    Thus, proposals should include the applicant's plan for operating in
    the harsh Southern Sudan environment. USAID strongly believes that
    the Award Recipient needs to have a consistent presence in the
    locations in which they work.

-   USAID recognizes the extreme conditions in Southern Sudan, but
    because there are limited resources and extraordinary conflict
    resolution needs, it wants to maximize the level of program
    resources going directly to the targeted partners rather than incur
    disproportionately high program management and oversight costs.
    Thus, USAID has a preference for a lean management structure that is
    cost-effective (i.e., minimizes delivery costs).

-   Applicants should propose an appropriate field management structure
    and give consideration to having an operational "headquarters" in
    Juba as well as a small presence in Nairobi for administrative
    support, communication with USAID, other donors, etc

#  

# SECTION D

U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT

CERTIFICATIONS, ASSURANCES, AND OTHER STATEMENTS OF RECIPIENT \[1\]\[2\]

##  PART I - CERTIFICATIONS AND ASSURANCES

**1. ASSURANCE OF COMPLIANCE WITH LAWS AND REGULATIONS GOVERNING NON-**

**DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS**

\(a\) The recipient hereby assures that no person in the United States
shall, on the bases set forth below, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination
under, any program or activity receiving financial assistance from
USAID, and that with respect to the grant for which application is being
made, it will comply with the requirements of:

\(1\) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352, 42
U.S.C. 2000-d), which prohibits discrimination on the basis of race,
color or national origin, in programs and activities receiving Federal
financial assistance;

\(2\) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
which prohibits discrimination on the basis of handicap in programs and
activities receiving Federal financial assistance;

\(3\) The Age Discrimination Act of 1975, as amended (Pub. L. 95-478),
which prohibits discrimination based on age in the delivery of services
and benefits supported with Federal funds;

\(4\) Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et
seq.), which prohibits discrimination on the basis of sex in education
programs and activities receiving Federal financial assistance (whether
or not the programs or activities are offered or sponsored by an
educational institution); and

\(5\) USAID regulations implementing the above nondiscrimination laws,
set forth in Chapter II of Title 22 of the Code of Federal Regulations.

\(b\) If the recipient is an institution of higher education, the
Assurances given herein extend to admission practices and to all other
practices relating to the treatment of students or clients of the
institution, or relating to the opportunity to participate in the
provision of services or other benefits to such individuals, and shall
be applicable to the entire institution unless the recipient establishes
to the satisfaction of the USAID Administrator that the institution\'s
practices in designated parts or programs of the institution will in no
way affect its practices in the program of the institution for which
financial assistance is sought, or the beneficiaries of, or participants
in, such programs.

\(c\) This assurance is given in consideration of and for the purpose of
obtaining any and all Federal grants, loans, contracts, property,
discounts, or other Federal financial assistance extended after the date
hereof to the recipient by the Agency, including installment payments
after such date on account of applications for Federal financial
assistance which were approved before such date. The recipient
recognizes and agrees that such Federal financial assistance will be
extended in reliance on the representations and agreements made in this
Assurance, and that the United States shall have the right to seek
judicial enforcement of this Assurance. This Assurance is binding on the
recipient, its successors, transferees, and assignees, and the person or
persons whose signatures appear below are authorized to sign this
Assurance on behalf of the recipient.

Solicitation No.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Application/Proposal No.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date of Application/Proposal
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name of Applicant/Subgrantee
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Typed Name and Title
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**2. CERTIFICATION REGARDING LOBBYING**

The undersigned certifies, to the best of his or her knowledge and
belief, that:

\(1\) No Federal appropriated funds have been paid or will be paid, by
or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal
contract, grant, loan, or cooperative agreement.

\(2\) If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL,
\"Disclosure of Lobbying Activities,\" in accordance with its
instructions.

\(3\) The undersigned shall require that the language of this
certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.

This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, United
States Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than \$10,000 and not
more than \$100,000 for each such failure.

Statement for Loan Guarantees and Loan Insurance

The undersigned states, to the best of his or her knowledge and belief,
that: If any funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this commitment
providing for the United States to insure or guarantee a loan, the
undersigned shall complete and submit Standard Form-LLL, \"Disclosure
Form to Report Lobbying,\" in accordance with its instructions.
Submission of this statement is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required statement shall be subject to a
civil penalty of not less than \$10,000 and not more than \$100,000 for
each such failure.

Solicitation No.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Application/Proposal No.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date of Application/Proposal
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name of Applicant/Subgrantee
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Typed Name and Title
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

## 3. KEY INDIVIDUAL CERTIFICATION NARCOTICS OFFENSES AND DRUG 

##  TRAFFICKING (ADS 206.3.10)

I hereby certify that within the last ten years:

1\. I have not been convicted of a violation of, or a conspiracy to
violate, any law or regulation of the United States or any other country
concerning narcotic or psychotropic drugs or other controlled
substances.

2\. I am not and have not been an illicit trafficker in any such drug or
controlled substance.

3\. I am not and have not been a knowing assistor, abettor, conspirator,
or colluder with others in the illicit trafficking in any such drug or
substance.

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title/Position: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Organization:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date of Birth:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

NOTICE:

1\. You are required to sign this Certification under the provisions of
22 CFR Part 140, Prohibition on Assistance to Drug Traffickers. These
regulations were issued by the Department of State and require that
certain key individuals of organizations must sign this Certification.

2\. If you make a false Certification you are subject to U.S. criminal
prosecution under 18 U.S.C. 1001.

**4. CERTIFICATION REGARDING TERRORIST FINANCING IMPLEMENTING E.O.
13224**

**(AAPD 04-14, SEPT 2004)**

> By signing and submitting this application, the prospective recipient
> provides the certification set out below:

1\. The Recipient, to the best of its current knowledge, did not
provide, within the previous ten years, and will take all reasonable
steps to ensure that it does not and will not knowingly provide,
material support or resources to any individual or entity that commits,
attempts to commit, advocates, facilitates, or participates in terrorist
acts, or has committed, attempted to commit, facilitated, or
participated in terrorist acts, as that term is defined in paragraph 3.

2\. The following steps may enable the Recipient to comply with its
obligations under paragraph 1:

a\. Before providing any material support or resources to an individual
or entity, the Recipient will verify that the individual or entity does
not (i) appear on the master list of Specially Designated Nationals and
Blocked Persons, which list is maintained by the U.S. Treasury's Office
of Foreign Assets Control (OFAC) and is available online at OFAC's
website : <http://www.treas.gov/offices/eotffc/ofac/sdn/t11sdn.pdf>, or
(ii) is not included in any supplementary information concerning
prohibited individuals or entities that may be provided by USAID to the
Recipient.

b\. Before providing any material support or resources to an individual
or entity, the Recipient also will verify that the individual or entity
has not been designated by the United Nations Security (UNSC) sanctions
committee established under UNSC Resolution 1267 (1999) (the "1267
Committee") \[individuals and entities linked to the Taliban, Usama bin
Laden, or the Al Qaida Organization\]. To determine whether there has
been a published designation of an individual or entity by the 1267
Committee, the Recipient should refer to the consolidated list available
online at the Committee's website:
<http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm>.

c\. Before providing any material support or resources to an individual
or entity, the Recipient will consider all information about that
individual or entity of which it is aware and all public information
that is reasonably available to it or of which it should be aware.

d\. The Recipient also will implement reasonable monitoring and
oversight procedures to safeguard against assistance being diverted to
support terrorist activity.

3\. For purposes of this Certification-

a\. "Material support and resources" means currency or monetary
instruments or financial securities, financial services, lodging,
training, expert advice or assistance, safehouses, false documentation
or identification, communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, and other physical
assets, except medicine or religious materials."

b\. "Terrorist act" means-

> \(i\) an act prohibited pursuant to one of the 12 United Nations
> Conventions and Protocols related to terrorism (see UN terrorism
> conventions Internet site:
> <http://untreaty.un.org/English/Terrorism.asp>); or
>
> \(ii\) an act of premeditated, politically motivated violence
> perpetrated against noncombatant targets by subnational groups or
> clandestine agents; or
>
> \(iii\) any other act intended to cause death or serious bodily injury
> to a civilian, or to any other person not taking an active part in
> hostilities in a situation of armed conflict, when the purpose of such
> act, by its nature or context, is to intimidate a population, or to
> compel a government or an international organization to do or to
> abstain from doing any act.

c\. "Entity" means a partnership, association, corporation, or other
organization, group or subgroup.

d\. References in this Certification to the provision of material
support and resources shall not be deemed to include the furnishing of
USAID funds or USAID-financed commodities to the ultimate beneficiaries
of USAID assistance, such as recipients of food, medical care,
micro-enterprise loans, shelter, etc., unless the Recipient has reason
to believe that one or more of these beneficiaries commits, attempts to
commit, advocates, facilitates, or participates in terrorist acts, or
has committed, attempted to commit, facilitated or participated in
terrorist acts.

e\. The Recipient's obligations under paragraph 1 are not applicable to
the procurement of goods and/or services by the Recipient that are
acquired in the ordinary course of business through contract or
purchase, e.g., utilities, rents, office supplies, gasoline, etc.,
unless the Recipient has reason to believe that a vendor or supplier of
such goods and services commits, attempts to commit, advocates,
facilitates, or participates in terrorist acts, or has committed,
attempted to commit, facilitated or participated in terrorist acts.

This Certification is an express term and condition of any agreement
issued as a result of this application, and any violation of it shall be
grounds for unilateral termination of the agreement by USAID prior to
the end of its term.

Signature
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Organization\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

## PART II - OTHER STATEMENTS OF RECIPIENT

1\. AUTHORIZED INDIVIDUALS

The recipient represents that the following persons are authorized to
negotiate on its behalf with the Government and to bind the recipient in
connection with this application or grant:

Name Title Telephone No. Facsimile No.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

2\. TAXPAYER IDENTIFICATION NUMBER (TIN)

If the recipient is a U.S. organization, or a foreign organization which
has income effectively connected with the conduct of activities in the
U.S. or has an office or a place of business or a fiscal paying agent in
the U.S., please indicate the recipient\'s TIN:

TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

3\. CONTRACTOR IDENTIFICATION NUMBER - DATA UNIVERSAL NUMBERING SYSTEM
(DUNS) NUMBER

\(a\) In the space provided at the end of this provision, the recipient
should supply the Data Universal Numbering System (DUNS) number
applicable to that name and address. Recipients should take care to
report the number that identifies the recipient\'s name and address
exactly as stated in the proposal.

\(b\) The DUNS is a 9-digit number assigned by Dun and Bradstreet
Information Services. If the recipient does not have a DUNS number, the
recipient should call Dun and Bradstreet directly at 1-800-333-0505. A
DUNS number will be provided immediately by telephone at no charge to
the recipient. The recipient should be prepared to provide the following
information:

\(1\) Recipient\'s name.

\(2\) Recipient\'s address.

\(3\) Recipient\'s telephone number.

\(4\) Line of business.

\(5\) Chief executive officer/key manager.

\(6\) Date the organization was started.

\(7\) Number of people employed by the recipient.

\(8\) Company affiliation.

\(c\) Recipients located outside the United States may obtain the
location and phone number of the local Dun and Bradstreet Information
Services office from the Internet Home Page at
http://www.dbisna.com/dbis/customer/custlist.htm. If an offeror is
unable to locate a local service center, it may send an e-mail to Dun
and Bradstreet at globalinfo@dbisma.com.

The DUNS system is distinct from the Federal Taxpayer Identification
Number (TIN) system.

DUNS:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

4\. LETTER OF CREDIT (LOC) NUMBER

If the recipient has an existing Letter of Credit (LOC) with USAID,
please indicate the LOC number:

LOC:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

5\. PROCUREMENT INFORMATION

\(a\) Applicability. This applies to the procurement of goods and
services planned by the recipient (i.e., contracts, purchase orders,
etc.) from a supplier of goods or services for the direct use or benefit
of the recipient in conducting the program supported by the grant, and
not to assistance provided by the recipient (i.e., a subgrant or
subagreement) to a subgrantee or subrecipient in support of the
subgrantee\'s or subrecipient\'s program. Provision by the recipient of
the requested information does not, in and of itself, constitute USAID
approval.

\(b\) Amount of Procurement. Please indicate the total estimated dollar
amount of goods and services which the recipient plans to purchase under
the grant:

\$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(c\) Nonexpendable Property. If the recipient plans to purchase
nonexpendable equipment which would require the approval of the
Agreement Officer, please indicate below (using a continuation page, as
necessary) the types, quantities of each, and estimated unit costs.
Nonexpendable equipment for which the Agreement Officer\'s approval to
purchase is required is any article of nonexpendable tangible personal
property charged directly to the grant, having a useful life of more
than one year and an acquisition cost of \$5,000 or more per unit.

TYPE/DESCRIPTION QUANTITY ESTIMATED UNIT COST

(Generic)

\(d\) Source, Origin, and Componentry of Goods. If the recipient plans
to purchase any goods/commodities which are not of U.S. source and/or
U.S. origin, please indicate below (using a continuation page, as
necessary) the types and quantities of each, estimated unit costs of
each, and probable source and/or origin. \"Source\" means the country
from which a commodity is shipped to the cooperating country or the
cooperating country itself if the commodity is located therein at the
time of purchase. However, where a commodity is shipped from a free port
or bonded warehouse in the form in which received therein, \"source\"
means the country from which the commodity was shipped to the free port
or bonded warehouse. Any commodity whose source is a non-Free World
country is ineligible for USAID financing. The \"origin\" of a commodity
is the country or area in which a commodity is mined, grown, or
produced. A commodity is produced when, through manufacturing,
processing, or substantial and major assembling of components, a
commercially recognized new commodity results, which is substantially
different in basic characteristics or in purpose or utility from its
components. Merely packaging various items together for a particular
procurement or relabeling items does not constitute production of a
commodity. Any commodity whose origin is a non-Free World country is
ineligible for USAID financing. \"Components\" are the goods which go
directly into the production of a produced commodity. Any component from
a non-Free World country makes the commodity ineligible for USAID
financing.

TYPE/ QUANTITY EST. GOODS PROBABLE GOODS PROBABLE

DESCRIPTION UNIT COMPONENTS SOURCE COMPONENTS ORIGIN

(Generic) COST

\(e\) Restricted Goods. If the recipient plans to purchase any
restricted goods, please indicate below (using a continuation page, as
necessary) the types and quantities of each, estimated unit costs of
each, intended use, and probable source and/or origin. Restricted goods
are Agricultural Commodities, Motor Vehicles, Pharmaceuticals,
Pesticides, Rubber Compounding Chemicals and Plasticizers, Used
Equipment, U.S. Government-Owned Excess Property, and Fertilizer.

TYPE/ QUANTITY ESTIMATED PROBABLE PROBABLE INTENDED

DESCRIPTION UNIT COST SOURCE ORIGIN USE

(Generic)

\(f\) Supplier Nationality. If the recipient plans to purchase any goods
or services from suppliers of goods and services whose nationality is
not in the U.S., please indicate below (using a continuation page, as
necessary) the types and quantities of each good or service, estimated
costs of each, probable nationality of each non-U.S. supplier of each
good or service, and the rationale for purchasing from a non-U.S.
supplier. Any supplier whose nationality is a non-Free World country is
ineligible for USAID financing.

TYPE/ QUANTITY ESTIMATED PROBABLE NATIONALITY RATIONALE

DESCRIPTION UNIT COST SUPPLIER for

(Generic) (Non-US Only) NON-US

\(g\) Proposed Disposition. If the recipient plans to purchase any
nonexpendable equipment with a unit acquisition cost of \$5,000 or more,
please indicate below (using a continuation page, as necessary) the
proposed disposition of each such item. Generally, the recipient may
either retain the property for other uses and make compensation to USAID
(computed by applying the percentage of federal participation in the
cost of the original program to the current fair market value of the
property), or sell the property and reimburse USAID an amount computed
by applying to the sales proceeds the percentage of federal
participation in the cost of the original program (except that the
recipient may deduct from the federal share \$500 or 10% of the
proceeds, whichever is greater, for selling and handling expenses), or
donate the property to a host country institution, or otherwise dispose
of the property as instructed by USAID.

TYPE/DESCRIPTION QUANTITY ESTIMATED PROPOSED DISPOSITION

(Generic) UNIT COST

6\. PAST PERFORMANCE REFERENCES

On a continuation page, please provide a list of the ten most current
U.S. Government and/or privately-funded contracts, grants, cooperative
agreements, etc., and the name, address, and telephone number of the
Contract/Agreement Officer or other contact person.

7\. TYPE OF ORGANIZATION

The recipient, by checking the applicable box, represents that -

\(a\) If the recipient is a U.S. entity, it operates as \[ \] a
corporation incorporated under the laws of the State of, \[ \] an
individual, \[ \] a partnership, \[ \] a nongovernmental nonprofit
organization, \[ \] a state or loc al governmental organization, \[ \] a
private college or university, \[ \] a public college or university, \[
\] an international organization, or \[ \] a joint venture; or

\(b\) If the recipient is a non-U.S. entity, it operates as \[ \] a
corporation organized under the laws of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (country), \[
\] an individual, \[ \] a partnership, \[ \] a nongovernmental nonprofit
organization, \[ \] a nongovernmental educational institution, \[ \] a
governmental organization, \[ \] an international organization, or \[ \]
a joint venture.

8\. ESTIMATED COSTS OF COMMUNICATIONS PRODUCTS

The following are the estimate(s) of the cost of each separate
communications product (i.e., any printed material \[other than non-
color photocopy material\], photographic services, or video production
services) which is anticipated under the grant. Each estimate must
include all the costs associated with preparation and execution of the
product. Use a continuation page as necessary.

**PART III - SPECIAL PROVISIONS**

**1. SUPPORTING USAID'S DISABILITY POLICY IN CONTRACTS, GRANTS, AND**

**COOPERATIVE AGREEMENTS (AAPD 04-07, DECEMBER 2004)**

(a) The objectives of the USAID Disability Policy are (1) to enhance the
    attainment of United States foreign assistance program goals by
    promoting the participation and equalization of opportunities of
    individuals with disabilities in USAID policy, country and sector
    strategies, activity designs and implementation; (2) to increase
    awareness of issues of people with disabilities both within USAID
    programs and in host countries; (3) to engage other U.S. Government
    agencies, host country counterparts, governments, implementing
    organizations and other donors in fostering a climate of
    non-discrimination against people with disabilities; and (4) to
    support international advocacy for people with disabilities. The
    full text of the policy paper can be found at the following website:
    <http://www.usaid.gov/about/disability/DISABPOL.FIN.html>

(b) USAID therefore requires that the recipient not discriminate against
    people with disabilities in the implementation of USAID-funded
    programs and that it make every effort to comply with the objectives
    of the USAID Disability Policy in performing the program under this
    grant or cooperative agreement. To that end and to the extent it can
    accomplish this goal with the scope of the program objectives, the
    recipient should demonstrate a comprehensive and consistent approach
    for including men, women and children with disabilities. Questions
    about USAID's Disability Policy can be directed to Lynne Schaberg,
    PPC/P at 202-712-1891 or Lloyd Feinberg, DCHA/DG, 202-712-5725.

> USAID encourages Recipients to follow this policy to the maximum
> extent possible. By signing below, the Recipient acknowledges that it
> is aware of this policy and will apply it to the maximum extent
> practicable.
>
> Signature:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Name:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Per AAPD 02-04, dated March 20, 2002, it is mandatory to incorporate the
following Standard Provision in all solicitations and awards:

**2. PROHIBITIONS ON TRANSACTIONS WITH INDIVIDUALS OR ORGANIZATIONS**

**ASSOCIATED WITH TERRORISM**:

The Contractor/Recipient is reminded that U.S. Executive Orders and U.S.
law prohibits transactions with, and the provision of resources and
support to, individuals and organizations associated with terrorism. It
is the legal responsibility of the contractor/recipient to ensure
compliance with these Executive Orders and laws. This provision must be
included in all subcontracts/sub awards issued under this
contract/agreement.

**3. DEPARTMENT OF STATE GUIDANCE ENTITLED -- SECTION 579**

**IMPLEMENTATION -- TAXATION OF US FOREIGN ASSISTANCE**

> Reporting of Foreign Taxes
>
> \(a\) Final and Interim Reports. The contractor must annually submit
> two reports:
>
> \(i\) an interim report by November 17; and
>
> \(ii\) a final report by April 16 of the next year.

\(b\) Contents of Report. The reports must contain:

> \(i\) Contractor name.
>
> \(ii\) Contact name with phone, fax and email.
>
> \(iii\) Contract number and task order number(s).
>
> \(iv\) Amount of foreign taxes assessed by a foreign government \[each
> foreign government must be listed separately\] on commodity purchase
> transactions valued at \$500 or more financed with U.S. foreign
> assistance funds under this agreement during the prior U.S. fiscal
> year. NOTE: For fiscal year 2003 only, the reporting period is
> February 20, 2003 through September 30, 2003.
>
> \(v\) Only foreign taxes assessed by the foreign government in the
> country receiving U.S. assistance is to be reported. Foreign taxes by
> a third party foreign government are not to be reported. For example,
> if an assistance program for Lesotho involves the purchase of
> commodities in South Africa using foreign assistance funds, any taxes
> imposed by South Africa would not be reported in the report for
> Lesotho (or South Africa).
>
> \(vi\) Any reimbursements received by the Contractor during the period
> in (iv) regardless of when the foreign tax was assessed plus, for the
> interim report, any reimbursements on the taxes reported in (iv)
> received by the recipient through October 31 and for the final report,
> any reimbursements on the taxes reported in (iv) received through
> March 31.
>
> \(vii\) The final report is an updated cumulative report of the
> interim report.
>
> \(viii\) Reports are required even if the contractor did not pay any
> taxes during the report period.
>
> \(ix\) Cumulative reports may be provided if the contractor is
> implementing more than one program in a foreign country.

\(c\) Definitions. For purposes of this clause:

> \(i\) "Agreement" includes USAID direct and country contracts, grants,
> cooperative agreements and interagency agreements.
>
> \(ii\) "Commodity" means any material, article, supply, goods, or
> equipment.
>
> \(iii\) "Foreign government" includes any foreign governmental entity.
>
> \(iv\) "Foreign taxes" means value-added taxes and custom duties
> assessed by a foreign government on a commodity. It does not include
> foreign sales taxes.
>
> \(d\) Where. Submit the reports to:

Controller's Office

USAID/SUDAN

Unit 64102

APO, AE 09831-4102

> \(e\) Sub-agreements. The contractor must include this reporting
> requirement in all applicable subcontracts, sub-grants and other
> sub-agreements.
>
> \(f\) For further information see
> [http://www.state.gov/m/rm/c10443.htm
> ."](http://www.usaid.gov/cgi-bin/goodbye?http://www.state.gov/m/rm/c10443.htm)

**4. FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES**

Funds in this agreement may not be used to finance the travel, per diem,
hotel expenses, meals, conference fees or other conference costs for any
member of a foreign government\'s delegation to an international
conference sponsored by a public international organization, except as
provided in ADS Mandatory Reference \"Guidance on Funding Foreign
Government Delegations to International Conferences
\[http://www.info.usaid.gov/pubs/ads/300/refindx3.htm\] or as approved
by the Agreement Officer or Cognizant Technical Officer.

Please indicate below your concurrence with the above special
provisions:

> Signature:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Name:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

## (END OF SPECIAL PROVISIONS)

**PART IV -- STANDARD PROVISIONS AND REQUIRED AS APPLICABLE PROVISIONS
FOR**

**US AND NON-US NONGOVERNMENTAL RECIPIENTS**

**MANDATORY STANDARD PROVISIONS FOR US NONGOVERNMENTAL RECIPIENTS**

+-----------------------------------+-----------------------------------+
| 1\. Applicability of 22 CFR 226 X | 7\. Notices X                     |
+-----------------------------------+-----------------------------------+
| 2\. Ineligible Countries X        | 8\. Subagreements X               |
+-----------------------------------+-----------------------------------+
| 3\. Nondiscrimination X           | 9\. OMB Approval Under the        |
|                                   |                                   |
|                                   | Paperwork Reduction Act X         |
+-----------------------------------+-----------------------------------+
| 4\. Investment Promotion X        | 10\. USAID Eligibility Rules for  |
|                                   |                                   |
|                                   | Goods and Services X              |
+-----------------------------------+-----------------------------------+
| 5\. Nonliability X                | 11\. Marking Under Assistance     |
|                                   |                                   |
|                                   | Instruments X                     |
+-----------------------------------+-----------------------------------+
| 6\. Amendment X                   |                                   |
+-----------------------------------+-----------------------------------+

**1. APPLICABILITY OF 22 CFR PART 226 ( AAPD 05-06, MAY 2005)**

\(a\) All provisions of 22 CFR Part 226 and all Standard Provisions
attached to this agreement are applicable to the recipient and to sub
recipients which meet the definition of \"Recipient\" in Part 226,
unless a section specifically excludes a sub recipient from coverage.
The recipient shall assure that sub recipients have copies of all the
attached standard provisions.

\(b\) For any sub awards made with Non-US sub recipients the Recipient
shall include the applicable \"Standard Provisions for Non-US
Nongovernmental Grantees.\" Recipients are required to ensure compliance
with sub recipient monitoring procedures in accordance with OMB Circular
A-133.

**(END OF STANDARD PROVISION)**

**2. INELIGIBLE COUNTRIES (MAY 1986)**

Unless otherwise approved by the USAID Agreement Officer, funds will
only be expended for assistance to countries eligible for assistance
under the Foreign Assistance Act of 1961, as amended, or under acts
appropriating funds for foreign assistance.

**(END OF STANDARD PROVISION)**

**3. NONDISCRIMINATION (MAY 1986)**

> (This provision is applicable when work under the grant is performed
> in the U.S. or when employees are recruited in the U.S.)

No U.S. citizen or legal resident shall be excluded from participation
in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity funded by this award on the
basis of race, color, national origin, age, handicap, or sex.

**(END OF STANDARD PROVISION)**

**4. INVESTMENT PROMOTION (January 1994)**

No funds or other support provided hereunder may be used in a project or
activity reasonably likely to involve the relocation or expansion
outside of the United States of an enterprise located in the United
States if non-U.S. production in such relocation or expansion replaces
some or all of the production of, and reduces the number of employees
at, said enterprise in the United States.

No funds or other support provided hereunder may be used in a project or
activity the purpose of which is the establishment or development in a
foreign country of any export processing zone or designated area where
the labor, environmental, tax, tariff, and safety laws of the country
would not apply, without the prior written approval of USAID.

No funds or other support provided hereunder may be used in a project or
activity which contributes to the violation of internationally
recognized rights of workers in the recipient country, including those
in any designated zone or area in that country.

This provision must be included in all subagreements.

**(END OF STANDARD PROVISION)**

**5. NONLIABILITY (NOVEMBER 1985)**

USAID does not assume liability for any third party claims for damages
arising out of this award.

**(END OF STANDARD PROVISION)**

**6. AMENDMENT (NOVEMBER 1985)**

The award may be amended by formal modifications to the basic award
document or by means of an exchange of letters between the Agreement
Officer and an appropriate official of the recipient.

**(END OF STANDARD PROVISION)**

**7. NOTICES (NOVEMBER 1985)**

Any notice given by USAID or the recipient shall be sufficient only if
in writing and delivered in person, mailed, or cabled as follows:

To the USAID Agreement Officer, at the address specified in the award.

To recipient, at recipient\'s address shown in the award or to such
other address designated within the award

Notices shall be effective when delivered in accordance with this
provision, or on the effective date of the notice, whichever is later.

**(END OF STANDARD PROVISION)**

**8. SUBAGREEMENTS (June 1999)**

Subrecipients, subawardees, and contractors have no relationship with
USAID under the terms of this agreement. All required USAID approvals
must be directed through the recipient to USAID.

**(END OF STANDARD PROVISION)**

**9. OMB APPROVAL UNDER THE PAPERWORK REDUCTION ACT (April 1998)**

Information collection requirements imposed by this grant are covered by
OMB approval number 0412-0510; the current expiration date is
11/30/2000. Identification of the Standard Provision containing the
requirement and an estimate of the public reporting burden (including
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information) are set forth below.

Standard Provision Burden Estimate

Air Travel and Transportation 1 (hour)

Ocean Shipment of Goods .5

Patent Rights .5

Publications .5

Negotiated Indirect Cost Rates -

(Predetermined and Provisional) 1

Voluntary Population Planning .5

Protection of the Individual as a 1

Research Subject

22 CFR 226 Burden Estimate

22 CFR 226.40-.49 Procurement

of Goods and Services 1

22 CFR 226.30 - .36

Property Standards 1.5

Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this
burden, to the Office of Procurement, Policy Division (M/OP/P) U.S.
Agency for International Development, Washington, DC 20523-7801 and to
the Office of Management and Budget, Paperwork Reduction Project
(0412-0510), Washington, DC 20503.

**(END OF STANDARD PROVISION)**

**10. USAID ELIGIBILITY RULES FOR GOODS AND SERVICES (April 1998)**

> (This provision is not applicable to goods or services which the
> recipient provides with private funds as part of a cost-sharing
> requirement, or with Program Income generated under the award.)

\(a\) Ineligible and Restricted Goods and Services: USAID\'s policy on
ineligible and restricted goods and services is contained in ADS Chapter
312.

\(1\) Ineligible Goods and Services. Under no circumstances shall the
recipient procure any of the following under this award:

\(i\) Military equipment,

\(ii\) Surveillance equipment,

\(iii\) Commodities and services for support of police or other law
enforcement activities,

\(iv\) Abortion equipment and services,

\(v\) Luxury goods and gambling equipment, or

\(vi\) Weather modification equipment.

\(2\) Ineligible Suppliers. Funds provided under this award shall not be
used to procure any goods or services furnished by any firms or
individuals whose name appears on the \"Lists of Parties Excluded from
Federal Procurement and Nonprocurement Programs.\" USAID will provide
the recipient with a copy of these lists upon request.

\(3\) Restricted Goods. The recipient shall not procure any of the
following goods and services without the prior approval of the Agreement
Officer:

\(i\) Agricultural commodities,

\(ii\) Motor vehicles,

\(iii\) Pharmaceuticals,

\(iv\) Pesticides,

\(v\) Used equipment,

\(vi\) U.S. Government-owned excess property, or

\(vii\) Fertilizer.

Prior approval will be deemed to have been met when:

\(i\) the item is of US source/origin;

\(ii\) the item has been identified and incorporated in the program
description or schedule of the award (initial or revisions), or
amendments to the award; and

\(iii\) the costs related to the item are incorporated in the approved
budget of the award.

Where the item has not been incorporated into the award as described
above, a separate written authorization from the Agreement Officer must
be provided before the item is procured.

\(b\) Source and Nationality: The eligibility rules for goods and
services based on source and nationality are divided into two
categories. One applies when the total procurement element during the
life of the award is over \$250,000, and the other applies when the
total procurement element during the life of the award is not over
\$250,000, or the award is funded under the Development Fund for Africa
(DFA) regardless of the amount. The total procurement element includes
procurement of all goods (e.g., equipment, materials, supplies) and
services. Guidance on the eligibility of specific goods or services may
be obtained from the Agreement Officer. USAID policies and definitions
on source, origin and nationality are contained in 22 CFR Part 228,
Rules on Source, Origin and Nationality for Commodities and Services
Financed by the Agency for International Development, which is
incorporated into this Award in its entirety.

\(1\) For DFA funded awards or when the total procurement element during
the life of this award is valued at \$250,000 or less, the following
rules apply:

\(i\) The authorized source for procurement of all goods and services to
be reimbursed under the award is USAID Geographic Code 935, \"Special
Free World,\" and such goods and services must meet the source, origin
and nationality requirements set forth in 22 CFR Part 228 in accordance
with the following order of preference:

\(A\) The United States (USAID Geographic Code 000),

\(B\) The Cooperating Country,

\(C\) USAID Geographic Code 941, and

\(D\) USAID Geographic Code 935.

\(ii\) Application of order of preference: When the recipient procures
goods and services from other than U.S. sources, under the order of
preference in paragraph (b)(1)(i) above, the recipient shall document
its files to justify each such instance. The documentation shall set
forth the circumstances surrounding the procurement and shall be based
on one or more of the following reasons, which will be set forth in the
grantee\'s documentation:

\(A\) The procurement was of an emergency nature, which would not allow
for the delay attendant to soliciting U.S. sources,

\(B\) The price differential for procurement from U.S. sources exceeded
by 50% or more the delivered price from the non-U.S. source,

\(C\) Compelling local political considerations precluded consideration
of U.S. sources,

\(D\) The goods or services were not available from U.S. sources, or

\(E\) Procurement of locally available goods and services, as opposed to
procurement of U.S. goods and services, would best promote the
objectives of the Foreign Assistance program under the award.

\(2\) When the total procurement element exceeds \$250,000 (unless
funded by DFA), the following applies: Except as may be specifically
approved or directed in advance by the Agreement Officer, all goods and
services financed with U.S. dollars, which will be reimbursed under this
award must meet the source, origin and nationality requirements set
forth in 22 CFR Part 228 for the authorized geographic code specified in
the schedule of this award. If none is specified, the authorized source
is Code 000, the United States.

\(c\) Printed or Audio-Visual Teaching Materials: If the effective use
of printed or audio-visual teaching materials depends upon their being
in the local language and if such materials are intended for technical
assistance projects or activities financed by USAID in whole or in part
and if other funds including U.S.-owned or U.S.-controlled local
currencies are not readily available to finance the procurement of such
materials, local language versions may be procured from the following
sources, in order of preference:

\(1\) The United States (USAID Geographic Code 000),

\(2\) The Cooperating Country,

\(3\) \"Selected Free World\" countries (USAID Geographic Code 941), and

\(4\) \"Special Free World\" countries (USAID Geographic Code 899).

\(d\) If USAID determines that the recipient has procured any of these
goods or services under this award contrary to the requirements of this
provision, and has received payment for such purposes, the Agreement
Officer may require the recipient to refund the entire amount of the
purchase.

This provision must be included in all subagreements which include
procurement of goods or services which total over \$5,000.

**(END OF STANDARD PROVISION)**

**11. MARKING UNDER ASSISTANCE INSTRUMENTS (AAPD 05-11, DEC 13 2005)**

**ATTACHMENT 1:**

**BRANDING STRATEGY - ASSISTANCE (December 2005)**

\(a\) **Definitions**

***Branding Strategy*** means a strategy that is submitted at the
specific request of a USAID Agreement Officer by an Apparently
Successful Applicant after evaluation of an application for USAID
funding, describing how the program, project, or activity is named and
positioned, and how it is promoted and communicated to beneficiaries and
host country citizens. It identifies all donors and explains how they
will be acknowledged.

***Apparently Successful Applicant(s)*** means the applicant(s) for
USAID funding recommended for an award after evaluation, but who has not
yet been awarded a grant, cooperative agreement or other assistance
award by the Agreement Officer. The Agreement Officer will request that
the Apparently Successful Applicants submit a Branding Strategy and
Marking Plan. Apparently Successful Applicant status confers no right
and constitutes no USAID commitment to an award.

***USAID Identity (Identity)*** means the official marking for the
Agency, comprised of the USAID logo and new brandmark, which clearly
communicates that our assistance is from the American people. The USAID
Identity is available on the USAID website and is provided without
royalty, license, or other fee to recipients of USAID-funded grants or
cooperative agreements or other assistance awards or subawards.

\(b\) **Submission.** The Apparently Successful Applicant, upon request
of the Agreement Officer, will submit and negotiate a Branding Strategy.
The Branding Strategy will be included in and made a part of the
resulting grant or cooperative agreement. The Branding Strategy will be
negotiated within the time that the Agreement Officer specifies. Failure
to submit and negotiate a Branding Strategy will make the applicant
ineligible for award of a grant or cooperative agreement. The Apparently
Successful Applicant must include all estimated costs associated with
branding and marking USAID programs, such as plaques, stickers, banners,
press events and materials, and the like.

\(c\) **Submission Requirements**

At a minimum, the Apparently Successful Applicant's Branding Strategy
will address the following:

**(1) [Positioning]{.underline}**

*What is the intended name of this program, project, or activity?*

[Guidelines]{.underline}: USAID prefers to have the USAID Identity
included as part of the program or project name, such as a \"title
sponsor,\" if possible and appropriate. It is acceptable to \"co-brand\"
the title with USAID's and the Apparently Successful Applicant's
identities. For example: \"The USAID and \[Apparently Successful
Applicant\] Health Center.\"

If it would be inappropriate or is not possible to \"brand\" the project
this way, such as when rehabilitating a structure that already exists or
if there are multiple donors, please explain and indicate how you intend
to showcase USAID\'s involvement in publicizing the program or project*.
For example: School #123, rehabilitated by USAID and \[Apparently
Successful Applicant\]/ \[other donors\].* Note: the Agency prefers
\"made possible by (or with) the generous support of the

American People\" next to the USAID Identity in acknowledging our
contribution, instead of the phrase \"funded by.\" USAID prefers local
language translations.

*Will a program logo be developed and used consistently to identify this
program? If yes, please attach a copy of the proposed program logo.*

Note: USAID prefers to fund projects that do NOT have a separate logo or
identity

that competes with the USAID Identity.

**(2) [Program Communications and Publicity]{.underline}**

*Who are the primary and secondary audiences for this project or
program?*

[Guidelines]{.underline}: Please include direct beneficiaries and any
special target segments or influencers. *For Example: Primary audience:
schoolgirls age 8-12, Secondary audience: teachers and
parents--specifically mothers.*

*What communications or program materials will be used to explain or
market the program to beneficiaries?*

[Guidelines]{.underline}: These include training materials, posters,
pamphlets, Public Service Announcements, billboards, websites, and so
forth.

*What is the main program message(s)?*

[Guidelines]{.underline}: *For example: \"Be tested for HIV-AIDS\" or
\"Have your child inoculated.\"* Please indicate if you also plan to
incorporate USAID's primary message -- this aid is \"from the American
people\" -- into the narrative of program materials. This is optional;
however, marking with the USAID Identity is required.

*Will the recipient announce and promote publicly this program or
project to host country citizens? If yes, what press and promotional
activities are planned?*

[Guidelines]{.underline}: These may include media releases, press
conferences, public events, and so forth. Note: incorporating the
message, "USAID from the American People", and the USAID Identity is
required.

*Please provide any additional ideas about how to increase awareness
that the American people support this project or program.*

[Guidelines]{.underline}: One of our goals is to ensure that both
beneficiaries and host-country citizens know that the aid the Agency is
providing is \"from the American people.\" Please provide any initial
ideas on how to further this goal.

**(3) [Acknowledgements]{.underline}**

*Will there be any direct involvement from a host-country government
ministry? If yes, please indicate which one or ones. Will the recipient
acknowledge theministry as an additional co-sponsor*?

Note: it is perfectly acceptable and often encouraged for USAID to
\"co-brand\" programs with government ministries.

*Please indicate if there are any other groups whose logo or identity
the recipient will use on program materials and related communications.*

[Guidelines]{.underline}: Please indicate if they are also a donor or
why they will be visibly acknowledged, and if they will receive the same
prominence as USAID.

\(d\) **Award Criteria**. The Agreement Officer will review the Branding
Strategy for adequacy, ensuring that it contains the required
information on naming and positioning the USAID-funded program, project,
or activity, and promoting and communicating it to cooperating country
beneficiaries and citizens. The Agreement Officer also will evaluate
this information to ensure that it is consistent with the stated
objectives of the award; with the Apparently Successful

Applicant's cost data submissions; with the Apparently Successful
Applicant's project, activity, or program performance plan; and with the
regulatory requirements set out in 22 CFR 226.91. The Agreement Officer
may obtain advice and recommendations from technical experts while
performing the evaluation.

**ATTACHMENT 2:**

**MARKING PLAN -- ASSISTANCE (December 2005)**

(a)**Definitions**

***Marking Plan*** means a plan that the Apparently Successful Applicant
submits at the specific request of a USAID Agreement Officer after
evaluation of an application for USAID funding, detailing the public
communications, commodities, and program materials and other items that
will visibly bear the USAID Identity. Recipients may request approval of
Presumptive Exceptions to marking requirements in the Marking Plan.

***Apparently Successful Applicant(s)*** means the applicant(s) for
USAID funding recommended for an award after evaluation, but who has not
yet been awarded a grant, cooperative agreement or other assistance
award by the Agreement Officer. The Agreement Officer will request that
Apparently Successful Applicants submit a Branding Strategy and Marking
Plan. Apparently Successful Applicant status confers no right and
constitutes no USAID commitment to an award, which the Agreement Officer
must still obligate.

***USAID Identity (Identity)*** means the official marking for the
Agency, comprised of the USAID logo and new brandmark, which clearly
communicates that our assistance is from the American people. The USAID
Identity is available on the USAID website and USAID provides it without
royalty, license, or other fee to recipients of USAID funded grants,
cooperative agreements, or other assistance awards or subawards.

A ***Presumptive Exception*** exempts the applicant from the general
marking requirements for a *particular* USAID-funded public
communication, commodity, program material or other deliverable, or a
*category* of USAID-funded public communications, commodities, program
materials or other deliverables that would otherwise be required to
visibly bear the USAID Identity. The Presumptive Exceptions are:

[Presumptive Exception (i)]{.underline}. USAID marking requirements may
not apply if they would compromise the intrinsic independence or
neutrality of a program or materials where independence or neutrality is
an inherent aspect of the program and materials, such as election
monitoring or ballots, and voter information literature; political party
support or public policy advocacy or reform; independent media, such as
television and radio broadcasts, newspaper articles and editorials; and
public service announcements or public opinion polls and surveys (22
C.F.R. 226.91(h)(1)).

[Presumptive Exception (ii)]{.underline}. USAID marking requirements may
not apply if they would diminish the credibility of audits, reports,
analyses, studies, or policy recommendations whose data or findings must
be seen as independent (22 C.F.R. 226.91(h)(2)).

[Presumptive Exception (iii)]{.underline}. USAID marking requirements
may not apply if they would undercut host-country government "ownership"
of constitutions, laws, regulations, policies, studies, assessments,
reports, publications, surveys or audits, public service announcements,
or other communications better positioned as "by" or "from" a
cooperating country ministry or government official (22 C.F.R.
226.91(h)(3)).

[Presumptive Exception (iv)]{.underline}. USAID marking requirements may
not apply if they would impair the functionality of an item, such as
sterilized equipment or spare parts (22 C.F.R. 226.91(h)(4)).

[Presumptive Exception (v)]{.underline}. USAID marking requirements may
not apply if they would incur substantial costs or be impractical, such
as items too small or otherwise unsuited for individual marking, such as
food in bulk (22 C.F.R. 226.91(h)(5)).

[Presumptive Exception (vi)]{.underline}. USAID marking requirements may
not apply if they would offend local cultural or social norms, or be
considered inappropriate on such items as condoms, toilets, bed pans, or
similar commodities (22 C.F.R. 226.91(h)(6)).

[Presumptive Exception (vii)]{.underline}. USAID marking requirements
may not apply if they would conflict with international law (22 C.F.R.
226.91(h)(7)).

\(b\) **Submission.** The Apparently Successful Applicant, upon the
request of the Agreement Officer, will submit and negotiate a Marking
Plan that addresses the details of the public communications,
commodities, program materials that will visibly bear the USAID
Identity. The marking plan will be customized for the particular
program, project, or activity under the resultant grant or cooperative
agreement. The plan will be included in and made a part of the resulting
grant or cooperative agreement. USAID and the Apparently Successful
Applicant will negotiate

the Marking Plan within the time specified by the Agreement Officer.
Failure to submit and negotiate a Marking Plan will make the applicant
ineligible for award of a grant or cooperative agreement. The applicant
must include an estimate of all costs associated with branding and
marking USAID programs, such as plaques, labels, banners, press events,
promotional materials, and so forth in the budget portion of its
application. These costs are subject to revision and negotiation with
the Agreement Officer upon submission of the Marking Plan and will be
incorporated into the Total Estimated Amount of the grant, cooperative
agreement or other assistance instrument.

\(c\) **Submission Requirements**. The Marking Plan will include the
following:

\(1\) A description of the public communications, commodities, and
program materials that the recipient will be produced as a part of the
grant or cooperative agreement and which will visibly bear the USAID
Identity. These include:

\(i\) program, project, or activity sites funded by USAID, including
visible infrastructure projects or other programs, projects, or
activities that are physical in nature;

\(ii\) technical assistance, studies, reports, papers, publications,
audio-visual productions, public service announcements, Web
sites/Internet activities and other promotional, informational, media,
or communications products funded by USAID;

\(iii\) events financed by USAID, such as training courses, conferences,
seminars, exhibitions, fairs, workshops, press conferences, and other
public activities; and (iv) all commodities financed by USAID, including
commodities or equipment provided under humanitarian assistance or
disaster relief programs, and all other equipment, supplies and other
materials funded by USAID, and their export packaging.

\(2\) A table specifying:

\(i\) the program deliverables that the recipient will mark with the
USAID Identity,

\(ii\) the type of marking and what materials the applicant will be used
to mark the program deliverables with the USAID Identity, and

\(iii\) when in the performance period the applicant will mark the
program deliverables, and where the applicant will place the marking.

\(3\) A table specifying:

\(i\) what program deliverables will not be marked with the USAID
Identity, and

\(ii\) the rationale for not marking these program deliverables.

\(d\) **Presumptive Exceptions.**

\(1\) The Apparently Successful Applicant may request a Presumptive
Exception as part of the overall Marking Plan submission. To request a
Presumptive Exception, the Apparently Successful Applicant must identify
which Presumptive Exception applies, and state why, in light of the
Apparently Successful Applicant's technical proposal and in the context
of the program description or program statement in the USAID Request For
Application or Annual Program Statement, marking requirements should not
be required.

\(2\) Specific guidelines for addressing each Presumptive Exception are:

\(i\) For Presumptive Exception (i), identify the USAID Strategic
Objective, Interim Result, or program goal furthered by an appearance of
neutrality, or state why the program, project, activity, commodity, or
communication is 'intrinsically neutral.' Identify, by category or
deliverable item, examples of program materials funded under the award
for which you are seeking exception 1.

\(ii\) For Presumptive Exception (ii), state what data, studies, or
other deliverables will be produced under the USAID funded award, and
explain why the data, studies, or deliverables must be seen as credible.

\(iii\) For Presumptive Exception (iii), identify the item or media
product produced under the USAID funded award, and explain why each item
or product, or category of item and product, is better positioned as an
item or product produced by the cooperating country government.

\(iv\) For Presumptive Exception (iv), identify the item or commodity to
be marked, or categories of items or commodities, and explain how
marking would impair the item's or commodity's functionality.

\(v\) For Presumptive Exception (v), explain why marking would not be
cost-beneficial or practical.

\(vi\) For Presumptive Exception (vi), identify the relevant cultural or
social norm, and explain why marking would violate that norm or
otherwise be inappropriate.

\(vii\) For Presumptive Exception (vii), identify the applicable
international law violated by marking.

\(3\) The Agreement Officer will review the request for adequacy and
reasonableness. In consultation with the Cognizant Technical Officer and
other agency personnel as necessary, the Agreement Officer will approve
or disapprove the requested Presumptive Exception. Approved exceptions
will be made part of the approved Marking Plan, and will apply for the
term of the award, unless provided otherwise.

\(e\) **Award Criteria**: The Agreement Officer will review the Marking
Plan for adequacy and reasonableness, ensuring that it contains
sufficient detail and information concerning public communications,
commodities, and program materials that will visibly bear the USAID
Identity. The Agreement Officer will evaluate the plan to ensure that it
is consistent with the stated objectives of the award; with the
applicant's cost data submissions; with the applicant's actual project,
activity, or program performance plan; and with the regulatory
requirements of 22 C.F.R.

226.91. The Agreement Officer will approve or disapprove any requested
Presumptive Exceptions (see paragraph (d)) on the basis of adequacy and
reasonableness. The Agreement Officer may obtain advice and
recommendations from technical experts while performing the evaluation.

**(END OF STANDARD PROVISION)**

**END OF MANDATORY STANDARD PROVISIONS FOR US NONGOVERNMENTAL
RECIPIENTS**

**Mandatory Standard Provisions for U.S., Nongovernmental Recipients**

**When Activities Are Undertaken Outside the U.S.**

+-----------------------------------+-----------------------------------+
| 12\. Regulations Governing        | 15\. International Air Travel &   |
|                                   |                                   |
| Employees X                       | Transportation X                  |
+-----------------------------------+-----------------------------------+
| 13\. Conversion of US Dollars to  | 16\. Ocean Shipment of Goods X    |
|                                   |                                   |
| Local Currency X                  |                                   |
+-----------------------------------+-----------------------------------+
| 14\. Use of Pouch Facilities X    | 17\. Local Procurement X          |
+-----------------------------------+-----------------------------------+

**12. REGULATIONS GOVERNING EMPLOYEES (AUGUST 1992)**

> (The following applies to the recipient\'s employees working in the
> cooperating country under the agreement who are not citizens of the
> cooperating country.)

\(a\) The recipient\'s employees shall maintain private status and may
not rely on local U.S. Government offices or facilities for support
while under this grant.

\(b\) The sale of personal property or automobiles by recipient
employees and their dependents in the foreign country to which they are
assigned shall be subject to the same limitations and prohibitions which
apply to direct-hire USAID personnel employed by the Mission, including
the rules contained in 22 CFR Part 136, except as this may conflict with
host government regulations.

\(c\) Other than work to be performed under this award for which an
employee is assigned by the recipient, no employee of the recipient
shall engage directly or indirectly, either in the individual\'s own
name or in the name or through an agency of another person, in any
business, profession, or occupation in the foreign countries to which
the individual is assigned, nor shall the individual make loans or
investments to or in any business, profession or occupation in the
foreign countries to which the individual is assigned.

\(d\) The recipient\'s employees, while in a foreign country, are
expected to show respect for its conventions, customs, and institutions,
to abide by its applicable laws and regulations, and not to interfere in
its internal political affairs.

\(e\) In the event the conduct of any recipient employee is not in
accordance with the preceding paragraphs, the recipient\'s chief of
party shall consult with the USAID Mission Director and the employee
involved and shall recommend to the recipient a course of action with
regard to such employee.

\(f\) The parties recognize the rights of the U.S. Ambassador to direct
the removal from a country of any U.S. citizen or the discharge from
this grant award of any third country national when, in the discretion
of the Ambassador, the interests of the United States so require.

\(g\) If it is determined, either under (e) or (f) above, that the
services of such employee should be terminated, the recipient shall use
its best efforts to cause the return of such employee to the United
States, or point of origin, as appropriate.

**(END OF STANDARD PROVISION)**

**13. CONVERSION OF UNITED STATES DOLLARS TO LOCAL CURRENCY (NOVEMBER
1985)**

Upon arrival in the Cooperating Country, and from time to time as
appropriate, the recipient\'s chief of party shall consult with the
Mission Director who shall provide, in writing, the procedure the
recipient and its employees shall follow in the conversion of United
States dollars to local currency. This may include, but is not limited
to, the conversion of currency through the cognizant United States
Disbursing Officer or Mission Controller, as appropriate.

**(END OF STANDARD PROVISION)**

**14. USE OF POUCH FACILITIES (AUGUST 1992)**

\(a\) Use of diplomatic pouch is controlled by the Department of State.
The Department of State has authorized the use of pouch facilities for
USAID recipients and their employees as a general policy, as detailed in
items (1) through (6) below. However, the final decision regarding use
of pouch facilities rest with the Embassy or USAID Mission. In
consideration of the use of pouch facilities, the recipient and its
employees agree to indemnify and hold harmless, the Department of State
and USAID for loss or damage occurring in pouch transmission:

\(1\) Recipients and their employees are authorized use of the pouch for
transmission and receipt of up to a maximum of .9 kgs per shipment of
correspondence and documents needed in the administration of assistance
programs.

\(2\) U.S. citizen employees are authorized use of the pouch for
personal mail up to a maximum of .45 kgs per shipment (but see (a)(3)
below).

\(3\) Merchandise, parcels, magazines, or newspapers are not considered
to be personal mail for purposes of this standard provision and are not
authorized to be sent or received by pouch.

\(4\) Official and personal mail pursuant to a.1. and 2. above sent by
pouch should be addressed as follows:

> Name of individual or organization (followed by
>
> letter symbol \"G\")
>
> City Name of post (USAID/\_\_\_\_\_\_)
>
> Agency for International Development
>
> Washington, D.C. 20523-0001

\(5\) Mail sent via the diplomatic pouch may not be in violation of U.S.
Postal laws and may not contain material ineligible for pouch
transmission.

\(6\) Recipient personnel are NOT authorized use of military postal
facilities (APO/FPO). This is an Adjutant General\'s decision based on
existing laws and regulations governing military postal facilities and
is being enforced worldwide.

\(b\) The recipient shall be responsible for advising its employees of
this authorization, these guidelines, and limitations on use of pouch
facilities.

\(c\) Specific additional guidance on grantee use of pouch facilities in
accordance with this standard provision is available from the Post
Communication Center at the Embassy or USAID Mission.

**(END OF STANDARD PROVISION)**

**15. INTERNATIONAL AIR TRAVEL AND TRANSPORTATION (JUNE 1999)**

> (This provision is applicable when costs for international travel or
> transportation will be paid for with USAID funds. This provision is
> not applicable if the recipient is providing for travel with private
> funds as part of a cost-sharing requirement, or with Program Income
> generated under the award.)

\(a\) [PRIOR BUDGET APPROVAL]{.underline}

In accordance with OMB Cost Principles, direct charges for foreign
travel costs are allowable only when each foreign trip has received
prior budget approval. Such approval will be deemed to have been met
when:

\(1\) the trip is identified. Identification is accomplished by
providing the following information: the number of trips, the number of
individuals per trip, and the destination country(s).

\(2\) the information noted at (a)(1) above is incorporated in: the
proposal, the program description or schedule of the award, the
implementation plan (initial or revisions), or amendments to the award;
and

\(3\) the costs related to the travel are incorporated in the approved
budget of the award.

The Agreement Officer may approve travel which has not been incorporated
in writing as required by paragraph (a)(2). In such case, a copy of the
Agreement Officer\'s approval must be included in the agreement file.

\(b\) [NOTIFICATION]{.underline}

\(1\) As long as prior budget approval has been met in accordance with
paragraph (a) above, a separate Notification will not be necessary
unless:

\(i\) the primary purpose of the trip is to work with USAID Mission
personnel, or

\(ii\) the recipient expects significant administrative or substantive
programmatic support from the Mission.

Neither the USAID Mission nor the Embassy will require Country Clearance
of employees or contractors of USAID Recipients.

\(2\) Where notification is required in accordance with paragraph (1)(i)
or (ii) above, the recipient will observe the following standards:

\(i\) Send a written notice to the cognizant USAID Technical Office in
the Mission. If the recipient\'s primary point of contact is a Technical
Officer in USAID/W, the recipient may send the notice to that person. It
will be the responsibility of the USAID/W Technical Officer to forward
the notice to the field.

\(ii\) The notice should be sent as far in advance as possible, but at
least 14 calendar days in advance of the proposed travel. This notice
may be sent by fax or e-mail. The recipient should retain proof that
notification was made.

\(iii\) The notification shall contain the following information: the
award number, the cognizant Technical Officer, the traveler\'s name (if
known), date of arrival, and the purpose of the trip.

\(iv\) The USAID Mission will respond only if travel has been denied. It
will be the responsibility of the Technical Officer in the Mission to
contact the recipient within 5 working days of having received the
notice if the travel is denied. If the recipient has not received a
response within the time frame, the recipient will be considered to have
met these standards for notification, and may travel.

\(v\) If a subrecipient is required to issue a Notification, as per this
section, the subrecipient may contact the USAID Technical Officer
directly, or the prime may contact USAID on the subrecipient\'s behalf.

\(c\) [SECURITY ISSUES]{.underline}

Recipients are encouraged to obtain the latest Department of State
Travel Advisory Notices before travelling. These Notices are available
to the general public and may be obtained directly from the State
Department, or via Internet.

Where security is a concern in a specific region, recipients may choose
to notify the US Embassy of their presence when they have entered the
country. This may be especially important for long-term posting.

\(d\) [USE OF U.S.-OWNED LOCAL CURRENCY]{.underline}

Travel to certain countries shall, at USAID\'s option, be funded from
U.S.-owned local currency. When USAID intends to exercise this option,
USAID will either issue a U.S. Government S.F. 1169, Transportation
Request (GTR) which the grantee may exchange for tickets, or issue the
tickets directly. Use of such U.S.-owned currencies will constitute a
dollar charge to this grant.

\(e\) [THE FLY AMERICA ACT]{.underline}

The Fly America Act (49 U.S.C. 40118) requires that all air travel and
shipments under this award must be made on U.S. flag air carriers to the
extent service by such carriers is available. The Administrator of
General Services Administration (GSA) is authorized to issue regulations
for purposes of implementation. Those regulations may be found at 41 CFR
Part 301, and are hereby incorporated by reference into this award.

\(f\) [COST PRINCIPLES]{.underline}

The recipient will be reimbursed for travel and the reasonable cost of
subsistence, post differentials and other allowances paid to employees
in international travel status in accordance with the recipient\'s
applicable cost principles and established policies and practices which
are uniformly applied to federally financed and other activities of the
grantee.

If the recipient does not have written established policies regarding
travel costs, the standard for determining the reasonableness of
reimbursement for overseas allowance will be the Standardized
Regulations (Government Civilians, Foreign Areas), published by the U.S.
Department of State, as from time to time amended. The most current
subsistence, post differentials, and other allowances may be obtained
from the Agreement Officer.

\(g\) [SUBAWARDS.]{.underline}

This provision will be included in all subawards and contracts which
require international air travel and transportation under this award.

**(END OF STANDARD PROVISION)**

**16. OCEAN SHIPMENT OF GOODS (JUNE 1999)**

> (This provision is applicable for awards and subawards for \$100,000
> or more and when goods purchased with funds provided under this award
> are transported to cooperating countries on ocean vessels whether or
> not award funds are used for the transportation.)

\(a\) At least 50% of the gross tonnage of all goods purchased under
this agreement and transported to the cooperating countries shall be
made on privately owned U.S. flag commercial ocean vessels, to the
extent such vessels are available at fair and reasonable rates for such
vessels.

\(b\) At least 50% of the gross freight revenue generated by shipments
of goods purchased under this agreement and transported to the
cooperating countries on dry cargo liners shall be paid to or for the
benefit of privately owned U.S. flag commercial ocean vessels to the
extent such vessels are available at fair and reasonable rates for such
vessels.

\(c\) When U.S. flag vessels are not available, or their use would
result in a significant delay, the grantee may request a determination
of non-availability from the USAID Transportation Division, Office of
Procurement, Washington, D.C. 20523, giving the basis for the request
which will relieve the grantee of the requirement to use U.S. flag
vessels for the amount of tonnage included in the determination.
Shipments made on non-free world ocean vessels are not reimbursable
under this grant.

\(d\) The recipient shall send a copy of each ocean bill of lading,
stating all of the carrier\'s charges including the basis for
calculation such as weight or cubic measurement, covering a shipment
under this agreement to:

> U.S. Department of Transportation, Maritime Administration, Division
> of National Cargo,
>
> 400 7th Street, S.W.,
>
> Washington, DC 20590, and
>
> U.S. Agency for International Development,
>
> Office of Procurement, Transportation Division
>
> 1300 Pennsylvania Avenue, N.W.
>
> Washington, DC 20523-7900

\(e\) Shipments by voluntary nonprofit relief agencies (i.e., PVOs)
shall be governed by this standard provision and by USAID Regulation 2,
\"Overseas Shipments of Supplies by Voluntary Nonprofit Relief
Agencies\" (22 CFR Part 202).

\(f\) Shipments financed under this grant must meet applicable
eligibility requirements set out in 22 CFR 228.21.

**(END OF STANDARD PROVISION)**

**17. LOCAL PROCUREMENT (April 1998)**

\(a\) Financing local procurement involves the use of appropriated funds
to finance the procurement of goods and services supplied by local
businesses, dealers or producers, with payment normally being in the
currency of the cooperating country.

\(b\) Locally financed procurements must be covered by source and
nationality waivers as set forth in 22 CFR 228, Subpart F, except as
provided for in mandatory standard provision, \"USAID Eligibility Rules
for Goods and Services,\" or when one of the following exceptions
applies:

\(1\) Locally available commodities of U.S. origin, which are otherwise
eligible for financing, if the value of the transaction is estimated not
to exceed \$100,000 exclusive of transportation costs.

\(2\) Commodities of geographic code 935 origin if the value of the
transaction does not exceed the local currency equivalent of \$5,000.

\(3\) Professional Services Contracts estimated not to exceed \$250,000.

\(4\) Construction Services Contracts estimated not to exceed
\$5,000,000.

\(5\) Commodities and services available only in the local economy (no
specific per transaction value applies to this category). This category
includes the following items:

\(i\) Utilities including fuel for heating and cooking, waste disposal
and trash collection;

\(ii\) Communications - telephone, telex, fax, postal and courier
services;

\(iii\) Rental costs for housing and office space;

\(iv\) Petroleum, oils and lubricants for operating vehicles and
equipment;

\(v\) Newspapers, periodicals and books published in the cooperating
country;

\(vi\) Other commodities and services and related expenses that, by
their nature or as a practical matter, can only be acquired, performed,
or incurred in the cooperating country, e.g., vehicle maintenance, hotel
accommodations, etc.

\(c\) The coverage on ineligible and restricted goods and services in
the mandatory standard provision entitled, \"USAID Eligibility Rules for
Goods and Services,\" also apply to local procurement.

d.  This provision will be included in all subagreements where local
    procurement of goods or services is a supported element.

**(END OF STANDARD PROVISION)**

**END OF MANDATORY STANDARD PROVISIONS FOR U.S., NONGOVERNMENTAL
RECIPIENTS WHEN ACTIVITIES ARE UNDERTAKEN OUTSIDE THE U.S.**

**Required As Applicable**

# Standard Provisions for 

**U.S., Nongovernmental Recipients**

The following standard provisions are required to be used when
applicable. Applicability statements are contained in the parenthetical
statement preceding the standard provision. When a standard provision is
determined to be applicable in accordance with the applicability
statement, the use of such standard provision is mandatory unless a
deviation has been approved in accordance with ADS 303.5.3. Check off
the standard provisions which are included in the award.

+-------------------------------+--------------------------------------+
| 1\. Negotiated Indirect Cost  | 5\. Publications and Media Releases  |
| Rates --                      | (Jan 2004)                           |
|                               |                                      |
| Predetermined                 |                                      |
+-------------------------------+--------------------------------------+
| 2\. Negotiated Indirect Cost  | 6\. Title to and Care of Property    |
| Rates --                      |                                      |
|                               | (Cooperating Country Title)          |
| Provisional (Nonprofits)      |                                      |
+-------------------------------+--------------------------------------+
| 3\. Negotiated Indirect Costs | 7\. Public Notice                    |
| Rates                         |                                      |
|                               |                                      |
| Provisional (For-profits)     |                                      |
+-------------------------------+--------------------------------------+
| 4\. Submission of Documents/  | 8\. Communications Products          |
|                               |                                      |
| Publications and Media        |                                      |
| Releases                      |                                      |
+-------------------------------+--------------------------------------+

**1. NEGOTIATED INDIRECT COST RATES - PREDETERMINED (April 1998)**

> (This provision is applicable to educational or nonprofit institutions
> whose indirect cost rates under this award are on a predetermined
> basis.)

\(a\) The allowable indirect costs shall be determined by applying the
predetermined indirect cost rates to the bases specified in the schedule
of this award.

\(b\) Within the earlier of 30 days after receipt of the A-133 audit
report or nine months after the end of the audit period, the recipient
shall submit to the cognizant agency for audit the required OMB Circular
A-133 audit report, proposed predetermined indirect cost rates, and
supporting cost data. If USAID is the cognizant agency or no cognizant
agency has been designated, the recipient shall submit four copies of
the audit report, the proposed predetermined indirect cost rates, and
supporting cost data to the Overhead, Special Costs, and

Closeout Branch, Office of Procurement, USAID, Washington DC 20523-7802.
The proposed rates shall be based on the recipient\'s actual cost
experience during that fiscal year. Negotiations of predetermined
indirect cost rates shall begin soon after receipt of the recipient\'s
proposal.

\(c\) Allowability of costs and acceptability of cost allocation methods
shall be determined in accordance with the applicable cost principles.

\(d\) The results of each negotiation shall be set forth in an indirect
cost rate agreement signed by both parties. Such agreement is
automatically incorporated into this award and shall specify (1) the
agreed upon predetermined rates, (2) the bases to which the rates apply,
(3) the fiscal year for which the rates apply, and (4) the specific
items treated as direct costs. The indirect cost rate agreement shall
not change any monetary ceiling, award obligation, or specific cost
allowance or disallowance provided for in this award.

\(e\) Pending establishment of predetermined indirect costs rates for
any fiscal year, the recipient shall be reimbursed either at the rates
fixed for the previous fiscal year or at billing rates acceptable to the
USAID Agreement Officer, subject to appropriate adjustment when the
final rates for the fiscal year or other period are established.

**2. NEGOTIATED INDIRECT COST RATES - PROVISIONAL (Nonprofit) (April**

**1998)**

> (This provision is applicable to any nonprofit organizations whose
> indirect cost rates under this award are on a provisional basis.)

\(a\) Provisional indirect cost rates shall be established for each of
the recipient\'s accounting periods during the term of this award.
Pending establishment of revised provisional or final rates, allowable
indirect costs shall be reimbursed at the rates, on the bases, and for
the periods shown in the schedule of the award.

\(b\) Within the earlier of 30 days after receipt of the A-133 audit
report or nine months after the end of the audit period, the recipient
shall submit to the cognizant agency for audit the required OMB Circular
A-133 audit report, proposed final indirect cost rates, and supporting
cost data. If USAID is the cognizant agency or no cognizant agency has
been designated, the recipient shall submit four copies of the audit
report, along with the proposed final indirect cost rates and supporting
cost data, to the Overhead, Special Costs, and Closeout Branch, Office
or Procurement, USAID, Washington, DC 20523-7802. The proposed rates
shall be based on the recipient\'s actual cost experience during that
fiscal year. Negotiations of final indirect cost rates shall begin soon
after receipt of the recipient\'s proposal.

\(c\) Allowability of costs and acceptability of cost allocation methods
shall be determined in accordance with the applicable cost principles.

\(d\) The results of each negotiation shall be set forth in a written
indirect cost rate agreement signed by both parties. Such agreement is
automatically incorporated into this award and shall specify (1) the
agreed upon final rates, (2) the bases to which the rates apply, (3) the
fiscal year for which the rates apply, and (4) the items treated as
direct costs. The agreement shall not change any monetary ceiling, award
obligation, or specific cost allowance or disallowance provided for in
this award.

\(e\) Pending establishment of final indirect cost rate(s) for any
fiscal year, the recipient shall be reimbursed either at negotiated
provisional rates or at billing rates acceptable to the Agreement
Officer, subject to appropriate adjustment when the final rates for the
fiscal year are established. To prevent substantial overpayment or
underpayment, the provisional or billing rates may be prospectively or
retroactively revised by mutual agreement.

(f) Failure by the parties to agree on final rates is a 22 CFR 226.90
    dispute.

**(END OF STANDARD PROVISION)**

**3. NEGOTIATED INDIRECT COST RATE - PROVISIONAL (Profit) (April 1998)**

> (This provision applies to for-profit organizations whose indirect
> cost rates under this award are on a provisional basis.)

\(a\) Provisional indirect cost rates shall be established for the
recipient\'s accounting periods during the term of this award. Pending
establishment of revised provisional or final rates, allowable indirect
costs shall be reimbursed at the rates, on the bases, and for the
periods shown in the schedule of this award. Indirect cost rates and the
appropriate bases shall be established in accordance with FAR Subpart
42.7.

\(b\) Within six months after the close of the recipient\'s fiscal year,
the recipient shall submit to the cognizant agency for audit the
proposed final indirect cost rates and supporting cost data. If USAID is
the cognizant agency or no cognizant agency has been designated, the
recipient shall submit three copies of the proposed final indirect cost
rates and supporting cost data, to the Overhead, Special Costs, and
Closeout Branch, Office or Procurement, USAID, Washington, DC
20523-7802. The proposed rates shall be based on the recipient\'s actual
cost experience during that fiscal year. Negotiations of final indirect
cost rates shall begin soon after receipt of the recipient\'s proposal.

\(c\) Allowability of costs and acceptability of cost allocation methods
shall be determined in accordance with the applicable cost principles.

\(d\) The results of each negotiation shall be set forth in an indirect
cost rate agreement signed by both parties. Such agreement is
automatically incorporated into this award and shall specify (1) the
agreed upon final rates, (2) the bases to which the rates apply, (3) the
fiscal year for which the rates apply, and (4) the items treated as
direct costs. The agreement shall not change any monetary ceiling, award
obligation, or specific cost allowance or disallowance provided for in
this award.

\(e\) Pending establishment of final indirect cost rates for any fiscal
year, the recipient shall be reimbursed either at negotiated provisional
rates or at billing rates acceptable to the Agreement Officer, subject
to appropriate adjustment when the final rates for the fiscal year are
established. To prevent substantial overpayment or underpayment, the
provisional or billing rates may be prospectively or retroactively
revised by mutual agreement.

\(f\) Failure by the parties to agree on final rates is a 22 CFR 226.90
dispute.

**(END OF STANDARD PROVISION)**

**4. Submission of Development Experience Documents & Publications/Media
Releases**

**(AAPD 04-06, FEB 2004)**

1\. Sample Format for Award Letter and Schedule, Schedule, Article E.
Reporting and Evaluation, Subarticle 2. Program Reporting, a
Supplementary Reference to ADS Chapter 303.

2\. Program Reporting

The Recipient shall submit \_\_\_\_ \[Note - specify number of copies,
not to exceed the original and two copies\] of a performance report to
\_\_\_\_\_ Note - specify name and title of Cognizant Technical Officer
and the Agreement Officer, if desired, along with address\].

The performance reports are required to be submitted \_\_\_\_ \[Note --
state frequency, not to exceed quarterly\] and shall contain the
following information \_\_\_\_\_\_\_\_\_\_\_\_ \[Note - state reporting
requirements, as related to the Program Description\].

Final Report

The Recipient shall submit the original and one copy to \_\_\_\_\_
\[Note - specify name and title of Cognizant Technical Officer and the
Agreement Officer, if desired, along with address\] and one copy, in
electronic (preferred) or paper form of final documents to one of the
following: (a) Via E-mail: docsubmit@dec.cdie.org ; (b) Via U.S. Postal
Service: Development Experience Clearinghouse, 8403 Colesville Road,
Suite 210, Silver Spring, MD 20910, USA; (c) Via Fax: (301) 588-7787; or
(d) Online:

http://www.dec.org/index.cfm?fuseaction=docSubmit.home.

The final performance report shall contain the following information
\_\_\_\_\_\_\_\_\_\_\_\_ \[Note - state reporting requirements, as
related to the Program Description\].

2\. Required as Applicable Standard Provision No. 4 for U.S.
Nongovernmental Recipients, a Mandatory Reference to ADS Chapter 303.

**5. PUBLICATIONS AND MEDIA RELEASES (JAN 2004)**

(This provision is applicable when publications are financed under the
award)

\(a\) USAID shall be prominently acknowledged in all publications,
videos or other information/media products funded or partially funded
through this award, and the product shall state that the views expressed
by the author(s) do not necessarily reflect those of USAID.
Acknowledgements should identify the sponsoring USAID Office and Bureau
or Mission as well as the U.S. Agency for International Development
substantially as follows:

\"This \[publication, video or other information/media product
(specify)\] was made possible through support provided by the Office of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Bureau for
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, U.S. Agency for International
Development, under the terms of Award No. \_\_\_\_\_\_\_\_\_. The
opinions expressed herein are those of the author(s) and do not
necessarily reflect the views of the U.S. Agency for International
Development.\"

\(b\) Unless the recipient is instructed otherwise by the Cognizant
Technical Officer, publications, videos or other information/media
products funded under this award and intended for general readership or
other general use will be marked with the USAID logo and/or U.S. AGENCY
FOR INTERNATIONAL DEVELOPMENT appearing either at the top or at the
bottom of the front cover or, if more suitable, on the first inside
title page for printed products, and in equivalent appropriate location
in videos or other information/media products. Logos and markings of
co-sponsors or authorizing institutions should be similarly located and
of similar size and appearance.

\(c\) The recipient shall provide the USAID Cognizant Technical Officer
one copy of all published works developed under the award with lists of
other written work produced under the award. In addition, the recipient
shall submit one electronic (preferred) or one paper copy of final
documents to USAID's Development Experience Clearinghouse (DEC) in to
one of the following: (A) Via E-mail: docsubmit@dec.cdie.org ; (B) Via
U.S. Postal Service: Development Experience Clearinghouse, 8403
Colesville Road, Suite 210, Silver Spring, MD 20910, USA; (C) Via Fax:
(301) 5887787; or (D) Online:
http://www.dec.org/index.cfm?fuseaction=docSubmit.home.

\(d\) Electronic documents may be submitted on 3.5" diskettes or as
e-mail attachments, and should consist of only one electronic file that
comprises the complete and final equivalent of the paper copy;
otherwise, a paper copy must be sent. Acceptable software formats for
electronic documents include Microsoft Word, WordPerfect, Microsoft
Excel and Portable Document Format (PDF).

\(e\) Each document submitted should include the following
information: 1) descriptive title; 2) author(s) name; 3) award

number; 4) sponsoring USAID office; 5) date of publication; 6) software
name and version (if electronic document is sent).

\(f\) In the event award funds are used to underwrite the cost of
publishing, in lieu of the publisher assuming this cost, as is the
normal practice, any profits or royalties up to the amount of such cost
shall be credited to the award unless the schedule of the award has
identified the profits or royalties as program income.

\(g\) Except as otherwise provided in the terms and conditions of the
award, the author or the recipient is free to copyright any books,
publications, or other copyrightable materials developed in the course
of or under this award, but USAID reserves a royalty-free nonexclusive
and irrevocable right to reproduce, publish, or otherwise use, and to
authorize others to use the work for Government purposes.

**(END OF STANDARD PROVISION)**

**6. TITLE TO AND CARE OF PROPERTY (COOPERATING COUNTRY TITLE)**

> **(NOVEMBER 1985)**
>
> (This provision is applicable to property titled in the name of the
> cooperating country or such public or private agency as the
> cooperating country government may designate.)

\(a\) Except as modified by the schedule of this grant, title to all
equipment, materials and supplies, the cost of which is reimbursable to
the recipient by USAID or by the cooperating country, shall at all times
be in the name of the cooperating country or such public or private
agency as the cooperating country may designate, unless title to
specified types or classes of equipment is reserved to USAID under
provisions set forth in the schedule of this award. All such property
shall be under the custody and control of recipient until the owner of
title directs otherwise or completion of work under this award or its
termination, at which time custody and control shall be turned over to
the owner of title or disposed of in accordance with its instructions.
All performance guarantees and warranties obtained from suppliers shall
be taken in the name of the title owner.

\(b\) The recipient shall maintain and administer in accordance with
sound business practice a program for the maintenance, repair,
protection, and preservation of Government property so as to assure its
full availability and usefulness for the performance of this grant. The
recipient shall take all reasonable steps to comply with all appropriate
directions or instructions which the Agreement Officer may prescribe as
reasonably necessary for the protection of the Government property.

\(c\) The recipient shall prepare and establish a program, to be
approved by the appropriate USAID Mission, for the receipt, use,
maintenance, protection, custody and care of equipment, materials and
supplies for which it has custodial responsibility, including the
establishment of reasonable controls to enforce such program. The
recipient shall be guided by the following requirements:

\(1\) Property Control: The property control system shall include but
not be limited to the following:

\(i\) Identification of each item of cooperating country property
acquired or furnished under the award by a serially controlled
identification number and by description of item. Each item must be
clearly marked \"Property of (insert name of cooperating country).\"

\(ii\) The price of each item of property acquired or furnished under
this award.

\(iii\) The location of each item of property acquired or furnished
under this award.

\(iv\) A record of any usable components which are permanently removed
from items of cooperating country property as a result of modification
or otherwise.

\(v\) A record of disposition of each item acquired or furnished under
the award.

\(vi\) Date of order and receipt of any item acquired or furnished under
the award.

\(vii\) The official property control records shall be kept in such
condition that at any stage of completion of the work under this award,
the status of property acquired or furnished under this award may be
readily ascertained. A report of current status of all items of property
acquired or furnished under the award shall be submitted yearly
concurrently with the annual report.

\(2\) Maintenance Program: The recipient\'s maintenance program shall be
consistent with sound business practice, the terms of the award, and
provide for:

\(i\) disclosure of need for and the performance of preventive
maintenance,

\(ii\) disclosure and reporting of need for capital type rehabilitation,
and

\(iii\) recording of work accomplished under the program:

\(A\) Preventive maintenance - Preventive maintenance is maintenance
generally performed on a regularly scheduled basis to prevent the
occurrence of defects and to detect and correct minor defects before
they result in serious consequences.

\(B\) Records of maintenance - The recipient\'s maintenance program
shall provide for records sufficient to disclose the maintenance actions
performed and deficiencies discovered as a result of inspections.

\(C\) A report of status of maintenance of cooperating country property
shall be submitted annually concurrently with the annual report.

\(d\) Risk of Loss:

\(1\) The recipient shall not be liable for any loss of or damage to the
cooperating country property, or for expenses incidental to such loss or
damage except that the recipient shall be responsible for any such loss
or damage (including expenses incidental thereto):

\(i\) Which results from willful misconduct or lack of good faith on the
part of any of the recipient\'s directors or officers, or on the part of
any of its managers, superintendents, or other equivalent
representatives, who have supervision or direction of all or
substantially all of the recipient\'s business, or all or substantially
all of the recipient\'s operation at any one plant, laboratory, or
separate location in which this award is being performed;

\(ii\) Which results from a failure on the part of the recipient, due to
the willful misconduct or lack of good faith on the part of any of its
directors, officers, or other representatives mentioned in (i) above:

\(A\) to maintain and administer, in accordance with sound business
practice, the program for maintenance, repair, protection, and
preservation of cooperating country property as required by (i) above,
or

\(B\) to take all reasonable steps to comply with any appropriate
written directions of the Agreement Officer under (b) above;

\(iii\) For which the recipient is otherwise responsible under the
express terms designated in the schedule of this award;

\(iv\) Which results from a risk expressly required to be insured under
some other provision of this award, but only to the extent of the
insurance so required to be procured and maintained, or to the extent of
insurance actually procured and maintained, whichever is greater; or

\(v\) Which results from a risk which is in fact covered by insurance or
for which the grantee is otherwise reimbursed, but only to the extent of
such insurance or reimbursement;

\(vi\) Provided, that, if more than one of the above exceptions shall be
applicable in any case, the recipient\'s liability under any one
exception shall not be limited by any other exception.

\(2\) The recipient shall not be reimbursed for, and shall not include
as an item of overhead, the cost of insurance, or any provision for a
reserve, covering the risk of loss of or damage to the cooperating
country property, except to the extent that USAID may have required the
recipient to carry such insurance under any other provision of this
award.

\(3\) Upon the happening of loss or destruction of or damage to the
cooperating country property, the recipient shall notify the Agreement
Officer thereof, shall take all reasonable steps to protect the
cooperating country property from further damage, separate the damaged
and undamaged cooperating country property, put all the cooperating
country property in the best possible order, and furnish to the
Agreement Officer a statement of:

\(i\) The lost, destroyed, or damaged cooperating country property;

\(ii\) The time and origin of the loss, destruction, or damage;

\(iii\) All known interests in commingled property of which the
cooperating country property is a part; and

\(iv\) The insurance, if any, covering any part of or interest in such
commingled property.

\(4\) The recipient shall make repairs and renovations of the damaged
cooperating country property or take such other action as the Agreement
Officer directs.

\(5\) In the event the recipient is indemnified, reimbursed, or
otherwise compensated for any loss or destruction of or damage to the
cooperating country property, it shall use the proceeds to repair,
renovate or replace the cooperating country property involved, or shall
credit such proceeds against the cost of the work covered by the award,
or shall otherwise reimburse USAID, as directed by the Agreement
Officer. The recipient shall do nothing to prejudice USAID\'s right to
recover against third parties for any such loss, destruction, or damage,
and upon the request of the Agreement Officer, shall, at the Governments
expense, furnish to USAID all reasonable assistance and cooperation
(including assistance in the prosecution of suits and the execution of
instruments or assignments in favor of the Government) in obtaining
recovery.

\(e\) Access: USAID, and any persons designated by it, shall at all
reasonable times have access to the premises wherein any cooperating
country property is located, for the purpose of inspecting the
cooperating country property.

\(f\) Final Accounting and Disposition of Cooperating Country Property:
Within 90 days after completion of this award, or at such other date as
may be fixed by the Agreement Officer, the recipient shall submit to the
Agreement Officer an inventory schedule covering all items of equipment,
materials and supplies under the recipient\'s custody, title to which is
in the cooperating country or public or private agency designated by the
cooperating country, which have not been consumed in the performance of
this award. The recipient shall also indicate what disposition has been
made of such property.

\(g\) Communications: All communications issued pursuant to this
provision shall be in writing.

**(END OF STANDARD PROVISION)**

**7. PUBLIC NOTICES (AUGUST 1992)**

> (This provision is applicable when the cognizant Activity Manager or
> SO Team determines that the award is of public interest and requests
> that the provision be included in the award.)

It is USAID\'s policy to inform the public as fully as possible of its
programs and activities. The recipient is encouraged to give public
notice of the receipt of this award and, from time to time, to announce
progress and accomplishments. Press releases or other public notices
should include a statement substantially as follows:

> \"The U.S. Agency for International Development administers the U.S.
> foreign assistance program providing economic and humanitarian
> assistance in more than 80 countries worldwide.\"

The recipient may call on USAID\'s Office of External Affairs for advice
regarding public notices. The recipient is requested to provide copies
of notices or announcements to the cognizant technical officer and to
USAID\'s Office of External Affairs as far in advance of release as
possible.

**(END OF STANDARD PROVISION)**

**8. COMMUNICATIONS PRODUCTS (CIB 94-20, October 1994)**

This provision shall be included in every award over \$25,000.

\(a\) Definition - Communications products are any printed material
(other than non-color photocopy material), photographic services or
video production services.

\(b\) Standards - USAID has established standards for communications
products. These standards must be followed unless otherwise specifically
provided in the agreement or approved in writing by the agreement
officer. A copy of the standards for USAID-financed publications and
video productions is attached.

\(c\) Communications products which meet any of the following criteria
are not eligible for USAID financing under this agreement unless
specifically authorized in the agreement schedule or in writing by the
Agreement Officer:

\(1\) Any communication products costing over \$25,000, including the
costs of both preparation and execution. For example, in the case of a
publication, the costs will include research, writing and other
editorial services (including any associated overhead), design, layout
and production costs.

\(2\) Any communication products that will be sent directly to, or is
likely to be seen by, a Member of Congress or Congressional staffer.

\(3\) Any publication that will have more than 50 percent of its copies
distributed in the United States (excluding copies provided to PPC/CDIE
and other USAID/W offices for internal use).

**(END OF STANDARD PROVISION)**

**END OF STANDARD PROVISIONS FOR U.S. NONGOVERNMENTAL RECIPIENTS**

**Mandatory Standard Provisions For Non-U.S., Nongovernmental
Recipients**

  ----------------------------------- -----------------------------------
  1\. Allowable Costs X               8\. Investment Promotion X

  2\. Accounting, Audit, & Records X  9\. Nonliability X

  3\. Payments Advances and Refunds X 10\. Amendment X

  4\. Revision of Award Budget X      11\. Notices X

  5\. Termination and Suspension X    12\. Metric System of Measurement X

  6\. Disputes X                      13\. Marking Under Assistance
                                      Instruments X

  7\. Ineligible Countries X          
  ----------------------------------- -----------------------------------

**1. ALLOWABLE COSTS (OCTOBER 1998)**

\(a\) The recipient shall be reimbursed for costs incurred in carrying
out the purposes of this award which are determined by the Agreement
Officer to be reasonable, allocable, and allowable in accordance with
the terms of this award and the applicable\* cost principles in effect
on the date of this award. The recipient may obtain a copy from the
Agreement Officer. Brief definitions of what may be considered as
reasonable, allocable**,** and allowable costs are provided below,
however, it is the recipient\'s responsibility to ensure that costs
incurred are in accordance with the applicable set of Cost Principles.

\(1\) Reasonable. Shall mean those costs which are generally recognized
as ordinary and necessary and would be incurred by a prudent person in
the conduct of normal business.

\(2\) Allocable Costs. Shall mean those costs which are incurred
specifically for the award.

\(3\) Allowable Costs. Shall mean those costs which conform to any
limitations in the award.

\(b\) Prior to incurring a questionable or unique cost, the recipient
shall obtain the Agreement Officer\'s written determination on whether
the cost will be allowable.

\(c\) It is USAID policy that no funds shall be paid as profit or fee to
a recipient under this agreement or any subrecipient. This restriction
does not apply to contractual relationships under this agreement.

1

============================================

\*NOTE: For educational institutions use OMB Circular A-21; for all
other non-profit organizations use OMB Circular A-122; and for profit
making firms use Federal Acquisition Regulation 31.2 and USAID
Acquisition Regulation 731.2.
============================================

**(END OF MANDATORY STANDARD PROVISION)**

**2. ACCOUNTING, AUDIT, AND RECORDS (OCTOBER 1998)**

\(a\) The recipient shall maintain financial records, supporting
documents, statistical records and all other records pertinent to the
award in accordance with generally accepted accounting principles
formally prescribed by the U.S., the cooperating country, or the
International Accounting Standards Committee (an affiliate of the
International Federation of Accountants) to sufficiently substantiate
charges to this award. Accounting records that are supported by
documentation will as a minimum be adequate to show all costs incurred
under the award, receipt, and use of goods and services acquired under
the award, the costs of the program supplied from other sources, and the
overall progress of the program. Unless otherwise notified, the
recipient records and subrecipient records which pertain to this award
shall be retained for a period of three years from the date of
submission of the final expenditure report and may be audited by USAID
and/or its representatives.

\(b\) Foreign for-profit and non-profit organizations that expend
\$300,000 or more per their fiscal year in \"USAID awards\", i.e. as
recipients or subrecipients of USAID grants or cooperative agreements,
or as cost reimbursable subcontractors of USAID grants or cooperative
agreements, shall have an annual audit conducted in accordance with the
\"Guidelines for Financial Audits Contracted by Foreign Recipients\"
issued by the USAID Inspector General.

\(c\) Foreign for-profit and non-profit organizations expending less
than \$300,000 per their fiscal year under USAID cost-reimbursable
contracts, grants, cooperative agreements, or agreements with host
governments shall be exempt from the above financial audit requirements,
but are subject to the requirement to make records available upon
request for review by USAID officials or their designees.

\(d\) USAID shall retain the right to conduct a financial review,
require an audit, or otherwise ensure adequate accountability of
organizations expending USAID funds regardless of the audit requirement.

\(e\) Foreign organizations that provide USAID resources to other
organizations to carry out the USAID program and activities shall be
responsible for monitoring their subcontractors or subgrantees.
Allowable costs for limited scope subrecipient audits charged to USAID
funds shall be limited to one or more of the following types of
compliance requirements: activities allowed or unallowed; allowable
costs/cost principles; eligibility; matching, level of effort;
earmarking; and reporting.

\(f\) The audit report shall be submitted to USAID within 30 days after
completion of

the audit; the audit shall be completed, and the report submitted, not
later than 9 months after the close of the recipient\'s fiscal year. The
USAID Inspector General will review this report to determine whether it
complies with the audit requirements of this award. No audit costs may
be charged to this award if audits have not been made in accordance with
the terms of this provision. In cases of continued inability or
unwillingness to have an audit performed in accordance with the terms of
this provision, USAID will consider appropriate sanctions which may
include suspension of all or a percentage of disbursements until the
audit is satisfactorily completed.

\(g\) This provision in its entirety shall be incorporated into all
subawards with non-U.S. organizations which meet the \$300,000 threshold
as described at paragraph (b) of this Provision. Subawards to non-U.S.
organizations which are for more than \$10,000 but do not meet the
\$300,000 threshold shall at a minimum incorporate paragraph (d) of this
Provision. Subawards of grants and cooperative agreements made to U.S.
organizations shall state that the U.S. organization is subject to the
audit requirements contained in OMB Circular A-133.

**(END OF MANDATORY STANDARD PROVISION)**

> **3. PAYMENT ADVANCES AND REFUNDS (OCTOBER 1998)**

\(a\) Recipients shall maintain advances of USAID funds in interest
bearing accounts, unless:

\(1\) the recipient receives less than \$120,000 in U.S. Government
awards per year;

\(2\) the best reasonably available interest bearing account would not
be expected to earn interest in excess of \$250 per year on U.S.
Government cash balances; or

\(3\) the depository would require an average or minimum balance so high
that it would not be practical to maintain the advance in an interest
bearing account.

\(b\) Interest earned on advances will be remitted to USAID. However,
the recipient may retain up to \$250 of interest earnings per account
per year, for administrative expenses.

\(c\) At the time the award expires or is terminated, the following
types of funds shall immediately revert to USAID:

\(1\) USAID has obligated funds to the award, but has not disbursed them
to the recipient; or

\(2\) USAID has advanced funds to the recipient, but the recipient has
not expended them.

Notwithstanding (c) (1) and (2) above, funds which the recipient has
obligated in legally

binding transactions applicable to this award will not revert to USAID.

\(d\) USAID reserves the right to require refund by the recipient of any
amount which the recipient did not spend in accordance with the terms
and conditions of this award. In the event that a final audit has not
been performed prior to the closeout of this award, USAID retains the
right to a refund until all claims which may result from the final audit
have been resolved between USAID and the recipient.

**(END OF MANDATORY STANDARD PROVISION)**

**4. REVISION OF AWARD BUDGET (OCTOBER 1998)**

\(a\) The approved award budget is the financial expression of the
recipient\'s program as approved during the award process.

\(b\) The recipient is required to report deviations from budget and
program plans, and request prior approvals from the Agreement Officer
for any of the following reasons:

\(1\) To change the scope or the objectives of the project and/or revise
the funding allocated among project objectives.

\(2\) To change a key person where specified in the award, or allow a
25% reduction in time devoted to the project**.**

\(3\) Additional funding is needed.

\(4\) Where indirect costs have been authorized, the recipient plans to
transfer funds budgeted for indirect costs to absorb increases in direct
costs or vice versa.

\(5\) The inclusion of costs that require prior approval in accordance
with the applicable set of Cost Principles.

\(6\) The transfer of funds allotted for training allowances (direct
payment to trainees) to other categories of expense.

\(7\) The recipient intends to contract or subaward any of the work
under this award, and such contracts or subawards were not included in
the approved award budget.

\(c\) If specified in the Schedule of the award, the recipient may be
further restricted from transferring funds among cost categories. Such a
restriction would require the recipient to get the prior approval of the
Agreement Officer before making budget shifts which expect to exceed 10%
of the total budget.

\(d\) USAID is under no obligation to reimburse the recipient for costs
incurred in excess of the total amount obligated under the award. If the
total obligated amount under the award has been increased, the Agreement
Officer will notify the recipient in writing of the increase and specify
the new total obligated award amount.

**(END OF MANDATORY STANDARD PROVISION)**

**5. TERMINATION AND SUSPENSION (OCTOBER 1998)**

\(a\) The Agreement Officer may terminate this award at any time, in
whole or in part, upon written notice to the recipient, whenever it is
determined that the recipient has materially failed to comply with the
terms and conditions of the award.

\(b\) This award may be terminated at any time, in whole or in part, by
the Agreement Officer with the consent of the recipient. Both parties
shall agree upon termination conditions, including the effective date
and, in the case of partial terminations, the portion of the award to be
terminated. The agreement to terminate shall be set forth in a letter
from the Agreement Officer to the recipient.

\(c\) This award may be terminated at any time in whole or in part by
the recipient upon sending written notification to the Agreement Officer
with the following information: the reasons for the termination, the
effective date, and, in the case of a partial termination, the portion
to be terminated. However, if USAID determines in the case of partial
termination that the reduced or modified portion of the award will not
accomplish the purposes for which the award was made, USAID may
terminate the award in its entirety in accordance with paragraphs (a) or
(b) above.

\(d\) If at any time USAID determines that continuation of all or part
of the funding for a program should be suspended or terminated because
such assistance would not be in the national interest of the United
States or would be in violation of an applicable law, then USAID may,
following notice to the recipient, suspend or terminate this award in
whole or part and prohibit the recipient from incurring additional
obligations chargeable to this award other than those costs specified in
the notice of suspension during the period of suspension. If the
situation causing the suspension continues for 60 days or more, then
USAID may terminate this award on written notice to the recipient and
cancel that portion of this award which has not been disbursed or
irrevocably committed to third parties.

\(e\) Termination and Suspension Procedures. Upon receipt of and in
accordance with a termination notice as specified above, the recipient
shall take immediate action to minimize all expenditures and obligations
financed by this award and shall cancel such unliquidated obligations
whenever possible. Except as provided below, the recipient shall not
incur costs after the effective date of termination.

The recipient shall within 30 calendar days after the effective date of
such termination repay to the U.S. Government all

unexpended USAID funds which are not otherwise obligated by a legally
binding transaction applicable to this award. Should the funds paid by
USAID to the recipient prior to the effective date of the termination of
this award be insufficient to cover the recipient\'s obligations in the
legally binding transaction, the recipient may submit to the Government
within 90 calendar days after the effective date of such termination a
written claim covering such obligations. The Agreement Officer shall
determine the amount(s) to be paid by USAID to the recipient under such
claim in accordance with the applicable Cost Principles.

This provision must be included in all subagreements.

**(END OF MANDATORY STANDARD PROVISION)**

**6. DISPUTES (OCTOBER 1998)**

\(a\) Any dispute under this award shall be decided by the USAID
Agreement Officer. The Agreement Officer shall furnish the recipient a
written copy of the decision.

\(b\) Decisions of the USAID Agreement Officer shall be final unless,
within 30 days of receipt of the decision of the Agreement Officer, the
recipient appeals the decision to USAID\'s Assistance Executive. Any
appeal made under this provision shall be in writing and addressed to
the Assistance Executive, U.S. Agency for International Development,
Office of Procurement, 1300 Pennsylvania Ave, N.W.**,** Washington, D.C.
20523. A copy of the appeal shall be concurrently furnished to the
Agreement Officer.

\(c\) In order to facilitate review on the record by the Assistance
Executive, the recipient shall be given an opportunity to submit written
evidence in support of its appeal. No hearing will be provided.

\(d\) A decision under this provision by the Assistance Executive shall
be final.

**(END OF MANDATORY STANDARD PROVISION)**

**7. INELIGIBLE COUNTRIES (MAY 1986)**

Unless otherwise approved by the USAID Agreement Officer, funds will
only be expended for assistance to countries eligible for assistance
under the Foreign Assistance Act of 1961, as amended, or under acts
appropriating funds for foreign assistance.

**(END OF MANDATORY STANDARD PROVISION)**

**8. INVESTMENT PROMOTION (JANUARY 1994)**

No funds or other support provided hereunder may be used in a project or
activity reasonably likely to involve the relocation or expansion
outside of the United States of an enterprise located in the United
States if non-U.S. production in such relocation or expansion replaces
some or all of the production of, and reduces the number of employees
at, said enterprise in the United States.

No funds or other support provided hereunder may be used in a project or
activity the purpose of which is the establishment or development in a
foreign country of any export processing zone or designated area where
the labor, environmental, tax, tariff, and safety laws of the country
would not apply, without the prior written approval of USAID.

No funds or other support provided hereunder may be used in a project or
activity which contributes to the violation of internationally
recognized rights of workers in the recipient country, including those
in any designated zone or area in that country.

This provision must be included in all subagreements.

**(END OF MANDATORY STANDARD PROVISION)**

**9. NONLIABILITY (NOVEMBER 1985)**

USAID does not assume liability for any third party claims for damages
arising out of this award.

**(END OF MANDATORY STANDARD PROVISION)**

**10. AMENDMENT (OCTOBER 1998)**

The award may be amended by formal modifications to the basic award
document or by means of an exchange of letters or forms between the
Agreement Officer and an appropriate official of the recipient.

**(END OF MANDATORY STANDARD PROVISION)**

**11. NOTICES (OCTOBER 1998)**

Any notice given by USAID or the recipient shall be sufficient only if
in writing and delivered in person or mailed as follows:

To the USAID Agreement Officer and Cognizant Technical Officer, at the
addresses specified in the award. To recipient, at recipient\'s address
shown in the award or to such other address designated within the award.

Notices shall be effective when delivered in accordance with this
provision, or on effective date of the notice, whichever is later.

**(END OF MANDATORY STANDARD PROVISION)**

**12. METRIC SYSTEM OF MEASUREMENT (AUGUST 1992)**

Wherever measurements are required or authorized, they shall be made,
computed, and recorded in metric system units of measurement, unless
otherwise authorized by the Agreement Officer in writing when it has
found that such usage is impractical or is likely to cause U.S. firms to
experience significant inefficiencies or the loss of markets. Where the
metric system is not the predominant standard for a particular
application, measurements may be expressed in both the metric and the
traditional equivalent units, provided the metric units are listed
first.

**(END OF MANDATORY STANDARD PROVISION)**

**13. MARKING UNDER ASSISTANCE INSTRUMENTS (AAPD 05-11, DEC 13 2005)**

**ATTACHMENT 1:**

**BRANDING STRATEGY - ASSISTANCE (December 2005)**

\(a\) **Definitions**

***Branding Strategy*** means a strategy that is submitted at the
specific request of a USAID Agreement Officer by an Apparently
Successful Applicant after evaluation of an application for USAID
funding, describing how the program, project, or activity is named and
positioned, and how it is promoted and communicated to beneficiaries and
host country citizens. It identifies all donors and explains how they
will be acknowledged.

***Apparently Successful Applicant(s)*** means the applicant(s) for
USAID funding recommended for an award after evaluation, but who has not
yet been awarded a grant, cooperative agreement or other assistance
award by the Agreement Officer. The Agreement Officer will request that
the Apparently Successful Applicants submit a Branding Strategy and
Marking Plan. Apparently Successful Applicant status confers no right
and constitutes no USAID commitment to an award.

***USAID Identity (Identity)*** means the official marking for the
Agency, comprised of the USAID logo and new brandmark, which clearly
communicates that our assistance is from the American people. The USAID
Identity is available on the USAID website and is provided without
royalty, license, or other fee to recipients of USAID-funded grants or
cooperative agreements or other assistance awards or subawards.

\(b\) **Submission.** The Apparently Successful Applicant, upon request
of the Agreement Officer, will submit and negotiate a Branding Strategy.
The Branding Strategy will be included in and made a part of the
resulting grant or cooperative agreement. The Branding Strategy will be
negotiated within the time that the Agreement Officer specifies. Failure
to submit and negotiate a Branding Strategy will make the applicant
ineligible for award of a grant or cooperative agreement. The Apparently
Successful Applicant must include all estimated costs associated with
branding and marking USAID programs, such as plaques, stickers, banners,
press events and materials, and the like.

\(c\) **Submission Requirements**

At a minimum, the Apparently Successful Applicant's Branding Strategy
will address the following:

**(1) [Positioning]{.underline}**

*What is the intended name of this program, project, or activity?*

[Guidelines]{.underline}: USAID prefers to have the USAID Identity
included as part of the program or project name, such as a \"title
sponsor,\" if possible and appropriate. It is acceptable to \"co-brand\"
the title with USAID's and the Apparently Successful Applicant's
identities. For example: \"The USAID and \[Apparently Successful
Applicant\] Health Center.\"

If it would be inappropriate or is not possible to \"brand\" the project
this way, such as when rehabilitating a structure that already exists or
if there are multiple donors, please explain and indicate how you intend
to showcase USAID\'s involvement in publicizing the program or project*.
For example: School #123, rehabilitated by USAID and \[Apparently
Successful Applicant\]/ \[other donors\].* Note: the Agency prefers
\"made possible by (or with) the generous support of the

American People\" next to the USAID Identity in acknowledging our
contribution, instead of the phrase \"funded by.\" USAID prefers local
language translations.

*Will a program logo be developed and used consistently to identify this
program? If yes, please attach a copy of the proposed program logo.*

Note: USAID prefers to fund projects that do NOT have a separate logo or
identity

that competes with the USAID Identity.

**(2) [Program Communications and Publicity]{.underline}**

*Who are the primary and secondary audiences for this project or
program?*

[Guidelines]{.underline}: Please include direct beneficiaries and any
special target segments or influencers. *For Example: Primary audience:
schoolgirls age 8-12, Secondary audience: teachers and
parents--specifically mothers.*

*What communications or program materials will be used to explain or
market the program to beneficiaries?*

[Guidelines]{.underline}: These include training materials, posters,
pamphlets, Public Service Announcements, billboards, websites, and so
forth.

*What is the main program message(s)?*

[Guidelines]{.underline}: *For example: \"Be tested for HIV-AIDS\" or
\"Have your child inoculated.\"* Please indicate if you also plan to
incorporate USAID's primary message -- this aid is \"from the American
people\" -- into the narrative of program materials. This is optional;
however, marking with the USAID Identity is required.

*Will the recipient announce and promote publicly this program or
project to host country citizens? If yes, what press and promotional
activities are planned?*

[Guidelines]{.underline}: These may include media releases, press
conferences, public events, and so forth. Note: incorporating the
message, "USAID from the American People", and the USAID Identity is
required.

*Please provide any additional ideas about how to increase awareness
that the American people support this project or program.*

[Guidelines]{.underline}: One of our goals is to ensure that both
beneficiaries and host-country citizens know that the aid the Agency is
providing is \"from the American people.\" Please provide any initial
ideas on how to further this goal.

**(3) [Acknowledgements]{.underline}**

*Will there be any direct involvement from a host-country government
ministry? If yes, please indicate which one or ones. Will the recipient
acknowledge theministry as an additional co-sponsor*?

Note: it is perfectly acceptable and often encouraged for USAID to
\"co-brand\" programs with government ministries.

*Please indicate if there are any other groups whose logo or identity
the recipient will use on program materials and related communications.*

[Guidelines]{.underline}: Please indicate if they are also a donor or
why they will be visibly acknowledged, and if they will receive the same
prominence as USAID.

\(d\) **Award Criteria**. The Agreement Officer will review the Branding
Strategy for adequacy, ensuring that it contains the required
information on naming and positioning the USAID-funded program, project,
or activity, and promoting and communicating it to cooperating country
beneficiaries and citizens. The Agreement Officer also will evaluate
this information to ensure that it is consistent with the stated
objectives of the award; with the Apparently Successful

Applicant's cost data submissions; with the Apparently Successful
Applicant's project, activity, or program performance plan; and with the
regulatory requirements set out in 22 CFR 226.91. The Agreement Officer
may obtain advice and recommendations from technical experts while
performing the evaluation.

**ATTACHMENT 2:**

**MARKING PLAN -- ASSISTANCE (December 2005)**

(a)**Definitions**

***Marking Plan*** means a plan that the Apparently Successful Applicant
submits at the specific request of a USAID Agreement Officer after
evaluation of an application for USAID funding, detailing the public
communications, commodities, and program materials and other items that
will visibly bear the USAID Identity. Recipients may request approval of
Presumptive Exceptions to marking requirements in the Marking Plan.

***Apparently Successful Applicant(s)*** means the applicant(s) for
USAID funding recommended for an award after evaluation, but who has not
yet been awarded a grant, cooperative agreement or other assistance
award by the Agreement Officer. The Agreement Officer will request that
Apparently Successful Applicants submit a Branding Strategy and Marking
Plan. Apparently Successful Applicant status confers no right and
constitutes no USAID commitment to an award, which the Agreement Officer
must still obligate.

***USAID Identity (Identity)*** means the official marking for the
Agency, comprised of the USAID logo and new brandmark, which clearly
communicates that our assistance is from the American people. The USAID
Identity is available on the USAID website and USAID provides it without
royalty, license, or other fee to recipients of USAID funded grants,
cooperative agreements, or other assistance awards or subawards.

A ***Presumptive Exception*** exempts the applicant from the general
marking requirements for a *particular* USAID-funded public
communication, commodity, program material or other deliverable, or a
*category* of USAID-funded public communications, commodities, program
materials or other deliverables that would otherwise be required to
visibly bear the USAID Identity. The Presumptive Exceptions are:

[Presumptive Exception (i)]{.underline}. USAID marking requirements may
not apply if they would compromise the intrinsic independence or
neutrality of a program or materials where independence or neutrality is
an inherent aspect of the program and materials, such as election
monitoring or ballots, and voter information literature; political party
support or public policy advocacy or reform; independent media, such as
television and radio broadcasts, newspaper articles and editorials; and
public service announcements or public opinion polls and surveys (22
C.F.R. 226.91(h)(1)).

[Presumptive Exception (ii)]{.underline}. USAID marking requirements may
not apply if they would diminish the credibility of audits, reports,
analyses, studies, or policy recommendations whose data or findings must
be seen as independent (22 C.F.R. 226.91(h)(2)).

[Presumptive Exception (iii)]{.underline}. USAID marking requirements
may not apply if they would undercut host-country government "ownership"
of constitutions, laws, regulations, policies, studies, assessments,
reports, publications, surveys or audits, public service announcements,
or other communications better positioned as "by" or "from" a
cooperating country ministry or government official (22 C.F.R.
226.91(h)(3)).

[Presumptive Exception (iv)]{.underline}. USAID marking requirements may
not apply if they would impair the functionality of an item, such as
sterilized equipment or spare parts (22 C.F.R. 226.91(h)(4)).

[Presumptive Exception (v)]{.underline}. USAID marking requirements may
not apply if they would incur substantial costs or be impractical, such
as items too small or otherwise unsuited for individual marking, such as
food in bulk (22 C.F.R. 226.91(h)(5)).

[Presumptive Exception (vi)]{.underline}. USAID marking requirements may
not apply if they would offend local cultural or social norms, or be
considered inappropriate on such items as condoms, toilets, bed pans, or
similar commodities (22 C.F.R. 226.91(h)(6)).

[Presumptive Exception (vii)]{.underline}. USAID marking requirements
may not apply if they would conflict with international law (22 C.F.R.
226.91(h)(7)).

\(b\) **Submission.** The Apparently Successful Applicant, upon the
request of the Agreement Officer, will submit and negotiate a Marking
Plan that addresses the details of the public communications,
commodities, program materials that will visibly bear the USAID
Identity. The marking plan will be customized for the particular
program, project, or activity under the resultant grant or cooperative
agreement. The plan will be included in and made a part of the resulting
grant or cooperative agreement. USAID and the Apparently Successful
Applicant will negotiate

the Marking Plan within the time specified by the Agreement Officer.
Failure to submit and negotiate a Marking Plan will make the applicant
ineligible for award of a grant or cooperative agreement. The applicant
must include an estimate of all costs associated with branding and
marking USAID programs, such as plaques, labels, banners, press events,
promotional materials, and so forth in the budget portion of its
application. These costs are subject to revision and negotiation with
the Agreement Officer upon submission of the Marking Plan and will be
incorporated into the Total Estimated Amount of the grant, cooperative
agreement or other assistance instrument.

\(c\) **Submission Requirements**. The Marking Plan will include the
following:

\(1\) A description of the public communications, commodities, and
program materials that the recipient will be produced as a part of the
grant or cooperative agreement and which will visibly bear the USAID
Identity. These include:

\(i\) program, project, or activity sites funded by USAID, including
visible infrastructure projects or other programs, projects, or
activities that are physical in nature;

\(ii\) technical assistance, studies, reports, papers, publications,
audio-visual productions, public service announcements, Web
sites/Internet activities and other promotional, informational, media,
or communications products funded by USAID;

\(iii\) events financed by USAID, such as training courses, conferences,
seminars, exhibitions, fairs, workshops, press conferences, and other
public activities; and (iv) all commodities financed by USAID, including
commodities or equipment provided under humanitarian assistance or
disaster relief programs, and all other equipment, supplies and other
materials funded by USAID, and their export packaging.

\(2\) A table specifying:

\(i\) the program deliverables that the recipient will mark with the
USAID Identity,

\(ii\) the type of marking and what materials the applicant will be used
to mark the program deliverables with the USAID Identity, and

\(iii\) when in the performance period the applicant will mark the
program deliverables, and where the applicant will place the marking.

\(3\) A table specifying:

\(i\) what program deliverables will not be marked with the USAID
Identity, and

\(ii\) the rationale for not marking these program deliverables.

\(d\) **Presumptive Exceptions.**

\(1\) The Apparently Successful Applicant may request a Presumptive
Exception as part of the overall Marking Plan submission. To request a
Presumptive Exception, the Apparently Successful Applicant must identify
which Presumptive Exception applies, and state why, in light of the
Apparently Successful Applicant's technical proposal and in the context
of the program description or program statement in the USAID Request For
Application or Annual Program Statement, marking requirements should not
be required.

\(2\) Specific guidelines for addressing each Presumptive Exception are:

\(i\) For Presumptive Exception (i), identify the USAID Strategic
Objective, Interim Result, or program goal furthered by an appearance of
neutrality, or state why the program, project, activity, commodity, or
communication is 'intrinsically neutral.' Identify, by category or
deliverable item, examples of program materials funded under the award
for which you are seeking exception 1.

\(ii\) For Presumptive Exception (ii), state what data, studies, or
other deliverables will be produced under the USAID funded award, and
explain why the data, studies, or deliverables must be seen as credible.

\(iii\) For Presumptive Exception (iii), identify the item or media
product produced under the USAID funded award, and explain why each item
or product, or category of item and product, is better positioned as an
item or product produced by the cooperating country government.

\(iv\) For Presumptive Exception (iv), identify the item or commodity to
be marked, or categories of items or commodities, and explain how
marking would impair the item's or commodity's functionality.

\(v\) For Presumptive Exception (v), explain why marking would not be
cost-beneficial or practical.

\(vi\) For Presumptive Exception (vi), identify the relevant cultural or
social norm, and explain why marking would violate that norm or
otherwise be inappropriate.

\(vii\) For Presumptive Exception (vii), identify the applicable
international law violated by marking.

\(3\) The Agreement Officer will review the request for adequacy and
reasonableness. In consultation with the Cognizant Technical Officer and
other agency personnel as necessary, the Agreement Officer will approve
or disapprove the requested Presumptive Exception. Approved exceptions
will be made part of the approved Marking Plan, and will apply for the
term of the award, unless provided otherwise.

\(e\) **Award Criteria**: The Agreement Officer will review the Marking
Plan for adequacy and reasonableness, ensuring that it contains
sufficient detail and information concerning public communications,
commodities, and program materials that will visibly bear the USAID
Identity. The Agreement Officer will evaluate the plan to ensure that it
is consistent with the stated objectives of the award; with the
applicant's cost data submissions; with the applicant's actual project,
activity, or program performance plan; and with the regulatory
requirements of 22 C.F.R.

226.91. The Agreement Officer will approve or disapprove any requested
Presumptive Exceptions (see paragraph (d)) on the basis of adequacy and
reasonableness. The Agreement Officer may obtain advice and
recommendations from technical experts while performing the evaluation.

**(END OF MANDATORY STANDARD PROVISION)**

**END OF MANDATORY STANDARD PROVISIONS FOR NON-U.S., NONGOVERNMENTAL
RECIPIENTS**

**Required As Applicable Standard Provisions For**

**Non-U.S., Nongovernmental Recipients**

The following standard provisions are required to be used when
applicable. Applicability statements are contained in the parenthetical
statement preceding the standard provision. When a standard provision is
determined to be applicable in accordance with the applicability
statement, the use of such standard provision is mandatory unless a
deviation has been approved in accordance with ADS Chapter 303.5.3**.
EACH AWARD IS REQUIRED TO HAVE A PAYMENT PROVISION.** Check off the
provisions which are to be included in the award. Only those standard
provisions which have been checked off are incorporated within the
award.

  --------------------------------- -------------------------------------
  1\. Payment -- Advance            9\. Nondiscrimination in Federally
                                    Assisted Programs

  2\. Payment -- Reimbursement      10\. Communications/Publications &
                                    Media Releases

  3 International Air Travel &      11\. Regulations Governing Employees
  Transportation                    

  4\. Ocean Shipment of Goods       12\. Negotiated Overhead Rates --
                                    Provisional

  5\. Procurement of Goods &        13\. Title To & Use of Property
  Services                          (Recipient Title)

  6\. USAID Eligibility Rules for   14\. Title To and Care of Property
  Goods & Services                  (US Government Title)

  7\. Subagreements                 15\. Title To and Care of Property
                                    (Cooperating Country Title)

  8\. Local Procurement             16\. Public Notices
  --------------------------------- -------------------------------------

(INCLUDE THIS PAGE IN THE AWARD)

**1. PAYMENT - ADVANCE (OCTOBER 1998)**

(This provision is applicable when the recipient\'s accounting and
financial management

> systems conform to the standards for funds control and accountability
> required under: the standard provision of this agreement entitled
> \"Accounting, Audit, and Records\", ADS Chapter 303.5.9 and 22 CFR
> 226.20 through 226.22.)

\(a\) In accordance with the Standard Provision entitled \"Payment
Advances and Refund\": USAID funds shall not be commingled with other
recipient owned or controlled funds; the recipient shall deposit all
USAID cash advances in a separate bank account and shall make all
disbursements for goods and services from this account.

\(b\) Advances shall be limited to the minimum amounts needed to meet
current disbursement needs (generally 30 days) and shall be scheduled so
that the funds are available to the grantee as close as is
administratively feasible to the actual disbursements by the grantee for
program costs. Advances made by the recipient to subrecipients or the
recipient\'s field organizations shall conform substantially to the same
standards of timing and amount as apply to cash advances by USAID to the
recipient.

Procedures

\(c\) After receipt of the initial advance, the recipient shall submit a
Standard Form 1034 for each upcoming month (30 day period), with the
statement \"Request for Advance\" printed at the top of the form. The
recipient may submit a set of these forms on a quarterly basis (i.e.
submission of three SF 1034s one for each month in the upcoming
quarter). At the end of each quarter the recipient shall submit a SF
1034 (marked \"Liquidation of Advances\") to liquidate the advances of
the previous quarter. The recipient may submit a new set of SF 1034s
(\"Request for Advance\") once the \"Liquidation of Advances\" has been
submitted. Each SF 1034 shall be identified by the appropriate award
number.

**(END OF STANDARD PROVISION)**

**2. PAYMENT - REIMBURSEMENT (MAY 1986)**

> (This provision is applicable to grants for construction or to awards
> where the recipient does not meet the conditions for periodic advance
> payment.)

\(a\) The recipient shall submit to the USAID Controller noted in the
Schedule of the award an original and 2 copies of SF 1034, \"Public
Voucher for Purchases and Services Other Than Personal\" and SF 1034A,
Continuation of SF 1034, on a monthly basis and in no event no later
than on a quarterly basis. Each voucher shall be identified by the award
number and shall state the total costs for which reimbursement is being
requested.

\(b\) Copies of SF 1034 and 1034A may be obtained from the Controller.

**(END OF STANDARD PROVISION)**

**3. INTERNATIONAL AIR TRAVEL AND TRANSPORTATION (JUNE 1999)**

> (This provision is applicable when costs for international travel or
> transportation will be funded by USAID. This provision is not
> applicable if the recipient is providing for travel with private funds
> as part of a cost-sharing requirement, or with Program Income
> generated under the award.)

\(a\) [PRIOR BUDGET APPROVAL]{.underline}

In accordance with OMB Cost Principles, direct charges for foreign
travel costs are allowable only when each foreign trip has received
prior budget approval. Such approval will be deemed to have been met
when:

\(1\) the trip is identified. Identification is accomplished by
providing the following information: the number of trips, the number of
individuals per trip, and the destination country(s).

\(2\) the information noted at (a)(1) above is incorporated in: the
proposal, the program description or schedule of the award, the annual
implementation plan (initial or revisions), or amendments to the award;
and

\(3\) the costs related to the travel are incorporated in the approved
budget of the award.

The Agreement Officer may approve travel which has not been incorporated
in writing as required by paragraph (a)(2). In such case, a copy of the
Agreement Officer\'s approval must be included in the agreement file.

\(b\) [NOTIFICATION]{.underline}

\(1\) As long as prior budget approval has been met in accordance with
paragraph (a) above, a separate Notification will not be necessary
unless:

\(i\) the primary purpose of the trip is to work with USAID Mission
personnel, or

\(ii\) the recipient expects significant administrative or substantive
programmatic support from the Mission.

Neither the USAID Mission nor the Embassy will require Country Clearance
of employees or contractors of USAID Recipients.

\(2\) Where notification is required in accordance with paragraph (1)(i)
or (ii) above, the recipient will observe the following standards:

\(i\) Send a written notice to the USAID Cognizant Technical Officer in
the Mission. If the recipient\'s primary point of contact is a Technical
Officer in USAID/W, the recipient may send the notice to that person. It
will be the responsibility of the USAID/W Cognizant Technical Officer to
forward the notice to the field.

\(ii\) The notice should be sent as far in advance as possible, but at
least 14 calendar days in advance of the proposed travel. This notice
may be sent by fax or e-mail. The recipient should retain proof that
notification was made.

\(iii\) The notification shall contain the following information: the
award number, the cognizant Technical Officer, the traveler\'s name (if
known), date of arrival, and the purpose of the trip.

\(iv\) The USAID Mission will respond only if travel has been denied. It
will be the responsibility of the Cognizant Technical Officer in the
Mission to contact the recipient within 5 working days of having
received the notice if the travel is denied. If the recipient has not
received a response within the time frame, the recipient will be
considered to have met these standards for notification, and may travel.

\(v\) If a subrecipient is required to issue a Notification, as per this
section, the subrecipient may contact the USAID Cognizant Technical
Officer directly, or the prime may contact USAID on the subrecipient\'s
behalf.

\(c\) [SECURITY ISSUES]{.underline}

Recipients are encouraged to obtain the latest Department of State
Travel Advisory Notices before traveling. These Notices are available to
the general public and may be obtained directly from the State
Department, or via Internet.

Where security is a concern in a specific region, recipients may choose
to notify the US Embassy of their presence when they have entered the
country. This may be especially important for long-term posting.

\(d\) [USE OF U.S.-OWNED LOCAL CURRENCY]{.underline}

Travel to certain countries shall, at USAID\'s option, be funded from
U.S.-owned local currency. When USAID intends to exercise this option,
USAID will either issue a U.S. Government S.F. 1169, Transportation
Request (GTR) which the grantee may exchange for tickets, or issue the
tickets directly. Use of such U.S.-owned currencies will constitute a
dollar charge to this grant.

\(e\) [THE FLY AMERICA ACT]{.underline}

The Fly America Act (49 U.S.C. 40118) requires that all air travel and
shipments under this award must be made on U.S. flag air carriers to the
extent service by such carriers is available. The Administrator of
General Services Administration (GSA) is authorized to issue regulations
for purposes of implementation. Those regulations may be found at 41 CFR
part 301, and are hereby incorporated by reference into this award.

\(f\) [COST PRINCIPLES]{.underline}

The recipient will be reimbursed for travel and the reasonable cost of
subsistence, post differentials, and other allowances paid to employees
in international travel status in accordance with the recipient\'s
applicable cost principles and established policies and practices which
are uniformly applied to federally financed and other activities of the
recipient.

If the recipient does not have written established policies regarding
travel costs, the standard for determining the reasonableness of
reimbursement for overseas allowance will be the Standardized
Regulations (Government Civilians, Foreign Areas), published by the U.S.
Department of State, as from time to time amended. The most current
subsistence, post differentials, and other allowances may be obtained
from the Agreement Officer.

\(g\) [SUBAWARDS]{.underline}

This provision will be included in all subawards and contracts which
require international air travel and transportation under this award.

**(END OF STANDARD PROVISION)**

**4. OCEAN SHIPMENT OF GOODS (JUNE 1999)**

(This provision is applicable for awards and subawards for \$100,000 or
more and when goods purchased with funds provided under this award are
transported to cooperating countries on ocean vessels whether or not
award funds are used for the transportation.)

\(a\) At least 50% of the gross tonnage of all goods purchased under
this award and transported to the cooperating countries shall be made on
privately owned U.S. flag commercial ocean vessels, to the extent such
vessels are available at fair and reasonable rates.

\(b\) At least 50% of the gross freight revenue generated by shipments
of goods purchased under this award and transported to the cooperating
countries on dry cargo liners shall be paid to or for the benefit of
privately owned U.S. flag commercial ocean vessels to the extent such
vessels are available at fair and reasonable rates for such vessels.

\(c\) When U.S. flag vessels are not available, or their use would
result in a significant

delay, the recipient may request a determination of non-availability
from the USAID, Transportation and Commodities Division, Office of
Procurement, 1300 Pennsylvania Avenue, N.W., Washington, D.C. 20523,
giving the basis for the request which will relieve the recipient of the
requirement to use U.S. flag vessels for the amount of tonnage included
in the determination. Shipments made on non-free world ocean vessels are
not reimbursable under this award.

\(d\) The recipient shall send a copy of each ocean bill of lading,
stating all of the carrier\'s charges including the basis for
calculation such as weight or cubic measurement, covering a shipment
under this agreement to:

> U.S. Department of Transportation,
>
> Maritime Administration, Division of National Cargo,
>
> 400 7th Street, S.W.,
>
> Washington DC 20590,
>
> and
>
> U.S. Agency for International Development,
>
> Office of Acquistion & Assistance, Transportation Division
>
> 1300 Pennsylvania Avenue, N.W.
>
> Washington, DC 20523-7900

\(e\) Shipments by voluntary nonprofit relief agencies (i.e., PVOs)
shall be governed by this standard provision and by USAID Regulation 2,
\"Overseas Shipments of Supplies by Voluntary Nonprofit Relief
Agencies\" (22 CFR 202).

\(f\) Shipments financed under this award must meet applicable
eligibility requirements set out in 22 CFR 228.21.

\(g\) This provision will be included in all subagreements which will
finance goods to be shipped on ocean vessels.

**(END OF STANDARD PROVISION)**

**5. PROCUREMENT OF GOODS AND SERVICES (OCTOBER 1998)**

(This provision is applicable when the procurement element of an award
is over \$10,000.)

> The recipient may use its own procurement policies and practices for
> the procurement of goods and services under this award, provided they
> conform to all of USAID\'s requirements listed below and the standard
> provision entitled \"USAID Eligibility Rules For Goods and Services\".

\(a\) [General Requirements:]{.underline}

\(1\) The recipient shall maintain a written code or standards of
conduct that shall govern the performance of its employees engaged in
the awarding and administration of contracts. No employee, officer, or
agent shall participate in the selection, award, or administration of a
contract supported by Federal funds if a real or apparent conflict of
interest would be involved. Such conflict would arise when the employee,
officer or agent, or any member of the employee's immediate family, the
employee's partner, or an organization which employs or is about to
employ any of the parties indicated herein, has a financial or other
interest in the firm selected for an award. The officers, employees, and
agents of the recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to
subagreements. However, recipients may set standards for situations in
which the financial interest is not substantial or the gift is an
unsolicited item of nominal value. The standards of conduct shall
provide for disciplinary actions to be applied for violations of such
standards by officers, employees, or agents of the recipient.

\(2\) All procurement transactions shall be conducted in a manner to
provide, to the maximum extent practical, open and free competition. The
recipient shall be alert to organizational conflicts of interest as well
as noncompetitive practices among contractors that may restrict or
eliminate competition or otherwise restrain trade. In order to ensure
objective contractor performance and eliminate unfair competitive
advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids, and/or requests
for proposals shall be excluded from competing for such procurements.
Contracts shall be made to the offeror whose offer is responsive to the
solicitation and is most advantageous to the recipient, price, quality,
and other factors considered. Solicitations shall clearly establish all
requirements that the bidder or offeror shall fulfill in order to be
evaluated by the recipient. Any and all offers may be rejected when it
is in the recipient\'s interest to do so.

\(3\) All recipients shall establish written procurement procedures.
These procedures shall provide, at a minimum, that:

> \(i\) Recipients avoid purchasing unnecessary items,
>
> \(ii\) Where appropriate, an analysis is made of lease and purchase
> alternatives to determine which would be the most economical and
> practical procurement, and
>
> \(iii\) Solicitations for goods and services provide for all of the
> following:
>
> \(A\) A clear and accurate description of the technical requirements
> for the material, product or service to be procured. In competitive
> procurements, such a description shall not contain features which
> unduly restrict competition.
>
> \(B\) Requirements which the bidder/offeror must fulfill and all other
>
> factors to be used in evaluating bids or proposals.
>
> \(C\) A description, whenever practicable, of technical requirements
> in terms of functions to be performed or performance required,
> including the range of acceptable characteristics or minimum
> acceptable standards.
>
> \(D\) The specific features of \"brand name or equal\" descriptions
> that bidders are required to meet when such items are included in the
> solicitation.
>
> \(E\) The acceptance, to the extent practicable and economically
> feasible, of products and services dimensioned in the metric system of
> measurement.
>
> \(F\) Preference, to the extent practicable and economically feasible,
> for products and services that conserve natural resources and protect
> the environment and are energy efficient.
>
> \(iv\) Positive efforts shall be made by the recipients to utilize
> U.S. small business, minority owned firms, and women\'s business
> enterprises, whenever possible. Recipients of USAID awards shall take
> all of the following steps to further this goal:
>
> \(A\) Make information on forthcoming opportunities available and
> arrange time frames for purchases and contracts to encourage and
> facilitate participation by small businesses, minority-owned firms,
> and women\'s business enterprises. To permit USAID, in accordance with
> the small business provisions of the Foreign Assistance Act of 1961,
> as amended, to give United States small business firms an opportunity
> to participate in supplying commodities and services procured under
> the award, the recipient shall to the maximum extent possible provide
> the following information to the Office of Small and Disadvantaged
> Business Utilization (OSDBU/MRC), USAID, Washington, D.C. 20523, at
> least 45 days prior to placing any order or contract in excess of
> \$100,000:
>
> \(a\) Brief general description and quantity of goods or services;
>
> \(b\) Closing date for receiving quotations, proposals, or bids; and
>
> \(c\) Address where solicitations or specifications can be obtained.
>
> \(B\) Consider in the contract process whether firms competing for
> larger contracts intend to subcontract with small businesses,
> minority-owned firms, and women\'s business enterprises.
>
> \(C\) Encourage contracting with consortiums of small businesses,
> minority-owned firms, and women\'s business enterprises when a
> contract is too large for one of these firms to handle individually.
>
> \(D\) Use the services and assistance, as appropriate, of such
> organizations as the Small Business Administration and the Department
> of Commerce\'s Minority Business Development Agency in the
> solicitation and utilization of small businesses, minority-owned
> firms, and women\'s business enterprises.
>
> \(v\) The type of procurement instruments used, (e.g. fixed price
> contracts, cost reimbursable contracts, purchase orders, incentive
> contracts), shall be determined by the recipient but shall be
> appropriate for the particular procurement and for promoting the best
> interest of the program or project involved. The
> \"cost-plus-a-percentage-of-cost\" or \"percentage of construction
> cost\" methods of contracting shall not be used.
>
> \(vi\) Contracts shall be made only with responsible contractors who
> possess the potential ability to perform successfully under the terms
> and conditions of the proposed procurement. Consideration shall be
> given to such matters as contractor integrity, record of past
> performance, financial and technical resources, or accessibility to
> other necessary resources. Contracts shall not be made with firms or
> individuals whose name appears on the \"Lists of Parties Excluded from
> Federal Procurement and Nonprocurement Programs.\" USAID will provide
> the grantee with copy of this list upon request.
>
> \(vii\) Recipients shall, on request, make available for USAID,
> pre-award review and procurement documents, such as request for
> proposals or invitations for bids, independent cost estimates, etc.,
> when any of the following conditions apply:
>
> \(A\) A recipient\'s procurement procedures or operation fails to
> comply with the procurement standards in this part, and
>
> \(B\) The procurement is expected to exceed \$10,000.
>
> \(viii\) The recipient shall document some form of price or cost
> analysis in its procurement files in connection with every procurement
> action. Price analysis may be accomplished in various ways, including
> the comparison of price quotations submitted, and market prices,
> together with discounts. Cost analysis is the review and evaluation of
> each element of cost to determine reasonableness, allocability, and
> allowability.
>
> \(ix\) Procurement records and files for purchases in excess of the
> recipient\'s own small purchase threshold shall include the following
> at a minimum:
>
> \(A\) Basis for contractor selection;
>
> \(B\) Justification for lack of competition when competitive bids or
> offers are not obtained, and;
>
> \(C\) Basis for award cost or price.
>
> \(x\) A system for contract administration shall be maintained to
> ensure contractor conformance with terms, conditions, and
> specifications of the contract and to ensure adequate and timely
> follow up of all purchases. Recipients shall evaluate contractor
> performance and document, as appropriate, whether contractors have met
> the terms, conditions, and specifications of the contract.

\(b\) The recipient shall include, in addition to provisions to define a
sound and complete contract, the following provisions in all contracts.
The following provisions shall also be applied to subcontracts.

\(1\) Contracts in excess of \$10,000 shall contain contractual
provisions or conditions that allow for administrative, contractual, or
legal remedies in instances in which a contractor violates or breaches
the contract terms, and provide for such remedial actions as may be
appropriate.

\(2\) All contracts in excess of \$10,000 shall contain suitable
provisions for termination by the recipient, including the manner by
which termination will be effected and the basis for settlement. In
addition, such contracts shall describe conditions under which the
contract may be terminated for default as well as conditions where the
contract may be terminated because of circumstances beyond the control
of the contractor.

\(3\) All negotiated contracts (except those for less than the
recipient\'s small purchase threshold) awarded by the recipient shall
include a provision to the effect that the recipient, USAID, the
Comptroller General of the United States, or any of their duly
authorized representatives, shall have access to any books, documents,
papers, and records of the contractor which are directly pertinent to
the specific program for the purpose of making audits, examinations,
excerpts and transcriptions.

\(4\) In all contracts for construction or facility improvement awarded
for more than \$100,000, the recipient shall observe generally accepted
bonding requirements.

\(5\) Contracts, the principal purpose of which is to create, develop,
or improve products, processes, or methods; or for exploration into
fields that directly concern public health, safety, or welfare; or
contracts in the fields of science or technology in which there has been
little significant experience outside of work funded by the U.S.
Government, shall contain a notice to the effect that matters regarding
rights to inventions, intellectual property, and materials generated
under the contract are subject to the regulations included in these
grant provisions. The contractor shall be advised as

to the source of additional information regarding these matters.

**(END OF STANDARD PROVISION)**

**6. USAID ELIGIBILITY RULES FOR GOODS AND SERVICES (SEPTEMBER 1998)**

> (This provision is applicable when the costs for goods or services
> will be paid for with USAID funds. This provision is not applicable if
> the recipient is providing for the goods or services with private
> funds as part of a cost-sharing requirement, or with Program Income
> generated under the award)

\(a\) Ineligible and Restricted Goods and Services: USAID\'s policies on
ineligible and restricted goods and services are contained in ADS
Chapter 312. (See ADS 312)

\(1\) Ineligible Goods and Services. Under no circumstances shall the
recipient procure any of the following under this award:

> \(i\) Military equipment,
>
> \(ii\) Surveillance equipment,

\(iii\) Commodities and services for support of police or other law
enforcement activities,

> \(iv\) Abortion equipment and services,
>
> \(v\) Luxury goods and gambling equipment, or
>
> \(vi\) Weather modification equipment.

\(2\) Ineligible Suppliers. Funds provided under this award shall not be
used to procure any goods or services furnished by any firm or
individual whose name appears on the \"Lists of Parties Excluded from
Federal Procurement and Nonprocurement Programs.\" USAID will provide
the recipient with this list upon request.

\(3\) Restricted Goods. The recipient shall not procure any of the
following goods and services without the prior approval of the Agreement
Officer:

> \(i\) Agricultural commodities,
>
> \(ii\) Motor vehicles,
>
> (iii)Pharmaceuticals,
>
> \(iv\) Pesticides,
>
> \(v\) Used equipment,
>
> \(vi\) U.S. Government-owned excess property, or
>
> (vii)Fertilizer.

Prior approval will be deemed to have been met when:

\(i\) The item is of U.S. source/origin;

> \(ii\) The item has been identified and incorporated in the program
> description or schedule of the award (initial or revisions), or
> amendments to the award; and

\(iii\) The costs related to the item are incorporated in the approved
budget of the award.

Where the item has not been incorporated into the award as described
above, a separate written authorization from

the Agreement Officer must be provided before the item is procured.

\(b\) Source, Origin, and Nationality: The eligibility rules for goods
and services based on source, origin, and

nationality are divided into two categories. One applies when the total
procurement element during the life of the

> award is over \$250,000 and the other applies when the total
> procurement element during the life of the award is not over
> \$250,000, or the award is funded under the Development Fund for
> Africa (DFA) regardless of the amount. The total procurement element
> includes procurement of all goods (e.g. equipment, materials,
> supplies) and services. Guidance on the eligibility of specific goods
> or services may be obtained from the Agreement Officer. USAID policies
> and definitions on source, origin and nationality are contained in 22
> CFR 228, Rules on Source, Origin and Nationality for Commodities and
> Services Financed by the Agency for International Development, which
> is incorporated into this Award in its entirety. A copy will be
> provided upon request.
>
> \(1\) For DFA funded awards or when the total procurement element
> during the life of the award is valued at \$250,000 or less, the
> following rules apply:
>
> \(i\) The authorized source for procurement of all goods and services
> to be reimbursed under the award is USAID Geographic Code 935,
> \"Special Free World,\" and such goods and services must meet the
> source, origin and nationality requirements set forth in 22 CFR 228 in
> accordance with the following order of preference:
>
> \(A\) The United States (USAID Geographic Code 000),
>
> \(B\) The Cooperating Country,
>
> \(C\) USAID Geographic Code 941, and
>
> \(D\) USAID Geographic Code 935.

\(ii\) Application of Order of Preference: When the recipient procures
goods and services from other than U.S. sources, under the order of
preference in paragraph (b)(1)(i) above, the recipient shall document
its files to justify each such instance. The documentation shall set
forth the circumstances surrounding the procurement and shall be based
on one or more of the following reasons, which will be set forth in the
recipient\'s documentation:

> \(A\) The procurement was of an emergency nature, which would not
> allow for the delay attendant to soliciting U.S. sources,
>
> \(B\) The price differential for procurement from U.S. sources
> exceeded by 50% or more the delivered price from the non-U.S. source,
>
> \(C\) Compelling local political considerations precluded
> consideration of U.S. sources,
>
> \(D\) The goods or services were not available from U.S. sources, or
>
> \(E\) Procurement of locally available goods and services, as opposed
> to procurement of U.S. goods and services, would best promote the
> objectives of the Foreign Assistance program under the award.

\(2\) When the total procurement element exceeds \$250,000, (unless
funded by DFA), the following applies: Except as may be specifically
approved or directed in advance by the Agreement Officer, all goods and
services financed with U.S. dollars, which will be reimbursed under this
award must meet the source, (including origin) and nationality
requirements set forth in 22 CFR 228 for the authorized geographic code
specified in the schedule of this award. If none is specified, the
authorized source is Code 000, the United States.

\(c\) Printed or Audio-Visual Teaching Materials: If the effective use
of printed or audio-visual teaching materials depends upon their being
in the local language and if such materials are intended for technical
assistance projects or activities financed by USAID in whole or in part
and if other funds including U.S.-owned or U.S.-controlled local
currencies are not readily available to finance the procurement of such
materials, local language versions may be procured from the following
sources in order of preference:

> \(1\) The United States (USAID Geographic Code 000),
>
> \(2\) The Cooperating Country,
>
> \(3\) \"Selected Free World\" countries (USAID Geographic Code 941),
>
> \(4\) \"Special Free World\" countries (USAID Geographic Code 899).

\(d\) If USAID determines that the recipient has procured any of these
specific restricted goods under this award without the prior written
authorization of the Agreement Officer, and has received payment for
such purposes, the Agreement Officer may require the recipient to refund
the entire amount of the purchase.

\(e\) This provision will be included in all subagreements which include
procurement of goods or services which total over \$5,000.

**(END OF STANDARD PROVISION)**

**7. SUBAGREEMENTS (OCTOBER 1998)**

(This provision is applicable when subgrants or cooperative agreements
are financed under the award.)

\(a\) Subawards shall be made only with responsible recipients who
possess the potential ability to perform successfully under the terms
and conditions of a proposed agreement. Consideration shall be given to
such matters as integrity, record of past performance, financial and
technical resources**,** or accessibility to other necessary resources.
Awards shall not be made to firms or individuals whose name appears on
the \"Lists of Parties Excluded from Federal Procurement and
Nonprocurement Programs.\" USAID will provide the grantee with a copy of
this list upon request.

\(b\) All subagreements shall at a minimum contain provisions to define
a sound and complete agreement in addition to those that are
specifically required by any other provisions in this award. Whenever a
provision within this award is required to be inserted in a
subagreement, the recipient shall insert a statement in the subagreement
that in all instances where USAID is mentioned, the recipient\'s name
will be substituted. If subagreements are being made to U.S.
organizations, a suggested subaward format incorporating 22 CFR 226 and
Standard Provisions will be provided.

**(END OF STANDARD PROVISION)**

**8. LOCAL PROCUREMENT (OCTOBER 1998)**

(This provision is applicable when goods or services are procured under
the award.)

\(a\) Financing local procurement involves the use of appropriated funds
to finance the procurement of goods and services supplied by local
businesses, dealers**,** or producers, with payment normally being in
the currency of the cooperating country. Regardless of which source,
origin**,** and nationality rules in paragraph (b) of the Provision
entitled \"USAID Eligibility Rules for Goods and Services\" apply, these
rules may be followed for local procurement. Rules on Ineligible and
Restricted goods continue to apply.

\(b\) Locally financed procurements must be covered by source and
nationality waivers as set forth in 22 CFR 228, Subpart F, except as
provided for in the Standard Provision \"USAID Eligibility Rules for
Goods and Services,\" or when one of the following exceptions applies:

\(1\) Locally available commodities of U.S. origin, which are otherwise
eligible for financing, if the value of the transaction is estimated not
to exceed \$100,000 exclusive of transportation costs.

\(2\) Commodities of geographic code 935 origin if the value of the
transaction does not exceed the local currency equivalent of \$5,000.

\(3\) Professional services contracts estimated not to exceed \$250,000.

\(4\) Construction services contracts estimated not to exceed
\$5,000,000.

\(5\) Commodities and services available only in the local economy (no
specific per transaction value applies to this category). This category
includes the following items:

\(i\) Utilities including fuel for heating and cooking, waste disposal
and trash collection;

\(ii\) Communications - telephone, telex, fax, postal and courier
services;

\(iii\) Rental costs for housing and office space;

\(iv\) Petroleum, oils and lubricants for operating vehicles and
equipment;

\(v\) Newspapers, periodicals and books published in the cooperating
country;

\(vi\) Other commodities and services and related expenses that, by
their nature or as a practical matter, can only be acquired, performed,
or incurred in the cooperating country, e.g., vehicle maintenance, hotel
accommodations, etc.

\(c\) The coverage on ineligible and restricted goods and services in
the standard provision entitled, \"USAID Eligibility Rules for Goods and
Services,\" also apply to local procurement.

\(d\) This provision will be included in all subagreements where local
procurement of goods or services will be financed with USAID funds.

**(END OF STANDARD PROVISION)**

**9. NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS (MAY 1986)**

> (This provision is applicable when work under the award is performed
> in the United States or when employees are recruited in the United
> States.)

No U.S. citizen or legal resident shall be excluded from participation
in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity funded by this award on the
basis of race, color, national origin, age, handicap, or sex.

**10. PUBLICATIONS AND MEDIA RELEASES (AAPD 04-06, FEB 2004)**

(This provision is applicable when publications are financed under the
award.)

\(a\) USAID shall be prominently acknowledged in all publications,
videos, or other information/media products funded or partially

funded through this award, and the product shall state that the views
expressed by the author(s) do not necessarily reflect those

of USAID. Acknowledgments should identify the sponsoring USAID Office
and Bureau or Mission as well as the U.S. Agency for

International Development substantially as follows:

\"This \[publication, video or other information/media product
(specify)\] was made possible through support provided by the Office

of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Bureau for
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, U.S. Agency for International
Development, under the terms of Award No. \_\_\_\_\_\_\_\_\_\_\_\_. The
opinions expressed herein are those of the author(s) and do not
necessarily reflect the views of the U.S.

Agency for International Development.\"

\(b\) Unless the recipient is instructed otherwise by the Cognizant
Technical Office, publications, videos, or other information/media

products funded under this award and intended for general readership or
other general use will be marked with the USAID logo

and/or U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT appearing either at the
top or at the bottom of the front cover or, if more suitable, on the
first inside title page for printed products, and in equivalent
appropriate location in videos or other

information/media products. Logos and markings of co-sponsors or
authorizing institutions should be similarly located and of similar

size and appearance.

\(c\) The recipient shall provide the USAID Cognizant Technical Officer
one copy of all published works developed under the award

with lists of other written work produced under the award. In addition,
the recipient shall submit one copy, in electronic

(preferred) or paper form of final documents to one of the following:
(1) Via E-mail: docsubmit@dec.cdie.org ; (2) Via U.S. Postal Service:
Development Experience Clearinghouse, 8403 Colesville Road, Suite 210,
Silver Spring, MD 20910, USA; (3) Via Fax: (301) 588-7787; or (4)
Online: http://www.dec.org/index.cfm?fuseaction=docSubmit.home.

\(d\) Electronic documents may be submitted on 3.5" diskettes or as
e-mail attachments, and should consist of only one electronic file

that comprises the complete and final equivalent of the paper copy;
otherwise, a paper copy should be sent. Acceptable software formats for
electronic documents include Microsoft Word, WordPerfect, Microsoft
Excel and Portable Document Format (PDF).

Each document submitted should include the following information: 1)
descriptive title; 2) author(s) name; 3) award number; 4)

sponsoring USAID office; 5) date of publication; 6) software name and
version (if electronic document is sent).

\(e\) In the event award funds are used to underwrite the cost of
publishing, in lieu of the publisher assuming this cost as is the

normal practice, any profits or royalties up to the amount of such cost
shall be credited to the award unless the schedule of the

award has identified the profits or royalties as program income.

\(f\) Except as otherwise provided in the terms and conditions of the
award, the author or the recipient is free to copyright any books,

publications, or other copyrightable materials developed in the course
of or under this award, but USAID reserves a royalty-free,

nonexclusive, and irrevocable right to reproduce, publish, or otherwise
use, and to authorize others to use the work for

Government purposes.

**(END OF STANDARD PROVISION)**

**11. REGULATIONS GOVERNING EMPLOYEES (JUNE 1993)**

(The following applies to the recipient\'s employees who are not
citizens of the cooperating country.)

\(a\) The recipient\'s employees shall maintain private status and may
not rely on local U.S. Government offices or facilities for support
while under this recipient.

\(b\) The sale of personal property or automobiles by recipient
employees and their dependents in the foreign country to which they are
assigned shall be subject to the same limitations and prohibitions which
apply to direct-hire USAID personnel employed by the Mission including
the rules contained in 22 CFR Part 136, except as this may conflict with
host government regulations.

\(c\) Other than work to be performed under this award for which an
employee is assigned by the recipient, no employee of the recipient
shall engage directly or indirectly, either in the individual\'s own
name or in the name or through an agency of another person, in any
business, profession, or occupation in the foreign countries to which
the individual is assigned, nor shall the individual make loans or
investments to or in any business, profession, or occupation in the
foreign countries to which the individual is assigned.

\(d\) The recipient\'s employees, while in a foreign country, are
expected to show respect for its convention, customs, and institutions,
to abide by its applicable laws and regulations, and not to interfere in
its internal political affairs.

\(e\) In the event the conduct of any recipient employee is not in
accordance with the preceding paragraphs, the recipient\'s chief of
party shall consult with the USAID Mission Director and the employee
involved, and shall recommend to the recipient a course of action with
regard to such employee.

\(f\) The parties recognize the rights of the U.S. Ambassador to direct
the removal from a country of any U.S. citizen or the discharge from
this award of any third country national when, in the discretion of the
Ambassador, the interests of the United States so require.

\(g\) If it is determined, under either (e) or (f) above, that the
services of such employee shall be terminated, the recipient shall use
its best efforts to cause the return of such employee to the United
States, or point of origin, as appropriate.

**(END OF STANDARD PROVISION)**

**12. NEGOTITATED OVERHEAD RATES - PROVISIONAL (OCTOBER 1998)**

> (This provision is applicable to all recipients whose indirect cost
> rates under this award are on a provisional basis.)

\(a\) Provisional indirect cost rates shall be established for the
recipient\'s accounting periods during the term of this award. Pending
establishment of revised provisional or final rates, allowable indirect
costs shall be reimbursed at the rates, on the bases, and for the
periods shown in the Schedule of this award.

\(b\) The recipient, not later than nine months after the close of each
of its accounting periods during the term of this award, shall submit to
the Agreement Officer proposed final indirect cost rates with supporting
cost data. The proposed rates shall be based on the recipient\'s actual
cost experience during that fiscal year. Negotiations of final indirect
cost rates shall begin soon after receipt of the recipient\'s proposal.

\(c\) Allowability of costs and acceptability of cost allocation methods
shall be determined in accordance with the applicable cost principles.

\(d\) The results of each negotiation shall be set forth in an indirect
cost rate agreement signed by both parties. Such agreement is
automatically incorporated into this award and shall specify (1) the
agreed upon final rates, (2) the bases to which the rates apply, (3) the
fiscal year for which the rates apply and (4) the items treated as
direct costs. The agreement shall not change any monetary ceiling, award
obligation, or specific cost allowance or disallowance provided for in
this award.

\(e\) Pending establishment of final indirect cost rates for any fiscal
year, the recipient shall be reimbursed either at negotiated provisional
rates or at billing rates acceptable to the Agreement Officer, subject
to appropriate adjustment when the final rates for the fiscal year are
established. To prevent substantial overpayment or underpayment, the
provisional or billing rates may be prospectively or retroactively
revised by mutual agreement.

\(f\) Any failure by the parties to agree on any final rate(s) under
this provision shall be considered a dispute within the meaning of the
standard provision of the grant, entitled \"Disputes\".

**(END OF STANDARD PROVISION)**

**13a. TITLE TO AND USE OF PROPERTY (RECIPIENT TITLE; OVER \$ 50,000)
(OCTOBER 1998)**

> {This provision is applicable only when title to property is vested in
> the recipient and over \$50,000 in equipment is expected to be
> procured with USAID funds. Equipment is defined as any tangible
> personal property having a useful life of more than one year and an
> acquisition cost of \$5,000 or more per unit.)

\(a\) Title to all property financed under this award shall vest in the
recipient.

\(b\) The recipient agrees to use and maintain the property for the
purpose of the award in accordance with the following procedures:

1\) The recipient shall not use equipment acquired with U.S. Government
funds to provide services to non-U.S. Government outside organizations
for a fee that is less than private companies charge for equivalent
services.

2\) The recipient shall use the equipment in the program for which it
was acquired as long as needed, whether or not the program continues to
be supported by U.S. Government funds and shall not encumber the
property without approval of USAID. When no longer needed for the
original program, the recipient shall use the equipment in connection
with its other Federally-sponsored activities, in the following order of
priority:

> i\) Activities sponsored by USAID, then

ii\) Activities sponsored by other U.S. Government agencies.

3\) During the time that equipment is used on the program for which it
was acquired, the recipient shall make it available for use on other
programs if such other use will not interfere with the work on the
program for which the equipment was originally acquired. User charges
shall be treated as program income.

4\) When acquiring replacement equipment, the recipient may use the
equipment to be replaced as trade-in or sell the equipment and use the
proceeds to offset the costs of the replacement equipment subject to the
approval of the Agreement Officer.

5\) The recipient\'s property management standards for equipment
acquired with U.S. Government funds and federally-owned equipment shall
include all of the following:

> i\) Equipment records shall be maintained accurately and shall include
> the following information:
>
> A\) A description of the equipment,
>
> B\) Manufacturer\'s serial number, model number, U.S. Government stock
> number, national stock number, or other identification number;
>
> C\) Source of the equipment, including the award number;
>
> D\) Whether title vests in the recipient, the U.S. Government or other
> specified entity;
>
> E\) Acquisition date (or date received, if the equipment was furnished
> by the U.S. Government) and cost;
>
> F\) Information from which on can calculate the percentage of U.S.
> Government participation in the cot of the equipment (not applicable
> to equipment furnished by the U.S. Government);
>
> G\) Location and condition of the equipment and the date the
> information was reported;
>
> H\) Unit acquisition cost;
>
> I\) Ultimate disposition data, including date of disposal and sales
> price or the method used to determine current fair market value where
> a recipient compensated USAID for its share.
>
> ii\) A physical inventory of equipment shall be taken and the results
> reconciled with the equipment records at least once every two years.
> Any differences between quantities determined by the physical
> inspection and those shown in the accounting records shall be
> investigated to determine the causes of the difference. The recipient
> shall, in connection with the inventory, verify the existence, current
> utilization, and continued need for the equipment.
>
> iii\) A control system shall be in effect to insure adequate
> safeguards to prevent loss, damage, or theft of the equipment. Any
> loss, damage, or theft shall be investigated and fully documented and
> the recipient shall promptly notify the Agreement Officer.
>
> iv\) Adequate maintenance procedures shall be implemented to keep the
> equipment in good condition;
>
> v\) Where the recipient is authorized or required to sell the
> equipment, proper sales procedures shall be established which provide
> for competition to the extent practicable and result in the highest
> possible return.

6\) When the recipient no longer needs the equipment, the equipment may
be used for other activities in accordance with the following standards:

> i\) For equipment with a current per unit fair market value of \$5,000
> or more, the recipient may retain the equipment for other uses
> provided that compensation is made to USAID for its share.
>
> ii\) If the recipient has no need for USAID-financed equipment, the
> recipient shall request disposition instructions from the Agreement
> Officer.
>
> A\) If so instructed or if disposition instructions are not issued
> within 120 calendar days after the recipient\'s request, the recipient
> shall sell the equipment and reimburse USAID its share. The recipient
> shall be permitted to deduct and retain from the USAID share \$500 or
> ten percent of the proceeds, whichever is less, for the recipient\'s
> selling and handling expenses.
>
> B\) If the recipient is instructed to ship or otherwise dispose of the
> equipment, the recipient will be reimbursed by USAID for reasonable
> expenses incurred in disposition.

\(c\) USAID reserves the right to transfer the title to USAID or a third
party. The equipment shall be appropriately identified in the award or
otherwise made known to the recipient in writing by the Agreement
Officer. When USAID exercises its right to take title, the equipment
shall be subject to the Standard Provision entitled \"Title to and Care
of Property\" (U.S. Government Title).

\(d\) Within 90 calendar days after the date of completion of the award
the recipient shall submit an inventory of all property with the final
performance report. The final inventory shall list all equipment
acquired with award funds or received from USAID.

\(e\) Title to supplies and other expendable equipment shall vest in the
recipient upon acquisition. If there is a residual inventory of
new/unused supplies exceeding \$5,000 in total aggregate value upon
termination or completion of the project or program and the supplies are
not needed for any other U.S. Government-sponsored project or program,
the recipient may retain the supplies but must compensate USAID for its
share. The recipient shall not use supplies acquired with USAID funds to
provide services to outside organizations for a fee that is less than
private companies charge for equivalent services, unless specifically
authorized by U.S. Government statute as long as the U.S. Government
retains an interest in the supplies.

\(f\) Recipients shall, at a minimum, provide the equivalent insurance
coverage for real property and equipment acquired with Federal funds as
provided to property owned by the recipient.

\(g\) If the purchase of real property (meaning land, land improvements,
structures, and appurtenances thereto) is supported under the award,
separate instructions will be provided to the recipient by the Agreement
Officer.

**(END OF STANDARD PROVISION)**

**13b. TITLE TO AND USE OF PROPERTY (RECIPIENT TITLE \$ 50,000 and
Under) (OCTOBER 1998)**

> {This provision is applicable only when title to property is vested in
> the recipient and under \$50,000 in equipment is expected to be
> procured with USAID funds. Equipment is defined as any tangible
> personal property having a useful life of more than one year and an
> acquisition cost of \$5,000 or more per unit.)

\(a\) Title to all property financed under this award shall vest in the
recipient.

\(b\) The recipient agrees to use and maintain the property for the
purpose of the award and in accordance with the procedures established
in this Provision.

\(c\) With respect to property having an acquired value of \$5,000 or
more, the recipient agrees to report such items to the Agreement Officer
as they are acquired and to maintain a control system which will permit
their ready identification and location.

\(d\) Within ninety calendar days after the end of the award, the
recipient will provide a list to the Agreement Officer and the Cognizant
Technical Officer of each item that has current fair market value of
\$5,000 or more with a detailed proposal of what the recipient intends
to do with that property. If the Agreement Officer does not respond
within 120 calendar days, the recipient may proceed with the disposition
of the property. However, if the recipient uses the property for
purposes other than those of the award or sells or leases the property,
USAID shall be reimbursed of its share of the property unless the
Agreement Officer authorizes USAID\'s share of the income from selling
or leasing the property to be used as program income. This share is
based upon the percentage of USAID\'s contribution to the recipient\'s
program. If USAID paid 100% of the recipient\'s costs, then USAID would
receive 100% of the selling cost less a nominal selling fee of \$500 or
10%, whichever is less.

**(END OF STANDARD PROVISION)**

**14. TITLE TO AND CARE OF PROPERTY (U.S. GOVERNMENT TITLE) (OCTOBER
1998)**

(This provision is applicable when title to property is vested in the
U.S. Government.)

\(a\) Property, title to which vests in the Government under this award,
whether furnished by the Government or acquired by the recipient, is
subject to this provision and is hereinafter collectively referred to as
\"Government property.\" Title to Government property shall not be
affected by the incorporation or attachment thereof to any property not
owned by the Government, nor shall such Government property, or any part
thereof, be or become a fixture or lose its identity as personal
property by reason of affixation to any real property.

\(b\) Use of Government Property: Government property shall, unless
otherwise provided herein or approved by the Agreement Officer, be used
only for the performance of this award.

> \(c\) Control, Maintenance and Repair of Government Property:

\(1\) The recipient shall maintain and administer in accordance with
sound business practice a program for the maintenance, repair,
protection, and preservation of Government property so as to assure its
full availability and usefulness for the performance of this award. The
recipient shall take all reasonable steps to comply with all appropriate
directions or instructions which the Agreement Officer may prescribe as
reasonably necessary for the protection of the Government property.

\(2\) The recipient shall submit, for review by the Agreement Officer, a
records system for property control and a program for orderly
maintenance of Government property; however, if the property control and
maintenance system has been reviewed by another U.S. Government
department or agency pursuant to Section \_\_.30 through \_\_.36 of OMB
Circular A-110, the recipient shall furnish the Agreement Officer proof
of such review in lieu of another submission.

\(3\) Property Control: The property control system shall include but
not be limited to the following:

> \(i\) Identification of each item of Government property acquired or
> furnished under the award by a serially controlled identification
> number and by description of item. Each item must be clearly marked
> \"Property of U.S. Government.\"
>
> \(ii\) The price of each item of property acquired or furnished under
> this award.
>
> \(iii\) The location of each item of property acquired or furnished
> under this award.
>
> \(iv\) A record of any usable components which are permanently removed
> from items of Government property as a result of modification or
> otherwise.
>
> \(v\) A record of disposition of each item acquired or furnished under
> the award.
>
> \(vi\) The official property control records shall be kept in such
> condition that at any stage of completion of the work under this
> award, the status of property acquired or furnished under this award
> may be readily ascertained. A report of current status of all items of
> property acquired or furnished under the award shall be submitted
> yearly concurrently with the annual report.

\(4\) Maintenance Program: The recipient\'s maintenance program shall be
consistent with sound business practice, the terms of the award, and
provide for:

> \(i\) Disclosure of need for and the performance of preventive
> maintenance,
>
> \(ii\) Disclosure and reporting of need for capital type
> rehabilitation, and
>
> \(iii\) Recording of work accomplished under the program.
>
> \(A\) Preventative maintenance - Preventive maintenance is maintenance
> generally performed on a regularly scheduled basis to prevent the
> occurrence of defects and to detect and correct minor defects before
> they result in serious consequences.
>
> \(B\) Records of maintenance - The recipient\'s maintenance program
> shall provide for records sufficient to disclose the maintenance
> actions performed and deficiencies discovered as a result of
> inspections.
>
> \(C\) A report of status of maintenance of Government property shall
> be submitted annually with the annual report.

\(d\) Risk of Loss:

\(1\) The recipient shall not be liable for any loss of or damage to the
Government property, or for expenses incidental to such loss or damage
except that the recipient shall be responsible for any such loss or
damage (including expenses incidental thereto):

> \(i\) Which results from willful misconduct or lack of good faith on
> the part of any of the recipient\'s directors or officers, or on the
> part of any of its managers, superintendents, or other equivalent
> representatives, who have supervision or direction of all or
> substantially all of the recipient\'s business, or all or
> substantially all of the recipient\'s operation at any one plant,
> laboratory, or separate location in which this award is being
> performed;
>
> \(ii\) Which results from a failure on the part of the recipient, due
> to the willful misconduct or lack of good faith on the part of any of
> its directors, officers, or other representatives mentioned in (i)
> above:
>
> \(A\) To maintain and administer, in accordance with sound business
> practice, the program for maintenance, repair, protection, and
> preservation of Government property as required by (i) above, or
>
> \(B\) To take all reasonable steps to comply with any appropriate
> written directions of the Agreement Officer under (c) above;
>
> \(iii\) For which the recipient is otherwise responsible under the
> express terms designated in the schedule of this award;
>
> \(iv\) Which results from a risk expressly required to be insured
> under some other provision of this award, but only to the extent of
> the insurance so required to be procured and maintained, or to the
> extent of insurance actually procured and maintained, whichever is
> greater;
>
> \(v\) Which results from a risk which is in fact covered by insurance
> or for which the recipient is otherwise reimbursed, but only to the
> extent of such insurance or reimbursement; or
>
> \(vi\) Provided, that, if more than one of the above exceptions shall
> be applicable in any case, the recipient\'s liability under any one
> exception shall not be limited by any other exception.

\(2\) The recipient shall not be reimbursed for, and shall not include
as an item of overhead, the cost of insurance, or any provision for a
reserve, covering the risk of loss of or damage to the Government
property, except to the extent that the Government may have required the
recipient to carry such insurance under any other provision of this
award.

\(3\) Upon the happening of loss or destruction of or damage to the
Government property, the recipient shall notify the Agreement Officer
thereof, shall take all reasonable steps to protect the Government
property from further damage, separate the damaged and undamaged
Government property, put all the Government property in the best
possible order, and furnish to the Agreement Officer a statement of:

> \(i\) The lost, destroyed, or damaged Government property;
>
> \(ii\) The time and origin of the loss, destruction, or damage;
>
> \(iii\) All known interests in commingled property of which the
> Government property is a part; and
>
> \(iv\) The insurance, if any, covering any part of or interest in such
> commingled property.

\(4\) The recipient shall make repairs and renovations of the damaged
Government property or take such other action as the Agreement Officer
directs.

\(5\) In the event the recipient is indemnified, reimbursed, or
otherwise compensated for any loss or destruction of or damage to the
Government property, it shall use the proceeds to repair, renovate, or
replace the Government property involved, or shall credit such proceeds
against the cost of the work covered by the award, or shall otherwise
reimburse the Government, as directed by the Agreement Officer. The
recipient shall do nothing to prejudice the Government\'s right to
recover against third parties for any such loss, destruction, or damage,
and upon the request of the Agreement Officer, shall, at the Governments
expense, furnish to the Government all reasonable assistance and
cooperation (including assistance in the prosecution of suits and the
execution of instruments or assignments in favor of the Government) in
obtaining recovery.

\(e\) Access: The Government, and any persons designated by it, shall at
all reasonable times have access to the premises wherein any Government
property is located, for the purpose of inspecting the Government
property.

\(f\) Final Accounting and Disposition of Government Property: Upon
completion of

this award, or at such earlier dates as may be fixed by the Agreement
Officer, the recipient shall submit, in a form acceptable to the
Agreement Officer, inventory schedules covering all items of Government
property not consumed in the performance of this award or not
theretofore delivered to the Government, and shall prepare, deliver, or
make such other disposition of the Government property as may be
directed or authorized by the Agreement Officer.

\(g\) Communications: All communications issued pursuant to this
provision shall be in writing.

**(END OF STANDARD PROVISION)**

**15. TITLE TO AND CARE OF PROPERTY (COOPERATING COUNTRY TITLE)**

**(OCTOBER 1998)**

> (This provision is applicable when an award is funded under an
> agreement between USAID and the Host Country, or when the award
> provides for property titled in the name of the Host Country or such
> public or private agency as the Host Country Government may designate
> to be furnished to or acquired by the recipient.)

\(a\) Except as modified by the Schedule of this award, title to all
equipment, materials, and supplies, the cost of which is reimbursable to
the recipient by USAID or by the cooperating country, shall at all times
be in the name of the cooperating country or such public or private
agency as the cooperating Government may designate, unless title to
specified types or classes of equipment is reserved to USAID under
provisions set forth in the Schedule of this award, but all such
property shall be under the custody and control of recipient until the
owner of title directs otherwise or completion of work under this award
or its termination, at which time custody and control shall be turned
over to the owner of title or disposed of in accordance with its
instructions. All performance guarantees and warranties obtained from
suppliers shall be taken in the name of the title owner.

\(b\) The recipient shall prepare and establish a program, for the
receipt, use, maintenance, protection, custody, and care of equipment,
materials, and supplies for which it has custodial responsibility,
including the establishment of reasonable controls to enforce such
program. The recipient shall be guided by the requirements of 22 CFR
Part 226.30 through 226.36.

\(c\) Within 90 days after completion of this award, or at such other
date as may be fixed by the Agreement Officer, the recipient shall
submit an inventory schedule covering all items of equipment, materials,
and supplies under the recipient\'s custody, title to which is in the
cooperating country or public or private agency designated by the
cooperating country, which have not been consumed in the performance of
this award. The recipient shall also indicate what disposition has been
made of such property.

**(END OF STANDARD PROVISION)**

**17. PUBLIC NOTICES (JUNE 1993)**

(This provision is applicable when the cognizant Technical Officer or SO
Team determines that the award is of

public interest and requests that the provision be included in the
award.)

It is USAID\'s policy to inform the public as fully as possible of its
programs and activities. The recipient is encouraged to give public
notice of the receipt of this award and, from time to time, to announce
progress and accomplishments. Press releases or other public notices
should include a statement substantially as follows:

\"The U.S. Agency for International Development administers the U.S.
foreign assistance program providing economic and humanitarian
assistance in more than 80 countries worldwide.\"

The recipient may call on USAID\'s Office of External Affairs for advice
regarding public notices. The recipient is requested to provide copies
of notices or announcements to the cognizant technical officer and to
USAID\'s Office of Legislative and Public Affairs as far in advance of
release as possible.

**(END OF STANDARD PROVISION)**

**END OF STANDARD PROVISIONS FOR NON-U.S., NONGOVERNMENTAL RECIPIENTS**

#   {#section-12 .unnumbered}

#  

#  SECTION E -- ANNEXES (See attachments)

Note: Annex E documents also referenced on page 12 and 13 of this RFA.

[^1]: The term "youth" is used in Sudan to mean an able-bodied male who
    can work; thus it encompasses a wide age group from the teens
    through what would be considered mid-life in Western terms. This RFA
    uses the term "youth" to encompass the broad age group.

[^2]: USAID/Sudan's Strategic Statement for the period 2006-2008.

[^3]: This summary draws from the March 2005 Reports on the Joint
    Assessment Mission, a fourteen month process co-led by World Bank
    and UNDP, in which a conflict assessment framework is used to
    analyze challenges and recommend contributions to building a
    sustainable peace for the respective parties -- the GOS, the
    Government of Southern Sudan, civil society and the international
    community. In the forward to this report, the late Dr. John Garang,
    Chairman of SPLM and VP of Sudan Ali Osman Mohamad Taha recognize
    the role of civil society and the need for partnership to uphold
    fundamental human rights and develop good governance.

[^4]: This summary draws from the report of the National Democratic
    Institute, "A Foundation for Peace: Citizen Thoughts on the Southern
    Sudan Constitution," June 9, 2005.

[^5]: Recommendations and Resolutions of the Chiefs and Traditional
    Leaders Conference, June 29^th^-July 12^th^, 2004.

[^6]: This summary relies on the observations of an analyst attached to
    an international organization.

[^7]: The term "Garrison Towns" is applied, in the Sudanese context, to
    towns in the Southern Sudan region that were under Government of
    Sudan control. All have developed a military character given the
    nature of the conflict, hence the term garrison.

[^8]: "Jellaba" is the term used by Sudanese of sub-Saharan origin
    (south of Sudan) to refer to Sudanese of "Arab" origin from the
    North and East.