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RFA Number: USAID-Bangladesh-388-08-003-RFA

Issuance Date: June 12, 2008

Deadline for Questions: June 25, 2008

Closing Date: July 21, 2008

Closing Time: 1400 Hours Bangladesh Time

**SUBJECT:** Request for Applications (RFA) Number
USAID-Bangladesh-388-08-003-RFA

Actions for CombatingTrafficking-in-Person (ACT) Program

Dear Prospective Applicant:

The United States Agency for International Development in Dhaka,
Bangladesh (USAID/Bangladesh) is seeking applications for a Cooperative
Agreement from qualified Non-Governmental Organizations (NGOs), Private
Voluntary Organizations (PVOs), Public International Organizations
(PIOs), and other qualified organizations to implement a program
entitled \"Actions for CombatingTrafficking-in-Person (ACT) Program.\"
The authority for this RFA is found in the Foreign Assistance Act of
1961, as amended.

The successful Applicant will be responsible for ensuring achievement of
the program objectives. Please refer to the Program Description in
Section C of this RFA for a complete statement of goals and expected
results.

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

Subject to the availability of funds, USAID plans to provide up to
approximately **\$3,500,000** in total USAID funding for this activity
to be allocated over a four-year period. The estimated amount to be
obligated for year 1 is estimated to be **\$765,000**. USAID reserves
the right to fund any or none of the applications submitted. Although it
is planned to make an award of one cooperative agreement under this RFA,
USAID in its discretion may make awards to more than one organization or
no award. The issuance of an award under this RFA is subject to the
completion of all internal U.S. Government approvals.

This RFA consists of this cover letter and the following:

1.  Section A -- Instructions to Applicants

2.  Section B \-- Selection Criteria

3.  Section C \-- Program Description

4.  Section D \--Certifications and Assurances

5.  Section E \-- Standard Provisions

6.  Section F \-- 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\".

Any questions regarding this RFA should be submitted in writing to Mr.
Rafiqul Islam, Senior A&A Specialist, and Sirajam Munir, A&A Specialist,
via e-mail to <rislam@usaid.gov> and <smunir@usaid.gov> respectively, or
via fax at (880-2) 881-5050. Questions regarding this RFA should be
submitted no **later than June 25, 2008** to provide sufficient time to
address the questions and incorporate the questions and answers as a
modification to this solicitation.

The preferred method of distribution of USAID Requests for Application
(RFA) is via internet. This RFA and any future amendments can be
downloaded from [www.grants.gov](http://www.grants.gov/). All interested
parties are encouraged to register on
[www.grants.gov](http://www.grants.gov/) to receive automatic
notification of amendments to this RFA. It is the responsibility of the
Recipient of the application document to ensure that they have received
from grants.gov the solicitation in its entirety. USAID bears no
responsibility for data errors resulting from transmission or conversion
processes. If you have difficulty accessing the RFA, please contact
Rafiqul Islam at <rislam@usaid.gov> and Sirajam Munir at
<smunir@usaid.gov>.

Applicants shall submit their applications either by e-mail or in hard
copy. If your organization decides to submit applications
electronically, it must ensure that the applications are received at
USAID in its entirety. No addition or modifications will be accepted
after the submission date. Please see **Section A.IV.2** of this RFA for
detailed instructions regarding submission of applications. Applications
and modifications thereof shall be submitted with the name and address
of the applicant and the RFA number (referenced above) inscribed
thereon, to Rafiqul Islam and Sirajam Munir, via e-mail to
<rislam@usaid.gov> and <smunir@usaid.gov> respectively.

Proposals may be sent by international air courier or delivered by hand
to the address below:

[Via U.S. Mail:]{.underline} [Hand or Air Courier Service:]{.underline}

Regional Agreement Officer Regional Agreement Officer

U.S. Agency for International Development Regional Acquisition and
Assistance Office

U.S. Diplomatic Post Office U.S. Agency for International Development

Unit 6120 Box 1000 C/O American Embassy

APO AP 96562-1000 Madani Avenue, Baridhara

Dhaka, Bangladesh Dhaka-1212, Bangladesh

Fax: (880 2) 881-5050

Telephone: (880 2) 885-5500

Please be advised that in the past some firms have experienced delays
with international air courier services. It is legitimate to declare the
CDs included in the proposals as "documents" for local customs purposes.
Applications received after the closing date and time will be processed
as late. Also, if you utilize the services of an independent agent in
Bangladesh to deliver your application, please be certain that he/she
understands additional time may be needed to allow for security review
of any packages and that the closing date and time are firm.

Please note that the U.S. mail given above is via a Diplomatic Post
Office and may take up to three weeks for delivery to the
USAID/Bangladesh in Dhaka, Bangladesh. USAID and the State Department
accept no liability for late delivery, or non-delivery, attributable to
the Diplomatic Post Office. Applicants should plan accordingly.

**Note: Delivery to the U.S. mail, post office or air courier
representative does not constitute meeting the statutory requirement
that applications are received on time at the designated office. For
purposes of recording the official receipt of applications, the
date/time stamp of the Regional Acquisition & Assistance Office at
USAID/Bangladesh will govern.**

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
to the U.S. Government as determined by the Agreement Officer.

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,
USAID reserves the right to reject any or all applications received. In
addition, final award of any resultant cooperative agreement(s) 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.

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

\(a\) Section B - Selection Criteria

\(b\) Section A - Application Format

\(c\) Section C - Program Description

\(d\) This Cover Letter.

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

Thank you for your interest in USAID's programs and activities.

> Sincerely,
>
> Joseph T. McGee
>
> Supervisory Agreement Officer
>
> USAID Bangladesh

**Table of Contents Page**

SECTION A

INSTRUCTION TO APPLICANTS 5

PREPARATION GUIDELINES 5

TECHNICAL APPLICATION FORMAT 6

COST APPLICATION FORMAT [8](#CL_URFASEA_PH000014)

APPLICATION SUBMISSION PROCEDURES 11

SECTION B

SELECTION CRITERIA [14](#CL_URFASEBHD_PH000001)

SECTION C

PROGRAM DESCRIPTION [16](#CL_URFASECHD_PH000001)

SECTION D

PART I -- CERTIFICATIONS 28

PART II -- ASSURANCES 33

SECTION E

STANDARD PROVISIONS 34

SECTION F

ANNEXES 51

# SECTION A - INSTRUCTIONS TO APPLICANTS

## I. 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 B addresses the technical evaluation
criteria for applications. Applications which are submitted late or are
incomplete run the risk of not being considered in the review process.
Late applications will be considered for award if, in the sole
discretion of the Agreement Officer, it is determined that it is in the
U.S. Government\'s interest and if the evaluation process has not yet
commenced.

**[Points of Contact:]{.underline}**

+-----------------------------------+-----------------------------------+
| Rafiqul Islam, Sr. A&A Specialist | Sirajam Munir, A&A Specialist     |
|                                   |                                   |
| USAID/Bangladesh                  | USAID/Bangladesh                  |
|                                   |                                   |
| E-mail: <rislam@usaid.gov>        | E-mail: <smunir@usaid.gov>        |
|                                   |                                   |
| Phone: (880-2) 885-5500, Exten:   | Phone: (880-2) 885-5500, Exten:   |
| 2514                              | 2749                              |
|                                   |                                   |
| Fax No. (880-2) 881-5050          | Fax No. (880-2) 881-5050          |
+-----------------------------------+-----------------------------------+

Technical applications should be specific, complete and presented
concisely. Applications should demonstrate the applicant\'s capabilities
and expertise with respect to achieving the goals of this program.
Applications shall 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 it. Erasures or other changes must be
initialed by the person signing the application.

The length of the Technical Application shall not **exceed 25
single-spaced typed pages**. It shall include an Executive Summary, not
to exceed 2 pages. The Executive Summary shall provide a clear overview
of the results to be achieved, total program cost and total amount of
USAID funding and non-Federal cost share proposed, if any, milestone or
benchmark measures of progress towards achievement and brief summary of
applicant's experience in initiating and administering activities like
those described on the program description.

Past performance references, the performance monitoring and evaluation
plan, and personnel resumes are excluded from the 25-page limitation and
may be included as annexes to the technical application. There is no
page limitation on the Cost Proposal. However, 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 prospective
recipient\'s lack of cost consciousness. Elaborate art work, expensive
paper and bindings, and expensive visual and other presentation aids are
neither necessary nor wanted.

## TECHNICAL APPLICATION FORMAT

**1. Technical Approach**

The technical application must set forth in sufficient detail the
conceptual approach, methodology, and techniques for the accomplishment
of the stated objectives.  It should outline specific, focused
activities; explain how the approach is expected to achieve the proposed
objectives; and describe a plan that will enable the activities to
continue after the cooperative agreement is completed. Applicants will
submit an implementation plan that outlines how the recipient proposes
to achieve the results stated in this RFA. Particular attention will be
given to:

\- Responsiveness to program description

\- Potential for imparting lasting capacities

\- Selection criteria for local NGOs or other partners as appropriate

\- Sound rationale for relative priorities, level of effort and
scheduling of work

\- Clarity in scope and focus of activities to be carried out

\- Well-thought out partnership building strategy

\- Feasibility of achieving objectives and making program sustainable

\- Integration of gender appropriate programming approaches

\- Synergies with other sectors

The implementation plan must state clear and specific descriptions of
the activities, outcomes, and results anticipated. These in turn must be
measured by quantifiable and qualitative indicators throughout the life
of the activity, as defined in a performance monitoring and evaluation
plan.

The analysis should be informed, compelling, and clearly cite source(s)
of information used in the analysis, including relevant stakeholders
consulted and involved in the analytical process.

**2. Management Plan**

The applicants should propose a management plan and describe how the
proposed plan will contribute towards achieving the objectives and
results described in the program description. The proposed plan should
specifically state and justify the composition and organizational
structure of the entire project team. It should also describe how the
technical expertise and experience of all staff members will achieve the
expected results in the program description. The plan should specify the
roles and estimated amount of time each staff member will devote to the
project and/or specific components within the project.

If the applicant plans to collaborate with other organizations,
government agencies or indigenous organizations for the implementation
of the award, the services to be provided by each agency or organization
shall be described.  Applicants who intend to utilize subgrantees and/or
subcontractors shall indicate the extent intended, the method of
identifying them and the tasks/functions they will be performing. 
Applicants shall state whether or not they have existing relationships
with these other organizations and the nature of the relationship (e.g.,
subgrantee, subcontractor, partnership etc).  The applicant must specify
the technical resources and expertise of proposed
subcontract/subrecipient organizations.

The management plan shall also include the mobilization plan. This
should provide a step-by-step outline of how the applicant will get the
activity underway and include a clear timeline.

**3. Key Personnel and Professional Staff**

Applicants must propose which positions should be designated as Key
Personnel and provide personnel qualifications for key and professional
staff that would be utilized on this program if an award is made and
provide references for the candidates proposed for such positions. 
Specify the qualifications and abilities of proposed key personnel that
are suited to successfully implementing the proposed technical
approach. The Chief of Party should have a proven track record of
managing such programs. The applicant shall also include, in an annex,
resumes for all key personnel candidates and personnel of significant
positions. Resumes may not exceed three pages in length and shall be in
chronological order starting with most recent experience.  Each resume
shall be accompanied by a ***Signed letter of commitment*** from each
candidate indicating his/her: (a) availability to serve in the stated
position, in terms of days after award; (b) intention to serve for a
stated term of the service; and (c) agreement to the compensation levels
which corresponds to the levels set forth in the cost application. As
references may be checked for all proposed long-term personnel, a
minimum of three references for each proposed long-term person is
required.  Applicants should provide current phone, fax and email
address for each reference contact.

**4. Institutional Capacity**

Applicants must provide evidence of their technical and managerial
resources and expertise (or their ability to obtain such) in program
management, grants management and training and their experience in
managing similar programs in the past. Information in this section
should include (but is not limited to) the following:

\(1\) Brief description of organizational history/expertise;

> \(2\) Past experience and examples of accomplishments in developing
> and implementing similar programs;

\(3\) Relevant experience with proposed approaches;

> \(4\) Institutional strength as represented by breadth and depth of
> experienced personnel in project relevant disciplines/areas;

\(5\) Sub-awardee or subcontractor capabilities and expertise; and

\(6\) Financial controls

**5. Past Performance**

Applicants must submit a list of the ten most recent U.S. Government
and/or privately-funded contracts, grants, cooperative agreements, etc.,
and the name, address, email address and telephone number of the Project
Officer, activity manager or other contact person. Include the following
for each award:

-   Name of awarding organization or agency;

-   Address of awarding organization or agency;

-   Place of performance of services or program;

-   Award number;

-   Amount of award;

-   Term of award (begin and end dates of services/program);

-   Name, current telephone number, current fax number, and email
    address (if one is available) of a responsible technical
    representative of that organization or agency;

-   Brief description of the program.

> Similar information should be provided for every partner organization
> that would represent 10% or more of the total proposed project cost.

**6. The suggested outline for the technical application is**:

I. Table of Contents, listing all page numbers and attachments

II\. Executive Summary

III. Technical Approach

> IV\. Management Plan
>
> V. Personnel
>
> V. Institutional Capacity
>
> VI\. Past Performance

VII. Annexes:

     a.  Relevant Past Performance Information (Recipient and Key
         Partner Organizations, if applicable);

     b.  Curriculum Vitae for Key Personnel;

     c.  Performance Monitoring Plan.

[]{#CL_URFASEA_PH000014 .anchor}**7. Marking under Assistance
Instruments**

USAID's mandatory branding/marking requirements became effective on
January 2, 2006. The Applicant may review and download the regulations,
guidance, and graphics at
[www.usaid.gov/branding](http://www.usaid.gov/branding). Applicants
selected for award will be required to provide a "Branding Strategy" and
a "Marking Plan" for review and inclusion in the final award by the
Grant officer. See Section E for the full text of the Branding and
Marking provisions under Assistance Instruments.

## III. 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 a 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 an
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:

1.  A budget with an accompanying budget narrative which provides in
    detail the total costs for implementation of the program your
    organization is proposing. In addition to the detailed budget, a
    summary of the budget must be submitted using Standard Form 424 and
    424A which can be downloaded from the following web site:

> <http://www.grants.gov/agencies/aapproved_standard_forms.jsp#1>

2\. The cost/business application should contain the following budget
categories:

a.  [Direct Labor]{.underline} - Direct salaries and wages for each year
    of the Agreement shall be in accordance with the organization\'s
    established personnel policies. However, the salaries for
    cooperating country nationals should be comparable to the salaries
    of the USG Local Employee Compensation Plan for Bangladesh. To be
    considered adequate, the policies must be in writing, applicable to
    all employees of the organization, is subject to review and approval
    at a high enough organizational level to assure its uniform
    enforcement, and result in costs which are reasonable and allowable
    in accordance with applicable cost principles. The narrative should
    include a level of effort analysis specifying personnel, rate of
    compensation, and amount of time proposed. Anticipated salary
    increases during the period of the Agreement should be included.

b.  [Fringe Benefits]{.underline} - If accounted for as a separate item
    of cost, fringe benefits should be based on the Applicant\'s audited
    fringe benefit rate, supported by a Negotiated indirect Cost Rate
    Agreement (NICRA) or historical cost data. If the latter is used,
    the narrative should include a detailed breakdown comprised of all
    items of fringe benefits (e.g. unemployment insurance, workers
    compensation, health and life insurance, retirement, FICA, etc.) and
    the costs of each, expressed in dollars and as a percentage of
    salaries.

c.  [Supplies and Equipment]{.underline} - Differentiate between
    expendable supplies and nonexpendable equipment (NOTE: Equipment is
    defined as tangible nonexpendable personal property including exempt
    property charged directly to the award having a useful life of more
    than one year and an acquisition cost of \$5,000 or more per unit,
    unless the Applicant\'s established policy establishes nonexpendable
    equipment anticipated to be required to implement the program,
    specifying quantities and unit cost.)

d.  [Allowances]{.underline} must be broken down by specific type and by
    person and must be in accordance with the Applicant's established
    policies.

e.  [Travel and Per Diem]{.underline} - The narrative should indicate
    number of trips, domestic and international, and the estimated unit
    cost of each. Proposed per diem rates must be in accordance with the
    Applicant's established policies and practices that are uniformly
    applied to federally-financed and other activities of the Applicant.

f.  [Other Direct Costs]{.underline} - This could include any
    miscellaneous costs such as communications, report preparation
    costs, passports, visas, medical exams and inoculations, insurance
    (other than the Applicant's normal coverage), etc. The narrative, or
    supporting schedule, should provide a complete breakdown and support
    for each item of other direct costs.

g.  [Proposed (Sub) contracts/agreements]{.underline} - Applicants who
    intend to utilize (sub) contractors or sub recipients should
    indicate the extent intended and a complete cost breakdown, as well
    as all the information required herein for the Applicant. Extensive
    (sub) contract/agreement financial plans should follow the same cost
    format as submitted by the Applicant.

h.  [Contractual:]{.underline} Any goods and services being procured
    through a contract mechanism.

i.  [Organizational Information]{.underline}: Applicants are also
    required to provide the following organizational information:

-   Type of Organization;

-   The name and title of individuals authorized to sign the Cooperative
    Agreement;

-   Taxpayer Identification Number (TIN);

-   Data Universal Numbering System (DUNS) Number;

-   Letter of Credit (LOC) Number, if applicable;

4\. A current Negotiated Indirect Cost Rate Agreement (NICRA) if your
organization has such an agreement with an agency or department of the
U.S. Government.

5\. Required assurances, certifications and representations as indicated
in 424 B entitled Assurances-Non Construction Programs and the
certifications identified in Section D.

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

a.  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;

b.  projected budget, cash flow and an organizational chart for the
    applicant; and

c.  a copy of the organization\'s accounting manual.

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

> a\. has adequate financial resources or the ability to obtain such
> resources as required during the performance of the award;
>
> b\. has the ability to comply with the award conditions, taking into
> account all existing and currently prospective commitments of the
> applicant, nongovernmental and governmental;
>
> c\. 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.
>
> d\. has a satisfactory record of integrity and business ethics; and
>
> e\. is otherwise qualified and eligible to receive a grant under
> applicable laws and regulations (e.g., EEO).

8\. 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.

9\. Certificate of Compliance: Please submit a copy of your Certificate
of Compliance if your organization\'s systems have been certified by the
USAID/Washington\'s Office of Acquisition and Assistance (M/OAA,
formerly known as M/OP).

## 

## IV. APPLICATION SUBMISSION PROCEDURES

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

1\. 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.** Applications which
are submitted late or are incomplete run the risk of not being
considered in the review process. Late applications will be considered
for award if, in the sole discretion of the Agreement Officer, it is
determined that it is in the U.S. Government\'s interest and if the
evaluation process has not yet commenced.

2\. Submission of Applications:

a.  Applicants shall submit their applications either by e-mail
    attachments or in hard copies. If your organization decides to
    submit applications electronically, it must ensure that the
    applications are received at USAID in its entirety. No addition or
    modifications will be accepted after the submission date.
    Applications are to be submitted electronically via e-mail to:
    Rafiqul Islam and Sirajam Munir, via e-mails at <rislam@usaid.gov>
    and <smunir@usaid.gov> respectively. E-mail attachments should be
    formatted in Microsoft Word and/or Microsoft Excel format with **2
    MB limit per e-mail**. Please convert your documents to one of these
    formats before sending them to USAID, or provide scanned copies of
    pages if they include signatures or forms. USAID cannot accept .zip
    files, as they will be blocked by USAID's firewall.

Applications may also be submitted in hard copies via courier services.
The applicants shall submit an original and one (1) hard copy of the
technical application and an original and one (1) hard copy of the cost
application accompanied by a CD with the complete application in
acceptable Microsoft Word or Excel format as described above.

Hard copies of 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 date and time
specified for receipt (i.e., the due date and time), the RFA number, and
the name and address of the applicant.

b\. Faxed applications will not be considered.

c\. Electronic Submission of Applications:

1\. Applications submitted electronically must be either in either
Microsoft Word (for narrative text) or Excel (for tables), unless you
are providing scanned copies of pages that include signatures or forms.

2\. After you have sent your proposals electronically, please
immediately check your own email to confirm that the attachments you
intended to send were indeed sent. If you discover an error in your
transmission, please send the material again and note in the subject
line of the email or indicate in the file name if submitted via
grants.gov that it is a \"corrected\" submission.

3\. Please do not send the same email more than one time unless there
has been a change, and if so, please note that it is a corrected email.

4\. If you send your application by multiple emails, please indicate in
the subject line of the email whether the email relates to the technical
or cost proposal, and the desired sequence of multiple emails (if more
than one is sent) and of attachments (e.g. \"no. 1 of 4\", etc.). For
example, if your cost proposal is being sent in two emails, the first
email should have a subject line which says: \"\[organization name\],
Cost Proposal, Part 1 of 2\".

Our preference is that the technical proposal and the cost proposal be
submitted as single email attachments, e.g. that you consolidate the
various parts of a technical proposal into a single document before
sending it. If this is not possible, please provide instructions on how
to collate the attachments. USAID will not be responsible for errors in
compiling submitted electronic proposals if no instructions are provided
or are unclear.

3\. Preparation of Applications:

a\. 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.

b\. Each applicant shall furnish the information required by this RFA.
The applicant shall sign the application form (SF 424) 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.

c\. 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:

> 1\. 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,
>
> 2\. 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.\"

***4. Explanations to Prospective Recipients:*** Any prospective
applicant desiring an explanation or interpretation of this RFA must
request it in writing to Rafiqul Islam at <rislam@usaid.gov> and Sirajam
Munir at <smunir@usaid.gov> or by fax at (880-2)881-5050. The questions
and answers (Q&A) will be posted as amendment(s) to the RFA on
[www.grants.gov](http://www.grants.gov/). ***The deadline for receipt of
questions is June 25, 2008, 2:00 PM, Dhaka local time.***

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

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

7\. The Applicant 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.

**- END OF SECTION A -**

**SECTION B - SELECTION CRITERIA**

[]{#CL_URFASEBHD_PH000001 .anchor}

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 are requested to organize the narrative
sections of technical proposals according to the evaluation criteria set
forth below.

The recipient will be selected on the basis of its written proposal,
technical approach, its past experience working in this field of
expertise, and a demonstrated capacity to manage human and financial
resources. Proposals will be reviewed by a committee of USAID
representatives and rated based on the criteria listed below (with a
total possible score of 100).

USAID intends to make this award without any oral presentation. The
selection process will entail a "best value" approach in which the
evaluation factors other than cost, when combined, are significantly
more important than cost. Award will be made to the responsible
applicant(s) whose application(s) offers the greatest value, cost and
other factors considered.

To the extent that they are necessary, negotiations will be conducted
with the applicant(s) whose application(s), has or have a reasonable
chance of being selected for award.

The criteria listed below are presented by major category, so that
applicants will know which areas require emphasis in the preparation of
the technical application. Applicants should note that these criteria
serve as the standard against which all technical information will be
evaluated, and serve to identify the significant matters which
applicant's should address.

The specific evaluation criteria are as follows:

**1. Technical Evaluation:**

# a. Technical Approach 45

# b. Management Plan 20

> c\. Personnel 25
>
> d\. Institutional Capacity 5
>
> e\. Past Performance [5]{.underline}
>
> Total Score 100

**2.** **Cost Evaluation:**

Evaluation points will not be awarded for cost. Cost will primarily be
evaluated for realism, allowability and the applicant's understanding of
the requirements. This will consist of a review of the cost portion of
an application to determine if the overall costs proposed are realistic
for the work to be performed, if the costs reflect understanding of the
requirements, and if the costs are consistent with the technical
proposal. Effective cost saving measures to improve cost efficiency of
the program will also be considered. USAID will also look for an
effective use of resources towards developing local partners'
institutional capacity to promote program sustainability. While cost may
be a determining factor in the final decision of an awardee(s),
especially between closely ranked applicants, the technical merit of
applications is substantially more important under this RFA.

**3. Cost Sharing:**

Although there is no requirement that applicants propose a specific cost
share, USAID policy is that cost sharing is an important element of the
USAID-recipient relationship. USAID encourages applicants to demonstrate
their commitment to program success by addressing the issue of
cost-sharing. The amount of cost sharing, i.e. cash and/or in-kind
contributions, will be evaluated in accordance with 22 CFR 226.23. Cost
share could be part of the best value determination.

**4. Branding and Marking**

In accordance with ADS 303.3.6.3.f and 22 CFR 226.91, the "apparent
successful applicant " must submit a Branding Strategy and a Marking
Plan for evaluation and approval by the Agreement Officer before an
award under this solicitation will be made.

**- END OF SECTION B -**

# SECTION C - PROGRAM DESCRIPTION

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**Actions for CombatingTrafficking-in-Person (ACT) Program**

# 

**I. PURPOSE**

This Program Description describes the USAID/Bangladesh Mission's
Anti-Trafficking-in-Persons (TIP) Program. Through this award,
USAID/Bangladesh seeks to combat human trafficking in Bangladesh through
the prevention of trafficking-in-persons, enhancing the protection of
the victims and improving victim care, and strengthening the Government
of Bangladesh's capacity to prosecute traffickers and trafficking
related crimes to help ensure that the rule of law and human security is
improved.

This TIP project will build upon current efforts in country, including
those sponsored by USAID. The scope of the activity will focus mainly on
vulnerable populations, in particular but not exclusively on victims and
potential victims of trafficking into the sex trade and the prevention
of labor migration abuses and human trafficking related to migrant
labor. A comprehensive approach that includes Prevention, Protection and
Prosecution, the three pillars of TIP activities as defined in the
United States Government's (USG) policies related to combating human
trafficking, will be addressed in this activity.

Within the U.S. Foreign Assistance Framework, this project will support
the Trafficking-in-Persons and Migrant Smuggling Program Element (1.5.3)
of the Transnational Crime Program Area (1.5) under the Peace and
Security Objective.

**II.** **BACKGROUND**

**a. The Challenge**

Trafficking-in-Persons (TIP) is considered one of the worst forms of
human rights abuse and is a significant domestic and transnational crime
in Bangladesh. Human trafficking is directly associated with the
country's challenges of widespread poverty, high unemployment and
underemployment rates, the lack of basic educational levels and
marketable skills, endemic corruption, poor governance and traditional
gender inequities. Bangladesh, as a source and transit country,
continues to face significant human trafficking problems, with most
victims being trafficked abroad for commercial sexual exploitation,
involuntary servitude, debt bondage and other purposes. However, due to
its clandestine nature, precise data on the magnitude of TIP in the
country is difficult to obtain. The USG estimates that some 600,000 to
800,000 people are trafficked annually worldwide. The United Nations
Office on Drugs and Crime (UNODC) states that the annual profit in
trafficking in persons is estimated at about \$8 billion, comparable to
figures for drug trafficking.

Conceptually, human trafficking in Bangladesh has traditionally focused
on the trafficking in women and children. This conceptualization
corresponds with the South Asian Association for Regional Cooperation
(SAARC) anti-trafficking convention and Bangladesh's primary
anti-trafficking legislation. Thus the general focus has been on dealing
with trafficking in women and children primarily trafficked into the sex
trade. Some estimate that between 15,000 to 20,000 young women and girls
are trafficked annually from Bangladesh into sexually exploitative
situations. This sub-sector of human trafficking remains a key concern
to the USG.

However, the prevention of labor related trafficking has become an
integral part of the mandate of the USG's Trafficking Victims Protection
Act (TVPA) 2000, in particular as outlined in the two subsequent
Reauthorization Acts in 2003 and 2005. Each year the State Department is
required to issue a TIP report in which the USG collects information on
actions taken by national governments to prevent trafficking-in-persons.
Since 2004, Bangladesh has made sustained progress in combating human
trafficking as a result of significant joint efforts between the USG and
the Government of Bangladesh (GOB). In 2007, for the second year in a
row, Bangladesh was placed on the State Department's Tier 2 of its
worldwide Trafficking-in-Persons list. Of the three tiers, tier 1 means
the country is fully complying with the TVPA mandate and making
significant efforts to address TIP issue. Tier 2 is meant to identify
countries that are making efforts but still have areas for improvement.
Tier 3 is reserved for countries that are not making efforts to
recognize and combat human trafficking. (See the G-TIP web site for more
information at <http://www.state.gov/g/tip>) Bangladesh's placement on
Tier 2 demonstrates an appreciation of the efforts that the GOB has put
forth so far to address the problem but also recognizes that human
trafficking remains a significant issue for Bangladesh. For example,
unlike the steady progress made in the area of the prevention of sex
trafficking, the GOB has not been able to show similar results in the
prevention of labor related trafficking. The GOB should put forth more
significant efforts to strengthen its oversight authority and to reduce
irregularities in migrant labor recruiting processes and to reduce the
vulnerability and exploitation of migrant laborers' rights.

In Bangladesh, laborers seeking employment overseas are sometimes misled
by the agents of Bangladesh's poorly regulated labor recruitment
industry. These agencies have been known to occasionally use fraudulent
or deceptive offers that result in the migrant laborers finding
themselves in trafficked situations either while in transit or once they
arrive in their host country. Victims of labor trafficking can also be
subject to contract substitution and/or non-performance by the employer
on the original contract. At times, migrant laborers may also encounter
physical violence and other threats that are used to compel them into
involuntary labor. Though some actions have been taken by the GOB to
address the issue of labor migration abuses much can still be done.
Failure to take timely and appropriate actions will pose a serious
threat to human rights of migrant laborers and potentially undermine
Bangladesh's profitable and growing migration work force.

Though recruitment agents in Bangladesh play a vital facilitation role
in providing recruitment services to both migrant laborers and the GOB,
there are accusations of sustained abuses and exploitation of workers
committed by some of these agencies. In recent years, a number of labor
trafficking incidents have occurred in several destination countries as
well as in transit countries causing gross human rights violations of
migrant laborers. For example, thousands of Bangladeshi migrant laborers
were stranded in overseas airports and spent days without food or
accommodation with little or no pay. It is expected that over 500,000
Bangladeshi's will legally migrate during calendar year 2008. In 2007,
over \$6 billion was remitted back to Bangladesh by these workers and
the expectation is that remittances will continue to rise. Given the key
economic importance of migrant labor and remittances to Bangladesh's
economic health it is critical that assistance and support be provided
to this sector to improve migrant labor conditions.

#### b. USAID/Bangladesh Response and Strategy

In response to these human trafficking issues, USAID/Bangladesh in
coordination with the GOB has implemented a number of anti-trafficking
activities in the areas of prevention, prosecution of traffickers and
for the care and rehabilitation of trafficking victims since 2001. In
2005, USAID awarded a grant of \$1,983,140 to the International
Organization for Migration (IOM) to implement a three-year project to
combat trafficking. The project began in September 2005 and will end in
September 2008. IOM has implemented the project in close collaboration
with the Ministry of Home Affairs, other government representatives and
USAID/Bangladesh. The current TIP program includes the following three
principle components:

**Protection** of the victims of trafficking -- Victims are being
provided several support services including safe shelter, food, health
care, psychosocial counseling and legal assistance through NGO shelter
homes. Through this USAID-financed project, victims have also received
training and targeted business set-up support to assist victims in their
reintegration into mainstream society. Shelter homes are providing this
support to victims in collaboration with the government, law enforcement
agencies and other support providers.

**Prosecution** of the traffickers -- Law enforcement agencies including
Officers-in-Charge at the police stations, court inspectors, land port
immigration officers and public prosecutors and lawyers have received
training to enhance the GOB's enforcement capacities and ensure timely
disposal of cases while protecting victims' rights. The training also
aims to develop both formal and informal information and collaboration
mechanisms between law enforcement organizations to be better positioned
to refer and provide care and support to trafficking victims.

**Prevention** of trafficking in persons - USAID/Bangladesh has also
supported the prevention of human trafficking in Bangladesh by raising
the awareness of elected local government representatives, school
teachers, students and their parents, local leaders, including Imams,
community-based organizations, and the general public on the dangers of
trafficking. USAID supported awareness raising activities have aimed at
increasing the knowledge and understanding of the public regarding the
complexity and magnitude of human trafficking, its perils and
consequences. USAID has also carried out mass media campaigns and public
service announcements.

USAID/Bangladesh has also extended its support for the prevention and
protection of human trafficking to vulnerable groups in the cyclone Sidr
affected areas of the country. This Sidr related activity is addressing
the added vulnerability of the cyclone victims to potentially be
trafficked. Four community information centers in four of the most
affected districts are currently working with community leaders to
disseminate anti-trafficking messages through dialogues, dramas and
information campaigns. Local journalists are also receiving training to
investigate and expose trafficking issues.

The USG has worked closely with the GOB to combat human trafficking in
Bangladesh since 2004. The GOB's Ministry of Home Affairs (MoHA) has
begun to institutionalize a comprehensive system for capturing
information regarding TIP around the country. In response to the USG's
request, the MoHA oversees and monitors the GOB's overall progress in
advancing anti-TIP activities. This is managed through an
inter-ministerial committee. In addition, the MoHA coordinates with all
relevant national and international organizations to ensure
collaborative efforts towards fighting this crime. The MoHA also keeps
track of the progress of TIP cases through a central TIP monitoring cell
located in the police headquarters. This monitoring cell receives
reports from TIP committees headed by the Deputy Commissioner of each
district (one committee in each of the 64 districts of the country). The
GOB's Ministry of Expatriate Welfare and Overseas Employment has also
begun to track information on complaints received overseas by
Bangladeshi Labor Attaches from expatriate Bangladeshi workers in an
attempt to begin to compile raw data on the extent of labor trafficking
problems abroad.

**III STRATEGIC EFFECTS FOR USAID/BANGLADESH**

Combating human trafficking directly contributes towards the USG's
transformational diplomacy objectives of promoting human rights and the
rule of law. Sexual exploitation of women and children and the
exploitation of migrant laborers poses a serious threat to the overall
rule of law and human rights situation of the country.

This TIP project will contribute to reducing transnational crime,
benefit victims through legal and support services, and strengthen
Bangladesh's ability to enforce relevant national laws and international
treaties. This project is built on prior USG supported anti-TIP
activities which includes building awareness amongst laborers regarding
their rights and responsibilities as well as improving the oversight of
recruitment and travel agencies and building the capacity of GOB
diplomats to address these situations while serving abroad. Achievements
under this initiative will also help create conditions for improved
national and regional security.

**IV ACTIVITY GUIDELINES AND EXPECTED RESULTS**

The proposed TIP project will address the USG's priority of preventing
sex and labor related human trafficking, protecting the victims of
trafficking and strengthening the capacity of the GOB to enforce TIP
laws and regulations and more effectively prosecute traffickers. These
approaches generally mirror the activities already being carried out
under USAID's on-going programs.

The prime recipient will administer and coordinate the different
activities of this TIP project. In addition, the recipient will develop
a Performance Monitoring Plan (PMP) specifying performance indicators
and targets. The recipient will also develop data collection and
analysis procedures to facilitate reporting on the project. The PMP will
further serve as a management tool to assess and report progress toward
achieving the targets of the Program.

The list of activities summarized below frames this project. The list is
illustrative and the recipient is to propose and discuss innovative but
realistic ideas and activities consistent with the objectives of the
project in their work plan for the review and assessment by
USAID/Bangladesh. The items in the list are not necessarily sequential
as some of the elements may occur simultaneously.

To successfully implement this program, it is important that the
recipient build a strong partnership with the concerned ministries of
the Government of Bangladesh, especially the Ministry of Home Affairs
and the Ministry of Expatriate Welfare and Overseas Employment. As part
of that collaborative relationship, the recipient will be expected to
participate in the government's TIP coordination committee meetings.
This will be carried out in close cooperation and coordination with
USAID/Bangladesh and the US Embassy in Dhaka. Finally, the TIP
activities will at all times promote government ownership of the
programmatic approaches and engagement with all of the relevant TIP
stakeholders and its ultimate objectives.

The activities outlined below provide the general operational parameters
for this project. These should be treated as guideposts and the
recipient is encouraged to suggest other approaches in their work plan.

**Activity 1: Assessment of TIP Activities**

The recipient will conduct a thorough assessment of USAID/Bangladesh's
previous TIP activities. This assessment is critical for the recipient
to develop an implementation plan and monitor progress in achieving
future program objectives. The goal of the assessment is (1) to produce
an accurate and comprehensive appraisal of the status, relevance, and
impact of the Mission's anti-trafficking strategy; (2) to delineate the
achievements of funded activities and identify implementation
challenges; (3) review the work of other donors, the GOB and civil
society and identify potential activity gaps: (4) to assess emerging
impediments to and opportunities for increased effectiveness in
combating TIP; and (5) to make recommendations for readjusting the
program design and implementation plan.

Furthermore, as the issue of labor trafficking takes on greater
importance for both the USG and the GOB, USAID/Bangladesh has deepened
its relationship with the GOB on this topic. To this end, USAID is
commissioning a study to identify areas of malpractice and
irregularities in the migrant worker recruitment processes. This study
is expected to recommend short-term and long-term legal and
administrative reforms related to all migration processes and will
contribute to strengthening governance in Bangladeshi labor migration.
An action plan based on these recommendations will then be developed
with the GOB. The recipient will need to review and integrate the
findings into its program approaches as part of the assessment phase.

The recipient should hire qualified experts and/or consultants and/or
sub-contract out the assessment to a qualified U.S. and/or Bangladeshi
consulting organization(s).The recipient should conduct the assessment
within the first 90 days after the execution of the award. The
assessment findings will be used in adjusting the detailed program
design and the work plan. The first year's work plan will be due to
USAID 30 days after the completion of this assessment which is to say
120 days after the receiving the award.

**Activity 2: Legal Reform & Policy Dialogue**

The recipient will support advocacy efforts to encourage the Government
of Bangladesh to reform existing laws and regulations pertinent to labor
migration and/or human trafficking. Following-up on the recommendations
of the legislative review being conducted under the current USAID
project, the recipient will devise an advocacy strategy and take
immediate action to promote legal reforms. Reforms should aim to
strengthen the government's oversight and capacity to monitor labor
recruitment agencies as well as reduce and prevent malpractices in
recruiting processes. The recipient will also facilitate and coordinate
efforts by any local partners to advocate for legal reform and to
enforce those reforms at the local levels. National policy dialogues
should be carried out that focus on key TIP issues, including legal and
policy reforms.

The Government of Bangladesh is preparing to launch a national action
plan to combat human trafficking. The recipient is expected to work with
the government and other development partners to facilitate and expedite
the implementation of some of the activities outlined in the GOB's
national action plan. The current TIP project implementer reports to a
project implementation committee at the MoHA and an inter-ministerial
committee at Ministry of Expatriate Workers and Overseas Employment. The
recipient should immediately meet with those committees and initiate
consultations upon award of this cooperative agreement.

**Activity 3: Capacity Building of Government Officials including Law
Enforcement Agencies**

The recipient, in collaboration with its local partners, will organize
targeted training for government officials including the Bureau of
Manpower, Education and Training (BMET) and District BMET offices (DEMO)
and officials, foreign service officials, locally elected government
representatives (Union Parishad Chairman and Members), and law
enforcement personnel -- including Officers-in-Charge (OC) at the police
stations and land port immigration posts -- as well as for lawyers,
prosecutors and judges. The recipient should anticipate working through
various types of local organizations to conduct capacity building
trainings. The recipient will work with all 21 DEMO offices around the
country.

The objective of the training is to enhance prosecutorial and
enforcement capacity of the GOB to prosecute traffickers, including
unscrupulous labor agencies. The training will also facilitate the
development of a coordinated and comprehensive referral mechanism for
the protection of victims. The recipient should explore and identify
training sessions on relevant TIP issues for the above-mentioned
stakeholders, as appropriate. The recipient will develop monitoring and
evaluation tools to measure the impact of the training sessions.

The recipient should ensure that necessary planning arrangements and
logistics that may be associated with the training sessions are
adequately prepared, including the development of educational materials
to distribute to the stakeholders. The recipient will ensure that all
materials produced for the training sessions are in both Bangla and
English

The recipient will work in cooperation and collaboration with BMET to
provide livelihood skill trainings and other awareness-raising training
for the prevention of labor migration abuses and reduction of
vulnerability of the migrant laborers. The registered potential migrants
at BMET will be educated about their rights, roles, and responsibility
as migrant laborers. They will also become aware of the legal provisions
and processes of complaint filing to ensure justice and to assist in
prosecuting traffickers.

**Activity 4: Public Awareness Raising**

The recipient and/or any of its local partners will conduct outreach and
public education programs for the prevention of sex and labor related
trafficking. The recipient will design several types of awareness
raising activities appropriate for different community stakeholders.
Community stakeholders should include, but are not limited to, students,
teachers, parents, community/local leaders, community-based
organizations, other local organizations including youth clubs and
associations. The recipient is encouraged to put forth innovative ideas
for involving other community members under this awareness raising
program.

The recipient should carry out a media campaign for the
awareness-raising and prevention of human trafficking by disseminating
anti-trafficking messages through electronic and print media. The
recipient will also develop other Information, Education and
Communication (IEC) materials on anti-trafficking messages. The
recipient is expected to facilitate public-private partnerships to
leverage funds and maximize the impact of the mass media campaign.

The recipient will select sub-partners at the local level as appropriate
and seek CTO concurrence on the selection of any sub-recipients. The
current TIP project is carrying out activities in 18 districts, mostly
in the south and northeastern districts of the country. The recipient
should extend the geographical coverage of this project to the north and
southwestern parts of the country. The prime recipient should work
closely with local partners implementing this activity.

The recipient should also carry out community sensitization program
through drama campaigns, public service announcements (both national and
local), dialogue sessions and other culturally appropriate outreach
approaches. The recipient should coordinate closely with any NGO
partners and with the relevant local government authorities on these
campaigns.

As part of the activities of the media campaign, the recipient should
provide training for print and electronic media to enhance their
capacities to report constructively on trafficking issues. Through this
training the journalists will be able to produce informative reports on
both trafficking issues and success stories on sustainable integration
of victims.

**Activity 5: Victims Care and Support**

The recipient should work closely with the government and any selected
NGO partners to provide support and care to the victims of trafficking.
This support includes but is not limited to safe shelter, food, legal
aid, psychosocial counseling, medical care, livelihood skill training
and business start-up support. Under the current USAID project four
shelter-home service providers are offering services to victims. The
recipient should expand these services by reaching out to other NGOs and
institutions that render services to trafficking victims.

To provide continued support to TIP survivors being supported through
USAID's on-going TIP project, current shelter home providers should be
supported with sub-grants for at least the first year on this project.
After reviewing the results of the assessment outlined in Activity 1 the
recipient may continue to work with current shelter home providers
and/or remove or add shelter home providers as sub-grantees with
concurrence from the CTO and the Agreement Officer. The current shelter
home providers are:

1.  Bangladesh National Women Lawyers' Association (BNWLA, Dhaka)

2.  Dhaka Ahsania Mission, (DAM, Jessore)

3.  Association for Community Development (ACD, Rajshahi)

4.  Thengamara Mohila Shobuj Shangha (TMSS, Bogra)

[]{.mark}

**Approximately \$150,000 should be set aside to cover the costs of
continuing of victim care support to approximately 500 TIP survivors
during the first year of the project.**

In providing assistance to the victims, the recipient is expected to
facilitate public-private partnerships. The recipient should explore
opportunities to leverage funds of the interested private sector
organizations for the protection of trafficking victims. The recipient
will need to establish monitoring mechanisms in consultation with USAID
and submit periodic reports to USAID on any partnerships.

The recipient should plan and submit innovative ideas for appropriate
skill training and business start-up support for victims. Options should
be explored that would integrate the victims into mainstream society by
facilitating their employment in ready-made garment factories and other
workplaces. The recipient should keep in close contact with the Police
managed TIP monitoring cell and the district level GOB sponsored
monitoring cells to keep track of the numbers of rescued victims to
provide them support in collaboration with GOB counterparts. The
recipient should also work with the GOB to assist in developing a
comprehensive referral system for providing support to the victims. The
recipient should also build upon past initiatives to establish minimum
care standards and assist the GOB and other selected partners in
ensuring those standards are maintained in the shelter homes.

The activities above are expected to produce the results listed below.

**ACTIVITY** **EXPECTED RESULTS**

Activity 1 Assessment of TIP activities in-country is carried out and
the project design and work plan will be re-visited and adjusted based
on the findings of the assessment.

Activity 2 Planned advocacy and lobbying meetings are conducted for the
promotion of legal and policy reforms. Discussions are held with
Government to review and update relevant TIP laws and policies.

## 

Activity 3 Government officials including locally elected authorities,
law enforcement agents such as police and immigration officers, lawyers,
judges and Bangladeshi foreign service officers are trained to prevent
trafficking and to protect trafficking victims. The vulnerability of
potential migrant laborers should be reduced through training and
assistance programs, in particular through the BMET and DEMO centers.

Activity 4 Target communities including students, teachers, parents, and
community leaders including religious leaders are educated about the
dangers of trafficking and techniques that traffickers use. Over the
life of the project, media and public awareness events should reach
Bangladeshis of all walks of life with anti-trafficking messages.

Activity 5 Selected trafficking victims will have been provided
meaningful and consistent support services. They will have received
livelihood training and made significant gains towards being integrated
back into society. Basic care standards will be agreed upon with the
Government and NGO providers and measurable steps will be taken to
achieve minimum standards for victim services

The recipient should utilize performance measures that can be used to
capture the overall expected results and that are in line with the
standard indicators utilized in the Foreign Affairs Framework and
reported annually by USAID Missions through the Operational Plan.

**V IMPLEMENTATION FRAMEWORK AND GUIDELINES**

The recipient, in close coordination with USAID/Bangladesh, will
implement the TIP project within the framework described above drawing
on the combined experience of previous and on-going TIP activities in
country. The recipient, where appropriate, will contract or partner with
Bangladeshi implementing partner(s) from the private sector (such as
NGOs, consulting firms, academic/research bodies, etc.) through a
sub-grant and/or subcontract mechanism(s) to handle many of these tasks.
This would allow for the involvement of select key partners focusing on
particular aspects of this initiative and adding to the overall
effectiveness and reach of the program. Although relationships with
local groups are encouraged, the recipient should also carefully
evaluate the number of relationships to ensure quality and depth of
collaboration. Partnerships should be clearly described in the work plan
and sufficient justification provided as to why the suggested partnering
relationship is important to the proposed project approach.

The recipient should explore opportunities for creating synergy with
other USAID activities to achieve greater results. For example, USAID
already has experience providing training for religious and community
leaders on combating human trafficking through its Leaders of Influence
program. Community awareness sessions with school students have also
been carried out under the SUCCEED early childhood education project.
Coordination for the provision of health services to trafficking victims
has also been linked with the Smiling Sun Franchise Program. The
recipient should propose innovative ideas in their work plan which can
create synergies with other USAID activities and/or those of other
donors.

The recipient will recruit the necessary staff to manage and administer
the implementation of project activities, including training, field
operations, preparation and distribution of IEC materials, and the
development of monitoring and evaluation tools. It will be the
recipient's responsibility to communicate effectively with the
participating implementing sub-partners, if any, and define each
partner's responsibilities and deliverables.

The recipient is expected to quickly establish working relationships
with key local partners and GOB counterparts and identify others who may
contribute to project implementation. The prime recipient is expected to
become the main interlocutor with any selected local organizations and
institutions and to support and mentor their work implementing program
activities. The prime recipient will be responsible for the financial
management of the funds, coordination and administration of any partners
participating in the project as well as the organization of all relevant
field operations.

The recipient's responsibilities will include, but not be limited to,
the following:

1.  Provide overall program coordination and financial accountability,
    including financial management, leadership in program design and
    implementation, and administration and logistics;

2.  Ensure quality control and rigorous monitoring and evaluation;

3.  Make adjustments to the project design and develop appropriate
    activities and implement actions related to the individual project
    components, as appropriate;

4.  Establish effective partnerships with the relevant GOB ministries
    and counterparts including but not limited to the Ministry of Home
    Affairs, Ministry of Expatriates' Welfare and Overseas Employment,
    Ministry of Foreign Affairs;

5.  Coordinate with other development initiatives related to
    trafficking; and

6.  Provide timely and accurate reporting on progress in achieving
    program results.

SUBSTANTIAL INVOLVEMENT

USAID/Bangladesh shall be substantially involved in this TIP project in
accordance with ADS 303.5.11. The Office of Assistance and Acquisition
(OAA) in USAID/Bangladesh will designate a Cognizant Technical Officer
(CTO).

The substantial involvement of USAID under this cooperative agreement
will consist of:

a)  Technical concurrence on the selection of any sub-award recipients.
    (Note technical concurrence does not constitute the Agreement
    Officer's approval of sub-awards)

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a)  Approval of the organization's proposed key personnel.

b)  Approval of the Recipient's implementation plan and any necessary
    modifications.

c)  Approval of the Recipient's monitoring and evaluation plans.

d)  Approval of annual work plans.

The CTO or their designee will be responsible for Mission program
oversight, monitoring and reporting including site visits and technical
and programmatic liaison with the recipient. Substantial
USAID/Bangladesh involvement will also occur in the approval of key
expatriate staff and any participating partners as well as in the
identification of beneficiary groups. Finally, there will also be
substantial USAID participation when policy dialogue and other matters
of mutual interest arise with the Government of Bangladesh, and/or, as
appropriate, with other donors.

**VI. MONITORING, EVALUATION AND REPORTING**

#### 

The recipient will develop indicators and evaluation systems to provide
continuous assessment of progress toward targets and benchmarks. The
recipient should review and include standard indicators utilized in the
Foreign Affairs Framework as appropriate.

USAID/Bangladesh's oversight of program progress and of the financial
management aspects of the award will occur through review of different
documents prepared by the recipient (i.e. work plans, semi-annual
reports and annual assessments, correspondence, site visits, and other
appropriate means). A final report with lessons learned, best practices,
prospects for replication, etc. will be produced and delivered to
USAID/Bangladesh no later than 60 days after completion of project
activities.

**A. Monitoring and Reporting**

## 

The recipient will submit four annual work plans one for each year of
project implementation. Semi-annual performance reports on an
October-March and April-September schedule are required as well as
quarterly financial reports. The first annual work plan is due within
120 days of the signing of the agreement. This corresponds to 30 days
after completing the TIP assessment. The first work plan's approval by
USAID/Bangladesh will serve as a reference point for subsequent work
plans. Additionally a final report will be due no later than 60 days
after project closure.

**The Monitoring and Evaluation Plan** is to include, at a minimum:

-   A plan/schedule for measuring results

-   A discussion of the approach proposed to conduct annual performance
    assessments

-   An outline the means of communicating findings and data among
    partners and to stakeholders including USAID

-   Quantify the Level of effort involved in M&E management

**Annual Work Plans** shall include, at a minimum:

-   Anticipated staffing of key positions

-   Schedule of activities, including performance milestones

-   Activity and events schedule

**Semi-annual Performance Reports** shall include, at a minimum:

-   Updated data on progress towards results

#### Status of activities

-   A comparison of actual accomplishments with the goals and objectives
    established for the period

-   Points of interaction and synergy with other USAID/Bangladesh
    activities

-   Deviations from the work plan and explanations

-   Challenges that have arisen and plans for addressing those issues

-   A description of the different topics covered in trainings

-   Any modifications in activities and approaches to capitalize on most
    promising and effective programmatic developments.

**Final Report** will address such aspects of the program as:

-   Use of best practices in stakeholder training and in providing
    support to the victims

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-   Effectiveness of different activity tools and methods

-   Adoption of change and innovation in project sponsored training
    and/or other sensitization sessions

-   Proposed next steps

-   Issues that the program faced

-   Success stories

**Financial reports** shall include:

-   All reports required as described in 22 CFR 226.52

Within 60 days of completion of the Agreement, the recipient shall
submit a final report, and within 90 days of completion a final
financial report. The recipient should also compile electronically all
products produced under this agreement on CDs or other relevant media as
a historical record of the initiative. The recipient should create or
post a website that will serve as an interactive dialogue as well as a
source of information on this initiative.

**B. External Evaluations**

USAID may decide to conduct external evaluations to assess and
substantiate performance, targets, and overall achievement of the TIP
objective.

[]{.mark}

**VII. ESTIMATED FUNDING LEVEL AND EMPHASIS**

It is estimated that the total level of funding for this program will be
up to approximately \$3.5 million. The table below is an example of the
desired emphasis for each program component.

[]{.mark}

Assessment of Mission's TIP program 5%

Legal Reform & Policy Dialogue 10%

Capacity Building of the GOB 30%

Public Awareness 20%

Victim Support and Care 30%

[Monitoring and evaluation 5%]{.underline}

**100%**

**- END OF SECTION C -**

**SECTION D -- CERTIFICATIONS & ASSURANCES**

## 

## PART I - CERTIFICATIONS 

**1. 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.

**Signed:**
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
**Date:**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**(Name in block letters and title)**

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

Certification

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.

Signed: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Typed Name and Title) Date

(Name of Organization)

# 

##   {#section-7 .unnumbered}

## PARTII- ASSURANCES:

## 

## Please sign SF 424B entitled Assurances -Non-Construction Programs. This form can be downloaded from the following URL:

## 

> <http://www.grants.gov/agencies/aapproved_standard_forms.jsp#1>

Actions for Combating Trafficking-in-Person (ACT) Program

## SECTION E -- STANDARD PROVISIONS

I. All applicable standard provisions shall be incorporated into the
resultant award. The standard provisions for U.S., Non-US
Nongovernmental and Public International Organizations may be accessed
at the following location:

1.  Standard Provisions for U.S. Nongovernmental recipients can be
    accessed through following URL:

> <http://www.usaid.gov/policy/ads/300/303maa.pdf>

2.  Standard Provisions for Non-U.S., Nongovernmental recipients can be
    accessed through the following URL:

> <http://www.usaid.gov/policy/ads/300/303mab.pdf>

3.  Standard Provisions for PIO recipients can be accessed through the
    following URL:

> <http://www.usaid.gov/policy/ads/300/308mab.pdf>

II\. The following Standard Provisions which are indicated below in full
text should be specially noted by the prospective applicants.

**1. implementation of E.O. 13224 - Executive Order on Terrorist
Financing:**

The 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.

**2. ORGANIZATIONS ELIGIBLE FOR ASSISTANCE:**

**ORGANIZATIONS ELIGIBLE FOR ASSISTANCE (JULY 2004)**

The U.S. Government is opposed to prostitution and related activities,
which are inherently harmful and dehumanizing, and contribute to the
phenomenon of trafficking in persons. None of the funds made available
under this agreement may be used to promote, support or advocate the
legalization or practice of prostitution. Nothing in the preceding
sentence shall be construed to preclude assistance designed to
ameliorate the suffering of, or health risks to, victims while they are
being trafficked or after they are out of the situation that resulted
from such victims being trafficked. Foreign organizations, whether prime
or subrecipients, that receive U.S. Government funds to fight
trafficking in persons cannot promote, support or advocate the
legalization or practice of prostitution when they are engaged in
overseas activities. The preceding sentence shall not apply to
organizations that provide services to individuals solely after they are
no longer engaged in activities that resulted from such victims being
trafficked.

**3. Anti-Trafficking Activities \-- Limitation on the Use of Funds;
Restriction on Organizations Promoting, Supporting or Advocating
Prostitution:**

I. Prohibition on Use of Funds Standard Provision -- Applicable to
Awards Targeting Victims of Severe Forms of Trafficking

**"PROHIBITION ON THE USE OF FEDERAL FUNDS TO PROMOTE, SUPPORT, OR
ADVOCATE THE LEGALIZATION OR PRACTICE OF PROSTITUTION -- AWARDS
TARGETING VICTIMS OF SEVERE FORMS OF TRAFFICKING (TIP ASSISTANCE,
NON-GOVERNMENTAL ORGANIZATIONS) (MAY 2007)**

\(a\) The U.S. Government is opposed to prostitution and related
activities, which are inherently harmful and dehumanizing, and
contribute to the phenomenon of trafficking in persons. No funds made
available herein may be used to promote, support or advocate the
legalization or practice of prostitution. Nothing in the immediately
preceding sentence shall be construed to preclude assistance designed to
combat trafficking in persons, including programs for prevention,
protection of victims, and prosecution of traffickers, by ameliorating
the suffering of, or health risks to, victims while they are being
trafficked or after they are out of the situation that resulted from
such victims being trafficked.

\(b\) The recipient shall insert this provision in all sub-agreements
under this award.

\(c\) The following definitions apply for purposes of this provision:

["To support the legalization or the practice of
prostitution"]{.underline} means knowingly providing financial support,
including the transfer of funds, services, or goods, to any individual
or organization that engages in the practice of prostitution, or that
supports the legalization of prostitution. However, providing financial
support, including the transfer of funds, services, or goods, to victims
of sex trafficking, where the purpose of such support is to bring to an
end to the situation that resulted from such victims being trafficked,
does not constitute support for the legalization or practice of
prostitution. Providing ameliorative assistance to victims of sex
trafficking does not constitute such support. The restriction on the use
of funds does not preclude the use of anti-trafficking funds for
assistance designed to promote the purposes of the TVPA, as amended, by
(1) ameliorating the suffering of victims while they are being
trafficked or after they are out of the situation that resulted from
such victims being trafficked; and, (2) ameliorating the health risks to
victims while they are being trafficked or after they are out of the
situation that resulted from such victims being trafficked. Describing
to victims assistance that would be available, if the victims were out
of the situation that resulted from their being trafficked, does not
itself constitute support. A recipient shall not be deemed to have
knowingly provided such support if that recipient did not know, and by
the exercise of reasonable diligence would not have known, that the
support was being used for or would be used for such purposes.

["To promote or to advocate the legalization or the practice of
prostitution"]{.underline} means using financial, personnel, in-kind, or
other resources to further the legalization or the practice of
prostitution, including, but not limited to, engaging in lobbying
activities or advocacy campaigns.

\(d\) This subsection (d) only applies to either prime awardees or
subawardees receiving U.S. Government funds to carry out programs that
target victims of severe forms of trafficking, which means sex
trafficking in which a commercial sex act is induced by force, fraud, or
coercion, or in which the person induced to perform such act has not
attained 18 years of age:

By accepting this award, recipient hereby states that it does not
promote, support, or advocate the legalization or practice of
prostitution and will not promote, support, or advocate the legalization
or the practice of prostitution during the term of this award.

The recipient shall insert this provision in all sub-agreements under
any award resulting from the Request for Application or Annual Program
Statement for this award."

\(e\) Subsections (a) through (d) are terms and conditions that are a
prerequisite to the receipt of the United States government funds
obligated herein. Any breach of these conditions shall be grounds for
unilateral termination for cause by the U.S. Agency for International
Development of this award and recovery of appropriated funds, as
appropriate. A willful breach of these conditions may be grounds for
suspension or debarment, in accordance with 22 C.F.R. 145.13, of the
recipient organization from receiving U.S. government funds in the
future.

\(f\) The terms of 22 CFR 226.53, "Retention and access requirements for
records," shall apply to this award, and the phrase "other records
pertinent to an award" (22 CFR 226.53(b)) includes press and public
relations material, Internet content and other broadly disseminated
documents (such as training manuals, curricula, and other educational
matter) relevant to the conditions set forth in Subsections (a) through
(d).

**II. Prohibition on Use of Funds Standard Provision -- Applicable to
Awards for**

**Services to Victims No Longer Subject to Trafficking**

"PROHIBITION ON THE USE OF FEDERAL FUNDS TO PROMOTE, SUPPORT, OR
ADVOCATE THE LEGALIZATION OR PRACTICE OF PROSTITUTION -- SERVICES TO
VICTIMS NO LONGER SUBJECT TO TRAFFICKING (TIP ASSISTANCE,
NON-GOVERNMENTAL ORGANIZATIONS) (MAY 2007)

\(a\) The U.S. Government is opposed to prostitution and related
activities, which are inherently harmful and dehumanizing, and
contribute to the phenomenon of trafficking in persons. No funds made
available herein may be used to promote, support or advocate the
legalization or practice of prostitution. Nothing in the immediately
preceding sentence shall be construed to preclude assistance designed to
combat trafficking in persons, including programs for prevention,
protection of victims, and prosecution of traffickers, by ameliorating
the suffering of, or health risks to, victims while they are being
trafficked or after they are out of the situation that resulted from
such victims being trafficked.

\(b\) The recipient shall insert this provision in all sub-agreements
under this award.

\(c\) The following definitions apply for purposes of this provision:

["To support the legalization or the practice of
prostitution"]{.underline} means knowingly providing financial support,
including the transfer of funds, services, or goods, to any individual
or organization that engages in the practice of prostitution, or that
supports the legalization of prostitution. However, providing financial
support, including the transfer of funds, services, or goods, to victims
of sex trafficking, where the purpose of such support is to bring an end
to the situation that resulted from such victims being trafficked, does
not constitute support for the legalization or practice of prostitution.
Providing ameliorative assistance to victims of sex trafficking does not
constitute such support. The restriction on the use of funds does not
preclude the use of anti-trafficking funds for assistance designed to
promote the purposes of the TVPA, as amended, by (1) ameliorating the
suffering of victims while they are being trafficked or after they are
out of the situation that resulted from such victims being trafficked;
and, (2) ameliorating the health risks to victims while they are being
trafficked or after they are out of the situation that resulted from
such victims being trafficked. Describing to victims assistance that
would be available, if the victims were out of the situation that
resulted from their being trafficked, does not itself constitute
support. A recipient shall not be deemed to have knowingly provided such
support if that recipient did not know, and by the exercise of
reasonable diligence would not have known, that the support was being
used for or would be used for such purposes.

["To promote or to advocate the legalization or the practice of
prostitution"]{.underline} means using financial, personnel, in-kind, or
other resources to further the legalization or the practice of
prostitution, including, but not limited to, engaging in lobbying
activities or advocacy campaigns.

\(d\) This subsection (d) only applies to awardees that provide services
solely to individuals who are no longer engaged in the activities
resulting from their previous trafficked condition:

By accepting this award, the recipient states that during the term of
the grant it will provide services to trafficked individuals only after
they are no longer engaged in activities that resulted from such victims
being trafficked, which means engaging in commercial sex acts induced by
force, fraud, or coercion, or any such act in which the person induced
to perform such act has not attained 18 years of age."

\(e\) Subsections (a) through (d) are terms and conditions that are a
prerequisite to the receipt of the United States government funds
obligated herein. Any breach of these conditions shall be grounds for
unilateral termination for cause by the U.S. Agency for International
Development of this award and recovery of appropriated funds, as
appropriate. A willful breach of these conditions may be grounds for
suspension or debarment, in accordance with 22 C.F.R. 145.13, of the
recipient organization from receiving U.S. government funds in the
future.

\(f\) The terms of 22 CFR 226.53, "Retention and access requirements for
records," shall apply to this award, and the phrase "other records
pertinent to an award" (22 CFR 226.53(b)) includes press and public
relations material, Internet content and other broadly disseminated
documents (such as training manuals, curricula, and other educational
matter) relevant to the conditions set forth in Subsections (a) through
(d).

**III. Prohibition on Use of Funds Standard Provision -- Applicable to
Awards**

**Targeting Victims of Severe Forms of Trafficking**

"PROHIBITION ON THE USE OF FEDERAL FUNDS TO PROMOTE, SUPPORT, OR
ADVOCATE THE LEGALIZATION OR PRACTICE OF PROSTITUTION -- AWARDS
TARGETING VICTIMS OF SEVERE FORMS OF TRAFFICKING (TIP ASSISTANCE, PUBLIC
INTERNATIONAL ORGANIZATIONS) (MAY 2007)

\(a\) The U.S. Government is opposed to prostitution and related
activities, which are inherently harmful and dehumanizing, and
contribute to the phenomenon of trafficking in persons. No funds made
available herein may be used to promote, support or advocate the
legalization or practice of prostitution. Nothing in the immediately
preceding sentence shall be construed to preclude assistance designed to
combat trafficking in persons, including programs for prevention,
protection of victims, and prosecution of traffickers, by ameliorating
the suffering of, or health risks to, victims while they are being
trafficked or after they are out of the situation that resulted from
such victims being trafficked.

\(b\) The recipient shall insert this provision in all sub-agreements
under this award.

\(c\) The following definitions apply for purposes of this provision:

["To support the legalization or the practice of
prostitution"]{.underline} means knowingly providing financial support,
including the transfer of funds, services, or goods, to any individual
or organization that engages in the practice of prostitution, or that
supports the legalization of prostitution. However, providing financial
support, including the transfer of funds, services, or goods, to victims
of sex trafficking, where the purpose of such support is to bring to an
end to the situation that resulted from such victims being trafficked,
does not constitute support for the legalization or practice of
prostitution. Providing ameliorative assistance to victims of sex
trafficking does not constitute such support. The restriction on the use
of funds does not preclude the use of anti-trafficking funds for
assistance designed to promote the purposes of the TVPA, as amended, by
(1) ameliorating the suffering of victims while they are being
trafficked or after they are out of the situation that resulted from
such victims being trafficked; and, (2) ameliorating the health risks to
victims while they are being trafficked or after they are out of the
situation that resulted from such victims being trafficked. Describing
to victims assistance that would be available, if the victims were out
of the situation that resulted from their being trafficked, does not
itself constitute support. A recipient shall not be deemed to have
knowingly provided such support if that recipient did not know, and by
the exercise of reasonable diligence would not have known, that the
support was being used for or would be used for such purposes.

["To promote or to advocate the legalization or the practice of
prostitution"]{.underline} means using financial, personnel, in-kind, or
other resources to further the legalization or the practice of
prostitution, including, but not limited to, engaging in lobbying
activities or advocacy campaigns.

\(d\) This subsection (d) only applies to either prime awardees or
subawardees receiving U.S. Government funds to carry out programs that
target victims of severe forms of trafficking, which means sex
trafficking in which a commercial sex act is induced by force, fraud, or
coercion, or in which the person induced to perform such act has not
attained 18 years of age:

By accepting this award, recipient hereby states that it does not
promote, support, or advocate the legalization or practice of
prostitution and will not promote, support, or advocate the legalization
or the practice of prostitution during the term of this award.

The recipient shall insert this provision in all sub-agreements under
any award resulting from the Request for Application or Annual Program
Statement for this award.

\(e\) Subsections (a) through (d) are terms and conditions that are a
prerequisite to the receipt of the United States government funds
obligated herein. Any breach of these conditions shall be grounds for
unilateral termination for cause by the U.S. Agency for International
Development of this award and recovery of appropriated funds, as
appropriate.

**IV. Prohibition on Use of Funds Standard Provision -- Applicable to
Awards for**

**Services to Victims No Longer Subject to Trafficking**

"PROHIBITION ON THE USE OF FEDERAL FUNDS TO PROMOTE, SUPPORT, OR
ADVOCATE THE LEGALIZATION OR PRACTICE OF PROSTITUTION -- SERVICES TO
VICTIMS NO LONGER SUBJECT TO TRAFFICKING (TIP ASSISTANCE, PUBLIC
INTERNATIONAL ORGANIZATIONS) (MAY 2007)

\(a\) The U.S. Government is opposed to prostitution and related
activities, which are inherently harmful and dehumanizing, and
contribute to the phenomenon of trafficking in persons. No funds made
available herein may be used to promote, support or advocate the
legalization or practice of prostitution. Nothing in the immediately
preceding sentence shall be construed to preclude assistance designed to
combat trafficking in persons, including programs for prevention,
protection of victims, and prosecution of traffickers, by ameliorating
the suffering of, or health risks to, victims while they are being
trafficked or after they are out of the situation that resulted from
such victims being trafficked.

\(b\) The recipient shall insert this provision in all sub-agreements
under this award.

\(c\) The following definitions apply for purposes of this provision:

["To support the legalization or the practice of
prostitution"]{.underline} means knowingly providing financial support,
including the transfer of funds, services, or goods, to any individual
or organization that engages in the practice of prostitution, or that
supports the legalization of prostitution. However, providing financial
support, including the transfer of funds, services, or goods, to victims
of sex trafficking, where the purpose of such support is to bring to an
end to the situation that resulted from such victims being trafficked,
does not constitute support for the legalization or practice of
prostitution. Providing ameliorative assistance to victims of sex
trafficking does not constitute such support. The restriction on the use
of funds does not preclude the use of anti-trafficking funds for
assistance designed to promote the purposes of the TVPA, as amended, by
(1) ameliorating the suffering of victims while they are being
trafficked or after they are out of the situation that resulted from
such victims being trafficked; and, (2) ameliorating the health risks to
victims while they are being trafficked or after they are out of the
situation that resulted from such victims being trafficked. Describing
to victims assistance that would be available, if the victims were out
of the situation that resulted from their being trafficked, does not
itself constitute support. A recipient shall not be deemed to have
knowingly provided such support if that recipient did not know, and by
the exercise of reasonable diligence would not have known, that the
support was being used for or would be used for such purposes.

["To promote or to advocate the legalization or the practice of
prostitution"]{.underline} means using financial, personnel, in-kind, or
other resources to further the legalization or the practice of
prostitution, including, but not limited to, engaging in lobbying
activities or advocacy campaigns.

\(d\) This subsection (d) only applies to awardees that provide services
solely to individuals who are no longer engaged in the activities
resulting from their previous trafficked condition:

By accepting this award, the recipient states that during the term of
the grant it will provide services solely to trafficked individuals only
after they are no longer engaged in activities that resulted from such
victims being trafficked, which means engaging in commercial sex acts
induced by force, fraud, or coercion, or any such act in which the
person induced to perform such act has not attained 18 years of age.

\(e\) Subsections (a) through (d) are terms and conditions that are a
prerequisite to the receipt of the United States government funds
obligated herein. Any breach of these conditions shall be grounds for
unilateral termination for cause by the U.S. Agency for International
Development of this award and recovery of appropriated funds, as
appropriate.

**4. SUPPORTING USAID'S DISABILITY POLICY IN CONTRACTS, GRANTS AND
COOPERATIVE AGREEMENTS:**

**USAID Disability Policy - Assistance (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
> nondiscrimination 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 within the scope of the program objectives, the
> recipient should demonstrate a comprehensive and consistent approach
> for including men, women and children with disabilities.

**5. APPLICABILITY OF 22 CFR PART 226 (MAY 2005)**

> \(a\) All provisions of 22 CFR 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 subrecipients 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
    Non-governmental Grantees." Recipients are required to ensure
    compliance with sub-recipient monitoring procedures in accordance
    with OMB Circular A-133.

##### 

##### 6. MARKING UNDER ASSISTANCE INSTRUMENTS:

**I. 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 the ministry 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 from technical experts while performing the evaluation.

**II. 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 USAIDfunded 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). 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 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.

**III. MARKING UNDER USAID-FUNDED ASSISTANCE INSTRUMENTS (December
2005)**

**(a) Definitions**

> ***Commodities*** mean any material, article, supply, goods or
> equipment, excluding recipient offices, vehicles, and non-deliverable
> items for recipient's internal use, in administration of the USAID
> funded grant, cooperative agreement, or other agreement or
> sub-agreement.
>
> ***Principal Officer*** means the most senior officer in a USAID
> Operating Unit in the field, e.g., USAID Mission Director or USAID
> Representative. For global programs managed from Washington but
> executed across many countries, such as disaster relief and assistance
> to internally displaced persons, humanitarian emergencies or immediate
> post conflict and political crisis response, the Cognizant Principal
> Officer may be an Office Director, for example, the Directors of
> USAID/W/Office of Foreign Disaster Assistance and Office of Transition
> Initiatives. For non-presence countries, the Cognizant Principal
> Officer is the Senior USAID officer in a regional USAID Operating Unit
> responsible for the non-presence country, or in the absence of such a
> responsible operating unit, the Principal U.S Diplomatic Officer in
> the non-presence country exercising delegated authority from USAID.
>
> ***Programs*** mean an organized set of activities and allocation of
> resources directed toward a common purpose, objective, or goal
> undertaken or proposed by an organization to carry out the
> responsibilities assigned to it.
>
> ***Projects*** include all the marginal costs of inputs (including the
> proposed investment) technically required to produce a discrete
> marketable output or a desired result (for example, services from a
> fully functional water/sewage treatment facility).
>
> ***Public communications*** are documents and messages intended for
> distribution to audiences external to the recipient's organization.
> They include, but are not limited to, correspondence, publications,
> studies, reports, audio visual productions, and other informational
> products; applications, forms, press and promotional materials used in
> connection with USAID funded programs, projects or activities,
> including signage and plaques; Web sites/Internet activities; and
> events such as training courses, conferences, seminars, press
> conferences and so forth.
>
> ***Sub-recipient*** means any person or government (including
> cooperating country government) department, agency, establishment, or
> for profit or nonprofit organization that receives a USAID sub-award,
> as defined in 22 C.F.R. 226.2.
>
> ***Technical Assistance*** means the provision of funds, goods,
> services, or other foreign assistance, such as loan guarantees or food
> for work, to developing countries and other USAID recipients, and
> through such recipients to sub-recipients, in direct support of a
> development objective -- as opposed to the internal management of the
> foreign assistance program.
>
> ***USAID Identity (Identity)*** means the official marking for the
> United States Agency for International Development (USAID), comprised
> of the USAID logo or seal and new brandmark, with the tagline that
> clearly communicates that our assistance is "from the American
> people." The USAID Identity is available on the USAID website at
> www.usaid.gov/branding and USAID provides it without royalty, license,
> or other fee to recipients of USAID-funded grants, or cooperative
> agreements, or other assistance awards.

**(b) Marking of Program Deliverables**

> \(1\) All recipients must mark appropriately all overseas programs,
> projects, activities, public communications, and commodities partially
> or fully funded by a USAID grant or cooperative agreement or other
> assistance award or sub-award with the USAID Identity, of a size and
> prominence equivalent to or greater than the recipient's, other
> donor's, or any other third party's identity or logo.
>
> \(2\) The Recipient will mark all program, project, or activity sites
> funded by USAID, including visible infrastructure projects (for
> example, roads, bridges, buildings) or other programs, projects, or
> activities that are physical in nature (for example, agriculture,
> forestry, water management) with the USAID Identity. The Recipient
> should erect temporary signs or plaques early in the construction or
> implementation phase. When construction or implementation is complete,
> the Recipient must install a permanent, durable sign, plaque or other
> marking.
>
> \(3\) The Recipient will mark 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 with
> the USAID Identity.
>
> \(4\) The Recipient will appropriately mark events financed by USAID,
> such as training courses, conferences, seminars, exhibitions, fairs,
> workshops, press conferences and other public activities, with the
> USAID Identity. Unless directly prohibited and as appropriate to the
> surroundings, recipients should display additional materials, such as
> signs and banners, with the USAID Identity. In circumstances in which
> the USAID Identity cannot be displayed visually, the recipient is
> encouraged otherwise to acknowledge USAID and the American people's
> support.
>
> \(5\) The Recipient will mark 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 with the USAID Identity.
>
> \(6\) The Agreement Officer may require the USAID Identity to be
> larger and more prominent if it is the majority donor, or to require
> that a cooperating country government's identity be larger and more
> prominent if circumstances warrant, and as appropriate depending on
> the audience, program goals, and materials produced.
>
> \(7\) The Agreement Officer may require marking with the USAID
> Identity in the event that the recipient does not choose to mark with
> its own identity or logo.
>
> \(8\) The Agreement Officer may require a pre-production review of
> USAID-funded public communications and program materials for
> compliance with the approved Marking Plan.
>
> \(9\) Sub-recipients. To ensure that the marking requirements "flow
> down\'\' to sub-recipients of sub-awards, recipients of USAID funded
> grants and cooperative agreements or other assistance awards will
> include the USAID-approved marking provision in any USAID funded
> sub-award, as follows: *"As a condition of receipt of this sub-award,
> marking with the USAID Identity of a size and prominence equivalent to
> or greater than the recipient's, sub-recipient's, other donor's or
> third party's is required. In the event the recipient chooses not to
> require marking with its own identity or logo by the sub-recipient,
> USAID may, at its discretion, require marking by the sub-recipient
> with the USAID Identity."*
>
> \(10\) Any 'public communications', as defined in 22 C.F.R. 226.2,
> funded by USAID, in which the content has not been approved by USAID,
> must contain the following disclaimer: *"This
> study/report/audio/visual/other information/media product (specify) is
> made possible by the generous support of the American people through
> the United States Agency for International Development (USAID). The
> contents are the responsibility of \[insert recipient name\] and do
> not necessarily reflect the views of USAID or the United States
> Government."*
>
> \(11\) The recipient will provide the Cognizant Technical Officer
> (CTO) or other USAID personnel designated in the grant or cooperative
> agreement with two copies of all program and communications materials
> produced under the award. In addition, the recipient will submit one
> electronic or one hard copy of all final documents to USAID's
> Development Experience Clearinghouse.

**(c) Implementation of marking requirements.**

> \(1\) When the grant or cooperative agreement contains an approved
> Marking Plan, the recipient will implement the requirements of this
> provision following the approved Marking Plan.
>
> \(2\) When the grant or cooperative agreement does not contain an
> approved Marking Plan, the recipient will propose and submit a plan
> for implementing the requirements of this provision within **60 days**
> after the effective date of this provision. The plan will include:
>
> \(i\) A description of the program deliverables specified in paragraph
> (b) of this provision that the recipient will produce as a part of the
> grant or cooperative agreement and which will visibly bear the USAID
> Identity.
>
> \(ii\) the type of marking and what materials the applicant uses to
> mark the program deliverables with the USAID Identity,
>
> \(iii\) when in the performance period the applicant will mark the
> program deliverables, and where the applicant will place the marking,
>
> \(3\) The recipient may request program deliverables not be marked
> with the USAID Identity by identifying the program deliverables and
> providing a rationale for not marking these program deliverables.
> Program deliverables may be exempted from USAID marking requirements
> when:
>
> \(i\) USAID marking requirements 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;
>
> \(ii\) USAID marking requirements would diminish the credibility of
> audits, reports, analyses, studies, or policy recommendations whose
> data or findings must be seen as independent;
>
> \(iii\) USAID marking requirements 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;
>
> \(iv\) USAID marking requirements would impair the functionality of an
> item;
>
> \(v\) USAID marking requirements would incur substantial costs or be
> impractical;
>
> \(vi\) USAID marking requirements would offend local cultural or
> social norms, or be considered inappropriate;
>
> \(vii\) USAID marking requirements would conflict with international
> law.
>
> \(4\) The proposed plan for implementing the requirements of this
> provision, including any proposed exemptions, will be negotiated
> within the time specified by the Agreement Officer after receipt of
> the proposed plan. Failure to negotiate an approved plan with the time
> specified by the Agreement Officer may be considered as noncompliance
> with the requirements is provision.

**(d) Waivers.**

> \(1\) The recipient may request a waiver of the Marking Plan or of the
> marking requirements of this provision, in whole or in part, for each
> program, project, activity, public communication or commodity, or, in
> exceptional circumstances, for a region or country, when USAID
> required marking would pose compelling political, safety, or security
> concerns, or when marking would have an adverse impact in the
> cooperating country. The recipient will submit the request through the
> Cognizant Technical Officer. The Principal Officer is responsible for
> approvals or disapprovals of waiver requests.
>
> \(2\) The request will describe the compelling political, safety,
> security concerns, or adverse impact that require a waiver, detail the
> circumstances and rationale for the waiver, detail the specific
> requirements to be waived, the specific portion of the Marking Plan to
> be waived, or specific marking to be waived, and include a description
> of how program materials will be marked (if at all) if the USAID
> Identity is removed. The request should also provide a rationale for
> any use of recipient's own identity/logo or that of a third party on
> materials that will be subject to the waiver.
>
> \(3\) Approved waivers are not limited in duration but are subject to
> Principal Officer review at any time, due to changed circumstances.
>
> \(4\) Approved waivers "flow down" to recipients of sub-awards unless
> specified otherwise. The waiver may also include the removal of USAID
> markings already affixed, if circumstances warrant.
>
> \(5\) Determinations regarding waiver requests are subject to appeal
> to the Principal Officer's Cognizant Assistant Administrator. The
> recipient may appeal by submitting a written request to reconsider the
> Principal Officer's waiver determination to the Cognizant Assistant
> Administrator.

**(e) Non-retroactivity.**

The requirements of this provision do apply to any materials, events, or
commodities produced prior to January 2, 2006. The requirements of this
provision do not apply to program, project, or activity sites funded by
USAID, including visible infrastructure projects (For example, roads,
bridges, buildings) or other programs, projects, or activities that are
physical in nature (for example, agriculture, forestry, water
management) where the construction and implementation of these are
complete prior to January 2, 2006 and the period of the grant does not
extend past January 2, 2006.

## SECTION F -- ANNEXES

The following reports can be accessed at
<http://www.usaid.gov/bd/proposals.html>

These reports may be used as references in connection with the
preparation of the technical application:

1.  Final Report on Human Rights and Trafficking in Persons
    (USAID-financed BHRAP Project)

2.  Final Report of South Asia Regional Initiative for Equity Support
    (USAID-financed Regional Anti-trafficking Project)  

3.  State Department's Annual TIP Report 2008

4.  Final Report (1) of the Counter Trafficking Interventions Project
    (On-going USAID-financed project)

5.  Final Report (2) of the Counter Trafficking Interventions Project
    (On-going USAID-financed Project) 

6.  Government of Bangladesh (GOB) TIP Report