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Issuance Date: July 23, 2008

Closing Date: September 18, 2008

Closing Time: 12:00 p.m., Haiti local time

To all Applicants:

Reference: *Integrated HIV/AIDS Community Care Program.*

Subject: Request for Applications (RFA) Number 521-08-0006

The United States Agency for International Development (USAID) is
seeking an application from your organization for a Cooperative
Agreement for funding a program for 6 years in Haiti. The authority for
the RFA is found in the Foreign Assistance Act of 1961, as amended.

The Recipient will be responsible for ensuring achievement set forth in
the Program Description.

Please let us have your application which will set forth in detail the
conceptual approach, methodology and techniques for the accomplishment
of the stated objectives in the Program Description. To this end, it
must include the general strategy and specific approach to implement the
program, including a schedule of achievement indicators on a timeline
that covers a six (6) year program period. Please refer to Section A,
Instructions to the Applicant, for detailed information regarding the
content of your Application.

Subject to the availability of funds, USAID intends to provide up to
\$125 million in total USAID funding to be allocated over the
approximately six- (6) year period.

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

1\. Section A: Instructions to the Applicant;

2\. Section B: Selection Criteria

3\. Section C: Program Description:

4\. Section D Representations/Certifications Required for Cooperative
Agreement to a U.S. NGO

5\. Section E Award Format

Attachment 1: AAPD 05-11 Marking under Assistance Instruments

Attachment 2: Application for Federal Assistance (SF 424)

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\".

Your application should be received via e-mail attachment
(<oaahaiti@usaid.gov>) by the closing date and time indicated at the top
of this RFA Cover Letter. The subject line of the email should read RFA
521-08-0006. A hard copy of your application and five copies should be
postmarked by the RFA closing date and submitted to the place designated
as follows:

(By courier service)

Office of Acquisition and Assistance

USAID/Haïti

AMERICAIN EMBASSY

BOULEVARD 15 OCTOBRE

TABARRE 41

TABARRE , Haití

Applicants are requested to submit technical and cost portions of their
applications in clearly marked separate document folders. Award(s) will
be made to the responsible applicant(s) whose application(s) offers the
greatest value.

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 your Application. Your
Application is submitted at your own risk. Should circumstances prevent
award of a cooperative agreement, all preparation and submission costs
are at the applicant\'s expense.

Any questions concerning this RFA should be submitted in writing to
Linda McElroy or Stéphane C.Bright, via e-mail at <oaahaiti@usaid.gov>
(include RFA #). You should retain for your records one copy of all
enclosures which accompany your application.

> Sincerely,
>
> Linda McElroy
>
> Agreement Officer

Enclosures: a/s

# SECTION A -- INSTRUCTIONS TO APPLICANT

**GRANT APPLICATION FORMAT AND SUBMISSION GUIDELINES**

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

Applications shall be submitted electronically and in hard copy.
Electronic copies shall be attached to an e-mail sent to the electronic
address indicated in the Cover Letter of this RFA and hard copies shall
be sent to the office address indicated in the Cover Letter of this RFA.
Applications shall be submitted in two separate parts: (a) technical and
(b) cost or business application. Hard copies of both the technical and
cost portions of applications shall be submitted in an original and five
copes. All submissions shall indicate the time specified for receipt,
the RFA number, and the name and address of the applicant.

The applications should be prepared according to the structural format
set forth below. Applications must be submitted no later than the date
and time indicated in the Cover Letter of this RFA, to the location
indicated on the Cover Letter accompanying this RFA.

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

**PREPARATION OF TECHNICAL APPLICATION**

The technical application will be the most important item of
consideration in determining the successful application(s) and issuing
award(s). The technical application shall be specific, complete, and
presented in a concise manner. The application should demonstrate the
applicant\'s capabilities and expertise with respect to achieving the
goals of this program. The application should take into account the
Technical Evaluation Criteria. It is recommended that the applicant
conduct an in-depth review of all information contained in this RFA
prior to preparing an application. The application will be evaluated on
the basis of its comprehensiveness, creativity, and cost-effectiveness.

Technical applications must include:

1\. Program Management Approach

The application must include a clear and concise description of the
overall objective, anticipated measurable results to be achieved and how
the proposed program will achieve these results, as well as the proposed
management and programmatic approach. The applicant is encouraged to
propose innovative implementation designs to reach the desired results,
in keeping with existing U.S. Government (USG) strategic approaches and
programmatic guidance, and an aggressive but realistic schedule of
performance milestones as steps towards reaching those results. The
applicant may include as an attachment a detailed implementation plan
with proposed inputs and activities and associated time lines for the
life of the program in addition to the required first year work plan.
The applicant may consider ensuring that the program approach answers
the following specific questions:

-   What is the overall strategic vision for the entire program and the
    proposed outcome and/or impact level results to be achieved at the
    end of the program?

-   How is the program integrated with the USG Title II food assistance
    program?

-   How is the program integrated with USG HIV/AIDS programs
    administered by the Centers for Disease Control (CDC) and other USG
    agencies in Haiti?

-   How will the program achieve maximum integration of HIV/AIDS
    activities with maternal and child health, family planning and
    tuberculosis interventions?

-   Who are the other organizations (organizations under other USG
    programs, other donor or private sector partners) that the proposed
    program will coordinate with and how will coordination occur?

-   How will the program be coordinated within and help support the
    Government of Haiti's health sector decentralization efforts through
    their Departmental Strategy?

-   If applicable, how will matching funds and/or program-funded income
    from the Recipient and/or NGO sub-recipients be used?

-   What is the approach for building capacity of those sub-recipients
    that may need additional technical assistance to programmatically
    and/or administratively manage and implement community- and/or
    clinic-based programs?

-   What are the geographic intervention areas and the rationale for
    selecting them?

-   What are the specific HIV, tuberculosis, maternal and child health
    and family planning activities proposed for implementation that will
    achieve the vision and results?

2\. Administrative Management Approach

Guidance from the Office of the Global AIDS Coordinator (OGAC), the US
Government entity that oversees the implementation of the President's
Emergency Plan for AIDS Reduction (PEPFAR), stipulates that no one
recipient can receive more than 8% of a country's annual HIV/AIDS
budget, unless that recipient is the host government, is primarily
procuring and distributing ARVs and other essential HIV/AIDS
commodities, is operating under a contract, or has a grant or
cooperative agreement to be a "grants management partner to identify and
mentor sub-recipients" under an "umbrella award." In the case of such
umbrella awards, no more than 25% of the HIV/AIDS funds received by the
management partner can be used for administration of the grants program
and technical assistance to be considered eligible for the waiver of the
8% limit. For fiscal year (FY) 2008, 8% of the PEPFAR budget for Haiti
was approximately \$7,600,000. Based on planning figures and subject to
final U.S. Congression approval, 8% of the FY 2009 PEPFAR budget for
Haiti will be approximately \$7,400,000. While HIV/AIDS budget amounts
for fiscal years 2010 through 2013 are unkown, guidance from OGAC
indicates that the levels will be similar to FY 2009 levels. Applicants
are responsible for proposing an administrative management approach that
takes into account this guidance from OGAC for the HIV/AIDS funded
portion of the proposed program.

The application must include a detailed description of the management
approach for implementing the proposed program, which includes
specifying the composition and organizational structure of the entire
implementation team (including home office support); describing each
team member\'s role, with a more detailed description of proposed key
personnel (description, proposed person and a summary of their
technical, programmatic and administrative management expertise).
Applicants should describe the rationale for selecting the initial list
of proposed partner organization and/or sub-recipients and the method
for identifying new sub-recipients during the life of the program. The
applicant may consider ensuring that the administrative management
approach answers the following specific questions:

-   What is the management approach for strategically selecting partner
    and/or sub-recipient NGOs and coordinating their activities to avoid
    duplication of effort and maximize results?

-   What is the management approach for ensuring partner organization
    and/or sub-recipient responsibility?

-   How will the proposed partner organizations and/or sub-recipients
    have a management "voice" in the overall strategic management and
    coordination of NGO activities?

-   What is the management approach for administration of sub-recipient
    agreements to ensure a time efficient sub-awarding process with
    minimal burden to the NGO sub-recipients?

-   What is the management approach for financial administration to
    ensure timely funds flow to the sub-recipients and financial
    controls and accountability?

-   What is the organizational structure of the management approach?

-   What are the positions and who are proposed to fill those positions
    on the management team for the program?

-   How does the management approach minimize administrative costs of
    the program and maximize the level of funding going to support
    actual program delivery via the sub-recipients?

-   What is the time frame for start up and how quickly can
    administrative mechanisms be put in place to start funding NGO
    activities at the community level?

-   What is the strategy for development, review and approval of
    sub-recipient work plans and budgets?

-   What is the approach, design and methodology for impact assessment?

-   What is the plan for having sub-recipients document and monitor
    their performance?

-   What is the plan and strategy for collecting data to measure
    achievement of results and impact?

-   What is the plan for implementation of data collection, analyses,
    and reporting, including timeliness?

-   What is the proposed plan for reporting programmatic progress and
    administrative and financial updates to USAID, such as the
    submission of progress reports, annual reports, financial reports,
    accruals, etc., or the proposed timing of regular meetings to
    verbally discuss progress and address issues?

3\. Monitoring, Evaluation and Reporting Approach

The application must include as an attachment a draft monitoring and
evaluation (M&E) plan. At a minimum, the M&E plan should include the
relevant indicators to measure performance annually and at the end of
the program, baselines (or estimated baselines) for each indicator,
annual and end of program targets for each indicator, a narrative
describing in detail a) the entire data collection process (including
plans for conducting data quality assessments, timing of data
collection, method of data collection, data storage, data reporting,
etc), b) proposed plans for periodic evaluations during the agreement
period (such as additional baseline studies, management assessments,
mid-term evaluations, final evaluations, and/or "one time" studies to
fill in information gaps) and c) strategy and procedures to ensure that
periodic reporting to USAID is timely, accurate and efficient.
Indicators relevant to this RFA have been identified and included below
in the results section. Additional indicators and targets proposed to be
used to monitor progress should also be included, such as program
management indicators or cross cutting indicators related to
community-based activities. As applicable, indicators should be
disaggregated by gender, age cohorts, and geographical location (i.e.
Haiti Departments), and if applicable, by sub-recipient.

4\. Organizational Capability

The applicant must offer evidence of ability to efficiently manage and
administer the proposed program. Applicants must offer evidence of their
technical, programmatic and administrative resources and expertise in
administration of an NGO grants program, in addressing problems and
issues related to community-based integrated programming in the health
sector, particularly related to care and support for individuals living
with HIV/AIDS and their affected families. This includes evidence of a
successful record of implementing similar programs; organizational
strengths as represented by breadth and depth of prior experiences
managing large-scale integrated community-based umbrella NGO health
programs, with a strong emphasis on HIV and AIDS (i.e. technical and
programmatic coordination, procurement and grants administration;
financial administration), and monitoring and evaluation expertise.

**TECHNICAL APPLICATION FORMAT**

The technical application shall be concise, no more than 30 pages -
excluding the cover page and required attachments - and give a clear and
measurable description of what the applicant organization proposes to
achieve as well as where, why, and how.

The technical application shall follow the following format:

I.  Cover Page

II. Executive Summary (up to 3 pages)

III. Program Approach (up to 12 pages)

> A. Overall program vision, objective and expected results
>
> B. Geographic intervention zones and coordnation with other USG
> programs
>
> C. Narrative describing briefly the proposed activities in:
>
> \- HIV and AIDS
>
> \- Tuberculosis
>
> \- Maternal and Child Health
>
> \- Family Planning
>
> \- Other proposed community-based activities or cross-cutting
> activities

IV\. Management Approach (up to 12 pages)

> A. Management Approach
>
> \- Program management strategy
>
> \- Administrative management approach
>
> \- Monitoring and evaluation management approach
>
> B. Management team and key personnel
>
> C. Proposed partner organizations and/or sub-recipients

V. Organizational capability (up to 3 pages)

A. Brief description of organizational history/expertise

B. Relevant experience in Haiti

C. Relevant experience with proposed approaches

Required Technical Application Attachments:

Attachment A -- Draft Year 1 Work Plan

Attachment B -- Geographic Intervention Areas

Attachment C -- Organizational Chart, Position Descriptions for Key
Positions, C.V.s for Proposed Key Personnel

Attachment D -- Draft Monitoring and Evaluation Plan

##  PREPARATION OF COST APPLICATION 

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. Applicants are
encouraged to be as concise as possible, but still provide the
following:

A. A copy of the program description that was detailed in the
applicant's program description, on a CD using Word Format .

B. A budget with an accompanying budget narrative which provides in
detail the total costs for implementation of the program your
organization is proposing. The budget must be submitted using Standard
Form 424 and 424A which is included as Attachment 2 to this RFA and can
also be downloaded from the USAID web site,
<http://www.usaid.gov/procurement_bus_opp/procurement/forms/sf424/>. The
budget shall include:

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

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

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

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

C. A current Negotiated Indirect Cost Rate Agreement;

D. Required certifications and representations (as attached):

E. Cost share - Applicant to propose.

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

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

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

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

G. Any additional evidence of responsibility deemed necessary for the
Grant Officer to make a determination of responsibility. The information
submitted should substantiate that the Applicant:

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

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

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

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

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

H. 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.

## ADDITIONAL INSTRUCTIONS TO THE APPLICANT

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

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

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

K. 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.

L. Submission of Applications:

1\. Applications and modifications thereof shall be submitted
electronically as attachments to an e-mail sent to the electronic
address specified in the Cover Letter of this RFA as well as in sealed
envelopes or packages (1) addressed to the office specified in the Cover
Letter of this RFA, and (2) showing the time specified for receipt, the
RFA number, and the name and address of the applicant.

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

M. Preparation of Applications:

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

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

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

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

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

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

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

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

O. Grant Award:

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

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

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

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

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

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

**PRE-AWARD APPROVAL OF THE BRANDING STRATEGY AND MARKING PLAN**

**I. Pre-award Review and Approval of the Branding Strategy:** 22 C.F.R.
226.91(f) requires that, after the evaluation of the applications, the
USAID Agreement Officer will request the Apparently Successful Applicant
to submit a Branding Strategy that describes how the program, project,
or activity is named and positioned; how it is promoted and communicated
to beneficiaries and cooperating country citizens; and identifies all
donors and explains how they will be acknowledged. USAID will not
competitively evaluate the proposed Branding Strategy. The Agreement
Officer will review the proposed Branding Strategy for adequacy to
ensure that it:

-   contains the required information on naming and positioning the
    USAID-funded program, project, or activity,

-   promotes and communicates to cooperating country beneficiaries and
    citizens that the USAID-funded program, project, or activity is
    "from the American People",

-   is consistent with the stated objectives of the award; the
    Apparently Successful Applicant's cost data submissions; the
    Apparently Successful Applicant's project, activity, or program
    performance plan; and the regulatory requirements set out in 22
    C.F.R. 226.91.

During the review of the Apparently Successful Applicant(s)'s Branding
Strategy, the Agreement Officer will coordinate as necessary with the
Activity Manager, the Technical Evaluation Panel and the communications
specialist. Following completion of the review, the Agreement Officer
will negotiate any required changes to the Branding Strategy with the
Apparently Successful Applicant(s), approve the Branding Strategy, and
include the Branding Strategy as part of the assistance award.

When requesting a Branding Strategy, the Agreement Officer will
establish a reasonable time frame for submittal, review, and
negotiation. If the Apparently Successful Applicant(s) fail(s) to submit
or negotiate an acceptable Branding Strategy within the time specified
by the Agreement Officer, that/those Applicant(s) become(s) ineligible
for award.

**II. Pre-award Review and Approval of the Marking Plan:** 22 C.F.R.
226.91(f) also requires that, after evaluation of the applications, the
USAID Agreement Officer will request the Apparently Successful
Applicant(s) to submit a Marking Plan that will detail the public
communications, commodities, and program materials intended to visibly
bear the USAID Identity. USAID must not evaluate the Marking Plan
competitively. The Agreement Officer will review the proposed Marking
Plan for adequacy, coordinating *as necessary* with the Activity
Manager, Technical Evaluation Panel and the communications specialist.
Following completion of the review, the Agreement Office will negotiate
any required changes to the Marking Plan with the Apparently Successful
Applicant, approve the Marking Plan, and include the Marking Plan as
part of the assistance award. The Agreement Officer will ensure that any
estimated costs associated with branding and marking are included in the
Total Estimated Amount of the grant or cooperative agreement or other
assistance award.

When requesting a Marking Plan, the Agreement Officer will establish a
reasonable time frame for submittal, review, and negotiation. If the
Apparently Successful Applicant(s) fail(s) to submit or negotiate an
acceptable Marking Plan within the time specified by the Agreement
Officer, that/those Applicant(s) become(s) ineligible for award.

The Marking Plan may include requests for approval of a Presumptive
Exception or Exceptions identified at 22 C.F.R. 226 (h). Presumptive
Exceptions exempt a general marking requirement for a *particular*
USAID-funded public communication, commodity, or program material or
other deliverable, or a *category* of USAID-funded public
communications, commodities, and program materials, or other
deliverables that would otherwise be required to visibly bear the USAID
Identity.

The Agreement Officer will negotiate and accept or reject the Apparently
Successful Applicant(s)'s request for a Presumptive Exception as part of
the overall negotiation of the Marking Plan and include any Presumptive
Exceptions granted in the final negotiated Marking Plan. A list of the
Presumptive Exceptions is found in the Provision "Marking Plan --
Assistance," contained in the enclosed sample award format.

During the review and approval of Presumptive Exceptions, the Agreement
Officer should coordinate and consult with the Activity Manager,
communication specialist, and other personnel as needed (including, if
necessary, the Principal Officer). The Agreement Officer may request
advice and recommendations from these personnel if necessary.

The Agreement Officer's approval of the marking plan will include a list
of the approved Presumptive Exceptions and the public communications,
commodities, and program materials, or other deliverables exempted.

# SECTION B - SELECTION CRITERIA

The criteria presented below have been tailored to the requirements of
this particular RFA. Applicants should note that these criteria serve
to: (a) identify the significant matters which applicants should address
in their applications and (b) set the standard against which all
applications will be evaluated.

The technical applications will be evaluated in accordance with the
Technical Evaluation Criteria set forth below. Thereafter, the cost
application of the apparently successful applicant(s) will be analyzed
for realism, reasonableness, allowability, and allocability of proposed
costs.

Negotiations will be conducted with the Apparently Successful
Applicant(s). Award(s) will be made to the responsible applicant(s)
whose application(s) offers the greatest value, cost and other factors
considered.

The technical applications will be screened by a technical review panel
at USAID/Haiti. Following the review of the applications, a letter will
be sent to all applicants detailing the outcome of the review. USAID
reserves the right to determine the final funding level of the resultant
award(s).

The criteria set forth below will be used by the technical review panel
to evaluate applications submitted in response to this RFA. The three
main selection criteria below are listed in relative order of importance
with the maximum number of points to be assigned to each in the
selection process. The sub-criteria listed under each main criterion are
of equal importance under that criterion and will be assigned equal
weight under that criterion in the selection process. The Instructions
to the Applicant (SECTION A) provide a detailed list of questions which
serve as notification of USAID expectations in terms of application
content. Applicants are encouraged to propose performance outputs and
results beyond those indicated if they are appropriate measures of the
implementation approach proposed.

Technical Evaluation Criteria are as follows:

I. Management approach (45 points)

A. Management approach

> \- Program management strategy
>
> \- Administrative management strategy and structure
>
> \- Monitoring, evaluation and reporting management strategy and draft
> monitoring and evaluation plan
>
> \- Draft first year work plan
>
> B. Management team and key personnel
>
> II\. Technical approach (35 points)
>
> A. Overall program vision, objective and expected results
>
> B. Geographic intervention areas and complentarity with other USG
> funded programs
>
> C. Specific program objectives and activities to achieve the expected
> results in:
>
> \- HIV/AIDS
>
> \- Tuberculosis
>
> \- Maternal and child health
>
> \- Family planning
>
> \- Other proposed community-based activities or cross-cutting
> activities
>
> D. Proposed partner organizations and/or sub-recipients

III\. Organizational capability (20 points)

> A. Organizational history and expertise
>
> B. Relevant experience in Haiti
>
> C. Relevant experience with proposed approaches

**SECTION C -** **PROGRAM DESCRIPTION**

**C.1. BACKGROUND**

**A. Problem Statement**

Haiti occupies one third of the Hispaniola Island it shares with the
Dominican Republic. The population density is 300 inhabitants per square
kilometer. In certain areas of Port-au-Prince this density reaches
2,500. Haiti's GNP per capita in 2003 was \$332, down from \$632 in
1980, a decline of 90% over 23 years, whereas the GNP per capita for the
Latin America and Caribbean (LAC) region for 2005 was \$3,580.
Two-thirds of Haiti's population lives in abject poverty. Life
expectancy at birth is 50.0 years, compared to 70.5 years for the LAC
region, and the infant mortality rate is 57 per 1,000 (31.2 per 1,000
for the LAC region). Fifty percent of the population is below 24 years
of age, and over 50% of them have never attended or did not complete
primary school. UNESCO 2005 data indicate that only 66.2 % of youth 15
to 24 years of age are literate, compared to 95.5% for the LAC region.

Nearly 40% of Haitians have no access to basic primary health care.
Haiti's health indicators reveal that the country's health system is
weak. Haiti has the highest under-five mortality in the Western
Hemisphere with approximately 12.5% of children dying before reaching
the age of 5 years, followed by Bolivia with 9.0%. Haiti has the highest
maternal mortality rate in the region at approximately 630 deaths/
100,000 live births---close to the maternal mortality rates in some
regions of Africa. Close to 200,000 people are HIV positive, with
approximately 3,000 dying annually. While the recent 2005 Demographic
Health Survey (DHS 2005) suggests that trends in mortality and morbidity
are going down, they are still worrisome.

The dismal state of key health indicators is a result of lack of access
to quality health care services and to potable water and chronic food
insecurity. Access to quality health care across the country is
challenged due to poor health infrastructure and disruption of services
(notably within the capital of Port-au-Prince, which has struggled with
insecurity and violence in several neighborhoods over the last several
years). Insecurity and violence have also contributed to a deterioration
of services: lack of equipment, inadequately trained staff, and poor
management of health facilities, especially by the public sector.
Although there is engagement of communities and civil society, notably
NGO support, to participate in addressing health issues, both the supply
and demand sides of health services need to be strengthened in both the
public and non-public health care delivery sectors.

The NGO sector has been the stable provider of social services both in
urban and rural settings, despite the cycles of civil and political
unrest in Haiti. Several international PVOs and local Haitian NGOs are
present in Haiti and have a breadth of experience in delivering clinic
and community-based social sector and support services. While the
Government of Haiti is building its own capacity to strategically lead
and manage on a national scale the delivery of health care services, the
NGO sector remains a strong partner to the Government of Haiti and
provides a solid foundation for the entire social sector.

The objective of the "*Integrated HIV/AIDS CommunityCare Program*",
through this award, is to strengthen, expand and coordinate NGO
community-based HIVAIDS services, integrating child health, reproductive
health (maternal, family planning), tuberculosis detection and
treatment, and other social sector assistance, where applicable, to
improve the quality of livelihoods of vulnerable Haitian families.

**B. Government of Haiti and Other Donor Programs**

[Government of Haiti]{.underline}

The Government of Haiti aims to strengthen governance and health service
delivery capacity in order to respond to the needs of its citizens. In
November 2005, the MSPP published its "*Plan Stratégique National pour
la Reform du Secteur de la Santé",* which lay out the Ministry's new
approach toward integration of health services and its strategy to
deliver a basic minimum package of health services closer to the people.
The Prime Minister further outlined major government priorities in a
speech before the Haitian Parliament in June 2006. As a major long-term
goal, he emphasized the modernization of the State and the deployment of
State functions to all regions of Haiti, i.e. deconcentration and
decentralization of State functions and services. Between June 2006 and
September 2007, a process was completed to have each Department develop
a department-level health plan with a budget. These Department Health
Plans were integrated into one national costed health plan for Haiti,
which was officially approved by the Government of Haiti. Since October
2007, each Department has been empowered to implement and manage their
respective health plans, while the central level focuses on
strengthening its executive function oversight of each of the
Departments. To support the Government of Haiti's efforts to
decentralize health care services and governance, department-level donor
coordination meetings have been initiated.

[Other Donor Programs]{.underline}

The United States is the single largest donor in the health sector with
Canada, the Global Fund for HIV/AIDS, Tuberculosis and Malaria, and the
Inter-American Development Bank (IDB) making substantial investments in
Haiti's health sector. The Global Fund is the second largest HIV/AIDS
donor (\$20 million per year) and a major donor in Haiti for
tuberculosis and malaria, providing about \$6 million dollars for each
annually. The current Global Fund HIV/AIDS grants will continue through
2014; the tuberculosis and malaria grants will continue through 2011.
Canada and Brazil provide significant resources to the MSPP for
immunization. Canada recently launched a five-year \$100 million program
in four departments which supports public sector services, university
training in public health, and pilot projects in commune-level service
delivery with a specific focus on maternal care within hospital
settings.  The IDB funds a four-year \$38 million health project with
the Government of Haiti which will end in 2008 to work at the commune
level to construct, renovate and equip commune level health care
facilities and train clinic staff.   The WHO/PAHO, UNFPA, UNICEF, French
Cooperation, and the EU are providing technical assistance and
commodities in selected departments and equipment support to the public
sector.

**C. USAID/Haiti's Health Strategy**

The U.S. Government (USG) focuses its foreign assistance on five
priority objectives to meet the goal of "Helping to build and sustain
democratic, well-governed states that will respond to the needs of their
people and conduct themselves responsibly in the international system".
Refer to http://www.state.gov/f for extensive information and details on
the new Foreign Assistance Framework, objectives, program elements and
sub-elements.

-   *Peace and Security*: recognizing these as platforms for further
    political, economic and social progress;

-   *Governing Justly and Democratically*: recognizing that effective,
    accountable, democratic governance is a vital foundation for
    sustainable progress;

-   *Investing in People*: recognizing that human capacity must be
    strengthened in order to promote and sustain success;

-   *Economic Growth*: recognizing that economic progress and poverty
    reduction are critical underpinnings of sustainable development; and

-   *Humanitarian Assistance*: recognizing the United States' commitment
    to alleviate human suffering and respond to destabilizing
    humanitarian disasters.

The USAID country strategy for Haiti builds on over 40 years of USG
humanitarian relief, health, economic growth, and democracy development
experience. The strategy focuses development assistance through the
analytic lens of these five objectives described above within the U.S.
Government defined country category of "Rebuilding Countries" (i.e.
states in or emerging from and rebuilding after internal or external
conflict). The USAID country strategy has three types of geographic
targeted areas: 1) conflict-vulnerable areas ( *Petit Goave,
Port-au-Prince, St. Marc, Gonaives, Cap Haitian and Les Cayes)*,
especially the cities and rural sending areas and the hotspots they
surround; 2) targeted watersheds (*Limbe, Montrouis)*, where
interventions will stabilize environmental conditions, mitigate the
impact of natural disasters, and create assets and employment; and 3)
other locations that are self-targeting by activity (e.g., regional and
district courts, departmental health offices, mango processing centers)
or provide particular opportunities for impact, such as food insecure
and vulnerable populations and families living with HIV/AIDS.

This RFA focuses on implementing U.S. Government development assistance
primarily but not exclusively, when applicable, under Objective 3
*Investing in People,* 3.1 Health Program Area, specifically on these
five program elements:

-   Program element 3.1.1: HIV/AIDS

-   Program element 3.1.2: Tuberculosis

-   Program element 3.1.6: Maternal and Child Health

-   Program element 3.1.7 : Family Planning

-   Program element 3.1.8: Water and Sanitation

The overall aim of USG development assistance within these program
elements is to reduce the transmission and mitigate the impact of
HIV/AIDS, increase the detection and treatment of tuberculosis, increase
the use of basic reproductive and child health services, increase access
to potable water, and to overall improve livelihoods at the community
and household level. Annually, the U.S. Government provides
approximately US\$120 million to Haiti to support the achievement of
results under the Investing in People Objective, of which approximately
US\$100 million is for HIV/AIDS, \$9 million for maternal and child
health, \$9 million for family planning, and \$1 million for
tuberculosis. USAID is currently developing a new multi-year water and
sanitation program that will be approximately \$8 million over three
years.

Haiti is a U.S. Government focus country for HIV/AIDS under the U.S.
Presidential HIV/AIDS Initiative, commonly referred to as PEPFAR. The
Centers for Disease Control and Prevention (CDC) and USAID are the two
primary U.S. Government agencies responsible for implementing HIV/AIDS
development assistance in Haiti, through a comprehensive program
covering HIV prevention, care and support for those infected and
affected by the disease and antiretroviral (ARV) treatment for eligible
patients. The HIV/AIDS activities and implementing partners are further
described in detail below.

USAID manages all of the maternal and child health, family planning,
tuberculosis and water and sanitation development assistance to Haiti. A
majority of this funding is programmed into one integrated health
services program called Sante et Developpement pour la Stabilite en
Haiti -- SDSH Pwoje Djanm. Management Sciences for Health (MSH) is the
primary implementing partner responsible for achieving results through
this bilateral health program. SDSH Pwoje Djanm has three main focuses
-- (1) deliver a basic package of health care services to approximately
50% of the population in Haiti through 80 NGO clinics and 72 public
sector clinics; (2) provide support to the Government of Haiti to
increase their capacity to carry out the executive function of
management of a national health care system as well as reform and
strengthen three health management systems - financial management,
information management, and health commodities management and logistics;
and (3) mobilize private sector partners for the health sector in Haiti.

While other donors are providing major inputs to the national health
system, little investment is being made to ensure adequate drug and
consumable supplies.  USAID is the major supplier of contraceptives and
supports the logistics and distribution of these contraceptives to USAID
target areas. UNFPA also provides commodities, which includes condoms
and other contraceptives; UNICEF provides vaccines for maternal and
child immunization. In addition, the U.S. Government, through USAID,
purchases HIV/AIDS commodities which include anti-retroviral drugs, HIV
rapid tests and other diagnostic reagents, laboratory supplies and drugs
for opportunistic infections and provides technical assistance to
strengthen commodities logistics and distribution for these HIV
commodities in each of the 10 Departments. HIV/AIDS commodities are also
supplied by the Global Fund for AIDS, Tuberculosis and Malaria.

The following are specific U.S. Government-supported programs with which
applicants should strongly consider close coordination, integration
and/or inclusion of activities within the overall proposed technical
approach.

[HIV/AIDS]{.underline}

Haiti has one of the oldest HIV epidemics in the western hemisphere.
Although the prevalence rate has decreased over the past 10 years, it is
still a generalized epidemic with a national HIV prevalence rate of over
2% and approximately 3,000 deaths from the disease annually. The U.S.
Government HIV/AIDS program covers AIDS prevention, care and treatment
implemented through the Ministry of Health's healthcare system and
through approximately 45 international and local NGO partners. Medical
prevention is addressed through the MOH and Haitian Red Cross blood
safety program and through a safe injection program at major public
hospitals. HIV prevention activities are carried out through
information, education and communication programs, encouraging behavior
change and addressing AIDS-related stigma and discrimination. A
significant portion of the US Government support is used for HIV
detection (counseling and testing), providing health care and
anti-retroviral treatment for HIV positive individuals and preventing
the transmission of the virus from HIV positive mothers to their infants
(PMTCT.) Support to hospitals, clinics and health centers that provide
these services includes renovation, equipment, drugs and laboratory
supplies, provider training and supervision and mentoring of clinicians
to ensure they are providing quality of care. Care for persons infected
and affected by HIV and AIDS is also channeled through community
programs where support is provided to orphans and vulnerable children
(OVC) and people living with HIV/AIDS (PLWHA) and their families in a
family-centered approach. The community--based interventions also help
to ensure that PLWHA adhere to their health care and treatment programs
as well as create demand for HIV testing and PMTCT services.

The USG PEPFAR program supports clinical services through eight
implementing partners, each with its own network of HIV/AIDS service
delivery sites:

-   the Government of Haiti's Ministry of Health, funded through CDC

-   GHESKIO, funded through CDC

-   Partners in Health (PIH), funded through CDC

-   MSH, funded through USAID (SDSH Pwoje Djanm briefly described
    above),

-   The AIDS Relief Consortium, funded through the USG's Human Resources
    and Services Administrtion (HRSA)

-   FOSREF, funded through CDC

-   POZ, funded through CDC and

-   Family Health International, funded through CDC.

The last three of these partners provide only HIV counseling and testing
and health care for PLWHA that does not involve ARV therapy. (See the
list of individual sites included as a document in the list of
additional background documents for Applicants in preparation for
applications, Section C.3. ADDITIONAL BACKGROUND INFORMATION).

To ensure that all PLWHA enrolled in clinical services also have support
and care at the home and community level and that all OVC have adequate
support, PEPFAR funds are currently channeled through five NGO partners,
each responsible for OVC and PLWHA care at the community and family
level as well as overall coordination of USG support in community care
in one or more regional departments. These include:

-   CRS/Haiti, funded through USAID, for the Grand'Anse, South, Nippes,
    Artibonite and Northwest Departments

-   Family Health International, funded through CDC, for the Southeast
    and North departments

-   Partners in Health, funded through CDC, for the Central Department

-   Plan International, funded through USAID, for the Northeast
    Department

-   World Concern, funded through USAID, for the West Department

It is expected that continuity of services provided by the three USAID
partners, CRS, Plan International and World Concern, will be ensured by
the program(s) proposed in response to this RFA. Additionally, the
program(s) proposed in response to this RFA will ensure the continuity
of HIV/AIDS community care services currently provided by FOSREF and
Maison Arc-en-Ciel in Cite Soleil.

The current USAID-funded agreements, with their end dates are:

-   Plan International agreement ends September 30, 2009

-   World Concern agreement ends September 30, 2009.

-   CRS agreement ends in January 31 2009.

-   World Vision agreement ends December 31, 2008.

-   FOSREF-Cite Soleil agreement ends September 30, 2009.

-   Arc-en-Ciel Cite agreement ends September 30, 2009.

In addition to ensuring the continuity of the services provided by the
above USAID-funded NGOs, opportunities exist to expand HIV/AIDS support
and care to larger numbers of PLWHA and OVC in collaboration with the
Title II food assistance activities (see brief description below) and
other NGOs that provide assistance to PLWHA and OVC in geographical
areas not already covered by USAID-funded projects.

[Tuberculosis]{.underline}

Haiti has the highest TB incidence rate in the Latin America and
Caribbean (LAC) Region with an estimated incidence of 306 cases per
100,000 population (2004). There is still a considerable way to go to
achieve the national and global targets of 70% case detection and 85%
treatment success. Only 55% of the country is covered by the Directly
Observed Therapy-short course (DOTS). There is a 40% co-infection rate
for HIV and TB and the lack of integrated detection and treatment
programs hinders care and treatment. The National Tuberculosis Program
has a Global Fund grant. There are three primary NGOs -- ICC, CARE and
CDS - that implement several elements of the Global Fund TB program in
Haiti. USAID's main health bilateral program, SDSH Pwoje Djanm, within
the clinics it supports targets TB assistance to further expand case
detection and treatment referral in support of the National Tuberculosis
Program objectives. Several opportunities exist to expand USG results in
TB through those Title II food assistance activities (see brief
description below) implemented by partners that may already be doing TB
activities or by further expanding successful community- and/or
clinic-based TB services of existing NGOs in Haiti, such as
International Child Care, Centre de Developpement et Sante (CDS), CARE,
GHESKIO and Partners in Health.

[Maternal and Child Health]{.underline}

Although the infant and child mortality rate has decreased slightly,
most of the full range of indicators underlying the rate have either
stagnated or worsened over the last five years. Breastfeeding has fallen
to unacceptably low levels. Immunizations range from 10% to 40%
nationwide. The incidence of diarrhea and acute respiratory infections
(ARI) have held steady, but rates of treatment of ARI have been nearly
halved. Malnutrition among children and pregnant women remain high. Over
75% of women are delivering at home unassisted by a trained health care
provider. The USAID health bilateral program, SDSH Pwoje Djanm, is
focusing USAID maternal and child health assistance on increasing the
use of basic health services within SDSH Pwoje Djanm's target
population, specifically prenatal and post-partum care, assisted
deliveries, treatment of diarrheal disease and acute respiratory
infections in children, nutrition counseling and education (including
breastfeeding) and vitamin A supplementation. This U.S. maternal and
child health development assistance will continue through SDSH Pwoje
Djanm until the end of the agreement in August 2010. Several
opportunities exist to expand USG results in maternal and child health
through Title II food assistance activities (see brief description
below) or by further expanding successful community- and clinic-based
services of existing NGOs in Haiti, such as the Haiti Health Foundation,
Centre de Developpement et Sante, Medishare and CityMed.

[Family Planning]{.underline}

The 2005 DHS concluded that the fertility rate (the average number of
children per woman of reproductive age) fell from 4.7 children per woman
in 2000 to an average of 4 children per women. The rapidly dropping
rates of fertility do not correspond with the stagnant levels of
contraceptive use. The contraceptive prevalence rate (the numbers of
women of reproductive age using contraception) increased only slightly
from 22% in 2000 to 24.8% in 2006--- and remains one of the lowest rates
in the Western Hemisphere. The USAID health bilateral program, SDSH
Pwoje Djanm, is focusing USAID family planning assistance on increasing
the use of voluntary modern contraception by men and women living within
Pwoje Djanm's target areas. USAID also provides family planning
commodities to all US Government supported sites that are delivering
family planning services and who are incompliance with the U.S.
Government Tiahrt regulations. This U.S. Government family planning
development assistance will continue through SDSH Pwoje Djanm until the
end of the agreement in August 2010. Several opportunities exist to
expand USG results in family planning through those Title II food
assistance activities (see brief description below) that include family
planning or by further expanding successful community- and clinic-based
services of existing NGOs in Haiti, such as the Foundation for
Reproductive and Family Health (FOSREF), Profamil and DASH (Development
of Health Activities in Haiti).

[Food Program]{.underline}

USAID/Haiti has a Title II food assistance program through three
multi-year assistance program (MYAP) Title II food program mechanisms
with World Vision (WV), Catholic Relief Services (CRS), and ACDI-VOCA.
World Vision is geographically covering communities in the Central and
West Departments CRS is covering communities in the South and Grand'Anse
Departments, and ACDI-VOCA is covering communities in the South East
Department Each of these MYAP Title II partners is planning on using the
funding from monetized food programming to deliver clinic- and/or
community-based health care services. Several opportunities exist to
expand USG results in HIV/AIDS, maternal and child health, family
planning and tuberculosis through these Title II food assistance partner
activities.

**C.2. ACHIEVING PROGRAM RESULTS**

The overall objective of the "*Integrated HIV/AIDS Community Care
Program*", through this RFA, is to strengthen, expand and coordinate NGO
community-based HIV services, integrating child health, reproductive
health (maternal health and family planning), tuberculosis detection and
treatment, and other social sector services, where applicable, to
improve livelihoods and the overall quality of lives of vulnerable
Haitian families at the community level.

USAID/Haiti has budgeted approximately up to \$125 million for program
activities ending September 30, 2014. The following table provides an
illustrative budget per Fiscal Year (FY) of the total amount and type of
funding to be allocated each fiscal year, pending actual Congressionally
approved funding levels for development assistance in Haiti on an annual
basis. Recipient(s) will be required to program and report on funds
based on the funding amount vis-a-vis type of funding received each
year. FY2007 and FY2008 will be combined to support the first year of
activities under this agreement.

Illustrative Fiscal Year Funding (000)

+-----------------+------+------+------+------+------+------+------+
| **Program       | **FY | **FY | **FY | **   | **   | **   | **   |
| Funding         | 20   | 20   | 20   | FY20 | FY20 | FY20 | FY20 |
| Source**        | 07** | 08** | 09** | 10** | 11** | 12** | 13** |
|                 |      |      |      |      |      |      |      |
|                 | ***( | ***( | ***( | ***( | ***( | ***( | ***( |
|                 | year | year | year | year | year | year | year |
|                 | 1    | 1    | 2    | 3    | 4    | 5    | 6    |
|                 | )*** | )*** | )*** | )*** | )*** | )*** | )*** |
+-----------------+------+------+------+------+------+------+------+
| HIV/AIDS        | 1000 | 5    | 10   | 10   | 15   | 15   | 16   |
|                 |      | ,000 | ,000 | ,000 | ,000 | ,000 | ,000 |
+-----------------+------+------+------+------+------+------+------+
| Tuberculosis    | 0    | 1    | 1    | 1    | 1    | 1    | 1    |
|                 |      | ,000 | ,000 | ,000 | ,000 | ,000 | ,000 |
+-----------------+------+------+------+------+------+------+------+
| Maternal and    | 0    | 3    | 4    | 4    | 4    | 4    | 4    |
| Child Health    |      | ,000 | ,000 | ,000 | ,000 | ,000 | ,000 |
+-----------------+------+------+------+------+------+------+------+
| Family Planning | 0    | 3    | 3    | 3    | 3    | 3    | 3    |
|                 |      | ,000 | ,000 | ,000 | ,000 | ,000 | ,000 |
+-----------------+------+------+------+------+------+------+------+
| Other           | 0    | 1    | 1    | 1    | 1    | 1    | 1    |
|                 |      | ,000 | ,000 | ,000 | ,000 | ,000 | ,000 |
+-----------------+------+------+------+------+------+------+------+
| **APPROX.       | **10 | **   | **   | **   | **   | **   | **   |
| TOTAL**         | 00** | 13,0 | 19,0 | 19,0 | 24,0 | 24,0 | 25,0 |
|                 |      | 00** | 00** | 00** | 00** | 00** | 00** |
+-----------------+------+------+------+------+------+------+------+

USAID encourages applicants to design and propose a community-based
program, consistent with USAID regulations, that:

-   Creates a strategic vision and platform for integrating and
    coordinating on a large geographic scale HIV community-based
    activities through NGOs within the parameters of the PEPFAR
    Program's community care and support strategic approach and guidance
    (refer to additional background documents for Applicants in
    preparation for applications, Section C.3. ADDITIONAL BACKGROUND
    INFORMATION).;

-   integrates, where applicable, maternal and child health, family
    planning, and tuberculosis community- and clinic-based activities
    with the HIV activities;

-   strategically selects NGO partners and/or sub-recipients who
    currently already have strong community- and clinic-based programs
    in Haiti and would succeed in providing both HIV and other health
    services, as well as food security interventions, in an integrated
    manner;

-   strategically designs grant application processes for bringing on
    new NGO partners, as appropriate and applicable, to achieve results;

-   leverages and expands results currently being achieved by other U.S.
    Government implementing partners and other donors in support of the
    Government of Haiti's national health strategy and poverty reduction
    strategy (PRSP);

-   further strengthens the institutional capacity of those NGOs that
    need to strengthen their abilities to design, implement, coordinate,
    manage and monitor community- and/or clinic-based activities;

-   puts in place a cost efficient and programmatically and
    administratively strong management team and systems that will
    efficiently perform three overall functions -- (1) provide the
    strategic guidance to coordinate and integrate sub-recipient NGO
    activities under one cohesive technical approach; 2) efficiently
    manage the financial "funds flow" and sub-granting processes to
    NGOs; and (3) monitor, evaluate and report on program effectiveness
    and results achieved annually.

Specific HIV community-based activities should include:

-   working closely with HIV/AIDS care and treatment sites (hospitals,
    clinics), particularly those of the MOH, to ensure community
    follow-up of all enrolled HIV patients;

-   providing support to people living with HIV and AIDS (PLWHA) and
    their families, including home visits, provision of commodities and
    services in the basic package of home services (potable water
    system, treated bed nets, condoms, personal hygiene items);

-   facilitating access to cash-for-work, micro-credit and job skills
    programs to assist with income generation for families affected by
    HIV/AIDS;

-   providing support to HIV post-test clubs and PLWHA support groups at
    the community level;

-   referring all partners and children of PLWHA to a designated site
    for HIV counseling and testing;

-   conducting follow-up with enrolled PLWHA to ensure they do not miss
    their clinic appointments for care and treatment;

-   referring all pregnant women in the community to a designated site
    for HIV testing and counseling;

-   following up with all HIV positive pregnant women to encourage
    adherence to the PMTCT plan laid out for them, including the
    provision of preventive drugs for the new-born infants;

-   referring community members to designated sites for diagnosis and
    treatment of TB and sexually transmitted infections, as needed;

-   providing support to orphans and vulnerable children (OVC), both
    infected and affected by HIV and AIDS, in one or more of the six
    intervention areas identified in the PEPFAR OVC guidance (refer to
    additional background documents for Applicants in preparation for
    applications, Section C.3. ADDITIONAL BACKGROUND INFORMATION).

Specific maternal and child health community- and/or clinic-based
activities, where applicable within the Applicant's strategic approach,
should include:

-   raising awareness of the importance of pregnant women receiving
    prenatal and post partum care, and assisted deliveries with a
    skilled birth attendant;

-   improving behavioral practices to address malnutrition, respiratory
    and diarrheal diseases at the community and house-hold level;

-   increasing access to and use of child health services to prevent
    disease and treat common childhood illness.

Specific family planning community- and/or clinic-based activities,
where applicable within the applicant's strategic approach, should
include:

-   raising awareness of the reproductive and child health as well as
    economic benefits of voluntary family planning;

-   increasing access to and use of modern family planning counseling
    and services.

Specific tuberculosis community- and/or clinic-based activities, where
applicable within the applicant's strategic approach, should include:

-   expanding the reach of the current National Tuberculosis Program's
    Directly Observed Treatment (DOTS) through NGOs that carry out
    community and/or clinic-based TB activities.

Pending on Congressionally approved appropriations and earmarks, there
may be other social sector activities related to improving livelihoods
at the community and household level to be implemented.

In the case of an umbrella award, applicants should estimate the dollar
amount of a typical sub-grant envisioned under this program and any
minimum or maximum amounts envisioned; the approximate number of
sub-grants to be awarded per year and the approximate total amount of
the program that will be awarded as sub-grants; and the distribution of
sub-grants by geographic intervention area and high-risk population.
USAID expects the award(s) under this RFA to promote gender equity and
support a range of activities that will lead towards the achievement of
the overall objective.

In carrying out the program, the recipient will:

-   ensure that all USAID funds, including funds provided to
    sub-grantees, are managed and disbursed per USAID regulations and
    cost principles;

-   develop for the approval of the USAID/Haiti Mission Environmental
    Officer (MEO) a Medical Waste Disposal Program, including medical
    waste resulting from HIV testing, that is in compliance with 22 CFR
    216, Environmental Procedures; and,

-   ensure compliance with the Medical Waste Disposal Program for all
    program-funded activities.

**Geographic Areas of Intervention**

Applicants should propose a logical and rational geographic focus
approach, taking into account HIV/AIDS, child survival, family planning
and tuberculosis activities funded through other USG agencies and
possible linkages with other USG implementing partner activities in
other sectors as well as opportunities to further results in areas where
there is a gap in community- and/or clinic-based services. The program
should be of sufficient scale, concentration and geographic extent to
cover significant portions of the target populations.

**EXPECTED RESULTS**

Within the applicant's proposed geographic target area(s), the following
are the HIV/AIDS results to be achieved and the minimum list of
indicators to be used to measure the successful achievement of the
program's results.

**Result #1 - Increased provision of care and support services to people
living with HIV and AIDS and to HIV/AIDS related orphans and vulnerable
children and to their families.**

Indicators:

\(1\) number and percent of people known to have HIV/AIDS in target
intervention areas who receive integrated care and support services,
including the basic package of community services for PLWHA and their
families;

\(2\) number and percent of sexual partners and children of people known
to have HIV/AIDS who are referred for HIV screening;

\(3\) number and percent of people known to have HIV/AIDS in target
intervention areas referred for TB screening and treatment ;

\(4\) number and percent of people known to have HIV/AIDS in target
intervention areas referred for STI screening and treatment;

\(5\) number and percent of expected pregnant women in target
intervention areas referred for HIV screening;

\(6\) number and percent of known HIV positive pregnant women who
receive community-based care and support through to the post-partum
period, including accompanying them for drug prophylaxis for themselves
and their new-born infants;

\(7\) number of HIV/AIDS-related orphans and vulnerable children (OVC)
who benefit from one or two of the services in the basic OVC package of
services.

\(8\) number of HIV/AIDS-related orphans and vulnerable children (OVC)
who benefit from three or more of the services in the basic OVC package
of services.

\(9\) number and percent of households of PLWHA and/or OVC who receive
regular food rations (Title II, World Food Program or other sources.)

\(10\) number of groups (support group/post-test club) organized to
respond to the needs of PLWHA which meet regularly

\(11\) number of providers/caregivers trained to provide home-based care
and support to PLWHA and their families;

\(12\) number of providers/caregivers trained in caring for OVC

Means of Verifying Indicators: Applicant's program monitoring and
evaluation system

In addition, based on the applicant's approach to integrating
tuberculosis, maternal and child health, and family planning activities,
the possible results to be achieved and annual indicators to measure the
successful achievement of the program's results are listed below.
Applicants may elect to omit some of the indicators under Results 2, 3
and 4 below that may not be applicable to the applicant's proposed
approach as well as propose additional indicators.

**Result #2 - Increased detection and treatment of tuberculosis.**

Indicators:

\(1\) number of people trained in DOTs with USG funding

\(2\) case notification rate in new sputum smear positive pulmonary TB
cases in USG-supported supported communities and/or clinics

\(3\) percent of USG-supported laboratories performing TB microscopy
with over 95% correct microscopy results

\(4\) percent of category IV patents that were cured and completed
treatment under USG funded DOTS plus program

Means of Verifying Indicators: Applicant's program monitoring and
evaluation system.

**Result #3 - Increased use of basic maternal and child health care
services.**

Indicators:

\(1\) number of antenatal care visits by skilled providers through a
USG-supported program (disaggregated by matrons and clinic-based skilled
providers)

\(2\) number and percentage of assisted deliveries with a skilled birth
attendant through a USG-supported program (disaggregated by assisted
deliveries in a health facility and assisted deliveries by a trained
birth attendant -referred to as a matrone in Haiti - in the home)

\(3\) number and percentage of newborns receiving essential newborn care
through a USG-supported program

\(4\) number of and percentage of postpartum and newborn visits within
three days of birth in USG-assisted program

\(5\) number and percentage of children under the age of one year fully
immunized (per the WHO definition of fully immunized child) from a
USG-supported program

\(6\) number and percentage of children under the age of five years
treated for diarrheal disease from a USG-supported program

\(7\) number of cases of child acute respiratory infection and diarrheal
disease treated (disaggregated by acute respiratory infection and
diarrehal disease)

\(8\) number and percentage of children under the age of five years who
received vitamin A from a USG-supported program

\(9\) number of people trained (disaggregated by type of training) from
a USG-supported program

\(10\) number of people and percentage of target population that have
heard behavior change messages related to infant, child, and
reproductive health

Means of Verifying Indicators: Applicant's program monitoring and
evaluation system.

**Result #4 - Increased voluntary use of modern family planning
methods.**

Indicators:

\(1\) number of people trained (disaggregated by type of training)

\(2\) number of counseling visits for family planning / reproductive
health in the USG-supported program

\(3\) couple years of protection (CYP) in the USG-supported program

\(4\) contraceptive prevalence rate (CPR) in the USG-supported program

\(5\) number of service delivery points reporting stock-outs of
contraceptive commodities

\(6\) number of people and percentage of target population that have
heard behavior change messages on voluntary use of modern contraception
and reproductive health

Means of Verifying Indicators: Applicant's program monitoring and
evaluation system.

Pending on Congressionally approved appropriations and earmarks, there
may be other social sector results and indicators to be used to measure
those results that are related to improving livelihoods at the community
and household level to be implemented.

**C.3. ADDITIONAL BACKGROUND INFORMATION**

The following documents are available electronically at
<http://www.hausaid.info/index.jsp> as a wide variety of background
information available to all interested applicants.

A.  **USAID Documents**

1\. Haiti Demographic and Health Survey 2005-2006. Available at
www.measuredhs.com

2\. HIV/AIDS Behavior Surveillance Survey Summary Report (USAID, FHI,
Center for Evaluation and Applied Research and Haitian Child Health
Institute) 2006

3\. USAID/Haiti Mission Strategy Statement FY 2007-2009, July 5, 2006.
Public Version

4\. USAID/Haiti Map of Geographic Coverage of Services for HIV-AIDS
related Orphans and Vulnerable Children, March 2008.

5\. USAID/Haiti List of NGO and *Zones Cibleés* Service Delivery Sites,
December 2007.

6\. USG Haiti PEPFAR List of HIV/AIDS Service Delivery Sites, January
2008.

7\. Office of Global AIDS Coordinator (OGAC), Guidance documents for
programs in ABC Prevention, Food and Nutrition, Preventive Care,
Palliative care and Orphans and Vulnerable Children

**B. Government of Haïti Documents**

1.  *Minisetre de la Santé Publique*, *Plan Stratégique National pour la
    Reforme du Secteur de la Santé,* Novembre, 2005.

2.  *Programme National de Lutte contre le VIH/SIDA, Plan Strategique
    Intersectoriel, 2007-2009*

3.  *Document de Stratégie Nationale pour la Croissance et la Réduction
    de la Pauvreté  (2008-2010*)

**C4. SUBSTANTIAL INVOLVEMENT UNDERSTANDING**

USAID/Haiti shall approve all specified key personnel.

**C,5 SPECIAL PROVISIONS**

Continuation Application: The program period and program amount covers
the full program period of seventy-two (72) months; during the first
year of the program, the Recipient shall proceed in accordance with the
first year work-plan that forms part of its application for funding.
Thereafter, performance of the agreement shall be in accordance with a
non-competing continuation application, submitted, reviewed, and
approved as follows:

1\) The due date for the first Non-Competing Continuation Application
shall be nine months following the award of the agreement. The
Application shall consist of a report of progress from the time of award
to the present, expenditures incurred during that period, a work-plan
for the second full year of the program and a budget to support the
second year work-plan. Subsequent Non-Competing Applications shall be
due on the anniversary date of the first Non-Competing Continuous
Application of each program year. Subsequent Non-Competing Applications
shall contain the same information as specified above.

2)  USAID/Haiti will review Non-Competing Continuation Applications
    according to formal or informal procedures that it will establish
    and will advise the Recipient of the results of that review no later
    than 30 days prior to the end of the current program year. If the
    program is approved for another year and subject to funds
    availability, the Recipient will be advised officially via the CTO.

> D.

# REPRESENTATIONS/Certifications required for Cooperative Agreement TO U.S. NGO

# 

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# CERTIFICATIONS, ASSURANCES, AND OTHER STATEMENTS OF THE RECIPIENT (MAY 2006)

NOTE: When these Certifications, Assurances, and Other Statements of
Recipient are used for cooperative agreements, the term \"Grant\" means
\"Cooperative Agreement\".

**PART I - CERTIFICATIONS AND ASSURANCES**

1.  **ASSURANCE OF COMPLIANCE WITH LAWS AND REGULATIONS GOVERNING
    NON-DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS**

*Note: This certification applies to Non-U.S. organizations if any part
of the program will be undertaken in the United States.*

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

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

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

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

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

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

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

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

> **2. CERTIFICATION REGARDING LOBBYING**

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

\(1\) No Federal appropriated funds have been paid or will be paid, by
or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal Cooperative Agreement, 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.

> **3. Prohibition on Assistance to Drug Traffickers for Covered
> Countries and Individuals (ADS 206)**

USAID reserves the right to terminate this Agreement, to demand a refund
or take other appropriate measures if the Grantee is found to have been
convicted of a narcotics offense or to have been engaged in drug
trafficking as defined in 22 CFR Part 140. The undersigned shall review
USAID ADS 206 to determine if any certifications are required for Key
Individuals or Covered Participants.

If there are COVERED PARTICIPANTS: USAID reserves the right to terminate
assistance to or take other appropriate measures with respect to, any
participant approved by USAID who is found to have been convicted of a
narcotics offense or to have been engaged in drug trafficking as defined
in 22 CFR Part 140.

> **4. CERTIFICATION REGARDING TERRORIST FINANCING IMPLEMENTING
> EXECUTIVE ORDER 13224**

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.

> **5. CERTIFICATION OF RECIPIENT**
>
> By signing below the recipient provides certifications and assurances
> for (1) the Assurance of Compliance with Laws and Regulations
> Governing Non-Discrimination in Federally Assisted Programs, (2) the
> Certification Regarding Lobbying, (3) the Prohibition on Assistance to
> Drug Traffickers for Covered Countries and Individuals (ADS 206) and
> (4) the Certification Regarding Terrorist Financing Implementing
> Executive Order 13224 above.

RFA/APS No.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Application No.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date of Application
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name of Recipient
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

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

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

**PART II - KEY INDIVIDUAL CERTIFICATION NARCOTICS OFFENSES AND DRUG
TRAFFICKING**

I hereby certify that within the last ten years:

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

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

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

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

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

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

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

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

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

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

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

NOTICE:

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

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

**PART III - PARTICIPANT CERTIFICATION NARCOTICS OFFENSES AND DRUG
TRAFFICKING**

1\. I hereby certify that within the last ten years:

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

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

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

2\. I understand that USAID may terminate my training if it is
determined that I engaged in the above conduct during the last ten years
or during my USAID training.

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

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

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

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

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

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

NOTICE:

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

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

**PART IV - CERTIFICATION OF COMPLIANCE WITH THE STANDARD PROVISIONS
ENTITLED "CONDOMS" AND "PROHIBITION ON THE PROMOTION OR ADVOCACY OF THE
LEGALIZATION OR PRACTICE OF PROSTITUTION OR SEX TRAFFICKING."**

*Applicability: This certification requirement only applies to the prime
recipient. Before a U.S. or non-U.S. non-governmental organization
receives FY04-FY08 HIV/AIDS funds under a grant or cooperative
agreement, such recipient must provide to the Agreement Officer a
certification substantially as follows*:

"\[Recipient\'s name\] certifies compliance as applicable with the
standard

provisions entitled "Condoms" and "Prohibition on the Promotion or
Advocacy

of the Legalization or Practice of Prostitution or Sex Trafficking"
included in

the referenced agreement."

RFA/APS No.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Application No.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date of Application
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

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

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

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

**PART V - SURVEY ON ENSURING EQUAL OPPORTUNITY FOR APPLICANTS**

*Applicability: All RFA's must include the attached Survey on Ensuring
Equal Opportunity for Applicants as an attachment to the RFA package.
Applicants under unsolicited applications are also to be provided the
survey. ( While inclusion of the survey by Agreement Officers in RFA
packages is required, the applicant's completion of the survey is
voluntary, and must not be a requirement of the RFA. The absence of a
completed survey in an application may not be a basis upon which the
application is determined incomplete or non-responsive. Applicants who
volunteer to complete and submit the survey under a competitive or
non-competitive action are instructed within the text of the survey to
submit it as part of the application process.)*

**PART VI - OTHER STATEMENTS OF RECIPIENT**

**1. AUTHORIZED INDIVIDUALS**

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

Name Title Telephone No. Facsimile No.

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

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

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

**2. TAXPAYER IDENTIFICATION NUMBER (TIN)**

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

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

> **3. DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER**

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

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

\(1\) Recipient\'s name.

\(2\) Recipient\'s address.

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

\(4\) Line of business.

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

\(6\) Date the organization was started.

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

\(8\) Company affiliation.

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

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

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

**4. LETTER OF CREDIT (LOC) NUMBER**

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

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

**5. PROCUREMENT INFORMATION**

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

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

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

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

TYPE/DESCRIPTION(Generic) QUANTITY ESTIMATED UNIT COST

\(d\) Source, Origin, and Componentry of Goods. If the recipient plans
to purchase any goods/commodities which are not of U.S. source and/or
U.S. origin, and/or does not contain at least 50% componentry, which are
not at least 50% U.S. source and origin, please indicate below (using a
continuation page, as necessary) the types and quantities of each,
estimated unit costs of each, and probable source and/or origin, to
include the probable source and/or origin of the components if less than
50% U.S. components will be contained in the commodity. \"Source\" means
the country from which a commodity is shipped to the cooperating country
or the cooperating country itself if the commodity is located therein at
the time of purchase. However, where a commodity is shipped from a free
port or bonded warehouse in the form in which received therein,
\"source\" means the country from which the commodity was shipped to the
free port or bonded warehouse. Any commodity whose source is a non-Free
World country is ineligible for USAID financing. The \"origin\" of a
commodity is the country or area in which a commodity is mined, grown,
or produced. A commodity is produced when, through manufacturing,
processing, or substantial and major assembling of components, a
commercially recognized new commodity results, which is substantially
different in basic characteristics or in purpose or utility from its
components. Merely packaging various items together for a particular
procurement or relabeling items do not constitute production of a
commodity. Any commodity whose origin is a non-Free World country is
ineligible for USAID financing. \"Components\" are the goods, which go
directly into the production of a produced commodity. Any component from
a non-Free World country makes the commodity ineligible for USAID
financing.

TYPE/DESCRIPTION QUANTITY ESTIMATED GOODS PROBABLE GOODS PROBABLE

(Generic) UNIT COST COMPONENTS SOURCE COMPONENTS ORIGIN

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

TYPE/DESCRIPTION QUANTITY ESTIMATED PROBABLE INTENDED USE

(Generic) UNIT COST SOURCE ORIGIN

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

TYPE/DESCRIPTION QUANTITY ESTIMATED PROBABLE SLUPPIER NATIONALITY
RATIONALE

(Generic) UNIT COST (Non-US Only) for NON-US

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

TYPE/DESCRIPTION(Generic) QUANTITY ESTIMATED UNIT COST PROPOSED
DISPOSITION

**6. PAST PERFORMANCE REFERENCES**

On a continuation page, please provide past performance information
requested in the RFA.

**7. TYPE OF ORGANIZATION**

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

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

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

**8. ESTIMATED COSTS OF COMMUNICATIONS PRODUCTS**

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

**E. Award Format**

![](media/image2.png){width="3.125in" height="0.9270833333333334in"}

(NAME)

(ADDRESS)

Reference:

Subject: Cooperative Agreement No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Dear \_\_\_\_\_\_\_\_\_:

Pursuant to the authority contained in the Foreign Assistance Act of
1961, as amended, the U.S. Agency for International Development (USAID)
hereby awards to [(Organization/Recipient),]{.underline} hereinafter
referred to as the "Recipient", the sum of \$ \_\_\_\_\_\_\_\_\_\_ to
provide support for a program in \_\_\_\_\_\_\_\_\_\_\_ as described in
the Schedule of this award and in Attachment B, entitled \"Program
Description.\"

This Cooperative Agreement is effective and obligation is made as of the
date of this letter and shall apply to expenditures made by the
Recipient in furtherance of program objectives during the period
beginning with the effective date \_\_\_\_\_\_\_ and
ending\_\_\_\_\_\_\_\_. USAID will not be liable for reimbursing the
Recipient for any costs in excess of the obligated amount.

This Cooperative Agreement is made to the Recipient
\_\_\_\_\_\_\_\_\_\_\_\_\_, on condition that the funds will be
administered in accordance with the terms and conditions as set forth in
Attachment A (the Schedule), Attachment B (the Program Description), and
Attachment C (the Standard Provisions), all of which have been agreed to
by your organization.

Please sign the original and all enclosed copies of this letter to
acknowledge your receipt of the Cooperative Agreement, and return the
original and all but one copy to the Agreement Officer.

Sincerely yours,

xxxxxxxxxxxxxxxxxxx

Agreement Officer

Attachments:

A. Schedule

B. Program Description

C. Standard Provisions

ACKNOWLEDGED:

BY: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TITLE: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DATE: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

A. GENERAL

1\. Appropriation:

2\. Amount Obligated this Action:

3\. Total Estimated USAID Amount:

4\. Total Obligated USAID Amount:

5\. Cost-Sharing Amount (Non-Federal):

6\. Activity Title:

7\. USAID Technical Office:

8\. Tax I.D. Number:

9\. DUNS No.:

10\. LOC Number:

**B. SPECIFIC**

For AID/W Actions:

1\. Budget Fiscal Year:

2\. Operating Unit:

3\. Strategic Objective:

4\. Team/Division:

5\. Benefiting Geo Area:

6\. Object Class:

For Mission Actions:

1\. Budget Plan Code:

2\. MAARD No.:

3\. Strategic Objective No.:

C. PAYMENT OFFICE

**TABLE OF CONTENTS**

[Attachment A SCHEDULE 3](#attachment-a-schedule)

[A.1 PURPOSE OF COOPERATIVE AGREEMENT
3](#a.1-purpose-of-cooperative-agreement)

[A.2 PERIOD OF COOPERATIVE AGREEMENT
3](#a.2-period-of-cooperative-agreement)

[A.3 AMOUNT OF COOPERATIVE AGREEMENT AND PAYMENT
3](#a.3-amount-of-cooperative-agreement-and-payment)

[A.4 COOPERATIVE AGREEMENT BUDGET 3](#a.4-cooperative-agreement-budget)

[A.5 REPORTING AND EVALUATION 3](#a.5-reporting-and-evaluation)

[A.6 INDIRECT COST RATE 3](#a.6-indirect-cost-rate)

[A.7 TITLE TO PROPERTY 3](#a.7-title-to-property)

[A.8 AUTHORIZED GEOGRAPHIC CODE 3](#a.8-authorized-geographic-code)

[A.9 COST SHARING 3](#a.9-cost-sharing)

[A.10 SUBSTANTIAL INVOLVEMENT 3](#a.10-substantial-involvement)

[A.11 PROGRAM INCOME 3](#a.11-program-income)

[A.12 SPECIAL PROVISIONS 3](#a.12-special-provisions)

[A.12.1 USAID DISABILITY POLICY (DEC 2004)
3](#a.12.1-usaid-disability-policy-dec-2004)

[A.12.2 EXECUTIVE ORDER ON TERRORISM FINANCING (FEB 2002)
3](#a.12.2-executive-order-on-terrorism-financing-feb-2002)

[A.12.3 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL
3](#a.12.3-foreign-government-delegations-to-international)

[CONFERENCES (JAN 2002) 3](#conferences-jan-2002)

[A.12.4 COUNTRY-BY-COUNTRY BREAKDOWN OF EXPENDITURES
3](#a.12.4-country-by-country-breakdown-of-expenditures)

[-End of Schedule- Attachment B PROGRAM DESCRIPTION
3](#end-of-schedule-)

[Attachment B PROGRAM DESCRIPTION 3](#attachment-b-program-description)

[ATTACHMENT C STANDARD PROVISIONS 3](#attachment-c-standard-provisions)

[STANDARD PROVISIONS FOR U.S., NONGOVERNMENTAL ORGANIZATIONS
3](#standard-provisions-for-u.s.-nongovernmental-organizations)

#   {#section-2 .unnumbered}

#  Attachment A SCHEDULE

##  A.1 PURPOSE OF COOPERATIVE AGREEMENT

> The purpose of this Cooperative Agreement is to provide support for
> the program described in Attachment 2 to this Cooperative Agreement
> entitled \"Program Description.\"

##  A.2 PERIOD OF COOPERATIVE AGREEMENT

##  

> 1\. The effective date of this Cooperative Agreement is
> \_\_\_\_\_\_\_\_\_. The estimated completion date of this Cooperative
> Agreement is \_\_\_\_\_\_\_\_\_.
>
> *(For incrementally funded Cooperative Agreements or where pre-awarded
> expenses are authorized, add the following sentence :)*
>
> 2\. Funds obligated hereunder are available for program expenditures
> for the estimated period \_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_\_.

##  

##  A.3 AMOUNT OF COOPERATIVE AGREEMENT AND PAYMENT

> *(For fully funded Cooperative Agreements use the following :)*
>
> 1\. USAID hereby obligates the amount of \$\_\_\_\_\_\_ for purposes
> of this Cooperative Agreement.
>
> 2\. Payment shall be made to the Recipient by Letter of Credit in
> accordance with procedures set forth in 22 CFR 226. *(NOTE: Letter of
> Credit is the \"preferred payment method\". However, the Agreement
> Officer must select the appropriate method of payment in accordance
> with the applicability requirements set forth in 22 CFR 226; i.e.,
> letter of credit, advance payment or reimbursement.)*

*-Or-*

> *(For incrementally funded Cooperative Agreements use the following in
> place of the above :)*
>
> 1\. The total estimated amount of this Cooperative Agreement for the
> period shown in A.2.1 above is \$­­­\_\_\_\_\_\_\_\_.
>
> 2\. USAID hereby obligates the amount of \$\_\_\_\_\_\_\_\_\_\_\_ for
> program expenditures during the period set forth in A.2.2 above and as
> shown in the Budget below. The Recipient will be given written notice
> by the Agreement Officer if additional funds will be added. USAID is
> not obligated to reimburse the Recipient for the expenditure of
> amounts in excess of the total obligated amount.
>
> 3\. Payment will be made to the Recipient by Letter of Credit in
> accordance with procedures set forth in 22 CFR 226 *(NOTE: Letter of
> Credit is the \"preferred payment method\". However the Agreement
> Officer must select the appropriate method of payment in accordance
> with the applicability requirements set forth in 22CFR 226; i.e.,
> letter of credit, advance payment or reimbursement.)*

##  A.4 COOPERATIVE AGREEMENT BUDGET

> *(NOTE - the items included in the budget, including local cost
> financing items, should relate to the results, activities or functions
> described in Attachment B - Program Description, not to specific cost
> items (such as salaries or travel) except for those listed as items
> 4-6 below. However, at the discretion of the Agreement Officer, an
> alternative budget may be appropriate.)*
>
> The following is the Agreement Budget, including local cost financing
> items, if authorized. Revisions to this budget shall be made in
> accordance with 22 CFR 226.

TOTAL\*

From\*\*\_\_to\*\*\_\_ From\*\*\_\_to\*\*\_\_ From\*\*\_\_to\*\*\_\_

Cost Element \$US/Local \$US/Local \$US/Local

1\.

2\.

3\.

4\. Training

5\. Procurement

6\. Indirect Costs \_\_\_\_ \_\_\_\_\_\_\_ \_\_\_\_ \_\_\_\_\_\_\_
\_\_\_\_ \_\_\_\_\_\_

overhead

7\. Total \$ \_\_\_\_ \_\_\_\_\_\_\_ \_\_\_\_ \_\_\_\_\_\_\_ \_\_\_\_
\_\_\_\_\_\_

*\* Use all three columns for incrementally funded Cooperative
Agreements, otherwise use only this column.*

*\*\* Insert effective and expiration dates of Cooperative Agreement or
obligation/funding dates.*

##  A.5 REPORTING AND EVALUATION

> 1\. **Financial Reporting**
>
> The Recipient shall submit \_\_ (an original and \_\_copies). *(Note -
> Agreement Officer to determine type of report, frequency of reporting
> periods and address)* Financial Reports shall be in keeping with 22
> CFR 226.
>
> *(For U.S. Organizations under Letter of Credit the following language
> shall be used):*
>
> In accordance with 22 CFR 226.52, the SF 269 and SF 272 will be
> required on a quarterly basis. The recipient shall submit these forms
> in the following manner:
>
> \(1\) The SF 272 and 272a (if necessary) must be submitted via
> electronic format to the U.S. Department of Health and Human Services
> ([http://www.dpm.psc.gov]{.underline}). A copy of this form shall also
> be submitted at the same time to the Agreement Officer *(NOTE: if
> Agreement Officer desires a copy)* and the Cognizant Technical
> Officer.
>
> \(2\) The SF 269 or 269a (as appropriate) shall be submitted to the
> Cognizant Technical officer with one copy to the Agreement Officer
> *(Note: if Agreement Officer desires)*.
>
> \(3\) In accordance with 22 CFR 226.70-72, the original and two copies
> of all final financial reports shall be submitted to M/FM, the
> Agreement Officer (if requested) and the CTO. The electronic version
> of the final SF 272 or 272a shall be submitted to HHS in accordance
> with paragraph (1) above.
>
> 2\. **Program Reporting**
>
> The Recipient shall submit (*Note: specify number of copies, not to
> exceed the original and two copies)* of a performance report to , the
> Cognizant Technical Officer, *(Note: specify name and title of the
> Agreement Officer, if desired, along with address)*. The performance
> reports are required to be submitted \_\_\_\_\_\_\_\_\_ *(Note: state
> frequency, not to exceed quarterly)* and shall contain the following
> information: *(Note: state reporting requirements, as related to the
> Program Description)*
>
> 3\. **Final Report**
>
> The Recipient shall submit the original and one copy to M/FM, the
> Agreement Officer (if requested), and the CTO and one copy, in
> electronic (preferred) or paper form of final documents to one of the
> following: (a) Via E-mail: docsubmit@dec.cdie.org ; (b) Via U.S.
> Postal Service: Development Experience Clearinghouse, 8403 Colesville
> Road, Suite 210 Silver Spring, MD 20910, USA; (c) Via Fax: (301)
> 588-7787; or (d) Online:

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

> *(Note: Agreement Officer to verify ADS 540 for detailed information
> on which categories of development experience documents should or
> should not be submitted to CDIE and appropriate format for electronic
> transmission.)*
>
> The final performance report shall contain the following information
> \_\_\_\_\_\_\_\_\_\_. *(Note: state reporting requirements, as related
> to the Program Description).*

##  

##  A.6 INDIRECT COST RATE

> *(Note: Establish the applicable indirect cost rate(s), base(s) on
> which they apply, and the Recipient\'s accounting period(s) they
> cover, as provided in the appropriate Standard Provision. If an
> Indirect Cost Rate Agreement has been executed by USAID or a cognizant
> Federal agency, such rate(s) are required to be incorporated herein if
> such costs are covered by the Cooperative agreement. The most current
> overhead information should be obtained from the Overhead and Special
> Costs and Contract Close-Out Branch (M/OAA/CAS).)*
>
> Pending establishment of revised provisional or final indirect cost
> rates, allowable indirect costs shall be reimbursed on the basis of
> the following negotiated provisional or predetermined rates and the
> appropriate bases:

Description Rate Base Type Period

1/ 1/ 1/

2/ 2/ 2/

3/ 3/ 3/

> 1/Base of Application:
>
> Type of Rate: Provisional
>
> Period:
>
> 2/Base of Application:
>
> Type of Rate: Provisional
>
> Period:
>
> 3/Base of Application:
>
> Type of Rate: Provisional
>
> Period:

##  A.7 TITLE TO PROPERTY

> *(Note: Specify to whom title will vest for property, by category if
> appropriate.)*
>
> Property Title will be vested with the Cooperative Country.

##  A.8 AUTHORIZED GEOGRAPHIC CODE

> *(Note: Add the following for cooperative agreements having a
> procurement element greater than \$250,000.)*
>
> The authorized geographic code for procurement of goods and services
> under this award is \_\_\_\_\_\_\_.

##  A.9 COST SHARING

*(Note: For those cooperative agreements with a Cost-share element add
the following :)*

> The Recipient agrees to expend an amount not less than of the total
> activity costs.

##  

## A.10 SUBSTANTIAL INVOLVEMENT

## 

Substantial involvement during the implementation of this Agreement
shall be limited to approval of the elements listed below:

*(Note: Refer to ADS 303 for a list of approved substantial involvement.
Involvement may consist of one or all of the listed elements shown below
and in that ADS section, unless a deviation is approved in accordance
with 303.3.4)*

a.  Approval of Recipient Implementation Plans.

b.  Approval of specified key personnel assigned to the positions listed
    below. The personnel currently listed have been approved. All
    changes thereto must be submitted for the approval by the Cognizant
    Technical Officer.

> Title: Name:
>
> Title: Name:
>
> c\. Agency and recipient collaboration or joint participation.
>
> d\. Agency Authority to immediately halt a construction activity.

## 

## A.11 PROGRAM INCOME

> *(Note: For Cooperative agreements which may generate Program Income,
> add the following :)*
>
> The Recipient shall account for Program Income in accordance with 22
> CFR 226.24 (or the Standard Provision entitled Program Income for
> non-U.S. organizations). Program Income earned under this award shall
> be added to the project.
>
> *(Note: Agreement Officers, in consultation with the Technical
> Officer, must decide how Program Income will be applied: 1) added to
> the Project; 2) used to finance the non-Federal share; 3) deducted
> from the total Federal share. All three may be picked as long as a
> descending order (i.e. \"excess amounts may be applied to another
> alternative\") is established in accordance with 22 CFR 226.24.
> Agreement Officers are encouraged to be as specific as possible in
> detailing the appropriate types of activities Program Income may be
> applied for when using the additive option as described as
> 226.24(b)(1).*

##  A.12 SPECIAL PROVISIONS

"ORGANIZATIONS ELIGIBLE FOR ASSISTANCE (ASSISTANCE) (JUNE 2005)

An organization that is otherwise eligible to receive funds under this
agreement

to prevent, treat, or monitor HIV/AIDS shall not be required to endorse
or utilize a

multisectoral approach to combatting HIV/AIDS, or to endorse, utilize,
or

participate in a prevention method or treatment program to which the

organization has a religious or moral objection.

CONDOMS (ASSISTANCE) (JUNE 2005)

Information provided about the use of condoms as part of projects or
activities

that are funded under this agreement shall be medically accurate and
shall

include the public health benefits and failure rates of such use and
shall be

consistent with USAID's fact sheet entitled, "USAID: HIV/STI Prevention
and

Condoms. This fact sheet may be accessed at:

http://www.usaid.gov/our_work/global_health/aids/TechAreas/prevention/condomfactsheet.html"

"PROHIBITION ON THE PROMOTION OR ADVOCACY OF THE

LEGALIZATION OR PRACTICE OF PROSTITUTION OR SEX TRAFFICKING

(ASSISTANCE) (JUNE 2005)

\(a\) 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. None of the funds made available under this
agreement

may be used to promote or advocate the legalization or practice of
prostitution or

sex trafficking. Nothing in the preceding sentence shall be construed to
preclude

the provision to individuals of palliative care, treatment, or
post-exposure

pharmaceutical prophylaxis, and necessary pharmaceuticals and
commodities,

including test kits, condoms, and, when proven effective, microbicides.

\(b\) Except as noted in the second sentence of this paragraph, as a
condition of

entering into this agreement or any subagreement, a non-governmental

organization or public international organization recipient/subrecipient
must have

a policy explicitly opposing prostitution and sex trafficking. The
following

organizations are exempt from this paragraph: the Global Fund to Fight
AIDS,

Tuberculosis and Malaria; the World Health Organization; the
International AIDS

Vaccine Initiative; and any United Nations agency.

\(c\) The following definition applies for purposes of this provision:

Sex trafficking means the recruitment, harboring, transportation,
provision, or

obtaining of a person for the purpose of a commercial sex act. 22 U.S.C.

7102(9).

\(d\) The recipient shall insert this provision, which is a standard
provision, in all

subagreements.

\(e\) This provision includes express terms and conditions of the
agreement and

any violation of it shall be grounds for unilateral termination of the
agreement by

USAID prior to the end of its term.

(End of Provision)"

> *(Note: - Use this section to delete inapplicable Standard Provisions
> or to add provisions of special applicability as authorized. Included
> should be waivers, including authorized local cost financing, and any
> alterations to the Standard Provisions or 22 CFR 226 which have been
> approved as deviations for the specific award.)*

### A.12.1 USAID DISABILITY POLICY (DEC 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_usaid/disability/>.

> \(b\) 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.

### 

### A.12.2 EXECUTIVE ORDER ON TERRORISM FINANCING (FEB 2002)

> The Contractor/Recipient is reminded that U.S. Executive Orders and
> U.S. law prohibits transactions with, and the provision of resources
> and support to, individuals and organizations associated with
> terrorism. It is the 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.
>
> *(Note: Before making the award, the Agreement Officer must obtain
> from the organization, the terrorist financing certification shown in
> AAPD 04-14.)*
>
> *(Note: The following "Foreign Government Delegations" provision is
> only included in agreements funded from the following accounts: -
> Development Assistance, including assistance for sub-Saharan Africa, -
> Child Survival and Disease* *Programs Fund, and - Micro and Small
> Enterprise Development Program Account):*

###  

### A.12.3 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL

### CONFERENCES (JAN 2002)

> Funds in this \[agreement, amendment\] may not be used to finance the
> travel, per diem, hotel expenses, meals, conference fees or other
> conference costs for any member of a foreign government\'s delegation
> to an international conference sponsored by a public international
> organization, except as provided in ADS Mandatory Reference \"Guidance
> on Funding Foreign Government Delegations to International
> Conferences\" or as approved by the AO.
>
> (Note: For those awards covering programs in more than one country,
> include the following special provision):

### A.12.4 COUNTRY-BY-COUNTRY BREAKDOWN OF EXPENDITURES 

> Recipient shall list each country included in the program and the
> total amount expended for each country under the award for the
> reporting period in the \"Remarks\" block on the \"Financial Status
> Report\" SF 269 or SF 269A, or on a separate sheet of paper with the
> \"Request for Advance or Reimbursement\" SF 270.

# -End of Schedule- 

#  Attachment B PROGRAM DESCRIPTION

#  ATTACHMENT C STANDARD PROVISIONS

# 

# 

# STANDARD PROVISIONS FOR U.S., NONGOVERNMENTAL ORGANIZATIONS

##  

(See [Standard Provisions for U.S., Nongovernmental
Recipients](http://www.usaid.gov/policy/ads/300/303maa.pdf) listed under
Mandatory References in ADS 303.)

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

I. MANDATORY STANDARD PROVISIONS FOR U.S. NONGOVERNMENTAL

RECIPIENTS\...\....4

1\. APPLICABILITY OF 22 CFR PART 226 (May
2005)\...\...\...\...\...\...\...\...\...4

2\. INELIGIBLE COUNTRIES (MAY
1986)\...\...\...\...\...\...\...\...\...\...\...\...\...4

3\. NONDISCRIMINATION (MAY
1986)\...\...\...\...\...\...\...\...\...\...\...\...\...\...4

4\. NONLIABILITY (NOVEMBER
1985)\...\...\...\...\...\...\...\...\...\...\...\...\...\...5

5\. AMENDMENT (NOVEMBER
1985)\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...5

6\. NOTICES (NOVEMBER
1985)\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....5

7\. SUBAGREEMENTS (June
1999)\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...5

8\. OMB APPROVAL UNDER THE PAPERWORK REDUCTION ACT (December
2003)\...\.....6

9\. USAID ELIGIBILITY RULES FOR GOODS AND SERVICES (April
1998)\...\...\.....6

\*10. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (January
2004) 10

\*11. DRUG-FREE WORKPLACE (January
2004)\...\...\...\...\...\...\...\...\...\...\...11

\*12. EQUAL PROTECTION OF THE LAWS FOR FAITH-BASED AND COMMUNITY
ORGANIZATIONS (February
2004)\...\...\...\...\...\...\...\...\...\...\...\...\...\.....12

\*13. IMPLEMENTATION OF E.O. 13224 \-- EXECUTIVE ORDER ON TERRORIST
FINANCING (March
2002)\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....13

\*14. MARKING UNDER USAID-FUNDED ASSISTANCE INSTRUMENTS (December
2005)..13

15\. REGULATIONS GOVERNING EMPLOYEES (AUGUST
1992)\...\...\...\...\...\...\....18

16\. CONVERSION OF UNITED STATES DOLLARS TO LOCAL CURRENCY (NOVEMBER
1985) 19

17\. USE OF POUCH FACILITIES (AUGUST
1992)\...\...\...\...\...\...\...\...\...\...20

18\. INTERNATIONAL AIR TRAVEL AND TRANSPORTATION (JUNE
1999)\...\...\...\...21

19\. OCEAN SHIPMENT OF GOODS (JUNE
1999)\...\...\...\...\...\...\...\...\...\.....23

20\. LOCAL PROCUREMENT (April
1998)\...\...\...\...\...\...\...\...\...\...\...\....25

21\. VOLUNTARY POPULATION PLANNING ACTIVITIES -- MANDATORY REQUIREMENTS
(MAY 2006) 26

II\. REQUIRED AS APPLICABLE STANDARD PROVISIONS FOR U.S.,
NONGOVERNMENTAL
RECIPIENTS\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....30

1\. NEGOTIATED INDIRECT COST RATES - PREDETERMINED (April
1998)\...\...\....30

2\. NEGOTIATED INDIRECT COST RATES - PROVISIONAL (Nonprofit) (April
1998)31

3\. NEGOTIATED INDIRECT COST RATE - PROVISIONAL (Profit) (April
1998)\....32

4\. PUBLICATIONS AND MEDIA RELEASES (MARCH
2006)\...\...\...\...\...\...\...\....33

5\. PARTICIPANT TRAINING (April
1998)\...\...\...\...\...\...\...\...\...\...\...\...34

6\. VOLUNTARY POPULATION PLANNING ACTIVITIES -- SUPPLEMENTAL
REQUIREMENTS (MAY
2006)\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...34

7\. PROTECTION OF THE INDIVIDUAL AS A RESEARCH SUBJECT (April
1998)\...\...50

8\. CARE OF LABORATORY ANIMALS (MARCH
2004)\...\...\...\...\...\...\...\...\...\...51

9\. TITLE TO AND CARE OF PROPERTY (COOPERATING COUNTRY TITLE) (NOVEMBER
1985)\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....52

10\. PUBLIC NOTICES (MARCH
2004)\...\...\...\...\...\...\...\...\...\...\...\...\....56

11\.
(RESERVED)\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...57

\*12. COST SHARING (MATCHING) (July
2002)\...\...\...\...\...\...\...\...\...\.....57

13\. PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS (JUNE
1999)\...\...\....57

\*14. INVESTMENT PROMOTION (NOVEMBER
2003)\...\...\...\...\...\...\...\...\...\....58

\*15. REPORTING OF FOREIGN TAXES (March
2006)\...\...\...\...\...\...\...\...\....59

\*16. FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES
(January 2002) 60

17\. ORGANIZATIONS ELIGIBLE FOR ASSISTANCE (JULY
2004)\...\...\...\...\...\...61

18\. PROHIBITION ON THE USE OF FEDERAL FUNDS TO PROMOTE, SUPPORT, OR
ADVOCATE FOR THE LEGALIZATION OR PRACTICE OF PROSTITUTION - ASSISTANCE
(JULY 2004) 61

\*19. ORGANIZATIONS ELIGIBLE FOR ASSISTANCE (JUNE
2005)\...\...\...\...\...\...63

\*20. CONDOMS (JUNE
2005)\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...63

\*21. PROHIBITION ON THE PROMOTION OR ADVOCACY OF THE LEGALIZATION OR
PRACTICE OF PROSTITUTION OR SEX TRAFFICKING (JUNE
2005)\...\...\...\...\...\...64

22\. USAID DISABILITY POLICY - ASSISTANCE (DECEMBER
2004)\...\...\...\...\...65

23\. STANDARDS FOR ACCESSIBILITY FOR THE DISABLED IN USAID ASSISTANCE

\*An asterisk indicates that the adjacent information is new or
substantively revised. 2

**I. MANDATORY STANDARD PROVISIONS FOR U.S. NONGOVERNMENTAL RECIPIENTS**

**1. APPLICABILITY OF 22 CFR PART 226 (May 2005)**

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

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

\[END OF PROVISION\]

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

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

\[END OF PROVISION\]

**3. NONDISCRIMINATION (MAY 1986)**

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

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

\[END OF PROVISION\]

\*An asterisk indicates that the adjacent information is new or
substantively revised. 4

**4. NONLIABILITY (NOVEMBER 1985)**

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

\[END OF PROVISION\]

**5. AMENDMENT (NOVEMBER 1985)**

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

\[END OF PROVISION\]

**6. NOTICES (NOVEMBER 1985)**

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

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

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

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

\[END OF PROVISION\]

**7. SUBAGREEMENTS (June 1999)**

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

\[END OF PROVISION\]

**8. OMB APPROVAL UNDER THE PAPERWORK REDUCTION ACT (December 2003)**

\*Information collection requirements imposed by this grant are covered
by OMB approval number 0412-0510; the current expiration date is
04/30/2005. The Standard Provisions containing the requirement and an
estimate of the public reporting burden (including time for reviewing
instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of
information) are

[Standard Provision Burden Estimate]{.underline}

Air Travel and Transportation 1 (hour)

Ocean Shipment of Goods .5

Patent Rights .5

Publications .5

Negotiated Indirect Cost Rates -

(Predetermined and Provisional) 1

Voluntary Population Planning .5

Protection of the Individual as a 1

Research Subject

[22 CFR 226 Burden Estimate]{.underline}

22 CFR 226.40-.49 Procurement

of Goods and Services 1

22 CFR 226.30 - .36

Property Standards 1.5

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

\[END OF PROVISION\]

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

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

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

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

\(i\) Military equipment,

\(ii\) Surveillance equipment,

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

\(iv\) Abortion equipment and services,

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

\(vi\) Weather modification equipment.

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

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

\(i\) Agricultural commodities,

\(ii\) Motor vehicles,

\(iii\) Pharmaceuticals,

\(iv\) Pesticides,

\(v\) Used equipment,

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

\(vii\) Fertilizer.

Prior approval will be deemed to have been met when:

\(i\) the item is of U.S. source/origin;

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

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

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

\*An asterisk indicates that the adjacent informa

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

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

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

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

\(B\) The Cooperating Country,

\(C\) USAID Geographic Code 941, and

\(D\) USAID Geographic Code 935.

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

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

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

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

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

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

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

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

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

\(2\) The Cooperating Country,

\(3\) \"Selected Free World\" countries (USAID Geographic

Code 941), and

\(4\) \"Special Free World\" countries (USAID Geographic

Code 899).

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

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

\[END OF PROVISION\]

**\*10. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (January
2004)**

a\. The recipient agrees to notify the Agreement Officer immediately
upon learning that it or any of its principals:

\(1\) Are presently excluded or disqualified from covered transactions
by any Federal department or agency;

\(2\) Have been convicted within the preceding three-year period
preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice;
commission of any other offense indicating a lack of business integrity
or business honesty that seriously and directly affects your present
responsibility;

\(3\) Are presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (1)(b); and

\(4\) Have had one or more public transactions (Federal, State, or
local) terminated for cause or default within the preceding three years.

b\. The recipient agrees that, unless authorized by the Agreement
Officer, it will not knowingly enter into any subagreements or contracts
under this grant with a person or entity that is included on the
Excluded Parties List System (http://epls.arnet.gov). The recipient
further agrees to include the following provision in any subagreements
or contracts entered into under this award:

DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION (DECEMBER
2003)

The recipient/contractor certifies that neither it nor its principals is
presently excluded or disqualified from participation in this
transaction by any Federal department or agency.

c\. The policies and procedures applicable to debarment, suspension, and
ineligibility under USAID-financed transactions are set forth in 22 CFR
Part 208.

\[END OF PROVISION\]

\*An asterisk indicates that the adjacent information is new or
substantively revised. 10

**\*11. DRUG-FREE WORKPLACE (January 2004)**

a\. The recipient agrees that it will publish a drug-free workplace
statement and provide a copy to each employee who will be engaged in the
performance of any Federal award. The statement must

\(1\) Tell the employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited
in its workplace;

\(2\) Specify the actions the recipient will take against employees for
violating that prohibition; and

\(3\) Let each employee know that, as a condition of employment under
any award, he or she

\(i\) Must abide by the terms of the statement, and

\(ii\) Must notify you in writing if he or she is convicted for a
violation of a criminal drug statute occurring in the workplace, and
must do so no more than five calendar days after the conviction.

b\. The recipient agrees that it will establish an ongoing drug-free
awareness program to inform employees about

\(i\) The dangers of drug abuse in the workplace;

\(ii\) Your policy of maintaining a drug-free workplace;

> \(iii\) Any available drug counseling, rehabilitation and employee
> assistance programs; and

\(iv\) The penalties that you may impose upon them for drug abuse
violations occurring in the workplace.

c\. Without the Agreement Officer's expressed written approval, the
policy statement and program must be in place as soon as possible, no
later than the 30 days after the effective date of this award or the
completion date of this award, whichever occurs first.

d\. The recipient agrees to immediately notify the Agreement Officer if
an employee is convicted of a drug violation in the workplace. The
notification must be in writing, identify the employee's position title,
the number of each award on which the employee worked. The notification
must be sent to the Agreement Officer within ten calendar days after the
recipient learns of the conviction.

e\. Within 30 calendar days of learning about an employee's conviction,
the recipient must either

\(1\) Take appropriate personnel action against the employee, up to and
including termination, consistent with the requirements of the
Rehabilitation Act of 1973 (29 USC 794), as amended, or

\(2\) Require the employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for these purposes by a
Federal, State or local health, law enforcement, or other appropriate
agency.

f\. The policies and procedures applicable to violations of these
requirements are set forth in 22 CFR Part 210.

\[END OF PROVISION\]

\*An asterisk indicates that the adjacent information is new or
substantively revised. 11

**\*12. EQUAL PROTECTION OF THE LAWS FOR FAITH-BASED AND COMMUNITY
ORGANIZATIONS (February 2004)**

a\. The recipient may not discriminate against any beneficiary or
potential beneficiary under this award on the basis of religion or
religious belief. Accordingly, in providing services supported in whole
or in part by this agreement or in its outreach activities related to
such services, the recipient may not discriminate against current or
prospective program beneficiaries on the basis of religion, a religious
belief, a refusal to hold a religious belief, or a refusal to actively
participate in a religious practice;

b\. The Federal Government must implement Federal programs in accordance
with the Establishment Clause and the Free Exercise Clause of the First
Amendment to the Constitution. Therefore, if the recipient engages in
inherently religious activities, such as worship, religious instruction,
and proselytization, it must offer those services at a different time or
location from any programs or services directly funded by this award,
and participation by beneficiaries in any such inherently religious
activities must be voluntary.

c\. If the recipient makes subawards under this agreement, faith-based
organizations should be eligible to participate on the same basis as
other organizations, and should not be discriminated against on the
basis of their religious character or affiliation.

\[END OF PROVISION\]

**\*13. IMPLEMENTATION OF E.O. 13224 \-- EXECUTIVE ORDER ON TERRORIST
FINANCING (March 2002)**

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 recipient to ensure compliance with these
Executive Orders and laws. This provision must be included in all
contracts/subawards issued under this agreement.

\[END OF PROVISION\]

**\*14. 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 subagreement.

***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.

***Subrecipient*** means any person or government (including cooperating
country government) department, agency, establishment, or for profit or
nonprofit organization that receives a USAID subaward, 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 subrecipients, 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]{.underline}** 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 subaward 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.

\(9\) Subrecipients. To ensure that the marking requirements "flow
down\'\' to subrecipients of subawards, recipients of USAID funded
grants and cooperative agreements or other assistance awards will
include the USAID-approved marking provision in any USAID funded
subaward, as follows:

*"As a condition of receipt of this subaward, marking with the USAID
Identity of a size and prominence equivalent to or greater than the
recipient's, subrecipient'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 subrecipient, USAID may, at its discretion,
require marking by the subrecipient 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 [\[***Agreement
Officer fill-in***\]]{.underline} 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 subawards 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 not
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.

\*An asterisk indicates that the adjacent information is new or
substantively revised.

\[END OF PROVISION\]

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

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

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

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

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

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

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

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

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

\[END OF PROVISION\]

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

(This provision applies when activities are undertaken outside the
United States.)

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

\[END OF PROVISION\]

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

**(**This provision applies when activities are undertaken outside the
United States.)

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

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

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

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

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

Name of individual or organization (followed by

letter symbol \"G\")

City Name of post (USAID/\_\_\_\_\_\_)

Agency for International Development

Washington, D.C. 20523-0001

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

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

b\. The recipient shall be responsible for advising its employees of
this authorization, these guidelines, and limitations on use of pouch
facilities. c. Specific additional guidance on grantee use of pouch
facilities in accordance with this standard provision is available from
the Post Communication Center at the Embassy or USAID Mission.

\[END OF PROVISION\]

\*An asterisk indicates that the adjacent information is new or
substantively revised.

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

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

a\. PRIOR BUDGET APPROVAL

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

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

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

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

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

b\. NOTIFICATION

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

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

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

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

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

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

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

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

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

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

c\. SECURITY ISSUES

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

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

d\. USE OF U.S.-OWNED LOCAL CURRENCY

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

e\. THE FLY AMERICA ACT

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

f\. COST PRINCIPLES

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

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

g\. SUBAWARDS.

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

\[END OF PROVISION\]

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

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

\*An asterisk indicates that the adjacent information is new or
substantively revised.

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

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

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

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

U.S. Department of Transportation,

Maritime Administration, Division of National Cargo,

400 7th Street, S.W.,

Washington, DC 20590, and

U.S. Agency for International Development,

Office of Procurement, Transportation Division

1300 Pennsylvania Avenue, N.W.

Washington, DC 20523-7900

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

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

\[END OF PROVISION\]

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

(This provision applies when activities are undertaken outside the
United States.)

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

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

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

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

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

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

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

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

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

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

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

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

\(vi\) Other commodities and services and related expenses that, by
their

nature or as a practical matter, can only be acquired, performed, or
incurred in the cooperating country, e.g., vehicle maintenance, hotel
accommodations, etc.

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

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

\[END OF PROVISION\]

**21. VOLUNTARY POPULATION PLANNING ACTIVITIES -- MANDATORY REQUIREMENTS
(MAY 2006)**

Requirements for Voluntary Sterilization Programs

\(1\) None of the funds made available under this award shall be used to
pay for the performance of involuntary sterilization as a method of
family planning or to coerce or provide any financial incentive to any
individual to practice sterilization.

Prohibition on Abortion-Related Activities:

\(1\) No funds made available under this award will be used to finance,
support, or be attributed to the following activities: (i) procurement
or distribution of equipment intended to be used for the purpose of
inducing abortions as a method of family planning; (ii) special fees or
incentives to any person to coerce or motivate them to have abortions;
(iii) payments to persons to perform abortions or to solicit persons to
undergo abortions; (iv) information, education, training, or
communication programs that seek to promote abortion as a method of
family planning; and (v) lobbying for or against abortion. The term
"motivate", as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options.

\(2\) No funds made available under this award will be used to pay for
any biomedical research which relates, in whole or in part, to methods
of, or the performance of, abortions or involuntary sterilizations as a
means of family planning. Epidemiologic or descriptive research to
assess the incidence, extent or consequences of abortions is not
precluded.

\[END OF PROVISION\]

**ATTACHMENT 1**: **AAPD 05-11 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
> subagreement.
>
> ***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.
>
> ***Subrecipient*** means any person or government (including
> cooperating country government) department, agency, establishment, or
> for profit or nonprofit organization that receives a USAID subaward,
> 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 subrecipients, 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 subaward 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.
>
> \(9\) Subrecipients. To ensure that the marking requirements "flow
> down\'\' to subrecipients of subawards, recipients of USAID funded
> grants and cooperative agreements or other assistance awards will
> include the USAID-approved marking provision in any USAID funded
> subaward, as follows: *"As a condition of receipt of this subaward,
> marking with the USAID Identity of a size and prominence equivalent to
> or greater than the recipient's, subrecipient'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 subrecipient,
> USAID may, at its discretion, require marking by the subrecipient 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

**45 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 subawards 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.

**ATTACHMENT 2: Application for Federal Assistance (SF 424)**

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